Backup Documents 08/26/2025 Item #16D 4 16D 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 are 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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Wendy Klopf Community and Human irk 08/26/2025
Services
2. County Attorney County Attorney Office 66D g/26 ' -
3. BCC Office Board of County
Commissioners BS b,/ ki '/2 6
4. Minutes & Records Clerk of Court's Office
()%1-1 4/ 7/ €
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 Wendy Klopf/CHS Phone Number 252-2901
Contact/ Depai latent
Agenda Date Item was 08/26/2025 Agenda Item Number 16D4
Approved by the BCC
Type of Document Amendment 2 Immokalee Fair Housing Number of Original 1
Attached Documents Attached
PO number or account NA
number if document is
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? WK
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be WK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the WK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's WK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
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!
8. The document was approved by the BCC on 08/26/2025 and all changes made WK
during the meeting have been incorporated in the attached document. The County !'!!
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the WK
BCC,all changes directed by the BCC have been made, and the document is ready for the ;t>ik,
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised I.26.05,Revised 2.24.05;Revised 11/30/12
16D 4
Grant - SHIP FY 2022-2023 & 2023-2024
Agreement#: SHRD-23-0I
Activity: Rental Development
SPONSOR: Immokalee Fair Housing
Alliance, Inc.
CSFA #: 40.901
Total Award Amount: $1,000,000.00
FY22-23 $500,000 & FY23-24 $500,000
UEI #: L8VWFED3EEN7
FEIN: 83-3223257
Period of Performance: April 9,2024 July
I, 2022 to June 30, 2026
FISCAL YEAR: December 31st
MONITORING END: September 30, 2056
SECOND AMENDMENT BETWEEN COLLIER COUNTY
AND
IMMOKALEE FAIR HOUSING ALLIANCE, INC
Rental Development Program
THIS AMENDMENT is made and entered into this gi day of q'6/5 ,2025 , by
and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its
principal address as 3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Immokalee Fair
Housing Alliance, Inc. ("SPONSOR") a not-for-profit corporation existing under the laws of the State
of Florida, having its principal office 600 Sawgrass Bridge Road, Venice, FL 34292.
WHEREAS, the William E. Sadowski Affordable Housing Act adopted by the State of Florida
in 1992 provided a dedicated revenue source for affordable housing in Florida and created the State
Housing Initiatives Partnership (SHIP) Program; and
WHEREAS,the State Housing Initiatives Partnership Program is established in accordance with
sections 420.907-.9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and
WHEREAS,the COUNTY is a participant in the State Housing Initiatives Partnership Program;
and
WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is
undertaking certain activities to primarily benefit persons or households earning not greater than 50
percent of median annual income adjusted for family size; and
WHEREAS, the Fiscal Year 2022-2025 Local Housing Assistance Plan (LHAP), was adopted
by the Board of County Commissioners("Board")on April 26,2022,(Agenda Item#16.D.3),Resolution
No. 2022-68A, and later amended by technical revision on November 10, 2022, and amended by the
Board on July 23, 2024, (Agenda Item#16.D.3), Resolution No. 2024-137; and
WHEREAS, the Board thereafter approved technical revisions to the LHAP on January 28,
2025, (Agenda Item#16.D.2) and May 27, 2025, Agenda Item (#16.D.6); and
dlmmokalee Fair Housing Alliance,Inc
SH-1RD-23-01 Amendment 21
[2081 Corazon De La Comunidad Circle Bldg.8 I cAo
16D 4
WHEREAS,the COUNTY and SPONSOR desire to provide rental development, in accordance
with this Agreement and the aforementioned Local I-Iousing Assistance Plan; and
WHEREAS, the COUNTY desires to engage SPONSOR to implement such undertakings, as
specified in Exhibit B, and determines that they are valid and worthwhile County purposes; and
• WHEREAS, the Parties entered into an Agreement on April 23, 2024, whereby SPONSOR
agreed to provide services relating to land acquisition and/or construction of affordable residential rental
housing in accordance with the SHIP Program and Collier County LHAP Fiscal Year 2022-2025; and
WHEREAS, on February 25, 2025, (Agenda Item #16.D,6), the Board approved a First
Amendment to the Agreement adjusting the Period of Performance to align with the funding source and
budget and add retainage to the Payment Deliverable; and
WHEREAS,the Parties wish to enter into this Second Amendment to the Agreement to amend
the Period of Performance to allow for predevelopment costs associated with the project based on the
initial funding of the LHAP, add Whistleblower protection language, including a Whistleblower
Protections Certification as Exhibit H, and revise Part IV, General Provisions, to address current state
and federal regulatory changes; and
NOW,THEREFORE, in consideration of the mutual promises and covenants herein contained,
it is agreed by the Parties as follows:
Words eigh are deleted; Words Underlined are added
1.3 GRANTS AND SPECIAL CONDITIONS
B SPONSOR must submit the following resolutions and policies within sixty (60) days of
execution of this Agreement:
►/ Affidavit Regarding Labor and Services (Trafficking) Form
1.4 PROJECT DETAILS
A. Project Description/Budget
Description State Amount
Project Component 1: New Construction of Residential Rental $1,000,000.00
Units, including all associated predevelopment costs
Total State Funds $1,000,000.00
C. Performance Deliverables
Illmmokalee Fair Housing Alliance, Inc
SH-IRD-23-01 Amendment 4 2
12081 Corazon De La Comunidad Circle Bldg.8 CAO
16D 4
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.
1.5 PERIOD OF PERFORMANCE
SPONSOR services shall begin on April 9, 2024,July 1,2022, and end on June 30,2026
This Agreement must remain in effect throughout the development process of the Project and is
terminated upon completion of construction, and initial lease-up of all units. SPONSOR is
responsible for ongoing reporting, subject to onsite monitoring, tenant income qualification
activities, and continued use for an affordability period of 30 years. In any event, SPONSOR
must complete all services required hereunder prior to June 30, 2026. Any funds not obligated
by the expiration date of this Agreement shall automatically revert to the COUNTY.
D. Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Project Component I: SHIP Exhibit C along with invoice and Monthly, by the 30th of
Rental Development funds are proof of payment as evidenced by the month following
to be used for all related costs cancelled checks or bank the month of service.
to include but not limited to, all statements, and any other
development costs,to include documents as requested
but not limited to Concrete,
Stucco& Roof with associated
fees,permits, and construction
(labor and materials) for new
residential rental units.
Project Component 2: Exhibit C along with invoice and Monthly, by the 30th of
Predevelopment costs not proof of payment as evidenced by the month following
limited to permitting fees, cancelled checks or bank the month of service.
other fees associated with statements,and any other
construction. documents as requested
Project Component 3: NA
PART IV
GENERAL PROVISIONS
amended All th ul tions r rding the SHIP p
IjImmokalee Fair Housing Alliance,Inc
SH-1RD-23-01 Amendment 2) 3
[2081 Corazon De La Comunidad Circle Bldg.8
C AO
16D 4
http//w
04 99/0420/0'120.htm l
] t_tps://w, wf rut i .,te iCh to.H ?C>1 t, -67 37
44------Pair-HaUSing-.Ae4-(42- 6-0-1-20)-Reasonable-Aeeemmedations-Under---the.-Fair-Housing
Act.4 ttpsi'/wUlpbl.hud gov/ it-cs/docum *�rrcJ'DOC 7 T.DF
https://wtivw.justicc.gov/crt/fair housing act 1
Executive Order 11063 Equal Opportunity in Housing https://www.archives.govl4ederal
register/codification/executive order/11063.htm I
htt s,//www a.chives g vLfederal , •stow odificatian/executive order/12259.html
24 CFR Part 107 Non-Discrimination an`r Equal Orrortunit„ in Hoy. ' n , E n
https://www.law.cornell.edu/cfr/text/24/part 107
as amended https://www.hud.gov/programdescription/title6
4.3 Executive Order 112'I6 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 which establishes hiring goals for minorities and women on projects assisted
https://www.dol.gov/agencies/ofccp/executive order 11216/as amended
EO 11375 and 12086: see item 1/8 below
land to be inserted in the deed or lease of such transfer,
defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any
improvements erected or to be erected thereon, providing that the COUNTY and the United
States are beneficiaries of and entitled to enforce such covenants. SPONSOR, in undertaking-44s
obligation to carry out the program assisted hereunder, agrees to take such measures as arc
necessary to enforce such covenant, and-will-not-itself s discriminate
1972, 12 USC § 2000e, et. seq. SPONSOR will, in all solicitations or advertisements for
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 I U.S. Equal Employment Opportunity Commission
(eeoc.gov)
. • ,
due to SPONSOR 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.
41.7 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
Age Discrimination Act of 1975
dImmokalee Fair Housing Alliance,Inc !,
SH-{RD-23-01 Amendment 4
12081 Corazon De La Comunidad Circle Bldg. 8
16D 4
htt„s:/a,,,,,,,taw,, tt d r de/text/'12/chapter 76
-1-1-2461ittps4/-www,Eleklte44eopireggstat-utesiee-1-1-24-6,14rn
11375: Amended by EO 11 178
1_1478: httt,�:rr,,.,,,, t at t r dification/executive order/114178.htmi
12107. htt ;// oh-i ov/f t ter/ a
. Ys..,vro�w:a'' .,..s.6•..,••.•,e:a• :eg•s��=�c�u=fiyatian/exccutive order/12107.html
41.8 Immigration Reform and Control Act of 1986
S.1200 99th Congress (1985 1986): Immigration Reform and Control Act of 1986 f
Congress.gov I Library of Congress
1.9
,
when required the SPONSOR shall ensure that:
a. if the public--beae 'ov ded by th funds n ws dire tl., t,, „ natural ., on (i.c., nab-a-eerporation,
•
,
(ii) attach a photocopy of the front and back of one of the following forms of identification: a
military dependent's identification card; a United States Coast Guard Merchant Mariner
identification card; or a Native American tribal document.
4.10 b. If an individual applying for the benefits identified herein executes the affidavit stating that he/she is
federal systematic alien verification or entitlement program, known as the"SAVE Program,"operated by
the U.S. Department of Homeland Security or a successor program designated by said department. In the
event SPONSOR determines through such verification process that the individual is not an alien lawfully
• Ordinance No. 200d 05, as amended, and County Administrative Procedure 5311.
Florida Statutes
https://www.lawserve,•.comn stateif or;d.,r,tat„te r da_statutes—e-hapter_1 I2_part_iii
Collier County
http://www.co l l iergov.net/homelshowdocument?id-3513 7
41.11 Order of Precedence III 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
ever 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
upon the Contractor at Owner's discretion.
,
relating to or arising out of this Agreement, must be brought in the appropriate federal or state
dlrnmokalee Fair Housing Affiance,Inc
SH-iRD-23-0I Amendment 2) 5
208I Corazon De La Comunidad Circle Bldg.8
C 0
1 6D) 4
reference required for this item),
present in the United States, the SPONSOR shall not provide benefits to such individual with the
• COUNTY's funds.
4.13 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 2/I CFR 570.6111 Subpart K.
Section 501: https://www.epa.gov/ocr
•
• 29 USC 776: https://law.onccic.com/uscode/29/776.html
24 CFR-570 611: https://www iaw . elLedu/cfr/text/24/570.61'1
4.11 The Americans with Disabilities Act of 1-9-90:
https://www i,,,g g „rpr gra,-,., ffces/f it i ►
rraFrrr
Americans with Disabilities Act of 1990, As Amended 1 ADA.gov
records in the employment context, except when specifically authorized. SPONSOR agrees to
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
f for more
details;
4.16 False Claim; Criminal, or Civil Violation: SPONSOR must promptly refer to COUNTY any
,
(ii)committed a criminal or civil violation of laws pertaining to fraua, eonf iet o i tere^t,bribery,
gratuity, or similar misconduct involving subaward agreement funds
417 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
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.18
,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
4.t,�—D.ispute Resolution wrier--to the nitiatio of ction oceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
mediation shall b
and by C ehed
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 beforti an agreed upon Gireu t
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
in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE
IjImmokalee Fair Housing Alliance,Inc
SH!,RD-23-01 Amendment 2)1 6
12081 Corazon De La Comunidad Circle Bldg.8 1
CA
16D 4
SPONSOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
https.riwww 1-1senat( , „ir „ ic+ , t r2D12/nn 102
wort , ,
and consultants who wi14 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.
-his notice it ,• quire by R 287 1`�3 (3) (a) Fl rid., Stat t
— -n•7••••�•• ••.t `J " \`'/ \u/, x xvxxuu rxzati ciccu�
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode-Display_Statute&Search_String-&U
pr mn0 �t9/0287 Se ti nsim4�
Florida private employers--ale-required to ver en+ploym -eli-gibil-ityyy-fet,--a14-new hi
b ,
hired prior to January I, 2021.
http://www.leg.state.fl.us/statutes/index.cfm?App_mo -
04 9 9/0448/0448.ht m l
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 verify.gov),
E Verify (and follows the propei E Verify=p'ieeedures,inciluudinrg inrtheevent of a -Te tative
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
Verify employer agents can email E Verify at E VerifyEmployerAgent@dhs.gov.
dhs.gov.
4.22 Florida Statutes section 713.20, Part 1, Construction Liens
Statutes& Constitution :View Statutes : Online Sunshine (state.fl.us)
4.23 Florida Statutes section 119.021 Records Retention
Statutes& Constitution :View Statutes : Online Sunshine(state.fl.us)
4.21 Florid^ Statutes sect:o., i 19 071 Contracts a,,a nubli„ Records
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode-Display_Statute&URL-0100
0199/0119/Sections/O l 19.071.html
PART IV
dlmmokalee Fair Housing Alliance,Inc
SH4RD-23-0I Amendment 2), 7
12081 Corazon De La Comunidad Circle Bldg. 8 j
CAO
16D 4
GENERAL PROVISIONS
4.1 Florida Statues Chapter 420, Sections 420.907-420.9079 F.S., and Rule 67-37 Florida
Administrative Code as amended-All the regulations regarding the SHIP program
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Disp lay_Statute&URL=0400-
0499/0420/0420.html
https://www.flrules.org/gateway/ChapterHome.asp?Chapter=67-37
4.2 Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.html
Executive Order 11259- Leadership & Coordination of Fair Housing in Federal Programs
https J/www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107 -Non- Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968,
as amended https://www.hud.gov/programdescription/title6
4.3 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 1.1246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.4 In regard to the sale,lease,or other transfer of land acquired,cleared,or improved with assistance
provided under this Agreement, SPONSOR shall cause or require a covenant running with the
land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as
defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any
improvements erected or to be erected thereon, providing that the COUNTY and the United
States are beneficiaries of and entitled to enforce such covenants. SPONSOR, in undertaking its
obligation to carry out the program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant, and will not itself so discriminate.
4.5 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. SPONSOR will, in all solicitations or advertisements for
employees placed by or on behalf of SPONSOR, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 U.S. Equal Employment Opportunity Commission
(eeoc.gov)
4.6 SPONSOR 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 SPONSOR 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.
IlItnmokalee Fair Housing Alliance,Inc
SI-I.1ItD-23-01 Amendment 21 8
12081 Corazon De La Comunidad Circle Bldg,8
CAC)
1 6 D 4
4.7 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
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.htm1
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.8 Immigration Reform and Control Act of 1986
S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 j
Congress.gov I Library of Congress
4.9 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.10 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 j ADA.gov
4.11 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction
records in the employment context, except when specifically authorized. SPONSOR 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://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.12 False Claim; Criminal, or Civil Violation: SPONSOR 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
4.13 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.
4.14 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 III, Florida Statutes,Collier County Ethics
Ordinance No. 2004-05,as amended, and County Administrative Procedure 5311.
Immokalee.Fair Housing Alliance,Inc
SHIRD-23-01 Amendment 21 9
2081 Corazon De La Comunklad Circle Bldg.8
//�
�JF.R
16D 4
Florida Statutes-
https://www.Iawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.15 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-II/part-200/subpart-C/section-200.215
https J/www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-183
4.16 Foreign Countries of Concern Prohibition. It the SPONSOR has access to an individual's
Personal Identifying Information as defined in Rule 60A-1.020, F.A.C. and §501.171, F.S., the
SPONSOR and/or its subcontractors must complete an attestation (PUR 1355) as required by
§287.138, F.S. and Rule 60A-1.020, F.A.C. A violation by the SPONSOR or subcontractor shall
be grounds for consequences as provided in §287.138, F.S. Extensions and renewals are subject
to the requirement of§287.138, F.S.
4.17 Sudan, Iran, Cuba, Syria, and Israel Certifications. Where applicable, in compliance with
§287.135(5), F.S., the SPONSOR certifies that SPONSOR is not on the Scrutinized Companies
with Activities in Sudan List, or the Scrutinized Companies with Activities in Iran Terrorism
Sectors List, and it does not have business operations in Cuba or Syria, and is not participating
in a boycott of Israel.
4.18 Trafficking in Persons: The SPONSOR 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 SPONSOR and any employees of
the SPONSOR The details of the SPONSOR'S obligations related to prohibited conduct related
to the trafficking of persons are posted at
https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
eCFR :: Appendix A to Part 175,Title 2 -- Award Term
Pursuant to Florida Statues 787.06, SPONSOR attests that it does not use coercion for labor or
services. SPONSOR shall provide an affidavit, under penalty of perjury, signed by an officer or
representative of the organization attesting that it does not use coercion for labor services.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0787/Sections/0787.06.html
4.19 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.
dltnmokalee Fair Housing Alliance,Inc
SH4RD-23-01 Amendment 27 10
0081 Corazon De La Comunidad Circle Bldg.8
CAO
16D 4
4,20 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).
4.21 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 SPONSOR 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
SPONSOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4,22 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any
work in furtherance hereof,the SPONSOR 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.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&U
RL=0200-0299/0287/Sections/0287.133.html
4.23 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.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
For purposes of satisfying the requirement of this condition regarding verification of employment
eligibility, the SPONSOR shall participate in, and use, E-Verify (www,e-verify.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
IlImmokalee Fair Housing Alliance,Inc
SI•I.RD-23-0I Amendment 2J, 1 1
081 Corazon De La Comunidad Circle Bldg.8 j
CAO
16D 4
the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-
Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov.
dhs.gov.
4.24 Unauthorized Aliens shall not be employed. Employment of unauthorized aliens shall be cause
of unilateral cancellation of this Agreement by the COUNTY for violation of §274A of the
Immigration and Nationality Act. The SPONSOR and its subcontractors will enroll in and use
the E-Verify system established by the U.S. Department of Homeland Security to verify the
employment eligibility of its employees and its subcontractors' employees performing under this
Agreement. Employees assigned to this Agreement means all persons employed or assigned
(including subcontractors) by SPONSOR or a subcontractor during the term of this Agreement
to perform.work pursuant to this Agreement within the United Sates and its territories.
SPONSOR represents and warrants that no part of the funding under this Agreement will be used
in violation of any federal or state law, including but not limited to, 8 U.S.0 §1324 or 8 U.S.C.
§1325, or to aid or abet another in violating federal or state law. The COUNTY may terminate
this Agreement at any time if SPONSOR violates, or aids or abets another in violating any state
or federal law.
4.25 Florida Statutes section 713.20, Part 1, Construction Liens
Statutes& Constitution :View Statutes : Online Sunshine (state.fl.us)
4.26 Florida Statutes section 119.021 Records Retention
Statutes& Constitution: View Statutes: Online Sunshine (state.fl.us)
4.27 Florida Statutes section 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL-0100-
0199/0119/Sections/OH9.071.html
4.28 Whistleblower Protections:
a. In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712, the SPONSOR 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 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
illmmokalee Fair Housing Alliance,Inc
SH4RD-23-OI Amendment 2), 12
112081 Corazon De La Comunidad Circle Bldg.8
CAO
.
16D 4
vii. A management official or other employee of Recipient, contractor, or subcontractor
who has the responsibility to investigate, discover, or address misconduct.
The SPONSOR 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:41%20section:4712%20edition:prelim)
All SPONSOR employees directly involved with activities associated with this Agreement shall
complete and submit to the COUNTY the Collier County Whistleblower Protections
Certification form (Exhibit I) prior to execution of this Agreement. Any new employees hired
during the period of performance of this Agreement shall also complete and submit the form to
the COUNTY.
4.29 Executive Compensation. In accordance with §216.1366, F.S., for any contract or agreement for
services executed, amended, or extended on or after July 1, 2023, with a nonprofit organization
as defined in 215.97(2)(m),the Agreement must require the SPONSOR or contractor to provide
documentation that indicates the amount of state funds:
• Allocated to be used during the full term of the contract for remuneration to any member
of the Board of Directors or an officer of the SPONSOR.
• Allocated under each payment by the COUNTY to be used for remuneration of any
member of the Board of Directors or an officer of the SPONSOR. The documentation
must indicate the amounts and recipients of the remuneration.
4.30 Use of Funds for Diversity, Equity, and Inclusion Prohibited. No state funding under this
Agreement is being provided for,promoting, advocating for, or providing training or education
on"Diversity,Equity,and Inclusion"(DEI).DEI is any program,activity,or policy that classifies
individuals on the basis of race, color, sex, national origin, gender identity, or sexual orientation
and promotes the position that the group or an individual's action is inherently, unconsciously,
or implicitly biased on the bases of such classification.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between COUNTY and
SPONSOR 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 SPONSOR with respect to this Agreement.
Signature Page to Follow
fi
Immokalee Fair Housing Alliance,Inc 1
SHJRD-23-01 Amendment 2) 13
2081 Corazon De La Comunidad Circle 131dg.8
C.��
is
16D 4
IN WITNESS WHEREOF,the SPONSOR and the COUNTY,have each respectively. by an authorized person
or agent,hereunder set their hands and seals on the date first written above.
ATTEST: AS TO THE COUNTY:
C YS.TAVK- '} ZEL,CLERK BOARD OF COUNTY COMMISSIONERS OF
•216. ),_
COLLIER COUNTY, FLORIDA
` ' •<; • By:
. `-', � ^_„ S,CHAIRMAN
Date: •. °; - v{ v(SEALi 1ZS
Mest as o Chairman's Date:__
'r signature only
WITNESSES: AS TO THE SPONSOR:
IMMOKALEE FAIR HOUSING ALLIANCE, INC
Witness#1 Signature t .
By:_ ' / _/ ti ":
Witness#1 Printed NameALAN PENICK,TREASURER
Date: 8/12/2025
Witness#2 Signature
Witness#2 Printed Name
Approved
as to form and legality:
a6f
, %) —P__
Courtney L. DaSilva OD
Assistant County Attorney 161CLIC
Date: g 26Q /16 _
Flmmokalee Fair I lousing Alliance,Inc ;
SH-RD-23-01 Amendment 2) 14
1208I Corazon De La Comunidad Circle Bldg.8 CA,0
16D 4
EXHIBIT H
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
WHISTLEBLOWER PROTECTIONS CERTIFICATION
SPONSOR Name:
SPONSOR Address:
Project Name:
Project No:
In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712, SPONSOR 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 SPONSOR, contractor, or subcontractor who has
the responsibility to investigate, discover, or address misconduct
SPONSOR 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.
By signing this form, I certify that lmmokalee Fair Housing Alliance, Inc, will comply with all
Whistleblower rights and protections for its employees.
£
Name: •
Signature:
Title:
Your typed name here represents your electronic signature
dImmokalee Fair Housing Alliance,Inc
SHjRD-23-01 Amendment 4 15
208I Corazon De La Comunidad Circle Bldg.8 1