Backup Documents 06/10/2025 Item #16D 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 ID 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents arc to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Carrie Kurutz Community and Human CK 6/5/25
Services
2. County Attorney Office County Attorney Office
5/10•14 6/id
3. BCC Office Board of County /
Commissioners 15S l (4 ( C//0/g5
4. Minutes and Records Clerk of Court's Office ma�yy''
7AL/ c�d�
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Carrie Kurutz, Grant Coordinator, Phone Number 239-252-2644
Contact/ Department _ Communityand Human Services
Agenda Date Item was Agenda Item Number 16.D.3.
Approved by the BCC
Type of Document Amendment#1 to Agreement CD23-03 Number of Original 3 copies of Amendment
Attached between Collier County and Renaissance Documents Attached #1 CD23-03
Hall Senior Living,LLLP
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? CK
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. CK
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. CK
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board CK
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. CK
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. CK
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines! CK
8. The document was approved by the BCC on®and all changes made during the N/A is not
meeting have been incorporated in the attached document. The County Attorney's 9,f 4 an option for
Office has reviewed the changes,if applicable. I N this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the kith an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16D 3
MEMORANDUM
Date: June 11, 2025
To: Carrie Kurutz, Grants
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: 1st Amendment to Agreement for Renaissance Hall Senior Living, LLLP
(CDBG Grant Program — Pre-development for Agreement #CD23-03)
Enclosed please find two (2) originals of each document referenced above (Agenda
Item #16D3), approved by the Board of County Commissioners on Tuesday, June 10,
2025.
The Minutes & Records Department has retained an original as part of the Board's
Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Enclosure
16D 3
FAIN# J B-23-UC-12-0016
Federal Award Date 10/01/2023
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $329,706.00
Funds Awarded _
Subrecipient Name Renaissance Hall Senior
Living, LLLP
UEI# S81 KUBG2LE57
FEIN 88-1927267
R&D NA
Indirect Cost Rate NA
Period of Performance 10/1/24- 1/5/27
Fiscal Year End 12/31
Monitor End: C 12/2031
-------- ---�----- -
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
RENAISSANCE HALL SENIOR LIVING, LLLP
CDBG Grant Program —Pre-development
THIS FIRST AMENDMENT is made and entered into this IDt day of 201Sy by and between
Collier County, a political subdivision of the State of Florida,("COUNTY")having its principal address at
3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Renaissance Hall Senior Living, LLLP
("SUBRECIPIENT"), a Florida Limited Partnership, having its principal office at.19308 SW 380`h Street,
Florida City, Florida 33034-7000 c/o P.O. Box 343529, Florida City, Florida 33034.
WHEREAS, the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant to execute and implement a Community Development
Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title 1 of the Housing and
Community Development Act of 1974(as amended);and
WHEREAS, on June 22, 2021, Agenda Item 16.D.7., the Board of County Commissioners
("Board")approved the County's U.S. Department of Housing and Urban Development(HUD) Five-Year
Consolidated Plan ("CPP") for use of entitlement funds for the program year period of PY 2021-2025
through Resolution 2021-131; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2023-2024 Annual
Action Plan on May 18,2023,with a 30-day Citizen Comment period from May 18,2023 to June 17,2023;
and
RENAISSANCE HALL SENIOR LIVING.LLLP
CD23-03 Page I
Project Name:Pre-development Project Costs I
1 6D 3
WHEREAS, on October 24,2023,Agenda Item 1 1.C.,the Board approved funding allocations to
support the Golden Gate Golf Course senior housing project for$329,706.00, and in accordance with the
County's Citizen Participant Plan 2021-2025, waived the requirement to submit an application for funding
following an"Open Door"process in which applications for funding can be considered and accepted at any
time during the program year until funds are no longer available for activities approved by the Board; and
WHEREAS,on November 21,2023,the Developer submitted a tinal application for participation
in the Collier County CDBG program;and
WHEREAS, on April 8, 2025, Agenda Item 16.D.9, the Parties entered into a subrecipicnt
agreement (Agreement) (CD23-03 Pre-development Project Costs) to further the goals and objectives of
the SLFRF Program;and
WHEREAS, the Parties desire to amend the Agreement to revise Grant and Special
Conditions. Project Details. Performance Deliverables, Grant Control Requirements. Terms and
Conditions. General Provisions, and add Exhibit H.
NOW,THEREFORE, in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
Words eli—T-11-r-ough are deleted; Words Underlined are added
PART I
SCOPE OF WORK
1.1 GRANT AND SPECIAL CONDITIONS
B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty
(60)days of execution of this Agreement:
El Affirmative Fair Housing Policy
• Conflict of Interest Policy (COI)and related COI Forms
• Procurement Policy
• Uniform Relocation Act(URA) Policy
• Sexual Harassment Policy
• Section 3 Policy
Section 504/ADA Policy(Non-Discrimination)
• Fraud, Waste,and Abuse Policy
• Language Assistance and Planning Policy(LAP)
• Limited English Proficiency Policy(LEP)
• Violence Against Women Act(VAWA) Policy
RI NAISSANCE HALL SENIOR LIVING,LLLP
CD23-03 Page 2
Project Name Pre-development Project Costs
16D 3
Duplication of Benefits Attestation and Subrecipient DOB Form
Affidavit Regarding Labor and Services(Trafficking) Form
Affirmative Action/Equal Employment Opportunity Policy
LGBTO Policy
*
D. Conflict of interest—SUBRECIPIENT must have written conflict of interest policies. The
CDBG Program distinguishes between two types of conflict of interest: one related to
organizations that carry out the project (recipients or subrecipients). and another specific
to individuals involved in providing services and day-to-day project operations.
SUBRECIPIENT shall have written policies related to both types of conflicts of interest.
With respect to the use of CDBG funds to procure services.equipment, supplies, or other
property,the SUBRECIPIENT shall comply with 2 CFR part 200. With respect to all other
decisions involving the use of CDBG funds, the following restrictions shall apply: No
person who is an employee, agency consultant,officer, or elected or appointed official of
the Subrecipient and who exercises or has exercised any functions or responsibilities with
respect to assisted activities, or who is in a position toparticipate in a decision-making
process or Rain inside information with regard to such activities, may obtain a person or
financial interest or benefit from the activity, or have an interest in any contract,
subcontract,or agreement with respect thereto,or the process thereunder.either for himself
or herself or for those with whom he or she has family or business ties, during his or her
tenure for one year thereafter. If a conflict or a potential or perceived conflict of interest is
to occur. the SUBRECIPIENT must contact the COUNTY to determine whether an
exception will be allowed as prescribed by the applicable federal regulations.
13 E. Limited English Proficiency — Persons who, as a result of national origin, do not speak
English as their primary language and who have limited ability to speak, read, write, or
understand English ("limited English proficient persons" or "LEP persons") may be
entitled to language assistance under Title VI of the Civil Rights Act of 1964 (Title VI)in
order to receive a particular service, benefit,or encounter. in accordance with Title Vi and
its implementing regulations, SUBRECIPIENT agrees to take reasonable steps to ensure
meaningful access to activities funded with HUD Funds by LEP persons. Any of the
following actions could constitute "reasonable steps," depending on the circumstances:
acquiring translators to translate vital documents; advertisements or notices; acquiring
interpreters for face-to-face interviews with LEP persons; placing advertisements and
notices in newspapers that serve LEP persons; partnering with other organizations that
serve LEP populations to provide interpretation, translation, or dissemination of
information regarding the project; hiring bilingual employees or volunteers for outreach
and intake activities;contracting with a telephone line interpreter service;etc.
E.F. Build America, Buy America— SUBRECIPIENT must comply with the requirements of
the Build America, Buy America(BABA)Act,41 USC 8301 note,and all applicable rules
RENAISSANCE HALL SENIOR LIVING,L.LLP
CD23-03 Page 3
Project Name Pre-development Project Costs I
16D 3
and notices, as may be amended, if applicable to the SUBRECIPIENT's infrastructure
project. Pursuant to HUD's Notice,"Public Interest Phased Implementation Waiver for FY
2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of
HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or
after the applicable listed effective dates, are subject to BABA requirements, unless
excepted by a waiver. All infrastructure project contracts and subcontracts must contain
Buy America Preference (BAP) compliance requirements for product and material
purchases, the requirement to maintain records that verify compliance with the BAP, and
that any project-specific waiver be approved prior to purchasing products or materials not
produced in the U.S.
If BABA is applicable to this Agreement, SUBRECIPIENT shall maintain a BABA
construction checklist, product certification letter(s), and other supporting documentation
or BABA waiver,as applicable,and provide such documentation, as requested by CHS.
G. Use of Real Property - The property acquired or improved in part using CDBG funds in
excess of$25,000 applies from the date CDBG funds are first spent for the property until
five years after the closeout of the County's participation in the entitlement CDBG
program, in accordance with 24 CFR 570.505.i
1.2 PROJECT DETAILS
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Insurance ;Exhibit A - Insurance Certificate lWithin 30 days following
Agreement execution and
annually within thirty (30)days
of renewal
Special Grant Condition Policies ;Policies as stated in this !Within sixty(60)days following
(Section 1.1) Agreement Agreement execution
Detailed Project Schedule 'Project Schedule Within sixty(60)days following
Agreement execution
Project Plans and Specifications Site Plans and Specifications ;Prior to construction
procurement
Draft Procurement Documents !Independent Cost Estimate ;Within 90 days following
(Bid Packet)* (ICE), Method of Procurement Agreement execution
(MOP), Bid Advertisement,
Solicitation Packet,and Conflict
of Interest,No Enemy Contract,
Trafficking,and Whistleblower
Forms.
Subcontractor Log Subcontractor Lo• ! N/A
Quarterly Progress Report Exhibit C 1) Quarterly reports with 10
days following the quarter
end.
RI\AISSANCE HALL SENIOR LIVING,LLLP
CD23-03 Page 4
Project Name.Pre-development Project Costs
16D 3
2) Final report upon submission
of the final pay request in
Neighborly.
Annually after closeout.
Section 3 Report N/A i N/A
Fair Housing Calls Report Fair Housing Call Log { Quarterly,the 10'day following
the end of the quarter
Complaint Logs Incident Log Quarterly within 10 days
following the end of the quarter
Collier County Inventory Form Exhibit G (Annually, within 60 days after
FY end
Leverage Funds Report Exhibit C-1 11)Quarterly,within 10 days
following quarter end.
2)Final report upon submission
of the final pay request in
Neighborly.
Davis-Bacon Act Certified N/A N/A
Payroll
Annual Audit Monitoring Exhibit E iAnnually, within 60 days after
Report FY end
Financial and Compliance Audit Audit,Management Letter,and Annually: nine(9)months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Continued Use Certification (Continued Use Affidavit, if Annually,for five(5)years after
applicable Project Closeout
Capital Needs Assessment Plan N/A N/A
Program Income Reuse Plan Plan Approved by the COUNTY N/A
Conflict of Interest Form 1Subrecipient/Developer/Vendor ;Upon execution of the
Conflict of Interest Disclosure agreement for all employees
Form who work on activities
associated with the grant and
upon hiring of all new
employees
Whistleblower Protections Exhibit H Upon execution of the
Affidavit agreement for all employees
who work on activities
associated with the grant and
upon hiring of all new
employees
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03 Page 5
Project Name Pre-development Project Costs
16D 3
PART II
GRANT CONTROL
REQUIREMENTS
2.2 RECORDS AND DOCUMENTATION
1. SUBRECIPIENT shall take reasonable cybersecuritV and other measures to safeguard
information including protected personally identifiable information (P11) and other types
of information in accordance with 2 CFR 200.303(e).This includes information that HUD
or the COUNTY designates as sensitive, or other information the COUNTY considers
sensitive and is consistent with applicable Federal. State,and Local laves regardingprivacy
and responsibility over confidentiality.
fJ. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records that are free from
public records disclosure requirements are not disclosed, except as authorized by 2 CFR
200.337 and 2 CFR 200.338.
Remainder of Page Intentionally Left Blank
[RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03 Page 6
Project Name.Pre-development Project Costs
16D 3
PART III
TERMS AND CONDITIONS
3.19 AFFIRMATIVE ACTION
SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program
pursuant to the COUNTY'S specifications,in keeping with theprinciples as provided in President's
Executive Order 11246 of September 24, 1966. Prior to the award of Funds,SUBRECIPIENT shall
submit to the COUNTY for approval a plan for its Affirmative Action Program, if federal
thresholds are met.The Affirmative Action Program must be updated throughout the continued use
period and submitted to the COUNTY within 60 days of an update/modification.
LII3RECIPIENT's contracting officer rill send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, anotice
advising the labor union or worker's representative of SUBRECIPIENT's commitments hereunder
and shall post copies of the notice in conspicuous places available to all employees and applicants
for employment.
3 11-9 3,20 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement;and that SUBRECIPIENT shall not employ or subcontract
with any person having any conflict of interest.The SUBRECIPIENT covenants that it will comply
with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and
County statutes, regulations, ordinances, or resolutions governing conflicts of interest. All
SUBRECIPIENT'employees who work on activities associated w ith this Agreement shall complete
the Subrecipient/Developer/Vendor Conflict of Interest Disclosure Form prior to execution of this
Agreement. Anv employees hired later during the period of per_formance for this Agreement who
will work on activities associated with this Agreement shall also complete and submit to the
COUNTY the Conflict of Interest Disclosure Form.
SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval, prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT'S ability to self-manage the projects using its own employees.
SUBRECIPIENT shall establish Conflict of Interest reporting requirements for its board members
and staff to report their participation as a beneficiary in the program supported by this Agreement.
Such reporting shall also incorporate reporting the participation of their family members who
include a spouse or civil union partner, member of the same household, parent(including step-and
RENAISSANCE HALL SENIOR LIVING,LLLP
CU23-03 Page 7
Project Name Pre-development Project Costs
16D 2
in-law)grandparent (including step- and in-law), child (including step-) or grandchild (including
step-),sibling(including step-and in-law),cousin, aunt,or uncle.
Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors
shall be disclosed to CLIS in writing, provided however, that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low- and moderate-income
residents of the project target area.
3.20.21 BYRD ANTI-LOBBYING AMENDMENT
The COUNTY and SUBRECIPIENT certify that it will not. and has not, used Federally
appropriated Funds to pay any person or organization for influencing or attempting to influence the
award of Federal Funds, as covered by 31 USC 1352, and more fully described in Section 4.54 of
this Agreement. Contractors who apply or bid for an award of$100,000 or more shall file the
required certification.
3.21 3.22 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG Funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j).
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment and will not
limit employment or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG Funds to support any inherently
religious activities,such as worship, religious instruction, or proselytizing.
D. It shall not use Funds for the acquisition,construction, or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is
used for both eligible and inherently religious activities,CDBG Funds may not exceed the
cost of those portions of the acquisition,construction,or rehabilitation that are attributable
to eligible activities, in accordance with the cost accounting requirements applicable to
CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded
religious congregation uses as its principal place of worship, however, are ineligible for
CDBG funded improvements.
'RENAISSANCE HALL SENIOR LIVING,t.LLP
CD23-03 Page 8
Project Name:Pre-development Project Costs
16D 3
3.22-3.23 INCIDENT REPORTING
If SUBRECIPIENT provides services to clients under this Agreement. SUBRECIPENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled person to the COUNTY.
During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing,
within one business day of occurrence,any substantial,controversial,or newsworthy incidents.The
Collier County Incident Report Form (Exhibit F)shall be used to report all such incidents.
3.24 DUPLICATION OF EFFORT
SUBRECIPIENT certifies that costs for work to be performed under this Agreement and any
subcontract do not duplicate any costs charged against any other contract, subcontract, or other
source, in accordance with 48 CFR 1331.2(15-70. SUBRECIPENT agrees to advise the COUNTY
in ‘oriting of any other contract or subcontract it has pertbrmed or is performing which involves
work directly related to the purpose of this Agreement.
3 33.25 SEVERABILITY
Should any provision of this Agreement be determined unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part thereof.
3 43.26 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data, reports, and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SUBRECIPIENT.
SUBRECIPIENT understands that client information collected under this Agreement is private and
the use or disclosure of such information, when not directly connected with the administration of
the COUNTY'S or SUBRECIPIENT's responsibilities with respect to services provided under this
Agreement, is prohibited unless written consent is obtained from such person receiving service and,
in case of a minor,that of a responsible parent/guardian.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement
and its governing body has authorized the execution and acceptance of this Agreement.
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind SUBRECIPIENT to the terms of this Agreement.
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
RI \AISSANCE HALL SENIOR LIVING,LLLP
CD23-03 Page 9
Project Name Pre-development Project Costs
16D 3
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida, without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations,all applicable Federal, State,and Municipal laws,ordinances, regulations,orders,and
guidelines, including but not limited to any applicable regulations issued by the COUNTY.
Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
3453.27 WAIVER
The COUNTY'S failure to act with respect to a breach by SUI3RECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
Remainder of Page Intentionally Left Blank
tENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03 Page 10
Project Name,Pre-development Project Costs
16D 3
PART IV
GENERAL PROVISIONS
4.12 SUBRECIPIENT must comply with the requirements of the Build America,Buy America(BABA)
Act, P.l.. 117-58 and 41 USC Chapter 8301 note-Buy American, and all applicable rules and
notices,as may be amended, if applicable to the SUBRECIPIENT's infrastructure project. Pursuant
to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build
America, Buy America Provisions as Applied to Recipients of the HUD Federal Financial
Assistance"(88 FR 17001),any funds obligated by HUD on or after the applicable listed effective
dates,are subject to BABA requirements, unless excepted by a waiver.
baps://uscode.house.gov view.xhtml'?path=�pre lim'u title4l/subtitle-1'chapter83&edition=prelim
If the public infrastructure project must comply with BABA,all contracts,purchase orders,requests
for proposals. and all other relevant procurement and bid documents may include the following
sample language:
"Pursuant to the Build America, Buy America Act (BABA), enacted as part of the Infrastructure
Investment and Jobs Act (IIJA). Pub. L. 117-58, 41 U.S.C. 8301 note, the Federal Financial
Assistance used to fund this infrastructure project is required to apply a domestic content
procurement preference(the"Buy America Preference" or"BAP") for all construction,alteration,
maintenance,or repair of infrastructure, including building and real property,unless application of
the BAP has been waived by HUD. Additional details on fulfilling the BABA requirements can be
found at https://www.hud.gov/baba."
4.124.13 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
https://wWVk.gpo.gov/tdsys/pkg/CFR-2007-title24-N ol3/t,df/CFR-2007-title24-vol3-sec570-
602.pdf
4.14 Executive Order 11246 ("Equal Employment Opportunity"). as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-1 1246/as-amended
EO 11375 and 12086: see item below.
4.15 Title VII of the 1968 Civil RiLthts Act as amended by the Equal Employment Opportunity Act of
1972. 42 USC §_2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for
employees_placedby or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission
(eeoc.gov)
434.16 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall he a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT'S Subrecipients and
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03 Page I 1
Project Name',Pre-development Project Costs
/ 6D - 3
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT'S subrecipients and subcontractors. their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires,
to the greatest extent feasible,opportunities for training and employment be given to low-and very
low-income residents of the project area,and that contracts for work in connection with the project
be awarded to business concerns that provide economic opportunities for low-and very low-income
persons residing in the metropolitan area in which the project is located."
Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers
and 5 percent of the total labor hours must he worked hv Targeted Section 3 worker.~. If
SUBRECIPIENT is unable to meet these benchmarks,efforts taken to meet the requirements
must be described. Examples include holding job fairs. conducting on-the-job training.
outreach efforts to public housing residents,and connecting residents to supportive services.
SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising
in connection with a housing rehabilitation(including reduction and abatement of lead-based paint
hazards),housing construction,or other public construction project are given to low-and very low-
income persons residing within the metropolitan area in which the CDBG-Funded project is
located; where feasible, priority should be given to low-and very low-income persons within the
service area of the project or the neighborhood in which the project is located,and to low-and very
low-income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project to business concerns that
provide economic opportunities for low- and very low-income persons residing within the
metropolitan area in which the CDBG-Funded project is located;where feasible, priority should be
given to business concerns that provide economic opportunities to low- and very low-income
residents within the service area or the neighborhood in which the project is located, and to low-
and very low-income participants in other HUD programs.
https:Uwww.hud.gov/sites/documents/DOC 12047.PDF
https://www.ecfr.gov/current/title-24/subtitle-A/part-75
Ittps://www.govinfo.gov/contentipkuF R-2020-09-29/pdf/2020-1918 .pdf
SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
https://www.ecfr.gov/current/title-24/subtitle-A/part-75
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4.144.17 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the
prior written consent of the COUNTY thereto; provided,however,that claims for money due or to
become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank,trust
company, or other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to CHS.
4454.18 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107,and 12086.
Age Discrimination Act of 1975
w.govinfo.gov!content/pkg/USCODE-1996-title42/pdf/USCODE-1996-ti tic-12-
chap76.pdf
11246: https://www.dol.gov/ofccp/regs/statutes/eo 11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/I 1478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.htm I
4464.19 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4A-74.20 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart
K.
Section 504: https://www.hud.gov/sites/dfiles/documents/504compliance.pdf
29 USC 776: https: '��‘1 w.govinfo.gov/content/pkg/USCODE-20I0-title29/html/USCODE-2010-
title29-chap 16.htm
24 CFR 570.614: https:!/www.ecfr.gov%current/title-24/subtitle-B/chapter-V/subchapter-C/part-
570/subpart-K?toc=1
4484.21 The Americans with Disabilities Act of 1990:
https://www.hug.gov/program offices/fair housing equal opp
Americans with Disabilities Act of 1990,As Amended I ADA.up�
4494.22 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
https://w ww.govinfo.c,ov/content/pkg/FR-2005-0I-04/pdf/05-6.pdf
484.23 29 CFR Parts 3 and 5- Regulations that prescribe the payment of prevailing wages and the
use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in
all construction contracts funded by CDBG.
Davis-Bacon Act: 40 USC 276a to 40 USC 276a-5
-https: www.govinfo.gov/content/pkg/USCODE-200I-title40/pdf/USCODE-2001-tit1e40-chap3-
sec276a.pdf
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29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part, by Loans or Grants from the United States
https://www.ecfr.gov/current/title-29/subtitle-A/part-3
29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://vvww.ecfr.gov/current/title-29/subtitle-A/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.ohp?pid=23675
44.24 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENT agrees to
comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its
contractors, or subcontractors from inducing an employee to relinquish any part of his/her
compensation, under the federally-funded contract.
18 U.S.C. 874 https://www.acquisition.gov/far/22.403-2
40 U.S.C. 276c: https://uscode.house.eov/view.xhtml?req=granuleid,USC-1999-title40-
section276c&num=0&edition=1999
4.224.25 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 79-45 - which prescribes goal percentages for participation of minority businesses in
Community Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/cod i fication/executive-order/1 1625.html
4434.26 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www,ecfr.gov/cgi-bin/text-
idx?SID=9eae3t8eaa99I f0411138 3b74003bchl&mc=true&node=pt241.3,570&rs n—div5#se24.3_.
70 1607
E.O. 13279: https://www.govinfo gov/content/pke/WCPD-2002-12-16/pdf/WCPD-2002-12-1h-
P 21 56.pdf
444.27 Public Law 100-430-the Fair Housing Amendments Act of 1988.
STATUTE-102-Pg1619.pdf(govinfo.gov)
42.4.28 2 CFR 200 et seq- Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
httns:i,w%\wv..ecfr.go\ current.title-2/subtitle-A_`chapter-1t!part-200
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4 64.29 2 CFR 200.15 Never contract with the enemy. Federal agencies, recipients, and
subrecipients are subject to the guidance implementing Never Contract with the Enemy in 2 CFR
part 183.
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-11 fpart-200/subpart-C/section-200.2 15
https://www.ec fr.gov/current/title-2/subtitle-A/chapter-I/part-183
4 4.30 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance
services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or
expending loan or grant funds to: 1) procure or obtain; 2)extend or renew a contract to procure or
obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment,
services, or systems that use(s)covered telecommunications equipment or services as a substantial
component of any system,or as critical technology as part of any system.
https://www.ecfr.g y!current/title-2/subtitle-A/chapter-Il/part-200/subpart-C
4,284.31 Immigration Reform and Control Act of 1986
S.1200-99th Congress(1985-1986)_Immigration Reform and Control Act of 1986.
Congress.gov I Library of Congress
4.294.32 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. http,,: \v‘\\\yzo‘info.gov't.ontenthl.gl:SC'OD
2010-title42/html/USCODE-2010-title42-chap85.htm
b. Federal Water Pollution Control Act,Title 33 Chapter 26 1251,et seq., as amended.
https://www.govinfo.gov/app/details/USCODE-2011-title33/USCODE-2011-title33-
chap26-subchapl-sec1251
410 4.33 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located
in an area identified by FEMA as having special flood hazards,flood insurance under the National
Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment
(LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the
cost of said flood insurance.
42 USC 4002: www.govinfo.gov/app/details/USCODE-2010-title42/USCODE-2010-title42-
chap50-sec4002
4 4.34 24 CFR 570.605 Subpart K https://www.ecfrgov/current/title-24/subtitle-B/chapter-
V/subchapter-C/part-570/subpart-K/section-570.605
SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K.
Imps://w‘Aw.eclr.4ov;current,title-24,suhtitle-B chapter-Visubchapter-Crpart-570;subpart-
K/section-570.608
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442 4.35 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470)and the procedures
set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection
of Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.achp.gov/sites/default/files/regulations/20I 7-02/regs-rev0441d1
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State. or Local historic property list.
4:34 4.36 SUBRECIPIENT must certify that it will provide drug-free workplaces,in accordance with
the Drug-Free Workplace Act of 1988(41 USC 701).
htts://www.gpo.eov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title4I-chap 10-
sec701
4444.37 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation
in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
24CFR 570.609, Subpart K: https://www.ecfr.gov/current/title-24/subtitle-B/chapter-
V/subchapter-C/part-570/subpart-K
www.archives.govifederal-register/codification/executive-order/12549.html
4454.38 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable and agrees to adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all costs incurred.
These requirements are enumerated in 2 CFR 200,et seq.
4.3.64.39 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall
be submitted to the COUNTY nine (9)months after the end of the SUBRECIPIENT'S fiscal year.
The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year.Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report.
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout. eCFR :: 2 CFR Part 200 Subpart F-- Audit Requirements
4474.40 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the
projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
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whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c
governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d)
of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation
policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by
24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition,rehabilitation,demolition,
or conversion for a CDBG assisted project.SUBRECIPIENT also agrees to comply with applicable
COUNTY ordinances, resolutions,and policies concerning the displacement of persons from their
residences.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol 1/CFR-1999-title49-vol 1-sec24-1_0l
https://www.govinfozov/app/detai Is/CFR-20 12-title24-vo13/CFR-2012-title24-vo13-sec570-505
httt�s:r 1k.ecfr.go‘'currenthitle-2-I:subtitle-B/chapter-V/subchapter-C/part-570/suapiirt-
K/section-570.606
4,384.41 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,
or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying', in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
414.42 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel. SUB RECIPIENT shall obtain written approval from
CHS for any outside travel outside the metropolitan area with funds provided under this Agreement.
https://www.gsa.gov/portal/content/104877
4.43 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https:•'w««.t.govregs.com/regulations/expand/title24_part5_subpartA section5.106
4404.44 Housing Counseling, including homeownership counseling or rental housing counseling,
as defined in §5.100, required under or provided in connection with any program administered by
HUD shall be provided only by organizations and counselors certified by the Secretary under 24
CFR part 214 to provide housing counseling,consistent with 12 U.S.C. 1701x, per 24 CFR 5.1 1 1.
eCFR: 24 CFR Part 214 Subpart D-- Program Administration
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https://www.law.cornell.edu/cfr/text/24/5.1 1 I
4: 4.45 HUD Final Rule — implementation of the Violence Against Women Reauthorization Act
of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and
stalking. regardless of sex, gender identity, or sexual orientation, and which must be applied
consistent with all nondiscrimination and fair housing requirements.
https:i/w,ww.federalregister.govidocuments/20I(V I III6:21)I6-25888/violence-against-women-
reauthorization-act-of-2013-implementation-i n-hud-housi ng-programs
4:414.46 Any rule or regulation determined to be applicable by HUD.
4:44 4.47 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www.lep.gov.
4:444.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities. The
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://oip.gov/about/ocr/partncrships.htm. Discrimination on the basis of religion in employment
is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on
a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking
into account religion when hiring staff.Questions in this regard should be directed to the Office for
Civil Rights.
A. Organizations that are religious or faith-based are eligible, on the same basis as any other
organization,to participate in CDBG.
B. The SUBRECIPIENT may not engage in inherently religious activities, such as worship.
religious instruction,or proselvtization as part of the programs or se:A ices funded under CDBG.
if the SUBRECIPIENT conducts such activities, the activities must be offered separately, in
time or location, from the programs or services funded under C'DBCU,and participation must he
voluntary for the program participants.
C. A religious Subrecipient that receives CDBG funding will retain its independence from
Federal,State,and local governments,and may continue to carp out its mission, including the
definition,practice. and expression of its religious beliefs. provided that it does not use direct
CDBG funds to support any inherently religious activities. such as worship, religious
instruction,or proselytization.Among other things, faith-based Subrecipients may use space in
their facilities to provide CDBG funded services. without removing religious art. icons.
scriptures, or other religious symbols. In addition,a Subrecipient retains its authority over its
internal governance,and it may retain religious terms in its name. select its board members on
a religious basis,and include religious references in its mission statements and other governing
documents.
D. The Subrecipient that participates in CDBG shall not. in providing program assistance.
discriminate against a program participant or prospective program participant on the basis of
religion or religious belief.
E. if the SUBRECIPIENT voluntarily contributes its own funds to supplement federally funded
activities, the SUBRECIPIENT has the option to segregate the federal funds or commingle
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them. However, if the funds are comingled, the requirements listed above apply to all of the
commingled funds.
4.154.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction
records in the employment context. except when specifically authorized. SUBRECIPIENT agrees
to avoid the misuse of arrest or conviction records to screen applicants for employment or
employees for retention or promotion that may have a disparate impact based on race or national
origin, resulting in unlawful employment discrimination unless use is otherwise specifically
authorized by law. See https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more
detai Is.
4.444.50 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use
and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress. or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award or
subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal
funds that takes place in connection with obtaining any federal award or subaward. Such
disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply
with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii)
ensure that its officers, employees and its subcontractors hereunder comply with all applicable
local, state, and federal laws and regulations governing advocacy of and appearances before any
legislative body. None of the funds provided under this Agreement shall be used for publicity or
propaganda purposes designed to support or defeat any legislation pending before local, state, or
federal legislatures.
31 U.S.C. 1352 - Limitation on use of appropriated funds to influence certain Federal contracting
and financial transactions - Document in Context - USCODE-2010-title31-subtitlell-chapl3-
subchaplll-sec1352(govinfo.gov)
31 U.S. Code § 1352 - Limitation on use of appropriated funds to influence certain Federal
contracting and financial transactions I U.S. Code I US La‘‘ I LII / Legal Information Institute
(cornell.edu)
44.51 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to
COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee,
subcontractor, or other person has either(i)submitted a false claim for grant funds under the False
Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of
interest, bribery, gratuity,or similar misconduct involving subaward agreement funds
18 U.S.Code§ 1001 -Statements or entries generally U.S.Code I US Lim I LII!Legal Information
Institute(cornell.edu)
Beneficiaries are subject to this False Claims Act that include the following:3 I U.S.C.3729-False
claims - Document in Context - USCODE-2010-title31-subtitlelIl-chap37-subchanl11-sec3729
(govinfo.gov)
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31 U.S. Code § 3729 - False claims I U.S. Code j US Law I LII / Legal Information Institute
(cornell.edu)
4:484.52 Political Activities Prohibited: None of the Funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any Funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
1.194.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing
Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
Executive Order 13513 --Federal Leadership on Reducing Text Messaging Vt hile Driving
whitehouse.gov(archives.gov)
434)4.54 Trafficking in Persons: SUBRECIP1ENT agrees to,at any tier,comply with all applicable
requirements(including requirements to report allegations)pertaining to prohibited conduct related
to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of
SUBRECIPIENT. The details of SUBRECIPIENT'S obligations related to prohibited conduct
related to the trafficking of persons are posted at:
https:i/ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
eCFR :: Appendix A to Part 175, Title 2-- Award Term
Pursuant to Florida Statues 787.06, SUBRECIPIENT attests that it does not use coercion for labor
or services. SUBRECIPIENT shall provide an affidavit, under penalt\ of perjury. signed by an
• officer or representative of the organization attesting that it does not use coercion for labor services.
http://w ww.leg.statc.fl.us/Statutes/indc.\.c fm?Aop mode=DisplaN Statute&URI.=0700-
0799/0787/Sections/0787.06.html
4,544.55 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT
understands and acknowledges that it cannot use any Federal Funds,either directly or indirectly,in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of OJP.
4.524.56 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work under this funding agreement, SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,"
and any implementing regulations issued by HUD.
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https://www.ecfrgov/cgi-
hin/retrieveECFR?gp=&SID=a004b6hf209 lacc7a717de761 dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
4.534.57 Prohibition of Gifts to COUNTY Employees-No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05,as amended,and County Administrative Procedure 5311.
Florida Statutes-
https:/Iwww.lawserver.com/law/state/lloridatstatutes'llorida statutes chapter 112 part iii
Other possible site:
http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&U RL=0100-
0199/01 12/01 12Partl l I Contentslndex.htm I&StatuteYear=2021&Title=%2D%3 E2021%2D%3 EC
hapter%201 12%2 D%3 EPart%201 I 1
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4344.58 Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms of all
other Contract Documents, except that the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents
cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the
conflict shall be resolved by imposing the more strict or costly obligation under the Contract
Documents upon the Contractor at Owner's discretion.
4 SM.59 Venue - Any suit of action brought by either party to this Agreement against the other
party, relating to or arising out of this Agreement, must be brought in the appropriate federal or
state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No
reference required for this item).
4464.60 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or
mediation shall be attended by representatives of SUBRECIPIENT with full decision-making
authority and by COUNTY'S staff person who would make the presentation of any settlement
reached during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement,
the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit
Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102,Florida Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier
County, Florida, if in state court;and the US District Court,Middle District of Florida,if in federal
court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE
SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
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TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS
AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012l44.102
4474.61 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT- certifies that it, its affiliates, suppliers,
subcontractors,and consultants who will perform hereunder,have not been placed on the convicted
vendor list maintained by the State of Florida Department of Management Services within the 36
months immediately preceding the date hereof.
This notice is required by § 287.133 (3)(a),Florida Statutes.
http://www.leg.state.il.us/Statutes/index.cfm?App mode=l)isplav Statute&Search String-&UR
L=0200-0299/0287/Sections/0287.133.html
4.53 4.62 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3),
all Florida private employers are required to verify employment eligibility for all new hires
beginning January 1,2021.Eligibility determination is not required for continuing employees hired
prior to January 1, 2021.
http://www.1c statc.11 us/statutesiindex.c fin?App mode=DisplaN Statute&tIRI -0-100-
0499/0448/0448.html
For purposes of satisfying the requirement of this condition regarding verification of employment
eligibility, the SUBRECIPIENT shall participate in, and use, E-Verify (www.e-verifv.gov),
provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses
E-Verify(and follows the proper E-Verify procedures, including in the event of a"Tentative Non-
confirmation"or a"Final Non-confirmation")to confirm employment eligibility for each hiring for
a position in the United States that is or will be funded(in whole or in part)with award funds.
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit
the E-Verify website (httos://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-
Verify employer agents can email E-Verify at E-VerifyEmployerAgentndhs.gov.
4494.63 Florida Statutes section 713.20, Part 1,Construction Liens
Statutes&Constitution :View Statutes : Online Sunshine(state.fl.us)
4:604.64 Florida Statutes section 119.021 Records Retention
Statutes&Constitution :View Statutes : Online Sunshine(state.fl.us)
44.65 Florida Statutes section 119.071,Contracts and Public Records
http://ww w.leg.state.tl.us/Statutes/index.cfm?App mode=Displav Statute&I JRI.=0100-
0199/01 19/Sections/0119.071.html
4:62-4.66 OSHA. Where SUBRECIPIENT employees are engaged in activities not covered under
the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work,
be trained, or receive services in buildings or surroundings or under working conditions which are
unsanitary, hazardous,or dangerous to the participant's health or safety.
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03 Page 22
Project Name Pre-development Project Costs
16D 3
“34,67 Right to Know. Participants employed or trained for inherently dangerous occupations,
e.g., fire or police jobs, shall be assigned to work in accordance with reasonable safety practices.
The SUBRECIPIENT will comply with all applicable"Right to Know"Acts.
4444.68 Whistleblower Protections:
a. In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712. the SUBRECIPIENT may not
discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing
to any of the list of persons or entities provided below, information that the employee
reasonably believes is evidence of gross mismanagement of a federal contract or grant, a
gross waste of federal funds, art abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of a
contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General:
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury;or
vii. A management official or other employee of Recipient, contractor, or subcontractor
who has the responsibility to investigate. discover, or address misconduct.
The SUBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies
provided under 2 CFR 200.217 and 41 U.S.C. & 4712, in the predominant native language of the
workforce.
https: uscode.house.gov/view.xhtml:'req-(title:-(%20section:-1712%20edition:prelim)
All SUBRECIPIENT employees directly involved with activities associated with this Agreemeit
shall complete and submit to the COUNTY the Collier County Whistleblower Protections
Certification form (Exhibit 11) prior to execution of this Agreement. An new employees hired
during the period of performance of this Agreement shall also complete and submit the form to the
COUNTY.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between COUNTY and
SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY
and SUBRECIPIENT with respect to this Agreement.
(Signature Page to Follow)
RENAISSANCE HALL SENIOR LIVING,LLLP
CD23-03 Page 23
Protect Name. Pre-development Project Costs
16D 3
IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY,have each respectively,by an authorized
person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: . l' AS TO COUNTY:
CRYSTAL yI : IMZEI. CLERK
BOARD OF COUNTY COMMISSIONERS
x:.A COLLIER COUNTY, FLORIDA
,,,,besisirmaii.i;_,."In,tey rk By: . ��
9 oily ' U T L. SAUN E S,CHAIRPERSON,
Dated: U Q. I D
(SEAL Date: /io/z5
AS TO SUBRECIPIENT:
WITNESSES: RENAISSASNCE HALL SENIOR LIVING, LLLP
Witness#1 Signature
By:
(
----Vc-)410‘aa V.auies EVE KI K, PRESIDENT
Witness#1 Printed Name p
t55�S .Su) 3344411 &I"• 141MesctsikiLFL Date: / /J/25itness#1 Physical,,T,,,
Address
[Please provide evidence of signing authority]
Witness# Signature
0 r&\Q QYY11 1'e t.
' 1
Witness#2 Printed Name
s.13'* N . 13.1 S. tkii4tc ,FL
Witness#2 Ph sical Address
Appro d t rm a legality:
Jeffrey a ow,
County orne
Date: G v S
RENAISSANCE HALL SENIOR LIVING.LLLP
CD23-03 Page 24
Project Name:Pre-development Project Costs
PART V
EXHIBITS
EXHIBIT iH
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
WHISTLEBLOWER PROTECTIONS AFFIDAVIT
SUBRECIPIENT Name:
SUBRECIPIENT Address:
Project Name
Project No:
•
In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712, SUBRECIPIENT may not discharge.
demote. or otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities_ provided below. information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds. an
abuse of authority relating to a federal contract or grants,a substantial and specific danger to public
health or safety,or a violation of law, rule,or regulation related to a federal contract (including the
competition for or negotiation of a contract)or grant.
The list of persons and entities referenced in the paragraph above includes the following:
• A member of Congress or a representative of a committee of Congress
• An Inspector General
• The Government Accountability Office
• A Treasury employee responsible for contract or grant oversight or management
• An authorized official of the Department of Justice or other law enforcement agency
• A court or grand jury
• A management official or other employee of SUBRECIPIENT, contractor, or
subcontractor who has the responsibility to investigate, discover, or address misconduct
SUBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies
provided under section 41 U.S.C. § 4712, in the predominant native language of the workforce.
BN signing this affidavit, I certif\ that Subrecipient Name will comply with all Whistleblower
rights and protections for its employees.
Name:
Signature:
Title:
Your typed name here represents your electronic signature