Agenda 09/23/2025 Item #16D 2 (Chair to sign the (1) Second Amendment to the Community Development Block Grant Mitigation Agreement between Collier County and Florida Department of Commerce (I0162) and (2) Second Amendment to the subrecipient agreemen9/23/2025
Item # 16.D.2
ID# 2025-2895
Executive Summary
Recommendation to approve and authorize the Chair to sign the (1) Second Amendment to the Community Development
Block Grant Mitigation Agreement between Collier County and Florida Department of Commerce (I0162) and (2)
Second Amendment to the subrecipient agreement between Collier County and Collier Health Services, Inc., dba
Healthcare Network (MIT22-001) for the hardening of the Marion E. Fether Medical Center in Immokalee. (Housing
Grant Funds 1835)
OBJECTIVE: To utilize grant funds for hardening activities to support critical facilities throughout Collier County.
This meets the County’s strategic plan objective to prepare for the impacts of natural disasters on our critical
infrastructure and natural resources.
CONSIDERATIONS: In response to the Presidentially declared disaster in 2017 for Hurricane Irma, Congress
appropriated funding for the Community Development Block Grant Mitigation (CDBG-MIT) program to mitigate future
disasters. The U.S. Department of Housing and Urban Development (HUD) has provided federal funding to the State of
Florida Department of Commerce (DOC) to harden critical public facilities to mitigate and become more resilient to
future disasters. The CDBG-MIT program - Critical Facility Hardening Program (CFHP) has a focus on mitigation of
future disasters, including hurricanes, wildfires, and other natural disasters.
On April 15, 2020, the (DOC; formerly Department of Economic Opportunity) announced the first round of CDBG-MIT
funding. The DOC required the unit of local government to serve as the applicant and coordinate applications on behalf
of the local municipalities, healthcare providers, and other public agencies. On June 29, 2020, the County Manager
approved the “After the Fact” submittal of the CDBG-MIT grant application. On July 14, 2020, Agenda Item #16.D.6,
the Board of County Commissioners (Board) approved the “After-the-Fact” submittal of the application to the DOC.
On February 4, 2021, the DOC awarded CDBG-MIT funds. On June 28, 2022, Agenda Item #16.D.7, the Board
accepted DOC CDBG-MIT funds for the hardening projects and executed the Department of Commerce agreement for
the including Marion E. Fether Center – Healthcare Network hardening project.
On December 13, 2022, Agenda Item #16.D.6, the Board approved the subrecipient grant agreement between Collier
County and Collier Health Services, Inc., dba Healthcare Network. This agreement has a period of performance of
August 4, 2022 – August 3, 2026, and totals $206,240.00. The current agreement’s scope of work includes: the
installation of 66 impact doors and windows that are compliant with Florida Building Codes.
On August 27, 2024, Agenda Item #16.D.2, the Board approved the first amendment to the subrecipient grant agreement
between Collier County and Collier Health Services, Inc., dba Healthcare Network, to include updated County contact
information and federal and state grant provisions.
On May 13, 2025, Agenda Item #16.D.6, the Board approved the first amendment to the primary agreement between
Collier County and DOC to update the scope of work and update grant language for “Citizen Complaints”,
“Employment Eligibility Verification”, and update the Reporting Requirements.
The proposed second amendments make the following changes:
2nd Amendment between DOC and Collier County:
• Update the scope of work to reflect the replacement of 43 windows with impact windows.
• Update the budget components to reflect the full award being attributed to construction costs associated with the
new scope.
2nd Amendment between Collier County and Healthcare Network:
Page 1603 of 3896
9/23/2025
Item # 16.D.2
ID# 2025-2895
• Increase Award from $206,240.00 to $216,552.00 for Construction.
• Update Scope of Work to reflect the replacement of 43 windows with impact windows.
• Update the budget to reflect the additional award of $10,312.00 to support costs associated with the new scope.
• Update Project Deliverables.
• Update Section 2.2 “Records and Retention.”
• Update Exhibits C, D, E, F, G to ensure Reporting Templates are up to date.
• Add Exhibit I “Whistleblower Protections Certification.”
This item is consistent with the Collier County strategic plan objective to prepare for the impacts of natural disasters on
our critical infrastructure and natural resources.
FISCAL IMPACT:
The proposed action has no fiscal impact. Funds are appropriated in the Housing Grant Fund (1835) for the Marion E.
Fether Medical Center, Project 33806.
GROWTH MANAGEMENT IMPACT: This item has no impact on Housing Element of the Growth Management
Plan of Collier County.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for
Board approval. – CLD
RECOMMENDATIONS: Recommendation to approve and authorize the Chair to sign the (1) Second Amendment to
the Community Development Block Grant Mitigation Agreement between Collier County and Florida Department of
Commerce (I0162) and (2) Second Amendment to the subrecipient agreement between Collier County and Collier
Health Services, Inc., dba Healthcare Network (MIT22-001) for the hardening of the Marion E. Fether Medical Center
in Immokalee. (Housing Grant Funds 1835).
PREPARED BY: Parker Smith, Grants Coordinator; Community and Human Services Division
ATTACHMENTS:
1. I0162-A2 CAO-Stamped
2. MIT22-001 CHSI Amendment #2 - CAO Stamped
3. UNEX AGRMT SUB 2022 08-04 CHS, MIT22-001
4. I0162-CollierCounty EXECUTED Agreement
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 60 6
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 Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Don Luciano Community and Human DL 12/09/22
Services
2. County Attorney Office County Attorney Office DOC til(GI z v
3. BCC Office Board of County
Commissioners 6,1 4I44i /0/472 _
4. Minutes and Records Clerk of Court's Office
plgtIVN Itirx
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 Don Luciano,Manager,Federal& State Phone Number 239-252-2509
Contact/ Department Grant Operations,Community and Human
Services
Agenda Date Item was December 13,2022 (BCC Meeting date) Agenda Item Number 16.D.6
Approved by the BCC
Type of Document Subrecipient Agreement,Collier Health Number of Original 3
Attached Services,Inc dba Healthcare Network Documents Attached
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? 1)4
2. Does the document need to be sent to another agency for additional signatures? If yes, DL
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 DL
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 DL
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 DL
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 DL
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip DL
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 12/13/22 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County
1/ 0 e an option for
Attorney's Office has reviewed the changes,if applicable. 1 J 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 n I,
N/A
option for
Chairman's signature.
0 s 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
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Instructions 1 b D 63.
1) There are three (3) original Contracts. Please return two (2) Chairman signed Contracts to:
Don Luciano
Manager, Federal & State Grant Operations
Collier County Government l Community and Human Services
3339 E. Tamiami Trail, Bldg. H, Suite 211
Naples, FL 34112
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
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FAIN# N/A
Federal Award Date February 4,2021
Federal Award Agency HUD
CFDA Name Community
Development Block
Grants/State's Program
Non-Entitlement
Grants in Hawaii
CFDA/CSFA# 14.228
Total Amount of Federal 206,240.00
Funds Awarded
Subrecipient Name Collier Health Services,
Inc. dba Healthcare
Network
UEI# GPXBQKU6AJA5
FEIN 59-1741277
R&D NA
Indirect Cost Rate NA
Period of Performance August 4,2022-August
3,2026
Fiscal Year End 2031
Monitor End: August 3,2031
AGREEMENT BETWEEN COLLIER COUNTY
AND
Collier Health Services,Inc. dba Healthcare Network
CDBG-Mitigation Program
THIS AGREEMENT is made and entered into this e day of oc-coseet.2022,by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY")having its principal address at 3339
Tamiami Trail East,Naples FL 34112,and Collier Health Services, Inc. dba Healthcare Network
SUBRECIPIENT"), a private non-profit organization having its principal office at 1454 Madison Ave.
W., Immokalee,FL 34142 .
WHEREAS, the COUNTY has entered into an Agreement with the State of Florida Department
of Economic Opportunity (DEO) for a grant for the execution and implementation of a Community
Development Block Grant Mitigation(CDBG-MIT) Program in certain areas of Collier County, pursuant
to Title I of the Housing and Community Development Act of 1974(as amended); and
WHEREAS, on July 14, 2020,the Board of County Commissioners("Board") approved Agenda
Item 16D.6—the"After-the-Fact"submittal of five(5)applications to the DEO; and
WHEREAS, on February 4, 2021,the DEO awarded CDBG-MIT funds to four(4)of the five(5)
submitted applications; and
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Marion E.Fether Medical Center Hardening Page 1 0
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o
WHEREAS,on June 28,2021,the Board accepted the four(4)awards under Agenda Item 16.D.7
including the Marion E. Fether Medical Center Hardening; and
WHEREAS, all CDBG-MIT activities carried out by SUBRECIPIENT will: (1) meet the
definition of mitigation activities; for the purpose of this funding,mitigation activities are defined as those
activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life,injury,
damage to and loss of property,and suffering and hardship,by lessening the impact of future disasters; (2)
address the current and future risks as identified in DEO's Mitigation Needs Assessment of most impacted
and distressed area(s); (3) be CDBG-eligible activities under Title I of the Housing and Community
Development Act of 1974 (HCDA) or otherwise eligible pursuant to a waiver or alternative requirement;
and (4) meet a National Objective, including additional criteria for mitigation activities and a Covered
Project; and
WHEREAS, CDBG-MIT Funds made available for use by the SUBRECIPIENT under this
Agreement constitute a subaward of the DEO Federal award,the use of which must be in accordance with
requirements imposed by Federal statutes, regulations, and the terms and conditions of the DEO's Federal
award; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG-MIT project—(MIT22-01)Marion E.Fether Medical Center
Hardening.
WHEREAS, pursuant to Public Law (P.L.) P.L 115-123 Bipartisan Budget Act of 2018 and
Additional Supplemental Appropriations for Disaster Relief Act of 2018(approved February 9,2018),and
P.L. 116-20 Supplemental Appropriations for Disaster Relief Requirements Act, 2019 (approved June 6,
2019), Division B, Subdivision 1 of the Bipartisan Budget Act of 2018, P.L. 115-56, the "Continuing
Appropriations Act,2018";and the requirements of the Federal Register(FR)notices entitled"Allocations,
Common Application, Waivers, and Alternative Requirements for Community Development Block Grant
Mitigation Grantees", 84 FR 45838 (August 30, 2019) and "Allocations, Common Application, Waivers,
and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees"
CDBG Mitigation) 86 FR 561 (January 6, 2021); (hereinafter collectively referred to as the "Federal
Register Guidance"), the U.S. Department of Housing and Urban Development (hereinafter referred to as
HUD") has awarded Community Development Block Grant-Mitigation(CDBG-MIT) funds to DEO for
mitigation activities authorized under Title I of the Housing and Community Development Act of 1974
HCDA)(42 United States Code(U.S.C)section 5301)and applicable implementing regulations at 24.CFR
part 570 and consistent with the Appropriations Act.
WHEREAS,the SUBRECIPIENT has legal authority to enter into this Agreement and by signing
this Agreement,the SUBRECIPIENT represents and warrants to the COUNTY that it will comply with all
the requirements of the subaward described herein.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
mow
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PART I
SCOPE OF WORK
This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding
under this program must harden critical buildings that serve a public safety purpose for local communities.
Critical buildings include potable water facilities, wastewater facilities, police departments, fire
departments,hospitals,emergency operation centers,and emergency shelters.
SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing CDBG-MIT assistance as provided herein and, as determined by Collier County
Community and Human Services (CHS)Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Marion E.Fether Medical Center Hardening
Description of project and outcome: Collier Health Services, Inc. dba Healthcare Network serves
as a vital instrument to the health of Collier County citizens before, during, and immediately after
a natural disaster. Replacing 7 doors and 59 windows with impact glazing material at the Marion
E.Fether Medical Center will solidify the facility's ability to withstand wind,heat,or water damage
during and after a storm and allow immediate response to the needs of the community; 61.84
percent of which are designated as low-to moderate-income residents. The project is estimated to
begin upon execution of this Agreement and completed within 48 months at a cost of$206,240.00.
There are no leveraged or matching funds included in this project.The team overseeing this project
consists of the Collier Health Services, Inc. dba Healthcare Network Facilities Department under
the direction of the Project Manager, who is working in coordination with Collier County, and
selected contractor(s).
Project Component One: Construction
Obtain appropriate permitting.
Purchase, install remove and properly dispose of 7 doors and 59 exterior windows and replace with new
insulated/impact glazing system doors and windows of like dimensions and in compliance with Florida
Building Codes standards and local, state and federal building codes.
Repair affected areas resulting from removal/installation by applying molding,patching interior drywall
and sills, and repair exterior stucco walls and touch up paint
The property will be deed restricted for five(5)years commencing on the date of initially meeting
one of the National Objectives, in accordance with 24 CFR 570.505, if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within ten(10) calendar days of the execution of this Agreement, SUBRECIPIENT must
deliver to CHS for approval,a detailed project schedule for the completion of the project.
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160b
B. SUBRECIPIENT must submit the following resolutions and policies to CHS within
ten(10)days of execution of this Agreement:
Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
Conflict of Interest Policy(COI)and related COI Forms
Procurement Policy
Administrative Financial Management Policies (must comply with all HUD
CDBG-MIT and State of Florida rules)
Quality Assurance and Quality Control Policies (must comply with all HUD
CDBG-MIT and DEO policies)
2 CFR 200 Uniform Administrative Requirements, Cost Principles and Audit
Requirements Policy for Federal Award
Uniform Relocation Act(URA)Policy
Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Language Assistance and Planning Policy(LAP)
Limited English Proficiency Policy(LEP)
Violence Against Women Act(VAWA)Policy
LGBTQ Policy
C. Environmental Review Requirement (ERR) - This Agreement does not constitute a
commitment of Funds or site approval. The commitment of Funds or site approval may
occur only upon satisfactory completion of environmental review and either (i) the
determination that the project is Exempt or (ii) the COUNTY's receipt of an approved
request for release of funds and certification from HUD, under 24 CFR Part 58. The
provision of any funds to the project is conditioned on the COUNTY's determination to
proceed with, modify, or cancel the project based on the results of the environmental
review. No program costs can be incurred until an environmental review of the project is
completed and approved by the COUNTY. Further, the SUBRECIPIENT will not
undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed
NTP) letter. Violation of this provision may result in the termination of this subaward
and/or the denial of any reimbursement of funds under this Agreement.
Annual Subrecipient Training—All SUBRECIPIENT staff assigned to the administration
and implementation of the Project established by this Agreement shall attend the CHS-
sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the
training in the previous year. In addition, at least one staff member shall attend all other
CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the
Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this
special condition,must be submitted to the Grant Coordinator, in writing, at least 14 days,
prior to the training.
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D. 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 in order to receive a particular service,
benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title
VI)and its implementing regulations,the 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.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: Construction 206,240.00
Obtain appropriate permitting.
Purchase, install remove and properly dispose of 7 doors and 59 exterior windows
and replace with new insulated/impact glazing system doors and windows of like
dimensions and in compliance with Florida Building Codes standards and local, state
and federal building codes.
Repair affected areas resulting from removal/installation by applying molding,
patching interior drywall and sills,and repair exterior stucco walls and touch up paint.
206,240.00
Total Federal Funds:206,240.00
SUBRECIPIENT will accomplish the following checked project tasks:
Pay all closing costs related to property conveyance
Maintain beneficiary income certification documentation, and provide to the COUNTY as
requested
Maintain and provide National Objective Documentation
Provide Quarterly Reports on project progress, Activity Work Plan, Budget, and updated
organization chart if applicable.
Provide Quarterly the resolution/ordinances, name and contact information of Fair
Housing, EEO/AA, and Section 504/ADA Coordinator and a copy of the published
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information or email address for SUBRECIPIENT's website. Establish a system to log all
Fair Housing,EEO/AA, and Section 504/ADA complaints and submit quarterly.
Ensure attendance by a representative from executive management at scheduled
partnership meetings,as requested by CHS
Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings,prior to SUBBRECIPIENT issuing Notice to Proceed(NTP)to contractor
Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation, note any staffing changes with job descriptions, Activity
Work Plan, and Budget
Identify Lead Project Manager
Provide Site Design and Specifications
Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work
Comply with Davis-Bacon Labor Standards
Comply with Section 3 and maintain documentation
Provide weekly certified payroll throughout construction and rehabilitation
Comply with Uniform Relocation Act(URA), if necessary
Ensure applicable numbers of units are Section 504/ADA accessible
Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG-MIT program Funds awarded to Collier County must benefit low-to moderate-income
persons(LMI).As such,SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
LMA—Low/Mod Area Benefit
LMC—Low/Mod Clientele Benefit
LMH—Low/Mod Housing Benefit
LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the National Objective under this
Agreement will require repayment of the CDBG-MIT investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low- to moderate-
income persons or households, in order to meet a CDBG-MIT National Objective. Failure to
achieve the National Objective under this Agreement will require repayment of the CDBG-MIT
investment under this Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households.Failure to achieve the National Objective under
this Agreement will require repayment of the CDBG-MIT investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit National Objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
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computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the National Objective under this Agreement will require repayment of the
CDBG-MIT investment under this Agreement.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Insurance Insurance Certificate Within 10 days of Agreement
execution and Annually
immediately upon renewal)
Staffing Plan Organization Chart and Job Quarterly,unless staffing
Descriptions for employees, changes occur off cycle,then
contracted staff,vendors,and report in monthly progress
contractors report. Due within 5 days of
prior month end
Special Grant Condition Policies Policies as stated in this Within 10 days of Agreement
Section 1.1) Agreement execution
Activity Work Plan Project Schedule(Exhibit D)Monthly,within 5 days of prior
month end
Fair Housing Log Develop Tracking Spreadsheet Quarterly,within 5 days of prior
for complaints that includes:quarter end
Coordinator contact name and
information; attach ordinance
ordinance/resolution
Log must include Fair
Housing/EEO/504 complaints)
Detailed Project Budget Exhibit C Monthly,within 5 days of prior
month end
Project Plans and Specifications Site Plans and Specifications Prior to procurement
Procurement Documents(Bid Independent Cost Estimate, After completion of
Packet) * Method of Procurement,Bid Environmental Review,and
Advertisement, Solicitation prior to advertising solicitation.
Packet. Advertisement not to occur until
package is approved by DEO.
Subcontractor Log Subcontractor Log Initially at construction start,
and quarterly thereafter
Progress Report Monthly and Quarterly Reports Monthly report(Exhibit E)due
Exhibits E and H respectively) by the 5th of each month;
Quarterly Reports(Exhibit H)
due by the 5th of Jan/Apr/Jul/
Oct.Both reports are to be
submitted in Jan/Apr/Jul/Oct.
Section 3 Compliance Report Exhibit F Monthly, due by the 5th of each
month.
Davis-Bacon Act Certified Weekly Certified Payroll Weekly,within 7 days following
Payroll reports,forms,and supporting issuance of payroll checks
documentation required to be
submitted through the County
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Program Deliverable Deliverable Supporting Submission Schedule
Documentation
electronic certified payroll
system LCP Tracker.
Annual Audit Monitoring Exhibit G Annually within 60 days after
Report the end of the fiscal year
Financial and Compliance Audit Audit,Management Letter, and Annually; 9 months after FY
Supporting Documentation end for Single Audit OR 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 Plan approved by the COUNTY Initial Plan due after
construction completion.
Annually throughout the
continued use period
SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted in
a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to
the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change
Orders in a timely manner, may result in delay or withholding of payment, as well as, a cease work order
until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be
issued.
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Submission of supporting documents Within 5 calendar
Construction must be provided as backup along with days after the end of
Obtain appropriate permitting. pay requests(Exhibit B), as evidenced by each month.
AIA or similar document, canceled check
Purchase, install remove and and/or bank statements,copy of any
properly dispose of 7 doors and 59 permits,invoices and any other additional
exterior windows and replace with documentation as requested.
new insulated/impact glazing
system doors and windows of like The County will pay up to 90%of the
dimensions and in compliance total grant award or project costs,
with Florida Building Codes whichever is lower. The remaining 10%
standards and local, state and of the award or project costs will be
federal building codes.released upon final monitoring clearance
and meeting a National Objective. For
Repair affected areas resulting clarity,the County will not withhold 10%
from removal/installation by on each payment request.
applying molding, patching
interior drywall and sills, and
repair exterior stucco walls and
touch up paint.
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The final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. SUBRECIPIENT'S failure to achieve the National
Objective will require repayment of the CDBG-MIT investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on August 4,2022 and shall end on August 3,2026.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized,in writing,by formal letter to
the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available TWO HUNDRED SIX THOUSAND,TWO HUNDRED
AND FORTY DOLLARS AND 00 CENTS($206,240.00)for use by SUBRECIPIENT,during the
term of the Agreement(hereinafter, shall be referred to as the Funds).
Modification to the Budget and Scope may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total Funding amount and shall not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG-MIT Funds until Funds are needed for
eligible costs; and all disbursement requests must be limited to the amount needed at the time of
the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from
obligations incurred during the term of this Agreement. Invoices for work performed are required
every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet
prepared to send the required backup, a$0 invoice is required.Explanations will be required if two
consecutive months of$0 invoices are submitted. Payments shall be made to SUBRECIPIENT
when requested as work progresses,but not more frequently than once per month. Reimbursement
will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
COUNTY will pay SUBRECIPIENT funds available under this Agreement based on information
submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy
concerning payments. With the exception of certain advances, payments will be made for eligible
expenses actually incurred by SUBRECIPIENT, and not to exceed actual cash requirements.
Payments will be adjusted by CHS in accordance with advance fund and program income balances
available in SUBRECIPIENT accounts.In addition,COUNTY reserves the right to liquidate funds
available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT.
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Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
CHS may withhold any pay request until approved by CHS for grant compliance and adherence to
any and all applicable Local, State, or Federal requirements, including timely submission of
Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or
evidence of project inactivity may cause payment suspension of any open pay requests until
the required deliverables are received or substantial project progression occurs, as
determined by CHS. Except where disputed for noncompliance, payment will be made upon
receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida
Statutes, otherwise known as the"Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
Section 1.5-Cost Principles)of this Agreement,SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to
the project(s) referenced above, as defined in 2 CFR 200.413. SUBRECIPIENT must provide
adequate documentation for validating costs incurred.Payments to SUBRECIPIENT'S contractors
and vendors are conditioned upon compliance with the procurement requirements provided in
2 CFR 200.318-200.327.Allowable costs incurred by Subrecipients and Contractors shall comply
with 2 CFR Subpart E-Cost Principles. The SUBRECIPIENT will use adequate internal controls
and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below,unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Maria Kantaras,Grant Coordinator
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples,Florida 34112
Email: maria.kantaras(a,colliercountyfl.gov
Telephone: (239)252-6141
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SUBRECIPIENT ATTENTION: Tami Raznoff, VP of Fiscal Affairs and CFO
Collier Health Services,Inc. dba Healthcare Network
1454 Madison Ave. W.
Immokalee,Florida 34142
Email:traznoff@healthcareswfl.org
Telephone: (239)658-3001
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records, documentation,and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501
Federal Award amounts expended shall be determined in accordance with guidelines established
by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program,and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG-MIT regulations.
B. SUBRECIPIENT shall establish and maintain public records that ordinarily and
necessarily would be required by the COUNTY in order to perform the service.
C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request,
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of Funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These
records shall be maintained to the extent of such detail to properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other costs and
expenses of whatever nature for which reimbursement is claimed under the provisions of
this Agreement.
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D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion,and in
a readily accessible,permanent,and secured location for six(6)state fiscal years after final
closeout of this Agreement (all reporting requirements are satisfied and final payments
have been received), as prescribed in 2 CFR 200.334, 24 CFR 570.493, and 24 CFR
570.502(a)(7)(ii).However,if any litigation,claim,or audit is started before the expiration
date of the six(6)year period, the records will be maintained until all litigation, claim, or
audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist
after the closeout of this Agreement,it shall notify the COUNTY in writing,of the address
where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall
meet all requirements for retaining public records and transfer, at no cost to COUNTY,all
public records in SUBRECIPIENT'S possession upon termination of the Agreement, and
destroy any duplicate, exempt, or confidential public records that are released from public
records disclosure requirements. All records stored electronically must be provided to the
COUNTY in a format that is compatible with the COUNTY'S information technology
systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, IT SHALL CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679,
Michael.Brownlee(cr colliercountyfl.gov, 3299 Tamiami Trail E,
Naples FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal
purchasing requirements and other Federal requirements for grant implementation.
F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files
on clients served, and documentation that all households are eligible under HUD Income
Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT'S compliance.
G. SUBRECIPIENT shall document how it complied with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding was
received. This includes special requirements, such as necessary and appropriate
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determinations as defined in 24 CFR 570.208,income certification,and written agreements
with beneficiaries, where applicable.
H. 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 released
from public records disclosure requirements are not disclosed, except as authorized by 2
CFR 200.337 and 2 CFR 200.338.
2.3 MONITORING
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report(Exhibit F)no later than 60 days after SUBRECIPIENT'S fiscal year end.
In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management
Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT'S fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no fewer than one(1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT
shall submit information and status reports required by CHS or DEO, to enable CHS to evaluate
said progress and allow for completion of required reports. SUBRECIPIENT shall cooperate with
any inspections, reviews, investigations, or audits deemed necessary by CHS, DEO, Chief
Financial Officer(CFO), or Auditor General. Such inspections, reviews, investigations, or audits
may be scheduled or unscheduled,as determined by CHS or DEO.
COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the funds provided under this Agreement,
further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute
noncompliance with this Agreement. If corrective action is not taken by SUBRECIPIENT within
a reasonable time period after being notified by CHS, Agreement suspension or termination
procedures will be initiated.SUBRECIPIENT agrees to provide DEO or its designee,CFO,Auditor
General, HUD, the HUD Office of Inspector General, the General Accounting Office, the
COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of
activities in this Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures
necessary to prevent,detect, and correct incidents of fraud,waste,and abuse in the performance of
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this Agreement, and to provide proper and effective management of all Program and Fiscal
activities of the Agreement. SUB RECIPIENT'S internal control systems and all transactions and
other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of this Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent
fraud,waste,and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation to the COUNTY, or any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement.Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228,CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 10 business days following issuance of the report.
Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT,as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds to be
returned to the COUNTY.
CHS may require SUBRECIPIENT to return upwards of 5 percent of the
award amount to the COUNTY,at the discretion of the Board.
SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No. 2013-228.
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3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS of their substantial noncompliance by
certified mail, CHS may require a portion of the awarded grant amount or the
amount of the CDBG-MIT investment for acquisition of the properties conveyed,
to be returned to the COUNTY.
CHS may require SUBRECIPIENT to return upwards of 10 percent of the
award amount to the COUNTY,at the discretion of the Board.
SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend termination of the Agreement or award.
CHS will make a recommendation to the Board to immediately terminate the
Agreement.SUBRECIPIENT will be required to repay all Funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of
project activity may result in withholding of payment or issuance of a Notice of
Noncompliance.
During the term of this Agreement, SUBRECIPIENT shall submit monthly and quarterly progress
reports to the COUNTY on the 5th day of every month (Monthly report) for the prior month, and
the 5th day of Jan/April/July/October for the prior quarter end. The progress reports include but are
not limited to, accomplishments within past month/quarter, issues or risks with resolutions, and
projected activities to be completed within the following month/quarter. Exhibit E, Monthly-
Quarterly Report, should be used to fulfill this requirement. Other reporting requirements may be
required by the County Manager or designee if the Program changes, the need for additional
information or documentation arises, or if legislative amendments are enacted. Reports and/or
requested documentation not received by the due date shall be considered delinquent and may be
cause for default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment.
SUBRECIPIENT shall cause all of the provisions of this Agreement in its entirety to be included
in and made a part of any subcontract executed in the performance of this Agreement.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K of these regulations, except that(1)
SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the Federal procurement process; and (4) for Developers, revenue generated is not
considered program income. The CDBG-MIT program was funded through the Housing and
Community Development Act of 1974. SUBRECIPIENT also agrees to comply with all other
applicable laws,regulations,and policies governing the funds provided under this Agreement.The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the
administration of the program for political activities, inherently religious activities, lobbying,
political patronage,and nepotism activities.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall
always remain an"independent contractor"with respect to the services to be performed under this
Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the
SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, are executed in writing, signed by a duly
authorized representative of each organization, and approved by the COUNTY'S Board. Such
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amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or for other reasons. If such
amendments result in a change in the funding, scope of services,or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from DEO CDBG-MIT grant Funds and must be
implemented in full compliance with all of DEO's rules and regulations and any agreement between
COUNTY and DEO governing the CDBG-MIT Funds pertaining to this Agreement. In the event
of curtailment or non-production of said Federal Funds,or the reduction of Funds awarded by DEO
to the COUNTY, to a level that the County Manager determines to be insufficient to adequately
administer the project,the financial resources necessary to continue to pay SUBRECIPIENT all or
any portion of the Funds will not be available. In either event, the COUNTY may terminate this
Agreement, which shall be effective as of the date that it is determined by the County Manager or
designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the
event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action, which may arise out of an act or omission including
but not limited to,reasonable attorneys' and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction,control, or supervision of SUBRECIPIENT in the performance
of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or
reduce any other rights or remedies,which otherwise may be available to an indemnified party or
person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall
pay all costs (including attorney's fees) and judgments which may issue there-on. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
section 768.28, Florida Statutes. This section shall survive the expiration or termination of this
Agreement.
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3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships,research reports,and similar public notices,whether printed
or digitally prepared and released by SUBRECIPIENT for,on behalf of,and/or about the Program
shall include the statement:
FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD), FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY (DEO), AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION(CHS)"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team as well as Equal Housing Opportunity. Construction signs shall comply with applicable
COUNTY codes.If this Agreement results in any copyrightable material or inventions,CHS and/or
the COUNTY reserves the right to royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use the work or materials for
governmental purposes.
3.8 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated by the COUNTY,if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II(A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or
such statutes, regulations, executive orders, and DEO guidelines,policies, or directives as
may become applicable at any time.
B. Failure,for any reason,to fulfill its obligations under this Agreement in a timely and proper
manner.
C. Ineffective or improper use of Funds provided under this Agreement.
D. Submission of reports to the COUNTY that are incorrect or incomplete in any material
respect.
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E. Submission of any false certification.
F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
II(B):
A. Require specific performance of the Agreement in whole or in part.
B. Require the use of, or change in,professional property management, if applicable.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG-MIT Funds
received under this Agreement.
D. Apply sanctions, if COUNTY determines them to be applicable.
E. Stop all payments until identified deficiencies are corrected.
F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY, as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
3.9 SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by a Federal Department or agency;and that the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders
12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further
detailed in Section 4.18.
3.10 REVERSION OF ASSETS
In the event of Agreement termination, and in addition to any and all other remedies available to
the COUNTY(whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the
time of termination (or expiration), immediately transfer to the COUNTY any property on hand
and any accounts receivable attributable to the use of CDBG-MIT Funds, per 24 CFR
570.503(b)(7).
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The COUNTY'S receipt of any Funds on hand at the time of termination shall not waive the
COUNTY'S right (nor excuse SUBRECIPIENT'S obligation)to recoup all or any portion of the
Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT'S performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
the Scope of Work(Part I),the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the
Community Development Block Grant-Mitigation Program(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended. Current purchasing
thresholds are:
Range: Competition Required
0-$50,000 3 Written Quotes
50,001+ Formal Solicitation(ITB,RFP,etc.)
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and
Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest,responsible,and
qualified bidder. SUBRECIPIENT shall manage contract administration, and CHS shall monitor
the administration. CHS shall have access to all records and documents related to the Project.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase,acquisition,or use of goods,products,or materials produced
in the United States.
In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
completion,per 2 CFR 200,Appendix II (J)and 2 CFR 200.323.
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3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated.However,if Program Income is derived from the use of CDBG-
MIT funds disbursed under this Agreement, such Program Income shall be utilized by the
SUBRECIPIENT only for CDBG-MIT-eligible activities approved by the COUNTY. Any
Program Income (as such term is defined under applicable Federal regulations) gained from any
SUBRECIPIENT activity funded by CDBG-MIT Funds shall be reported to the COUNTY through
an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall
comply with 2 CFR 200.307,24 CFR part 570.489, 570.500,and 24 CFR 570.504 in the operation
of the Program. When Program Income is generated by an activity that is only partially
assisted by CDBG-MIT Funds, the income shall be prorated to reflect the percentage of
CDBG-MIT Funds used. If there is a Program Income balance at the end of the Program Year,
such balance shall revert to the COUNTY's Community Block Grant-MIT Program, for further
reallocation.
3.15 Public Facilities and Improvements:Public facilities that are acquired,constructed,rehabilitated,
or otherwise improved with CDBG-MIT Funds are subject to this requirement.This includes parks,
libraries, community centers, and any other facility whose primary purpose is a public one. For
these facilities, Program Income is the income generated by the use of the facility, less operating
costs associated with generating the income.The COUNTY considers utilities,property insurance,
and facility maintenance to be operating costs that should be subtracted from revenue to determine
net program income.For each funded project,the SUBRECIPIENT must submit a list of proposed
costs incidental to the generation of program income to the COUNTY for approval.
Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part,with CDBG-MIT Funds shall be used to meet one of the CDBG-MIT National
Objectives, pursuant to 24 CFR 570.208, during the continued use period as referenced in section
3.16(Grant Closeout Procedures)of this Agreement. If SUBRECIPIENT sells,transfers, disposes
of, or otherwise fails to continue to use the CDBG-MIT assisted real property in a manner that
meets a CDBG-MIT National Objective, SUBRECIPIENT shall pay the COUNTY an amount
equal to a percentage of the current fair market value of the property, after subtracting disposal
costs. The basis for such percentage shall be the percentage of the appraised value attributable to
CDBG-MIT and non-CDBG-MIT Funds expended for the original acquisition of,or improvement
to,the property under the terms of this Agreement. Such payment shall constitute program income
to the COUNTY.
3.16 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are
completed. SUBRECIPIENT may close out the project with the COUNTY after the five (5)year
continued use period has been met.The continued use period shall commence with the latter of the
SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction
documentation. Activities during this closeout period shall include but are not limited to making
final payments; disposing of program assets (including the return of all unused materials,
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equipment,program income balances,and receivable accounts to the COUNTY); and determining
the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall
remain in effect during any period that SUBRECIPIENT has control over CDBG-MIT funds,
including program income.In addition to the records retention outlined in section 2.2(Records and
Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida
Statutes, regarding records maintenance, preservation, and retention.A conflict between State and
Federal records retention requirements will result in the more stringent law being applied,such that
the record must be held for the longer duration. Any balance of unobligated Funds that have been
advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount
SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded
to the COUNTY. SUBRECIPIENT shall also produce records and information complying with
section 215.97,Florida Statutes,the Florida Single Audit Act.Closeout procedures must take place
in accordance with 2 CFR 200.344.
3.17 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement based on race,
color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination,the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment.Also,to the greatest extent practicable,eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
3.18 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement.As used in this Agreement,the term"small business"means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
minority and women's business enterprise"means a business that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Black Americans„ Hispanic Americans, Asian/PacificAmericans, Native
Americans,and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and women's business enterprises, in lieu of an independent
investigation.
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3.19 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate-income
persons or presumed to be low- to moderate-income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program.
3.20 DUPLICATION OF BENEFITS
SUBRECIPIENT shall not carry out any of the activities under this Agreement in a manner that
results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974 (42 USC 5155) and described in
Appropriations Acts. SUBRECIPIENT must comply with DEO's and HUD's requirements for
duplication of benefits, as described in the Federal Register and HUD guidance (including HUD
training materials). SUBRECIPIENT shall carry out the activities under this Agreement in
compliance with DEO's procedures to prevent duplication of benefits.
3.21 AFFIRMATIVE ACTION
SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program
pursuant to the COUNTY'S specifications,in keeping with the principles 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 an Affirmative Action Program. The Affirmative
Action Program must be updated throughout the continued use period and submitted to the
COUNTY within 60 days of any update/modification. SUBRECIPIENT will send to each labor
union or representative of workers with which it has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the agency contracting officer, 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 employees and applicants for
employment.
3.22 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
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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 no person having any conflict of interest shall be
employed or subcontracted by SUBRECIPIENT. 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.
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.
Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors
shall be disclosed to CHS 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.
3.23 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above 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 4.57 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
No Funds or other resources received from DEO under this Agreement may be used directly or
indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
3.24 RELIGIOUS ORGANIZATIONS
CDBG-MIT 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
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religious beliefs, provided it does not use direct CDBG-MIT Funds to support any
inherently religious activities, such as worship,religious instruction, or proselytizing.
D. The Funds shall not be used 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-MIT 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-MIT Funds in this part. Sanctuaries, chapels, or other
rooms that a CDBG-MIT funded religious congregation uses as its principal place of
worship,however,are ineligible for CDBG-MIT funded improvements.
3.25 INCIDENT REPORTING
If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any
subcontractors shall report to the COUNTY,knowledge or reasonable suspicion of abuse,neglect,
or exploitation of a child,aged person, or disabled person.
3.26 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
3.27 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 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 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.
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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 CHS.
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.
3.28 WAIVER
The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT 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.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl
4.2 State of Florida Requirements stated throughout the Agreement
4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall
ensure that no funds provided,nor personnel employed under this Agreement, shall be in any way
or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of
the USC Federal Register: Political Activity-State or Local Officers or Employees; Federal
Employees Residing in Designated Localities;Federal Employees
4.4 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mcrtrue&node=pt24.1.58&rgn=div5
Resource Conservation and Recovery Act(RCRA). Under RCRA codified at 42 USC 6962, state
and local institutions of higher education,hospitals,and non-profit organizations that receive direct
Federal awards or other Federal Funds shall give preference in their procurement programs funded
with Federal funds to the purchase of recycled products pursuant to the EPA guidelines
Summary of the Resource Conservation and Recovery Act I US EPA
4.5 Section 104(d)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended Section 109 of the HCD Act of 1974 I HUD.gov/U.S. Department of Housing
and Urban Development(HUD)
Section 104(d)of the Housing and Community Development Act of 1974,as amended(see 42 USC
5304(d))-HUD Exchange
4.6 The 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.j ustice.gov/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.htm l
Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs
https://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
4.7 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
This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other
transfer of land acquired, cleared, or improved with assistance provided under this Agreement,
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SUBRECIPIENT 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. SUBRECIPIENT, 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.
4.8 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits
discrimination on the basis of sex in educational programs
Title IX Of The Education Amendments Of 1972(justice.gov)
4.9 The Temporary Assistance for Needy Families Program(TANF)45 CFR Parts 260-265,the Social
Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies
promulgated thereunder.
Temporary Assistance for Needy Families I Benefits.gov
eCFR::45 CFR Part 260--General Temporary Assistance for Needy Families(TANF)Provisions
4.10 The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994, 20 USC
6083.
Pro-Children Act Of 19941 Legislation I US Encyclopedia of law(lawi.us)
4.11 Public Announcements and Advertising: When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or programs funded in whole
or in part with Federal money, SUBRECIPIENT shall clearly state (1)the percentage of the total
costs of the program or project which will be financed with Federal money, (2)the dollar amount
of Federal funds for the project or program,and(3)percentage and dollar amount of the total costs
of the project or program that will be financed by nongovernmental sources.
4.12 Purchase of American-Made Equipment and Products: Contractor assures that, to the greatest
extent practicable, all equipment and products purchased with funds made available under this
Agreement will be American-made.
4.13 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/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-11246/as-amended
EO 11375 and 12086: see item#8 below
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4.15 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC §2000e,et. seq.The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 I U.S. Equal Employment Opportunity Commission
eeoc.gov)
4.16 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 be 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
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.
The 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 be worked by Targeted Section 3 workers.If SUBRECIPIENT
is unable to meet these benchmarks, efforts taken to meet the requirements must be described.
Examples include held job fairs, conduct on the job training, outreach efforts to public housing
residents,and connecting residents to supportive services.
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 be worked by Targeted Section 3 workers. If
SUBRECIPIENT is unable to meet these benchmarks,efforts taken to meet the requirements
must be described. Examples include held job fairs, conduct 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-MIT-funded project is
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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 and DEO 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-MIT-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 and DEO programs.
https://www.hud.gov/sites/documents/DOC 12047.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
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.
4.17 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.html
12107:https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.18 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe0l.pdf
4.19 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
4.20 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.21 The Architectural Barriers Act of 1968: The Fed - Architectural Barriers Act of 1968 (42 U.S.C.
4151--57)(federalreserve.gov)
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4.22 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfm
4.23 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: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-section276a-
7&num=0&edition=1999
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.law.cornell.edu/cfr/text/29/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://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects.https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.24 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.govinfo.gov/content/pkf/USCODE-2010-title18/pdf/USCODE-2010-
title18.pdf
40 U.S.C.276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
4.25 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/codification/executive-order/11625.html
4.26 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:
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t 4 1
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3f8eaa991 fb411 f383b74003 bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
70 1607
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.27 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.28 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles,and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.29 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 equipments,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.
4.30 Immigration Reform and Control Act of 1986
S.1200- 99th Congress(1985-1986): Immigration Reform and Control Act of 19861
Congress.gov 1 Library of Congress
4.31 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.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colli ergov.net/home/showdocument?id=35137
4.32 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.
4.33 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).
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4.34 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 TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.35 SUBRECIPIENT agrees to comply with the following requirements:
a.Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap 85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govi nfo.gov/content/pkg/USCODE-2011-title3 3/pdfUSCODE-2011-tit1e33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
4.36 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),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.
https://www.law.cornell.edu/cfr/text/24/570.605
4.37 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.
Lead-Based Paint-HUD Exchange
4.38 The 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/2017-02/regs-rev04.pdf
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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.
4.39 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title41-chap 10-
sec701
4.40 The 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.
https://www.archives.gov/federal-register/codification/executive-order/12549.html
4.41 The 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.
4.42 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.
https://www.ec fr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535 e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.43 Any real property acquired by 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-MIT including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT'S control, which is acquired or improved, in
whole or part, with CDBG-MIT funds in excess of $25,000, must adhere to the CDBG-MIT
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. The
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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-MIT 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-sec24-101
https://www.govi nfo.gov/app/details/CFR-2012-tit1e24-vol3/CFR-2012-title24-vol3-sec570-505
4.44 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,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.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
As provided in section 287.134,Florida Statutes, an entity or affiliate, as defined in section
287.134(1),who has been placed on the discriminatory vendors list may not submit a bid,
proposal or reply on a contract to provide any goods or services to a public entity for the
construction or repair of a public building or public work;may not submit bids,proposals or
replies on leases of real property to a public entity;may not be awarded or perform work as a
contractor, supplier, subcontractor or consultant under a contract with any public entity,and may
not transact business with any public entity. By executing this Agreement,the SUBRECIPIENT
represents and warrants that neither it nor any of its affiliates is currently on the discriminatory
vendors list. The SUBRECIPIENT shall disclose if it or any of its affiliates is placed on the
discriminatory vendors list.
Chapter 287 Section 134-2021 Florida Statutes(flsenate gov)
4.45 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.
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4.46 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem
rates in effect at the time of travel. SUBRECIPIENT 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
4.47 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24jart5 subpartA section5.106
4.48 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 and
DEO 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 5.111.
eCFR::24 CFR Part 214 Subpart D--Program Administration
https://www.law.cornell.edu/cfr/text/24/5.111
4.49 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://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.50 Any rule or regulation determined to be applicable by HUD and/or DEO.
4.51 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statutes section 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
4.52 Florida Statutes section 713.20,Part 1,Construction Liens
Statutes&Constitution :View Statutes : Online Sunshine(state.fl.us)
4.53 Florida Statutes section 119.021 Records Retention
Statutes&Constitution :View Statutes : Online Sunshine(state.fl.us)
4.54 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/0119.071.html
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4.55 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.
4.56 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities.
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://oip.gov/about/ocr/partnerships.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.
4.57 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://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.58 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): 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. 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.
4.59 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 I U.S.Code I US Law I LII/Legal Information Institute(cornell.edu)
Beneficiaries are subject to this False Claims Act that include the following:31 U.S.C.3729-False
claims - Document in Context - USCODE-2010-title3l-subtitleIII-chap37-subchapIII-sec3729
govinfo.gov)
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x
31 U.S. Code $ 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute
cornell.edu)
4.60 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.
4.61 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.
4.62 Trafficking in Persons: SUBRECIPIENT 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 SUBRECIPIENT and any of its employees.
The details of SUBRECIPIENT'S obligations related to prohibited conduct related to the
trafficking of persons are posted at https://ojp.gov/funding/Explore/ProhibitedConduct-
Trafficking.htm.
4.63 Federal Funding Accountability and Transparency Act (FFATA): The SUBRECIPIENT shall
comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award
Management (SAM). The SUBRECIPIENT must have an active registration in SAM,
http://www.samgov/SAM/in accordance with 2 CFR part 25, appendix A, and must have a Data
Universal Numbering System (DUNS) number https://fedgov.dnb.com/webform/ The
SUBRECIPIENT must also comply with provisions of the Federal Funding Accountability and
Transparency Act, which includes requirements on executive compensation, 2 CFR part 170
Reporting Subaward and Executive Compensation Information.
eCFR::2 CFR Part 25 --Universal Identifier and System for Award Management
eCFR::2 CFR Part 170--Reporting Subaward and Executive Compensation Information
4.64 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 HUD.
4.65 SUBRECIPIENT acknowledges being subject to Florida's Government in the Sunshine Law
section 286.011, Florida Statutes) with respect to the meetings of SUBRECIPIENT'S governing
board or the meetings of any subcommittee making recommendations to the governing board.
SUBRECIPIENT agrees that all such aforementioned meetings shall be publicly noticed, open to
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the public and the minutes of all the meetings shall be public records made available to the public
in accordance with Chapter 119,Florida Statutes.
Chapter 286 Section 011 -2021 Florida Statutes(flsenate.gov)
2021 Florida Statutes-The Florida Senate(flsenate.gov)
4.66 SUBRECIPIENT shall comply with section 519 of P.L. 101-144, the Department of Veterans
Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act,
1990; and section 906 of P.L. 101-625, the Cranston-Gonzalez National Affordable Hosung Act,
1990,by having,or adopting within ninety(90)days of execution of this Agreement,and enforcing
the following:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its_ ly(;iy;;
jurisdiction against any indivduals engaged in non-violent civil rights demonstrations;and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
Text - H.R.2916 - 101st Congress (1989-1990): Departments of Veterans Affairs and Housing
and Urban Development, Independent Agencies Appropriations Act, 1990 I Congress.gov
Library of Congress
https://www.hud.gov/sites/documents/NAHA906.TXT
4.67 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 Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r
PART&ty=HTML
4.68 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)
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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:AS TO COUNTY:
CRYSTAL K.TNZE1,.CLERK BOARD OF COP COM . IO • ' OF
COLLCI y . ORIDA
iyimitit: . f v..• sir el- r
By:
Deputy Clerk WIL 7 AM L.MCDANIEL, JR., CHAIRPERSON
Attest as to Chairman's
signature only..
Date: 13 D E C. Z o z ZDated: l a"O
SE )
TNESS S: AS TO SUBRECIPIENT:
emu-
t5
Collier Health Services, Inc. dba Healthcare Network
Witness#1 Signature
t av,1arO- L6Q1.\ 2 By: IIOFF,/ DENTOJSCALWitness#1 Printed NameTA
I n011 HIEF INANCIAL OFFICERAFFAIRSND
Witne 2 Signature Date: ii 3 ood"
3 0.4 t./7 C0/r-le [Please provide evidence of signing authority]
Witness#2 Printed Name
AppQved as to form and legality:
i\ 0 01'
Deki .Perry P\t\-
Assistant County Attorney t•
Date: r K,Q I
LZ
4
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under
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the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%)
of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect
to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
mi
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EXHIBIT B
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier Health Services, Inc. dba Healthcare Network
SUBRECIPIENT Address: 1454 Madison Ave. W., Immokalee, FL 34142
Project Name: Marion E.Fether Medical Center Hardening
Project No:MIT22-001 _ Payment Request#
Total Payment Minus Retainage
Period of Availability: _through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded
2. Total Amount of Previous Requests
3.Amount of Today's Request(Net of Retainage, if
applicable)
4. Current Grant Balance (Initial Grant Amount Award $
request)(includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required $14,999 and Division Director(Approval Required
below) 15,000 and above)
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Page 1703 of 3896
DE .41,11,
Ron DeSantis Dane Eagle
GOVERNOR FLORIDA DEPARTMENT' SECRETARY
ECONOMIC OPPORTUNITY
EXHIBIT E
CBDG-MIT Grant
Monthly Progress Report
Grant No. — Sub. Name:
Project Title:
Funding Awarded:
Agreement Period:
Primary Points of Grant Manager name Primary project manager
Contact Information: GM Phone # / GM email Phone# / Email
DEO - Office of Long-Term Title
Resiliency _
Activity Reporting Period : Month Year
An update of this report shall be submitted to DEO ten (10) calendar days after the end of each month.
Section One — Financial Data:
Amount Funds used this Funds used to Balance
period date Remaining
Leverage Funds (A)
CDBG-MIT Funds
B)
TOTAL Project
Funds (A+B)
Section Two — Accomplishments within the Past Month:
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Page 1704 of 3896
lap 6
Section Three - Issues or risks that have been faced with resolutions:
Section Four - Projected activities to be completed within the following Month:
Section Five - Required Submissions:
Attachment B - Project Budget
Has the Project Budget changed?
If answered"Yes;please submit the Revised Attachment a Yes No
Attachment C - Activity Work Plan
Has the Activity Work Plan changed?
If answered"Yes';please submit the Revised Attachment C. Yes No
Timeline (Milestones) for Implementation
Has the Timeline changed?
If answered"Yes';please submit the Detailed Timeline Yes No
Milestones).
Staffing Plan
Were there any Staffing changes?
If answered"Yes';please submit the Revised Staffing Plan
which will include the Revised Org Chart and Updated names
and Job descriptions. Yes No
Equipment Transfer/Disposal
Were there Equipment Transferred/Disposed?
If answered"Yes;please request a copy of the Equipment
Transfer/Disposal Form and disposition instructions from your
grant Manager. Complete and submit the Equipment Yes No
Transfer/Disposal form.
This report was prepared by: Signature and date:
Collier Health Services,Inc.dba Healthcare Network
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Page 1705 of 3896
Re` :..41., RebuildFlorida.gov
Florida
EXHIBIT F
CONTRACTORS' MONTHLY COMPLIANCE FORM—SECTION 3
Every month, Contractor and all subcontractor(s) must sign, date, and deliver this form to the Grant
Coordinator.
Project Name
Project Location
For the Month of
I. Hiring
n I have NOT hired any new employees during the month specified.
n I have hired_Section 3 employees,and/or_non-Section 3 employees during the month.
II. Recruitment
n I have advertised to fill vacancy(ies)at the site(s)where work is taking place, in connection with
this project. Below,I have checked the steps I have taken to find Section 3 low-income residents,
from the targeted groups and neighborhoods,to fill any vacancies.
n Placed signs or posters in prominent places at project site(s).
n Taken photographs of the above item to document that the above step was carried out.
Distributed employment flyers to the administrative office of the local Public Housing Authority.
n Kept a log of all applicants and indicated reasons why Section 3 residents who applied were not
hired.
Retained copies of any employment applications completed by Section 3 residents.
III. Verification
I have attached proof of all checked items.
I hereby certify that the above information is true and correct.
Date
Signature
Title
Business
Florida Department of Economic Opportunity
Caldwell Building 1107 E.Madison Street
Tallahassee,FL 32399
850.245.7105
www.FloridaJobs.orq
www.twitter.com/FLDEO
FLORIDA DEPARTMENTd
Iwww facahook com/FI DEO
ECONOMIC OPPORTUNITY EQUAL HOUSINGOPPORUSI
An equal opportunity employer/program.Auxiliary aids and service are
available upon request to Individuals with disabilities.All voice telephone numbers on
this document may be reached by persons using TTY/TTD equipment via the
Florida Relay Service at 711.
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160 6
EXHIBIT G
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requiresthatallappropriatedocumentationisprovidedregardingtheorganization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when
the activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by2CFRPart200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act
Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended duringduringmostrecentlycompletedFiscalYearmostrecentlycompletedFiscalYear
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be
completed by Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
Did not exceed the expenditure threshold for the fiscal year indicated above
Are a for-profit organization
Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
Collier Health Services,Inc.dba Healthcare Network
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co
Page 1707 of 3896
Ron DeSantis Dane Eagle
GOVERNOR SECRETARY
FLORIDA DEPARTMENT'
ECONOMIC OPPORTUNITY
EXHIBIT H
CDBG-MIT
QUARTERLY PROGRAM REPORT
Grant No. - Sub. Name:
Project Title:
Funding Awarded:
Agreement Period:
Primary Points of Contact Grant Manager name Primary project manager
Information: GM Phone # / GM email Phone# / Email
DEO - Office of Long-Term Title
Resiliency
Activity Reporting Period : QUARTER YEAR
An update of this report shall be submitted to DEO ten (10) calendar days after the end of each month.
Section One - Financial Data:
Amount Funds used this Funds used to date Balance
period Remaining
Leverage Funds (A)
CDBG-MIT Funds
B)
TOTAL Project
Funds (A+B)
Section Two - Accomplishments within the Past Quarter:
Section Three - Issues or risks that have been faced with resolutions:
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Page 1708 of 3896
I #0 6
Section Four - Projected activities to be completed within the following Quarter:
Section Five - Required Submissions (Attachments -A(3)(M), D(18), E(5), F) :
s• Staffing Plan
Were there any Staffing changes since last Quarter?
If answered"Yes;please submit the Updated Org. Chart. Yes F I No
Fair Housing (Attachment F)
Do you Certify that Subrecipient Name will "affirmativelyfurtherfairhousing" in its community?
This is a
condition for
Report a copyYes receipt ofSubmitwiththisoftheSurecipient's fair housing
resolution or ordinance. CDBG-MIT
Submit, in the box below, the name and contact Information funds.of the Subrecipient's Fair Housing Coordinator.
Provide a copy of the published Fair Housing Coordinator's
contact information from the newspaper where listed OR
provide, in the box below, the email address for the home page
of the Subrecipient's website.
Establish a system(spreadsheet)to log all fair housing calls and
submit to DEO GM on a quarterly basis.
Submit to DEO GM support documentation(as proof)for fair
housing activities conducted each quarter.
Submit to DEO GM a copy of the fair housing poster displayed in
the Subrecipient's office each quarter.
Subrecipient shall document its fair housing activities by
keeping photographs, newspaper articles,sign-in sheets
and copies of handouts in their CDBG-MIT project file and
include information about the activities in the comment
section of each QPR.
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Page 1709 of 3896
Name and contact information of Subrecipient's Fair
Housing Coordinator:
Email address for the Subrecipient's website home page.
Equal Employment Opportunity (EEO) (Attachment F)
Do you Certify that Subrecipient Name and the contractors, Yes I I This is a
subcontractors, subrecipients and consultants that it hires with condition for
CDBG-MIT funds will abide by the Equal Employment receipt of
Opportunity (EEO) Laws of the United States.? CDBG-MIT
Submit with this Report a copy of the Surecipient's EEO
funds.
resolution or ordinance.
Submit, in the box below, the name and contact information
of the EEO Coordinator.
Provide a copy of the published EEO Coordinator's contact
information from the newspaper where listed OR provide, in the
box below, the email address for the Subrecipient's website
home page.
Establish a system(spreadsheet)to log all EEO calls and submit
to DEO GM on a quarterly basis.
Submit to DEO GM the list of certified minority-owned business
enterprises(MBE)and women-owned business enterprises
WBE)that the Subrecipient uses to solicit bids on CDBG-MIT
funded construction activities.
The Subrecipient will keep all EEO information in their CDBG-
MIT project file as well as submitting the information on a
quarterly basis in the QPR.
Name and contact information of Subrecipient's EEO
Coordinator:
Email address for the home page of the Sub-
Recipient's website.
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Marion E.Fether Medical Center Hardening
Page 1710 of 3896
1606
Section 504 and the Americans with Disabilities ActADA) (Attachment F)
Do you Certify that Subrecipient Name provides access to all
federally funded activities to all individuals, regardless of
YES J
handicap? This is a
condition for
Submit with this Report a copy of the Subrecipients Section receipt of
504/ADA resolution or ordinance. CDBG-MIT
Submit, in the box below, the name and contact information El funds.of the Section 504/ADA Coordinator.
Provide a copy of the published Section 504/ADA Coordinator's
contact information from the newspaper where listed OR
provide, in the box below, the email address for the Subrecipient
website home page.
Establish a system(spreadsheet)to log all Section 504/ADA calls El
and submit to DEO GM on a quarterly basis.
The Subrecipient will keep all Section 504/ADA information in
their CDBG-MIT project file as well as submitting the
information on a quarterly basis in the QPR.
Name and contact information of Subrecipient's
Section 504/ADA Coordinator:
Email address for the home page of the Sub-Recipient's
website.
Section 3 (Attachments F, G(6))
Did Subrecipient Name and the contractors, subcontractors,
subrecipients and consultants that it hires, hire qualified low- Yes
and moderate-income residents for any job openings that exist
on CDBG-MIT-funded projects in the community?No
If answered"Yes';please submit a report addressing the
following.•
The total number of labor hours worked.
The total number of labor hours worked by Section 3
workers.
The total number of labor hours worked by Targeted Section
3 workers.
If Section 3 benchmarks are not met, the subrecipient s qualitative
efforts must be reported in a manner required by 24 CFR§75.25(b).
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Page 1711 of 3896
Construction Documentation (If Construction is part of the Project)
Is FULL Environmental Review completed and Approved?
Yes I No El
answered"Yes",please take photographs or video of all
activity locations prior to initiating any construction and submit
with your QPR. As the construction progresses, additional
photography or videography shall document the ongoing
improvements and be submitted quarterly.
Equipment Tracking (If Construction is part of the Project)
Any Equipment purchased specifically for this project? Yes n No
If answered"Yes';please submit an up-to-date Equipment
Inventory Tracking Log listing the current equipment inventory,
equipment service dates, etc. for monitoring purposes.
Estimated construction start date
MM/DD/YYYY
Estimated expenditure start date MM/DD/YYYY
Date Sub. is estimating submission of 1st Invoice to DEO.
This report was prepared by: Signature and date:
Collier Health Services,Inc.dba Healthcare Network
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Marion E.Fether Medical Center Hardening
Goo
Page 1712 of 3896
DocuSign En ve lope ID: D78248A2-2AF8-409D-B3B2-1 EFC8 DEC6C58
DEO Agreement No.:10162
State of Florida
Department of Economic Opportunity
F e derally Funde d
Community Developme nt Block Gr ant
Mitig ation Pr ogram (CDBG-MIT)
Subrecipi e nt Ag reem e nt
THIS SUBRECIPIENT AGREEMENT is entered into b y the State of Florida, Department of Economic
Opportunity, (hereinafter referred to as "D EO") and the Collier County Board of County Commissioners,
Florida hereinafter referred to as the "Subrecipient" (eac h individually a "Party" and collectively "the Parties").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLO\VJNG REPRESENTATIONS:
WHEREAS, pursuant to Public Law (P.L.) P.L. 115-123 Bipartisan Budge t Act of 2018 and Additional
Supplemental A ppropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20
Supplemental A ppropriations for Disaster Relief Requirements Act, 2019 (approved June 6, 2019), Division B,
Subdivision 1 of the Bipartisa n Budget Act of 2018, P .L. 115-56 , the "Continuing Appropriations Act, 2018" ;
and the requirements of the Federal Register (FR) notices entitled "Allocations, Common Application, Waivers,
and Alternative Requirements for Community Development Block Grant Ivlitigation Grantees", 84 FR 45838
(August 30, 2019) and "Allocations, Common A pplication, Waivers, and Alternative Requirements for
Community Development Block Grant Disaster Recovery Grantees" (C DBG Mitigation) 86 FR 561 Qanuary
6, 2021);(hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of
Housing and Urban Development 01ereinafter referred to as "HUD") has awarded Community Development
Block Grant-Mitigation (C D BG-MIT) fund s to DEO for mitigation activities authorized under Title I of the
Housing and Community Development Ac t of 19 74 (HCDA) (42 United States Code (U.S.C.) § 5301 et seq.)
and applicab le implementing regulations at 24 C.F.R. part 570 and consistent with the Appropriations Act.
WHEREAS, CDBG-MIT funds made available for u se by the Subrecipient under this Agreement
constitute a subaward of the DEO Federal award, the u se of which must be in accordance with requirements
imposed b y Federal statu te s, regulations and tl1e terms and conditions of D EO's Federal award.
WHEREAS, the Subrecipient ha s legal authority to enter into this Agreement and by signing this
Agreement, the Subrecipient represents and warrants to DEO tl1at it will comply witl1 all the requirements of
the subaward described herein.
WHEREAS, all CD BG-MIT activities carried out by the Subrecipient will: (1) meet the definition of
mitigation activities. For the purpose of this funding, mitigation activities are defined as those activities that
increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and
lo ss of property, and suffering and hardship, b y le sse ning the impact of future disasters; (2) address the current
and future risks as identified in DEO's Mitigation Needs Assessment of most impacted and distressed area(s);
(3) be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or alternative
requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a
Covered Project.
Page 1 of 5 8
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Page 1713 of 3896
DocuSign Envelope ID D78248A2-2AF8-409D-B3B2-1 EFC8DEC6C58
DEO Agreemen t No.:!0162
NOW THEREFORE, DEO and the Sub recipient agree to the following:
(1) SCOPE OF WORK
The Scope of \v'ork for this Agreement includes Attachment A, Project Description and Deliverables.
With respect to Attachment B, Project Budget, and Attachment C, Activity Work Plan, the Su brecipient shall
submit to DEO such Attachments in conformity with the current example s attached hereto as necessary and
appropriate. Provided further, if there is a disagreement between the Parties, with respect to the formatting and
contents of such attachments, then DEO's decisions with respect to same sh all prevail, at DEO's sole and
absolute discretion .
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
Subrecipient has diligently reviewed tl1is Agreement and is a sophisticated organization having experience
managing projects with funds made availab le through federal grants. Subrecipient is familiar \vith DEO's grant
agreement with HUD, has reviewed appli cable CDBG-MIT regulations and guidelines, will conduct, and will
ensure its activities are in compliance with DEO's grant agreement with HUD and all applicable CDBG-MIT
regulations and guidelines. Subrecipient agrees to abide by all applicable State and Federal laws , rules and
regulations as n ow in effect and as may be amended from time to time, including but not limited to, the Federal
laws and regulations set forth in 24 CFR Part 570, applicable Federal R egister Notices, the State's Action Plan,
and all applicable CD BG-MIT regulations and guidelines.
Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with these
provisions, as applicable: 45 CFR Part 7 5, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24 CFR Part
570 subpart I , et seq ., and all other applicable federal laws, regulations, and policies governing the funds provided
under this Agreement as now in effect and as may be amended from time to time.
(3) PERIOD OF AGREEMENT
This Agreement is effective as of tl1e date DEO executes this Agreement (the "Effective Date") and ends
forty-eight (48) months after execution by DEO, unless otherwise terminated as set forth herein.
(4) RENEWAL AND EXTENSION
This Agreement shall not be renewed. DEO shall not grant any extension of this Agreement unless the
Subrecipient provides justification satisfactory to DEO in its sole discretion and D EO's Director of the
Division of Community Development approves such extension in writing.
(5) MODIFICATION OF AGREEMENT
Modifications to tlus Agreement shall be valid only when executed in writing b y the Parties . A n y
modification request b y the Subrecipient constitutes a request to negotiate the terms of this Agreement. DEO
may accept or reject any proposed modification based on DEO's sole determination and absolute discretion,
that any such acceptance or rejection is in the State's best interest.
(6) RECORDS
(a) The Subrecipient's performance under this Agreement shall be sub ject to 2 CFR part 200 -
Uniform Administrative Requirements, Cost Princip les and Audit Requirements for Federal Awards as
now in effect and as may b e amended from time to time.
(b) Representatives of DEO, the Cluef Financial Officer of the State of Florida, the A uditor General
of the State of F lorida, tl1e F lorida Office of Program Policy Analysis and Government Accountability,
and representatives of the Federal government and their duly authorized representatives shall have access
to any of the Subrecipient's books, documents, papers and records, including electronic storage media, as
Page 2 of 58
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Page 1714 of 3896
DocuSign Envelope ID : D78248A2-2AF8-4D9D-B3B2-1 EFC8DEC6C58
DEO Agreement No.:10162
they may relate to this Agreement, for the purposes of conducting audits or examinations or making
excerpts or transcriptions.
(c) The Subrecipient shall maintain books, records, and documents in accordance with generally
accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of
funds provided b y DEO under diis Agreement.
(d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance
audits in accordance with Paragraph (7), Audit Requirements and Attachments I and J herein and ensure
that all related party transac tions are disclosed to the auditor.
(e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this
Agreement and the compliance of all subrecipients, contractors, subcontractors and consultants paid from
funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for
this award. The Subrecipient shall also comply with tl1e provisions of 24 CFR 570.493 and 24 CFR
570.502(a)(7)(ii). The Subrecipient shall further ensure that audit working papers are available upon
request for a period of six (6) years from the date DEO issues the final closeout of this Agreement, unless
extended in writing by D EO. The six-year period may be extended for the following reasons:
1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the
six-year period, in which case the records shall be retained until all litigation, claims or audit findings
involving tl1e records have been resolved.
2. Record s for the disposition of non-expendable personal property valued at $1,000 or more
at the time of acquisition shall be retained for six (6) years after final disposition.
3. Records relating to real property acquired shall be retained for six (6) years after the closing
on the transfer of title.
(f) The Subrecipient shall maintain all records and supporting documentation for the Subrecipient
and for all contractors, subcontractors and consultants paid from funds provided under diis Agreement,
including documentation of all program costs in a form sufficient to determine compliance with the
requirements and objectives of the scope of work and all other applicable laws and regulations.
(g) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate
bank account or (ii) ensure tl1at tl1e Subrecipient's accounting syste m shall have sufficient internal controls
to separately track the expenditure of all funds from this Agreement. Provided further, that the only option
available for advanced funds is to maintain such advanced funds in a separate bank account. There shall
be no commingling of funds provided under diis Agreement with any other funds, projects or programs.
D EO may, in its sole discretion, disallow costs made witl1 commingled funds and require reimbursement
for such costs as described herein, Subparagraph (22)(e), Repayments.
(h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and
consultants to be paid from funds provided under diis Agreement, shall allow access to its records at
reasonable times to representatives of D EO, the Chief Financial Officer of the State of Florida, the
Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government
Accountability or representatives of the Federal government or their duly authorized representatives .
"Reasonable" shall ordinarily mean during normal busines s hours of 8:00 a.m. to 5:00 p.m., local time,
Monday through Friday.
(7) AUDIT REQUIREMENTS
(a) The Subrecipient shall conduct a single or program-s pecific audit in accordance with the
provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in
Federal awards from all sources during its fiscal year.
(b) Witl1in sixty (60) calendar days of the clo se of Subrecipient's fiscal year, on an annual basis, the
Subrecipient shall electronically submit a completed A udit Compliance Certification to
audit@deo.myflorida.com, and D EO's grant manager; a blank version of which is attached hereto as
Attachment J . The Subrecipient's timely submittal of one completed Audit Compliance Certification for
each applicable fiscal year will fulfill tlus requirement within all agreements (e.g., contracts, grants,
Page 3 of 58
DocuSign Envelope ID: D78248A2-2AF8-4D9D-B3B2-1EFC8DEC6C58
Page 1715 of 3896
DocuSign Envelope ID: D78248A2-2AF8-4D9D-B3B2-1 EFC8DEC6C58
DEO Agreement No .:!0162
memorandums of understanding, memorandums of agreement, economic incentive award agreements,
etc.) between DEO and the Subrecipient.
(c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the
Subrecipient shall send an electronic copy of its audit report to DEO's grant manager for this Agreement
by June 30 following the end of each fiscal year in which it had an open CDBG-MIT subgrant.
(d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives, including
but not limited to the pertinent Report Submissions provisions of 2 C.F.R 200.512, when such provisions
are applicable to this Agreement.
(8 ) RE PORTS
Subrecipient shall provide DEO with all reports and information set forth in Attachment G, Reports. The
monthly reports and administrative closeout reports must include the current status and progress of
Subrecipient and all subcontractors in completing the work described in Attachment A, Scope of Work, and
the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO, Subrecipient
shall provide additional program updates or information. Without limiting any other remedy availab le to DEO,
if all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO,
payments may be withheld until the reports are completed to DEO's satisfaction . DEO may also take other
action as stated in Paragraph (13) Remedies or otherwise allowable by law.
(9) IN SP E CTI ONS AND MONIT ORING
(a) Subrecipient shall cooperate and comply with DEO, HUD, and auditors with any inspections and
will immediately provide access to records and financial statements as deemed necessary by DEO, HUD,
and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR
570.489.
(b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by
DEO to ensure that the subaward is used for authorized purposes in compliance with federa l statutes,
regulations, and this Agreement.
(c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring
procedures will include at a minimum: (1) reviewing financial and performance reports required by DEO;
(2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies
pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site
reviews and other means; and (3) issuing a management decision for audit findings pertaining to this
Federal award provided to Subrecipient from DEO as required b y 2 CFR §200.521.
(d) Corrective Actions: DEO may issue management decisions and may consider taking enforcement
actions if noncompliance is detected during audits . DEO may require Subrecipient to take timely and
appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the
pass-through entity as detected through audits, on-site reviews and other means. In response to audit
deficiencies or other findings of noncompliance with this agreement, DEO may in its sole discretion and
without advance notice, impose additional conditions on the use of the CDBG-MIT funds to ensure
future compliance or provide training and technical assistance as needed to correct noncompli ance. DEO
may also take other action as stated in Paragraph (13 ) Remedies or otherwise allowable by law.
(10) D U PLICATI ON O F B EN EFITS
Subrecipient shall not carry out any of the activities under this Agreement in a manner that res ults in a
prohibited duplication of benefits as defined b y Section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 19 74 (42 U.S.C. 5155 et seq.) and described in Appropriations Acts. Subrecipient
must comply with HUD's requirements for duplication of benefits, as described in the Federal Register and
HUD guidance (including HUD training materials). Subrecipient shall carry out th e activities under this
Agreement in compliance with DEO's procedures to prevent duplication of benefits. Subrecipient shall sign a
Subrogation Agreement (See Attachment M).
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(11) LIABILITY
(a) If Subrecipient is a state agency or subdivision, as define d in Section 768.28(2), F.S., pursuant to
Section 7 68.28 (19), F.S., neither Party indemnifies nor insure s or assumes any liability for the other Party
for the other Party's negligence.
(b ) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with
or employs to carry out the terms of this Agreement to the extent set forth in Section 768 .28, Florida
Statutes . Subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work
and services performed by third parties under this Agreement. For purposes of this Agreement,
Subrecipient agrees that it is not an employee or agent of DEO but is an independent contractor.
(c) Subrecipient agrees to be full y re s ponsible for its negligent or tortious acts or omissions, which
result in claims or suits against D E O. Subrecipient agrees to be liable for any damages proximately caused
by the acts or omissions to the extent set forth in Section 768.28, F.S. Nothing herein shall be construed
as consent by DEO to be sued by third parties in any matter arising out of any agreement, contract or
subcontract.
(d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the
Subrecipient.
(12) EVENTS OF DEFAULT
If any of the following events occur ("Events of Default"), DEO may, in its sole and absolute discr etion,
elect to terminate any obligation to make any further payment of funds, exercise any of the remedies available
through this Agreement or pursue any remedy at law or in equity, without limitation :
(a) Any warranty or representation made by Su b recipient, in this Agreement or any previous
agreement with DEO, is or becomes fal se or misleading in any respect, or if Subrecipient fails to keep or
perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with
DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its
obligations under this Agreement and/ or as required b y statute, rule, or regulation;
(b) Any material adverse change occurs in the financial condition of Subrecipient at any time during
the term of this Agreement and the Subrecipient fail s to cure this adverse change within thirty (30) calendar
days from the date written notice is sent b y DEO;
(c) If Subrecipient fails to submit any required report or submits any required report with incorrect,
incomplete, or insufficient information or fail s to submit additional information as requested by D E O;
(d) If Subrecipient fail s to perform or timely complete any of its obligations under this Agreement,
including participating in DEO's Implementation Workshop . The Parties agree that in the event DEO
elects to make payments or partial payments after any Events of Default, it does so without waiving the
right to exercise any remedies allowable herein or at law and without becoming liable to make any further
payment.
(e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement
if such delay or failure is neither the fault nor the neglige nce of the Party or its employees or agents and
the d elay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar
cause wholly beyond tl1e Party's control or for any of the foregoing that affects subcontractors or suppliers
if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the
Party shall take all reasonable measures to mitigate any and all resulting delay or dismption in the Party's
performance obligation under this Agreement. If tl1e delay is excusable under this paragraph, the delay will
not result in any additional charge or cost under tl1e Agreement to eitl1er Party. In the case of any delay
the Subrecipient believes is excusab le under tlus paragraph, Subrecipient sha ll notify DEO in writing of
the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar d ays
after the cause that creates or will create the delay first aro se, if Subrecipient could reasonably foresee that
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a delay could occur as a result or (2) within five (5) calendar days after the date Subrecipient first had reason
to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING
SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such
remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will
notify Subrecipient of its decision in writing. No claim for damages, other than an extension of time, shall
be asserted against DEO. Subrecipient shall not be entitled to an increase in tl1e Agreement price or
payment of any kind from DEO for dir ect, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency arising because of delay,
disruption, interference or hindrance from any cause whatsoever. If performance is suspended or delaye d,
in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to
exist, Subrecipient shall perform at no increase d cost, unless DEO determines, in its sole discretion, that
the delay will significantly impair the value of tl1e Agreement to DEO or tl1e State, in which case, DEO
may do any or all of the following: (1) accept allocated performance or deliveries from Subrecipient,
provided that Subrecipient grants preferential treatment to DEO with respect to products or
services subjected to allocation; (2) purchase from other sources (without recourse to and by Subrecipient
for tl1e related costs and expenses) to replace all or part of tl1e products or services that are the subject of
the delay, which purchases may be deducted from the Agreement quantity or (3) terminate the Agreement
in w h o le or in part.
(13) REMEDIES
If an Event of Default occurs, DEO may in its sole discretion and without limiting any other right or
remedy available, provide thirty (30) calendar days written notice to the Subrecipient and if the Subrecipient
fails to cure witl1in tl1ose thirty (30) calendar days DEO may choose to exercise one or more of the following
remedies, eitl1er concurrently or consecutively:
(a) Terminate this Agreement upon written notice b y DEO sent in conformity with Paragraph (17)
Notice and Contact;
(b) Begin any appropriate legal or equitable action to enforce performance of thi s Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs
under tlus Agreement or any applicable law, rule or regulation governing the u se of the funds; and
(e) Exercise any corrective or reme dial actions, including but not limited to:
1. Request additional information from the Subrecipient to determine the reasons for or the
extent of non-compliance or lack of performance;
2. I ss ue a written warning to advise that more serious measures may be taken if the situation is
not corrected; and/ or
3. Advise the Subrecipient to suspend , discontinue or refrain from incurring costs for any
activities in ques tion.
(f) Exercise any other rights or remedies wluch may be otherwise available under law.
Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this
Agreement or provided at law or in equity. Failure to exercise any right or remedy in tlus Agreement or
failure b y DEO to require strict performance does not affect, extend or waive an y other right or remedy
available or affect the later exercise of the same right or remedy by DEO for any other default by the
Su brecipient.
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(14) DISPU T E RE SOLUTI ON
DEO shall decide disputes concerning the performance of the Agreement, and document dispute
decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclu sive unless the
Subrecipient files a petition for administrative hearing with DEO within twenty-one (21) days fro m the date of
receipt of th e decision. Exhaustion of administrative remedies prescribed in Chapter 120, F.S., is an absolute
condition precedent to Subrecipient's ability to pursue any other form of dispute resolution; provid ed however,
that the Parties may mutually agree to employ the alternative di spute resolution procedures outlined in C h apter
120, F.S.
(15) CITIZ EN COMPLAINT S
The goal of DEO is to provide an opportunity to resolve complaints in a timely manner, us u ally within
fifteen (15) business days of the receipt of the complaint as e..-xpected by HUD , if practicable, and to provide
the right to participate in the process and appeal a decision when there is reason for an applicant to believe its
application was not handled according to program policie s. All applications, guidelines and websites will inclu de
details o n the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal.
Appli cants are allowed to appeal program decisions related to one of the following activities:
(a) A program eligibility determination,
(b) A program assistance award calculation, or
( c) A program decision concerning housing unit damage and the resulting program outcome.
Citizens may file a written complaint or appeal through the Office of Long-Term Resiliency email at
CDBG-DR@deo.myflorida.com or submit by postal mail to the fo ll owing address:
Attention: Office of Long-Term Resiliency
Florida Department of Economic Opportunity
107 East Madison Street
The Caldwell Building, MSC 400
Tallahassee, Florida 32399
The subrecipient will handle citizen complaints by conducting:
(a) Investigations as necessary,
(b) Resolution, and
(c) Follow-up actions.
If the complainant is not satisfied by Sub recipient's determination, then the complainant may fi l e a wri tten
appeal by fo ll owing the instructions issued in the letter of response. If, at the conclusion of th e appeals
process, the complainant has not been satisfied with the response, a formal complaint may then b e
addressed directly to DEO at:
Department of Economic Opportunity
Caldwell Building, MS C-400
107 E Madison Street
Tallahassee, FL 32399
The Florid a Office of Long-Term Resiliency operates in Accordance with the Federal Fair Housing Law (The
Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated against may fi l e
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a complaint of housing di scrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or
www.hud.gov/ fairhou sing .
(16) TERMINATION
(a) D EO may immediately suspend or terminate this Agreement for cause by providing written
notice, from the date n otice is sent by D EO . Cause includes, but is not limited to: an Event of Default
as set forth in this Agreement; Subrecipient's improper or ineffective u se of funds provided under this
Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, exec utive orders,
HUD guidelines, policies, directives or laws; failure, for an y reason, to timely and/ or properly perform
any of the Subrecipient's obligations under this Agreement; sub.mission of reports that are incorrect or
incomplete in any material respect and refusal to permit public access to any document, paper, letter or
other material subject to disclosure under law, including Chapter 119, F.S., as amended. The
aforementioned reason s for termination are li sted in the immediately prece ding sentence for illustration
purposes but are not limiting DEO 's sole and absolute discretion with respec t to DEO's right to terminate
this Agreement. In the event of suspension or termination, Subrecipient shall not be entitl ed to recover
any cancellation charges or unreimbursed costs.
(b ) D EO may unilaterally terminate tlus Agreement, in whole or in part, for convenience b y providing
Subrecipient fourteen (14) days written notice from the date notice is sent b y DEO, se tting forth the
reasons for such termination, the effective date and, in the case of partial termination, tl1e portion to be
terminated. However, if in the case of partial termination, DEO deter.mines tl1at the remaining portion
of the award will not accomplish the purpose for which the award was made, DEO may terminate the
portion of the award which will not accomplish the purpose for which the award was made. Subrecipient
sh all continue to perform any work not terminated. In the event of termination for convenience,
Subrecipient shall not b e entitled to recover any cancellation charges or unreimburse d costs for th e
terminated portion of work.
(c) The Partie s may terminate thi s Agreement for their mutual convenience in writing, in the manner
agreed upon b y the Parties, which must include the effective date of the termination.
(d) In the event that this Agreement is terminated, Subrecipient shall not incur new obligations under
the terminated portion of tl1e Agreement after tl1e date Subrecipient has received the notification of
termination. Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow
all costs incurred after Subrecipient's receipt of the termination notice . D E O may, to the extent
authorized b y law, withhold payments to Subrecipient for the purpose of set-o ff until the exact amount
of damages due to D EO from Subrecipient is deternuned .
(e) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEO any
CDBG-MIT funds on hand at the time o f expiration or termination and any accounts receivable
attributable to the u se of CD BG-MIT funds.
(f) Any real property under Subrecipient's control that was acquired or improved in w hole or in part
with CD BG-M IT funds (including CD BG-MIT fund s provided to the subrecipient in the form of a loan)
in excess of $25,000 must either:
1. Be used to mee t a national objective until fi ve yea rs after expiration or termination of this
Agreement, unless otherwise agreed upon b y tl1e Parties, or except as otherwise set forth herein; or
2. If not u se d to meet a national objective, Subrecipient shall pay to DEO an amount equal to the
current market value of the property less any portion of the value attributable to expenditures of non-
CDBG-MIT fund s for the acquisition or improvement of tl1e property for five years after expiration
or termination of this Agreement.
(g) The rights and remedies under thi s clause are in addition to any other rights or remedies provided
by law or under tlus Agreement.
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(17) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this A greement shall be in writing, either by hand
delivery, first class or certified mail with return receipt requested, email with confirmation of receipt of
email from Subrecipient, to the representative identified below at the address set forth below or said
notification attached to the original of this Agreement.
(b) The name and address of DEO's Grant Manager for this Agreement is:
Anna Kurtz
107 E. Madison St
Tallahasee, Florida 32399
Phone: 850-717 -8464
Email: Anna.kurtz@deo.myflorida.com
(c) The name and address of the Local Government Project Contact for this Agreement is:
Maria Kantaras
3339 East Tamiami Trail Suite 211
Naples, Fl 34112
Phone: 239-252-6141
Email: Maria.kantaras@colliercountyfl.gov
(d) If different representatives or addresses are designated b y either Party after execution of this
Agreement, notice of the name, title and address of the new representative will be provided as provided
for in this Agreement. Such change shall not require a formal amendment of the Agreement.
(18) CONTRACTS
If tl1e Subrecipient contracts any of ilie work required under this Agreement, a copy of the proposed
contract template and any proposed amendments, extensions, revisions, or other changes iliereto, must be
forwarded to the DEO grant manager for prior written approval. For each contract, tl1e Subrecipient shall
report to DEO as to whether iliat contractor or any subcontractors hired by the contractor, is a minority
vendor, as defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement standards in
2 CFR §200.318 - §200 .327and §200.330 when procuring property and services under this Agreement (refer to
Attachments D & E ).
The Subrecipient shall include ilie following terms and conditions in any contract pertaining to ilie work
required under tlus Agreement:
(a) the period of performance or date of completion;
(b) the performance requirements;
(c) that the contractor is bound by the terms of tlus Agreement;
(d) that the contractor is bound by all applicable State and Federal laws, rules, and regulations;
(e) that tl1e contractor shall hold DEO and Subrecipient harmless against all claims of whatever nature
arising out of the contractor's performance of work under this Agreement;
(f) the obligation of ilie Subrecipient to document in Subrecipient's reports the contractor's progress in
performing its work under this Agreement;
(g) ilie requirements of 2 CFR Appendix II to Part 200 -Contract Provision for Non-Federal Entity
Contract Under Federal Awards -(refer to Attachment L)
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Subrecipient must comply with CDBG regulations regarding debarred or suspended entitles (24 CFR
570.489(1)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and
provisions addressing bid, payment, performance bonds, if applicable, and liquidated damages .
Subrecipient shall maintain oversight of all activities p erformed under this Agreement and shall ensure that its
contractors perform according to the terms and conditions of the procured contracts or agreements and the
terms and conditions of this Agreement.
(19) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties. There are no provisions,
terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes
all previous understandings. No waiver b y D EO may b e effective unless made is writing b y an authorized DEO
official.
(20) ATTACHMENTS
(a) If any inconsistencies or conflict between the language of thi s Agreement and the attachments
arise, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(b) This Agreement contains the following attachments:
A ttachment A -Project Description and Deliverables
A ttachment B -Project Budget (Example)
Attachment C -Activity Work Plan (Example)
Attachment D -Program and Special Conditions
Attachment E -State and Federal Statutes, Regulations and Policies
Attachment F -Civil Rights Compliance
Attachment G -Reports
Attachment H -Warranties and Representations
Attachment I -A udit Requirements Exhibit 1 to Attachment I -Funding Sources
Attachment J -A udit Compliance Certification
A ttachment K -SERA Access A uthorization Form (fo rm prov ided after execution of this
agreement)
Attachment L -2 CFR Appendix II to Part 200
Attachment M -Subrogation Agreement
(21) FUNDING/CONSIDERATION
(a) The funding for thi s Agreement shall not exceed Two Hundred Sixteen Thousand Five Hundred
Fifty-Two Dollars and Zero Cents ($2 16,552.00) su bject to the availability of funds. The State of F lorida
and D E O's performance and obligation to pay under this Agreement is contingent upon annual
appropriations by the Legi slature and subject to any modification in accordance with Chapter 216, F.S. or
the Florida Constitution.
(b) DEO will provide fund s to Subrecipient b y iss uing a Notice of Subgrant Award/Fund Availability
("NFA") through DEO's financial management information system. Each NFA may contain specific
terms, conditions, assurances, restrictions or other instructions applicable to the funds provided by the
NFA. By accepting fund s made available through an NFA, Subrecipient agrees to comply with all terms,
conditions, assurances, restrictions or other instructions li sted in the NFA.
(c) By execution of this Agreement, Subrecipient certifies that necessary written administrative
procedures, processes and fi scal controls are in place for the operation of its CDBG-MIT program for
which Subrecipient receives funding from D E O. These written administrative procedures, processes and
fiscal controls must, at minimum, comply with applicable state and federal law, rules, regulations, guidance
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and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of
Attachment D, Program and Special Conditions.
(d) Subrecipient shall expend fund s only for allowable costs and eligib le activities, in accordance with
the Scope of Work.
(e) Subrecipient sh all request all funds in the manner presc ribed by DEO. The authorized signatory
for the Subrecipie nt se t forth on the SERA Access Authorization Form must approve the submission of
each Request for Funds ("RFF") on behalf of Subrecipient. SERA Access Authorization Form will be
provided after the execution of this Agreement.
(f) Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for
eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding
with CDBG-MIT funds.
(g) If the necessary funds are not availab le to fund this Agreement as a result of action by the United
States Congress, the Federal Office of Management and Budget, the F lorida Legislature, the State Chief
F inancial Officer or under Subparagraph (2 3), Mandated Conditions of this Agreement, all obligations on
the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit
its administrative closeout report and subgrant agreement closeout package as directed by DEO within
thirty (30) calendar days from r eceipt of notice from DEO.
(h) Subrecipient is ultimately responsible for the administration of this Agreement, including
monitoring and oversight of any person or entity retained or hired by Subrecipient.
(i) A ll expenditures under this Agreement shall be made in acco rdance with this Agreement and any
applicable state or federal statutes, rules, or regulations .
G) F unding for this Agreement is appropriated under Public Law 115-254, Division I , the
"Supplemental Appropriations for Disaster R elief Act, 2018" and Public Law 116 -20, the "Additional
Supplemental .Appropriations for Disas ter Relief ,\.ct, 2019 " for the purpose of assisting in long-term
recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq., (the "Stafford Act").
(k) CDBG-MIT funds, appropriated and identified b y Public Law, are governed b y one or more
Federal Register notices that contain requirements, applicable waivers, and alternative requirements that
apply to the use of these funds.
(22) REPAYMENTS
(a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from
obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors,
subcontractors, and consultants o nly expend funding under this Agreement for allowable costs resulting
from obligations incurred during the Agreement period.
(b) In accordance with Section 215.97 1, F.S., Subrecipient shall refund to D EO any unobliga t ed
funds which have been advanced or paid.
(c) Su brecipient sh all refund to DEO any funds paid in excess of the amount to which the
Subrecipient or its contractors, su b contractors or consultants are entitled under the terms and conditions
of this Agreement.
(d) Subrecipient shall refund to DEO any funds received for an activity if tl1e activity does not meet
one of the three National Objectives li sted in 24 CFR § 570.483(6), (c) and (d); provided, however, the
Subrecipient is not required to repay funds for subgrant administration unless DEO, in its sole discretion,
determines Subrecipient i s at fault for the ineligibility of the activity in question.
(e) Subrecipien t shall refund to D E O any funds n ot spent in accordance with the conditions of this
Agreement or applicable law . Such reimbursement shall be sent to DEO, b y the Subrecipient, within
thirty (30) calendar days from Subrecipient's receipt of notification of such non-compliance.
(f) In accordance with Section 215 .34(2), F.S., if a chec k or other draft is returned to DEO for
collection, the Subrecipient shall pay to DEO a service fee of $15.00 or five percent of the face amount
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of the returned check or draft, whichever is greater. All refunds or repayments to be made to DEO under
this Agreement are to be made payable to the order of "Department of Economic Opportunity" and
mailed directly to DEO at the following address:
Department of Economic Opportunity
Community Development Block Grant Programs Cashier
10 7 East Madison Street-MSC 400
Tallahassee, Florida 32399-6508
(23) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations and materials submitted or provided by the Subrecipient in tlus Agreement, in any later
submission or response to a DEO request or in any submission or response to fulfill the requirements of
this Agreement. All of said information, representations and materials are incorporated h erein by
reference.
(b) This Agreement shall be construed under the laws of the State of Florida and venue for any
actions arising out of tlus Agreement shall be in the Circuit Court of Leon County. The Parties explicitly
waive any right to jury trial.
(c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is
unenforceable, tl1en that provision shall be null and void only to the extent of the conflict or
unenforceability, and that provision shall be severable from and shall not invalidate any other provision
of this Agreement.
(d) Any power of approval or disapproval granted to DEO under the terms of tlus Agreement shall
survive the term of tlus Agreement.
(e) This Agreement may be executed in any number of counterparts, any one of w luch may be taken
as an original.
(f) Subrecipient shall comply with all applicable local, state and federal laws, including the Americans
With Disabilities Act of 1990, as amended; the Florida Civil Rights Act, as amended, Chapter 760, Florida
Statutes; Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C. § 12101 et seq.)
and laws which prohibit discrinunation b y public and private entities on in employment, public
accommodations, transportation, state and local government services and telecommunications.
(g) Pursuant to Section 28 7 .1 33 (2)(a), F.S., a person or affiliate, as defined in Section 287.133(1 ), F.S.,
who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid, proposal or reply on a contract to provide any goods or services to a public entity; may not
submit a bid, proposal or reply on a contract with a public entity for the constmction or repair of a public
building or public work; may not submit bids, proposals or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under
a contract with any public entity; and may not transact business with any public entity in excess of thirty-
five tl10usand dollars ($35,000) for a period of thirty-six (36) months following tl1e date of being placed
on the convicted vendor list. By executing tlus Agreement, tl1e Subrecipient represents and warrants that
neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose
if it or any of its affiliates is placed on the convicted vendor list.
(h) Pursuant to Section 287.134 (2)(a), F.S., an entity or affiliate, as defined in Section 287.134(1 ), who
has been placed on the discrinunatory vendor list may not submit a bid, proposal or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract
with a public entity for the construction or repair of a public building or public work; may not submit
bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform
work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and
may not transact business with any public entity. By executing tlus Agreement, the Subrecipient represents
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and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The
Subrecipient shall disclo se if it or any of its affiliates is placed on the discriminatory vendor list.
(i) All bills for fee s or otl1er compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-au dit and post-audit thereof.
G) In the event travel is pre-approved by DEO, any bills for travel expenses shall be submitted and
reimbursed in accordance witl1 Section 112.061, F.S., the rules promulgated thereunder and 2 CFR §
200.474.
(k) If Subrecipient is allowed to temporarily invest any advances of fund s under tlus Agreement, any
interest income shall eitl1er be returned to DEO or be applied against DEO's obligation to pay the
Agreement award amount.
(1) Subrecipient acknowledges being subject to Florida's Government in tl1e Sunshine Law (Section
286.0 11 , F.S.) with respect to the meetings of Subrecipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. Subrecipient agrees that all such
aforementioned meetings shall be publicly noticed, open to the public and the minutes of all the meetings
shall be public records made availab le to the publi c in accordance with Ch apter 119, F.S.
(m) Subrecipient shall comply with section 519 of P. L. 101-144, the Department of Veterans Affairs
and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990; and section
906 of P.L. 101 -625, ilie Cranston-Gonzalez National A ffordable Housing Act, 1990, by having, or
adopting witlun ninety (90) days of execution of tlus Agreement, and enforcing, the following:
1. A policy prohibiting the use of excessive force b y law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is tl1e subject of such non-violent civil rights demonstrations
witlun its jurisdiction.
(n) Upon expiration or termination of tlus Agreement, Subrecipient shall transfer to DEO any
CDBG-MIT fund s remaining at tl1e time of expiration or termination, and any accounts receivable
attributable to the use of CD BG-MIT funds.
(24) LOBBYING PROHIBITION
(a) No fund s or oilier resources received from DEO under tlus Agreement may be used directly or
indirectly to influence legislation or any other official action b y the Florida Legislature or any state agency.
(b) The Subrecipient certifies, by its signature to tlus Agreement, tl1at:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Subrecipient, 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, tl1e making of any federal grant,
the making of any general 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;
2. If any funds otl1er 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 tlus Federal contract, grant, loan or cooperative agreement, the Subrecipient shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance witl1 its
instructions; and
3. Subrecipient shall require tl1at this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants and contracts under grants, lo ans, and
cooperative agreements) and that all subrecipients shall certify and disclose as described in this
Agreement. Tlus certification is a material representation of fact upon w hich reliance was placed
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w h en this transaction was made or entered into. Submiss ion of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than ten thousand dollars
($10 ,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
(25) COPYRIGHT, PATENT AND TRADEMARK
Any and all patent rights accruing under or in connection with the performance of this Agreement are
hereby re served to the State of Florida. Any and all copyrights accruing under or in connection with the
performance of this Agreement are hereby transferred by Subrecipient to the State of Florida.
(a) If the Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this Agreement expressly provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery
or invention to DEO for a determination w h etl1er the State of Florida will seek patent protection in its
name. Any patent rights accruing under or in connection with tl1e performance of this Agreement are
reserved to the State of F lorida. If any books, manuals, films or other copyrightable material are produced,
Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance
under this Agreement are transferred b y the Subrecipient to the State of Florida.
(c) Within thirty (3 0) calendar days of execution of this Agreement, Subrecipient shall disclose all
intellectual properties relating to the performance of this Agreement which give rise to a patent or
copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property
which i s so disclosed . Failure to disclose will indicate that no such property exists, and DEO shall have
the right to all patents and copyrights w hich accrue during performance of this Agreement.
(26) LEGAL AUTHORIZATION
(a) Subrecipient certifies that it has the legal authority to receive tl1e funds under this Agreement
and that its governing body has auiliorized ilie execution and acceptance of tlus Agreement. Subrecipient
certifies iliat ilie undersigned person has the authority to lega lly execute and bind the Subrecipient to the
terms of this Agreement. DEO may, at its discretion, request documentation evidencing the undersigned
has authority to bind Subrecipient to this Agreement as of ilie date of execution; any such documentation
i s incorporated h erein b y reference.
(b) Prior to the execution of this Agreement, Subrecipient warrants iliat, to ili e best of its knowledge,
there is no pending or threatened action, proceeding, investigation or any other legal or financial condition
that would in any way prohibit, restrain or diminish Subrecipient's ability to satisfy its obligations.
Subrecipient shall in1mediately notify DEO in writing if its ability to perform i s compromised in any
manner during ilie term of this Agreement.
(27) PUBLIC RECORD RESPONSIBILITIES
(a) In addition to Subrecipient's responsibility to directly respond to each request it receives for
records, in conjunction wiili this Agreement and to provide the applicable public records in response to
such request, Subrecipient shall notify DEO of tl1e receipt and content of all such requests by sending an
email to PRRequest@deo.myflorida.com wiiliin one (1) business day from receipt of the request.
(b) Subrecipient shall keep and maintain public records required by D EO to perform the
Subrecipient's responsibilities hereunder. Subrecipient sh all , upon request from DEO's custodian of
public records, provide DEO with a copy of the requested records or allow ilie records to be insp ected
or copied within a reasonable time at a cost iliat does not exceed ilie cost provided b y Chapter 119 , F.S.,
or as otherwise provided b y la w. Subrecipient shall allow public access to all documents, papers, letters
or other materials made or received b y the Subrecipient in conjunction with this Agreement, unless the
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records are exempt from Article I, Section 24(a) of the F lorida Constitution and Section 119.07 (1), F.S.
For records made or received b y Subrecipient in conjunction with this Agreement, Subrecipient shall
respond to requests to inspect or copy such records in accordance with Chapter 119, F.S . For all such
requests for records that are public records, as public records are defined in Section 119.011, F.S.,
Subrecipient shall be responsible for providing such public records per the cost structure provided in
Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise
provided b y law .
(c) This Agreement may be terminated by DEO for refusal b y Subrecipient to comply with Florida's
public records laws or to allow public access to any public record made or received by the Subrecipient in
conjunction with this Agreement.
(d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section
119 .0701 (1 )(a), F.S. ("S ubrecipient-contractor"), the Subrecipient-contractor shall transfer to DEO, at no
cost to DEO, all public records upon completion including termination, of this Agreement or keep and
maintain public records required by DEO to perform the service. If Subrecipient-contractor transfers all
public records to the public agency upon completion of this Agreement, Subrecipient-contractor shall
destroy any duplicate public record s that are exempt or confidential and exempt from public records
disclosure requirements. If Subrecipient-contractor keep s and maintains public records upon completion
of the Agreement, the Subrecipient-contractor shall meet all applicable requirements for retaining public
records in accordance with Chapters 119 and 257, F.S. All records stored electronically must be provided
to DEO, upon request from DEO 's custodian of public records, in a format that is compatible with the
information technology systems of DEO.
(e) IfDEO does not possess a record requested through a public records request, DEO shall notify
Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must
provide the records to D E O or allow the record s to be inspected or copied within a reasonable time, but
in all cases within fourteen busines s days . If the Subrecipient-contractor does not comply with DEO's
request for records, DEO shall enforce the provisions set forth in this Agreement. Subrecipient-
contractor who fails to provide public records to DEO within a reasonable time may be subject to
penalties under Section 119.10, F.S.
(£) Subrecipient shall notify DEO verbally within twenty-four (2 4) hours and in writing within
seventy-two (72) hours if any data in the Subrecipient's posses sion related to this Agreement is subpoenaed
or improperly used, copied or removed (exce pt in the ordinary course of business) by anyone except an
authorized representative of DEO. Subrecipient shall cooperate with DEO, in taking all steps as DEO
deems advisable, to prevent misuse, regain possession or othe1wise protect the State's rights and the data
sub ject's privacy.
(g) Subrecipient acknowledges D E O is subj ect to the provisions of Chapter 119, F.S., relating to
public records and that reports, invoice s and other documents Subrecipient submits to DEO under this
Agreement constitute public records under F lorida Statutes. Subrecipient shall cooperate with DEO
regarding DEO's efforts to comply with the requirements of Chapter 119, F.S.
(h) If Subrecipient submits records to DEO that are confidential and exempt from public disclosure
as trade secrets or proprietary confidential business information, such records sh ould be identified as such
by Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from
the requirements of Chapter 119, F.S., prior to submittal of the record to DEO se1ves as the Subrecipient's
waiver of a claim of exemption. Subrecipient sh all ensure public records that are exempt or confidential
and exempt from public records disclo sure requirements are not disclosed except as authorized by law for
the duration of this Agreement term and following comp letion of this Agreement if the Subrecipient-
contractor does not transfer the records to DEO upon completion, including termination, of this
Agreement.
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(i) I F SUBRECIPIENT-CONTRACTOR HAS QUESTIONS
REGARDING T HE APPLICATION O F CHAPTER 119, FLORIDA
STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at
850-245-7140, via e mail at PRRequest@deo.myflorida.com, or by mail at
Department of Economic Opportuni ty , Public Records Coordinator, 107
E ast Madi s on Str e et, Caldw ell Building , T all ahassee , Florid a 32399-4128.
G) To the extent allowable b y law, Subrecipient shall be full y liable for the actions of its agents,
employees, partners, contractors and subcontractors and shall full y indemnify, defend, and hold harmless
the State and DEO, and their officers, agents and employees, from suits, actions, damages, and costs of
every name and description, including attorneys' fees, arising from or relating to p u blic record requests or
public record law violation(s), allege d to be caused in whole or in part b y the Subrecipient, its agents,
employees, partners, contractors or subcontractors, provided, however, Subrecipient does not indemnify
for that portion of any costs or damages proximately caused b y the negligent act or omission of the State
or DEO. DEO, in its sole di sc retion, ha s the right, but not the obligation, to enforce this indemnification
provision.
(k) DEO does not endorse any Subrecipient, commodity, or service. Subject to Chapter 11 9, F.S.,
Subrecipient shall not publicly disseminate any information concerning th.is Agreement without prior
written approval from DEO, including, but not limited to, mentioning this Agreement in a press release
or oth er promotional material, identifying DEO or the State as a reference, or otherwise linking
Subrecipient's name and either a description of the Agreement or the name of DEO or the State in any
material published, either in print or electronically, to any other entity that is not a Party to this Agreement,
except potential or actual employees, agents, representatives or subcontractors with the professional skills
necessary to perform the work services required by the Agreement.
0) Subrecipient shall comply with the requirements se t forth in Section 119 .0701, F.S., when entering
into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall
amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective
Date of this Agreement and which contract will or may be funded in whole or in part with any public
funds. DEO may terminate this Agreement if the Subrecipient does not comply with this provision.
(28 ) E MPLOYMEN T ELI GIB ILI TY VE RIFICATI ON
(a) Section 448.095, F.S., requires the fo ll owing:
1. Every public employer, contractor, and subcontractor shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees. A public employer,
contractor, or subcontractor may not enter into a contract unless each party to the contract registers
with and uses the E-Verify system.
2. A private employer shall, after making an offer of employment which has been accepted
by a person , verify suc h person's employment eligibility. A private employer is not required to verify
the employment eligibility of a continuing employee hired before January 1, 2021. However, if a
person i s a contract employee retained b y a private emp loyer, the private employer must verify the
employee's employment eligibility upon the renewal or extension of his or her contract.
(b) E-Verify is an Internet-base d sys tem that allows an employer, u sing information reported on
an employee's Form I -9, E mployment Eligibility Verification, to determine the eligibility of all new
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employees hired to work in the United States. T h ere is no charge to employers to u se E-Verify. T h e
Department of Homeland Securi ty's E-Verify system can be found at:
https://www.e-verify.gov/
( c) If the Recipient does not u se E-Verify, the Recipient shall enroll in the E-Verify system prior
to hiring any n ew employee or retaining any contract employee after the effective date of this Agr eement.
(29) PROGRAM INCOME
(a) The Subrecipient shall report to DEO all program income (as defined at 24 CFR § 570.500(a) or
in the Federal R egister Guidance governing the CDBG-MIT funds) generated by activities carried o ut
with CDBG-MIT fund s made available under this Agreement as part of the Subrecipient's Quarterly
Progress Report. The Subrecipient shall u se program income in accordance with the applicable
requirements of 2 CFR part 200, 24 CFR part 570.489, 570.500 , 570.504 and the terms of this Agreement.
(b) Program income generated after closeout shall be returned to DEO. Program income generated
prior to closeout shall be returned to DEO unles s the program income i s used to fund additional units of
CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to
administrative clo seout.
(30) NATIONAL OBJECTIVES
A ll activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's
National Objectives. The Subrecip ient certifies that the activities carried out under this Agreement shall meet
the following national objectives and satisfy the following criteria:
(a) Benefit low and moderate income;
(b ) Meet a particularly urgent need;
(c) Aid in the prevention or elimination of slums or blight.
(31) INDEPENDENT CONTRACTOR
(a) In Subrecipient's performance of its duties and responsibilities under this Agreement, it is
mutually understood and agreed Subrecipient is at all times acting and p erforming as an independ ent
contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an
employer/ employee relationship, partnership or joint venture between the Parties. Subrecipient sh all at
all times remain an independent contractor with respect to the services to b e performed under this
Agreement. Nothing in thi s Agreement sh all be constru ed to create any agency or employment
relationship between DEO Subrecipient, its employees , subcontractors or agents. Neither Party sh all have
any right, power or authority to ass ume, create or incur any expense, liability or obligation, ex press or
implied, on b ehalf of the other.
(b) Subrecipient, its officers, agents, employees, subcontractors or assignees, in performance of this
Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent,
joint venturer, or partner of the State of F lorid a .
(c) Subrecipient shall have sole right to control the manner, method and means b y which the services
required by this Agreement are performed. D E O shall not be res ponsible to hire, supervise or pay
Subrecipient's employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors or
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assignees are entitled to State retirement or State leave benefits, or to any other compensation of State
employment as a result of performing the duties and obligations of this Agreement.
(d) Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor
will be deemed to be an independent contractor and will not be consid ered or permitted to be an agent,
employee, servant, joint venturer or partner of the State of Florida.
(e) Unless justified b y the Subrecipient, and agreed to by DEO in the Scope of Work, DEO will not
furnish services of support (e .g., office space, office supplies, telephone service, secretarial or clerical
support) to the Subrecipient or its subcontractor or assignee.
(f) DEO shall not be responsible for witl1holding taxes with respect to the Subrecipient's use of
funds under tlus Agreement. Subrecipient shall have no clain1 against DEO for vacation pay, sick leave,
retirement benefits, social security, workers' compensation, health or disability benefits, reemployment
assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees,
subcontractors and other agents, receive benefits and necessary insurance (health, workers' compensation,
reemployment assistance benefits) from an employer other than the State of F lorida.
(g) Subrecipient, at all tin1es during the Agreement, must comply with tl1e reporting and
Reemployment Assistance contribution payment requirements of C h apter 443, F.S .
(h) DEO shall not be responsible the provision of any training to Subrecipient, its employees, assign s,
agents, representatives or subcontractors in the professional skills necessary to perform the work services
required by tlus Agreement; DEO may provide training in the form of an Implementation Workshop in
keeping with implementation.
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State of Florida
Department of Economic Opportunity
Federally Funded Subrecipient Agreement
Signature Page
DEO Agreement No.:10162
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the
attachments and exhibits h ereto, the Parties executed this Agreement by their duly authorized undersigned
officials.
By
Title
Date
Federal
Signature
William L. McDaniel, Jr.
Chairman
Tax ID# 59-17412 77
By
Title
Date
DEPARTMENT OF ECONOMIC
OPPORTUNITY
Signature
Meredith Ivey
Chief of Staff
--------------DUNS# 085019511 --------------
D. Perry
Assistant County Attorney
Approved as to form and legal sufficiency, subject
only to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
By:-------------
Approved Date: __________ _
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7/7/2022
8/4/2022
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Attachment A -Proj ect D escripti on an d D e liverables
1. PROGRAM D ES CRIPT ION: In April 2018, the U.S. Department of Housing and Urban Development
(HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive
$633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 20 17
through HUD's Community Development Block Grant Mitigation (CDBG-MI1) program. Awards were
distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas,
primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective. Additional
information may be found in the Federal Register, Vol. 84, No. 169.
T h e Florida Department of Economic Opportunity (DEO) has apportioned the Federal Award to include the
fo ll owing initiatives: Critical Facility Hardening Program $75,000,000; General P lanning Support Program
$20,000,000; General Infrastructure Program $475,000,000; and State P lanning and Administration
$63,485,000.
This award has been granted under the Critical F acili ty H ard e ning Program . Projects eligib le for funding
under this program must harden critical buildings that serve a public safety purpose for local communities.
Critical buildings include:
• Potable water facilities
• Wastewater facilities
• Police departments
• Fire departments
• Hospitals
• Emergency operation centers
• Emergency shelters
2. PROJ E CT DESCRIPT ION: The Collier County Board of County Commissioners, Florida has been
awarded Two Hundred Si..'{teen Thousand Five Hundred Fifty-Two Dollars and Zero Cents ($216,552.00) in
CDBG-MIT (Community Development Block Grant-Mitigation) funding for mitigation efforts to harden the
Healthcare Network Marion E. Fether Medical Center against wind, heat, and water damage through the
installation of 65 nonimpact doors and windows that are compliant with Florida Building Codes. T h e Marion
E. Fether Medical Center is part of the Collier County's Healthcare Network, which serves as the largest primary
care provider in Collier County and provides healthcare services to communities of greatest need. Specifically,
58% of their patients fa ll under the Federal Poverty Level (FPL), 71 % are under 200% of FPL, and 39% of
adult patients are uninsured . Additionally, Collier County is designated as a Medically Underserved Area (MUA),
meaning its population does not have quantitative access to primary care providers. Subsequently, the
Healtl1care Network serves as a vital instrument to tl1e health of Collier County citize n s before, during, and
immediately after a natural disaster. Replacing 65 doors and windows with nonimpact glazing material will
solidify the facility's ability to witl1stand ,.vind, heat, or water damage after a s torm and immediately respond to
the needs of their population, 61.84% of which are designated as low to moderate income resid ents. T h e
project is estimated to begin upon execution of the agreement and is expected to be completed within 48
month s at a cost 0£$216,552.00. There are no leveraged or matching funds included in this project. The
team overseeing this project consists of the Facilities Department of Health care Network u nder the direction
of the Project Manager, who is working in coordination with Collier County, and se lected contractor(s).
3. SU BRE CIPIE NT RE SPONSIBILITIE S:
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A. Complete and submit to D EO within thirty (30) days of Agreement execution a s taffing plan which
must be reviewed and approved b y the DEO Grant Manager prior to implementation. Should any
changes to the staffing plan be deeme d necessary, an updated plan must be submitted to DEO for
review and approval. The Staffing plan must include the following:
1. Org anizational Chart; and
2. J ob descriptions for Subrecipient's employees, contracted s taff, vendors, and contractors.
B . Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for
review and approval within thirty (30) days of Agreement execution. The D EO Grant Manager will
provide approval in writing prior to the policies and procedures being implemented.
1. Procurement policies and procedures that incorporate 2 CFR Part 200.317-326.
2. Administrative financial management policies, which must comply with all applicable HUD
CD BG-MIT and State of Florida rules.
3. Quality assurance and quality control system policies and procedures that comply with all
applicable HUD CDBG-MIT and D EO policies.
4. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the
Subrecipient will verify the accuracy of ap plicant information, monitoring policy indicating h ow
and why monitoring is conducted, the frequency of monitoring policy, and which items will be
monitored, and procedures for referring instances of fraud, waste and abuse to HUD OIG Fraud
Hotline (phone: 1-8 00-347-3735 or email hotline@hudoig.gov).
5. Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal A ward.
C. Attend fraud related training offered b y HUD OIG to assist in the proper management of the CDBG-
MIT grant funds when available.
D. Upload required documents into a system of rec ord provided b y DEO.
E. Complete and submit an updated Proj ect Detail Budget (Attachment B) for review and approval by
DEO no later than sixty (60) days after Agreement execution. A ny changes to the Project Detail
Budget must be submitted in the monthly report submitted to DEO for review and approval by the
DEO Grant Manager.
F. Maintain organized Subrecipient agreement fil es and make them accessible to DEO or its
representatives upon request.
G. Comply with all terms and conditions of the Subrecipient Agreement, Infrastructure Program
Guidelines , Action Plans , Action Plan amendments, and Federal, State, and local laws .
H. Provide copies of all propose d procurement documents to D E O ten (10) days prior to posting as
detailed in Section (18) of Subrecipient Agreement. The proposed procurement documents will be
reviewed and approved by DEO Grant Manager. Should the procurement documents require
revisions based on state or federal requirements, Subrecipient will be required to postpone
procurement and submit revi se d documents for review and approval.
I. Complete p rocurement of all applicants for internal grants management and compliance and direct
program and product production, including:
1. Se lection of applicants, subrecipients and/ or staff that will be responsible for managing applicant
intake and related operations, compliance, finance, and administration.
2. Selection of applicants, subrecipients and/ or staff that will b e re sponsible for appraisal,
environmental review, title services and legal services.
3. Copies of all contracts that will be executed by Subrecipient. Contracts mus t be provided to DEO
prior to execution as detailed in Attachme nt D. Any contract executed b y Subrecipient must
follow tl1 e terms and conditions set forth in this Agreement. Should the submitted contract require
necessary additions and / or changes, DEO's Contract M anager will contact Subrecipient regarding
changes. Subrecipient is required to submit the updated contract witl1in thirty (3 0) days. Sh o uld
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the contract not be submitted in a timely manner, Subrecipient will be required to complete the
selection process once more.
J. Ensure all projects seeking assistance under the current CDBG-MIT funds, and any future funds
allocated for Mitigation, provid ed by DEO, receive the required Environmental Clearance from DEO
prior to Subrecipient being ab le to commit CD BG-MIT funds.
K . Provide the fo ll owing documentation to DEO within ten (10) calendars after the end of each month:
1. A revi se d detail report measuring the actual cost versus the project cost.
2. An updated Attachment C which documents any changes to the project progress along with
justification for the revision.
L. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with
the mile stones outlined in the Mitigation Program Guidelines and report actual progress against the
projected progress ten (10) calendar days after the end of each month.
M. Provide the following information on a quarterly b as is within ten (10) ca lendar d ays of the end of each
quarter:
1. Submit updated organization chart on a quarterly basis with quarterly report.
2 . If staffing changes, there must b e a su bmittal stating the names, job descriptions, on the monthly
report deadline.
3. A progress report documenting the fo llowing information:
a. Accomplishments within the past quarter;
b. I ss u es or risks that have b een faced with resolutions; and
c. Projected activities to be completed within the fo ll owing quarter.
N. Subrecipient shall ad h ere to the deadlines for the project as agreed upon in the Attachment C -Activity
Work Plan. If Subrecipient is unable to meet a deadline within thirty (30) calendar days of the due
date, Subrecipient shall request an extension of such deadline from DEO in writing at least thirty (30)
business days prior to the deadline. Deadlines shall not be extended outside of the term of this
Agreement except b y a formal amendment executed in accordance with Section (5) Modification of
Agreement.
0. Close out report will be no later than sixty (60) calendar days after this Agreement ends or is oth erwise
terminated.
4. ELIGIBLE TASKS AND DELIVERABLES
A. Deliverable 1-Project Implementation
Subrecipient shall:
1. Professional service s to the County for technical assistance and program management (Davis -Bacon
review, Section 3 activities).
2. E nvironmental review activities .
3. Grant management to include invoicing, record keeping, prepare and award bids to vendors.
4. Project Closeout, E n gineer 's Certification of Completion, Grant Closeout Package completed and
su b mitted to DEO.
B. Deliverable 2 -Construction.
Subrecipient shall:
1. Obtain appropriate permitting.
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2 . Purchase, install, remove and properly dispose of 7 doors and 59 exterior windows and replace with
new insulated /impact gla zing system doors and windows of like dimensions and in compliance with
Florida Building Codes sta ndard s and local, state, and federal building codes .
3. Repair affected areas resulting from B.2. above by apply molding, patching interior drywall and sills,
and repair exterior stucco walls and touch up paint.
5. DEO RESPONSIBILITIES:
A. Monitor the ongoing activitie s ofSubrecipient to ensure all activitie s are being performed in accordance
with the Agreement to the extent required by law or deemed necessary be DEO in its discretion
B. Assign a Grant Manager as a point of contact for Subrecipient
C. Review Subrecipient's invoice s de scribed herein and process them on a timely basis
D. DEO shall monitor progress, review reports, conduct site visits, as DEO determines necessary at
DEO's sole and absolute di scre tion, and process payments to Subrecipient
6. DELIVERABLES:
Subrecipient agrees to provide the following services as specified:
Deliverable No. 1-Project Implementation
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall provide Project Subrecipient may request Failure to complete the
Implementation activities as identified in reimbursement upon completion Minimum Level of Service as
Section 4.A.1.-2., which shall be reimbursed of a minimum of one task as specified shall result in non-
upon satisfactory completion of an eligible identified in Section 4.A.1.-2. as payment for this deliverable.
task as detailed, as identified in this Scope evidenced by submittal of the
of Work. following documentation:
1) Summary of Environmental
R eview activities performed (if
applicable); and
2) Invoice package in accordance
with section 7 . of this Scope of
Work.
Subrecipeint shall provide Project Subrecipient may request Failure to complete the
Implentation activities as identified in reimbursement upo n completion Minimum Lev el of Service as
Section 4.A.3.-4., which shall be reimbursed of a minimum of one task on a specified shall result in non-
upon satisfactory completion of an eligible per completed task basis as payment for this deliverable for
tasks as detailed in Deliverable 2. identified in Section 4.A.3.-4. each payment.
Associated with completed ta sk a s
identified in Deliverables 2.
through 3. As evidenced b y
submittal of the following
documentation:
1) Invoice package in accordance
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with Section 7. of this Scope of
I Work.
Deliverable No. 1 Cost: $10,312.00
Deliverable No. 2 -Construction
Task Minimum Level of Service Financial Consequences
Su b recipient shall provide Project Subrecipient may req uest Failure to comp lete the
Implementation activities as identified in reimbursement upon completion Minimum Level o f Service as
Section 4.B., w hic h shall be reimbursed of the ta sks detailed in 4.B of this specified shall result in non-
up on satisfactory completion of an eligi ble Scope of Work as evidenced b y payment for this deliverable.
task as detailed, as identified in this Scope sub mittal of the fo ll owing
of Work. documentation:
1) AIA form G702 or similar
accepted D EO form completed b y
th e con tractor.
2) Photographs of completed
installation.
3) Invoice package in accordance
with Section 7. ofthis Scope of
Work.
Deliverable No. 2 Cost: $206,240.00
Total Project Costs Not to Exceed: $216,552.00
COST SHIFTING: The deliverable amounts specified within the E ligib le Tasks and Deliverables in table s
above are establis h ed based o n the Parties estimation of sufficient delivery of services fulfilling grant purposes
under the Agreement in order to designate payment points during the Agreem e n t Period; h owever, this is n ot
intended to restrict DEO's ability to approve and reimburse allowable cos t s Subrecipient incurred p roviding
the d eliverables herein. Prior written approval from DEO's Grant Manager is required for changes to the
above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that
exceed 10% of each deliverable total funding amount will require a formal wri tten amendment request from
Subrecipient, as d escri bed in Modification section of the Agreemen t. Regardle ss, in no event shall D EO
reim burse costs of more than th e total amount of this Agreement.
7. INVOICE SUBMITTAL:
DEO shall reimburse Subrecipient in accordance with Section 6, above. In accordance with the Funding
Requirements of s. 215 . 971 (1 ), F.S. and Section 21 of this Agreement, Subrecipien t and its subcontractors m ay
o nly expend fundin g under this Agreement for allowable costs resulting from obliga ti ons incurred during this
Agreement. To be eligib le for reimbursement, costs must be in compli ance with laws, rnles and regulations
applicable to expenditures of State fund s, including, but not limited to, the Reference Guid e for State
Expenditures
Q1tt;ps://,V\,vw.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdt).
A. Subrecipient shall provide one invoice per month for service s rendered during the appli cable p eriod
of time as defined in th e deliverable tab le. In any month no d eliverable ha s been completed, the
subrecipient will prov ide notice that no invoicing will be submitted.
B. The fo ll owing documents shall be submitted with the itemized invoice:
1. A cover letter signed b y Subrecipient's Agreem e nt Manager certifying that th e co sts being claimed
in the invoice p ackage: (1) are s p ecificall y for the project represented to the State in the budget
appropriation; (2) are for one or more of the components as stated in Section 5,
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DELIVERABLES, of this Attachment A; (3) have been paid; and (4) were incurred during this
Agreement.
2. Subrecipient's invoice s shall include the date, period in w hich work was performed, amount of
reimburse ment, and work completed to date;
3. A certification by a licen sed professional using AIA forms G702 and G 703, or their substantive
equivalents, certifying that the project, or a quantifiable portion of the project, is complete.
4. Photographs of the project in progress and completed work;
5. A copy of all sup porting documentation for vendor payments;
6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds
transfer. The State may require any other information from Subrecipient that the State d eems
necessary to verify that the services h ave been rendered under this Agreement.
C. Subrecipient's invoice and all documentation necessary to support payment requests must be
submitted into DEO 's Subrecipient Management Reporting Appli cation (SE RA). Further instruction
on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon
execution of the Agreement.
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DocuSign Envelope ID: D78248A2-2AF8-4D9D-B3B2-1 EFC8DEC6C58 ® Subrecipient: Activit y Activity /Project Description 1. Housing Program -Homeowner Service Project (Example Activities) Home Repair Reconstruction Replacement of Manufactured Homes Temporary Rental and Mortgage Assistance Buyout / Acquisition for Redevelopment 2. Housing Program -Supportive Housing Initiative PUD Rental Housing Project (Example Activities) 3. Public Facilities Program -Unified Service Center (Example Activities) 4. Infrastructure Program (Example Activities) Armstrong Drainage Project Hastings Phase I Sewer Hastings Phase II Sewer Attachment B -Project Budget (Example) National Objective LMI Slum & Blight Urgent Need Contract Number: VLI LI Beneficiaries MI Page 26 of 58 Non-LMI Total Modification Number: CDBG-MIT Amount DEO Agreement No.:10162 Budget Other Funds Source* Total Funds DocuSign Envelope ID: D78248A2-2AF8-4D9D-B3B2-1EFC8DEC6C58Page 1738 of 3896
DocuSign Envelope ID: D78248A2-2AF8-4D9D-B3B2-1 EFC8DEC6C58 CID 5. 6. Oyster Creek Basin Improvements Orange Street Drainage Avenue D Drainage St. Augustine -Lake Maria Sanchez HMGP Match Drainage St. Augustine Blvd & Cypress Rd Drainage Administration Planning DEO Agreement No.:10162 Totals: *Show the sources and amounts of Other Funds needed to complete the project below, including local funds, grants from other agencies and program income. Source of Other Funds Amount 1. 2. 3. 4. Page 27 of 58 DocuSign Envelope ID: D78248A2-2AF8-4D9D-B3B2-1EFC8DEC6C58Page 1739 of 3896
DocuSign Envelope ID: D78248A2-2AF8-409D-B3B2-1 EFC8DEC6C58 ® Subrecipient Contract Number: Start End Date Date (month (month /year) /year) Describe Proposed Action Activity DEO Agreement No.:10162 Attachment C -Activity Work Plan (Example) Activity: Project Budget: Date Prepared: Modification Number: Description Deliverable Associated CDBG-Local/Mate Estimated Task MIT Funds by Funding h Funding End Date Page 28 of 58 DocuSign Envelope ID: D78248A2-2AF8-4D9D-B3B2-1EFC8DEC6C58Page 1740 of 3896
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A ttachm e nt D -Program and Sp ecial Co nditio n s
1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion
pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a
justification for th e d elay and a plan for timely accompli shment shall be submitted to DEO within 21 calendar days
of receiving D E O 's request for justifica tion for the delay. Any project for which the Subrecipient h as not completed
the activities listed in the Activity Work P lan may be rescinded unless DEO agrees that the Subrecipien t has provided
adequate justification for the delay.
2. The Subrecipient shall maintain records of expenditure of fund s from all source s that will allow accurate and ready
comparison b etwee n the expenditures and the budget/ activity line item s as defined in the Project Detail Budge t and
Activity Work Plan .
3. The Subrecipient shall reques t D EO 's approval for all profess ional se1vices contracts and/or agreements that will b e
reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO
for review:
a. When publi cation of a Reque st for Proposal (RFP) is u sed as a means of solicitation, a copy of the advertisement,
including an affidavit of publication;
b. DEO will either approve the procurement or notify the Subrecipient that the procurement cann ot be approved
becau se it violates State, Federal or local procurement guidelines. The Subrecipient shall notify DEO in writing
no later than 90 calendar days from the effective date of this agreement if it will not be procuring any profess ional
services or if it will be using non-CD BG-MIT fund s to pay for profess ional service s.
4. Prior to th e obligation or disbursement of an y funds, except for administrative expenses and not to exceed $5000,
th e Subrecipient shall complete the fo ll owing:
a. Submit for D EO's approval the documentation required in paragraph 3 above for any professional services
contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO
approves the procurement. If D E O does not approve the procurement of a professional services contract, the
local government will not be able to u se CDBG-MIT fund s for that contract beyond $5,000.
b . Comply with 24 CFR part 58 and the regulations implementing the National E nvironmental Policy Act, 40 CFR
§§ 1500-1508 . When the Subrecipient ha s completed the environmental review process, it shall submit a Request
for Release of Funds and Certification . D EO will iss ue an Authority to Use Gran t Funds (form HUD-7015.16)
when this condition ha s been fulfilled to the sa tisfaction of DEO. If D EO has not issued an Authority to use
Grant Funds within 15 days ofSubrecipient's submiss ion of the required documentation, DEO shall provide the
Subrecipient a written update regarding the status of the review process. SU BRECIPIE NT SHALL NOT
B E GIN CONSTRU CT IO N B E FORE DEO HAS ISS UED T H E "AUTHORITY TO USE GRANT
FUNDS."
5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 19 70, as amended (42 U.S.C. §§ 4601-4655; hereinafter, the "URA"), implementing regulations at 24 CFR part
42, 49 CFR part 24 and 24 CFR § 570.606(6), the requirements of 24 CFR § 42.325 -42.350 governing the Residential
Anti-displacemen t and Re location Ass istance Plan under sec tion 104(d) of the Housing and Community
Development Act of 19 74 (42 U.S.C. § 5304(d)), and the r equirements in 24 CFR § 570 .606(d), governing optional
relocation assistance policies.
6. If the Sub recipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the
acquisition b y submitting all documentation required for a de sk monitoring of the acquisition, including a notice to
property owners of his or her rights under the U RA, an invitation to accompany the appraiser, all appraisals, offer to
th e owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donation s),
as appli cab le. The documentation shall be submitted prior to completing the acquisition (clo sing) so th at D E O can
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determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced
persons as defined b y 24 CFR § 570.606(6)(2), that are displaced as a direct result of acquisition, rehabilitation,
demolition, or conversion for a CDBG-assisted project.
7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement,
DEO, HUD, and applicable, regulations and guidance la ws, specifically including but not limited to:
a. Certification Rega rding Debarment, Suspension, and Other Responsibility Matters (Primary Covered
Transactions);
b. Section 3 Participation Report (Co nstruction Prime Contractor);
c. Certification Regarding Debarment, Suspension, Ineligibili ty and Voluntary Exclusion (S ubcontractor), (if
applicab le); and
d. Section 3 Participation Report (Co nstruction Subcontractor), (if appli cab le).
8. In addition, each construction contract or agreement for new or replacement housing must contain language that
requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential
Housing, as defined in the Allocation notice published in the Federal Register Volume 81, Number 224 on Monday,
November 21, 2016.
9. For each Request for Funds (RFF) that includes reimbursement of construction costs, the Subrecipient shall provide
a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a
comparable form approved by DEO, signed b y the contractor and inspection engineer, and a copy of form G703,
Continuatio n Sheet, or a comparable form approved by DEO. For each RFF that includes construction costs, the
Subrecipient shall provide a copy of AIA form G702, or a comparable form approved by DEO, if applicable, signed
by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable
form approved by DEO, if applicable.
10 . For each project, when the Subrecipient issue s the Notice to Proceed to the contractor(s), copies of the following
documents shall be sent to DEO:
a. Notice to Proceed;
b. The contractor's performance bond (100 percent of the contract price); and
c. The contractor's payment bond (100 percent of the contract price).
11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to
24 CFR § 570.487(6).
12 . The Subrecipient shall ensure that a deed restriction i s recorded on any real property or facility, excluding easements,
acquired with CDBG-MIT funds. This restriction shall limit the use of that real property or facility to the use stated
in the sub grant application and that title shall remain in tl1e name of tl1e Subrecipient. Such deed restriction shall be
made a part of the public records in the Clerk of Court of the county in which the real property is located . Any future
di s position of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real
property shall be in accordance with 24 CFR § 570.4890)-
13. The Subrecipient shall comply witl1 the historic preserva tion requirements of the National Historic Preservation Act
of 1966, as amended, the procedures set forth in 36 CFR part 800, and the Secretary of the Interior's Standard s for
Rehabilitation, codified at 36 CFR 67, and Guidelines for Rehabilitating Historic Buildings.
14. Pursuant to section 102(6), Public Law 101 -235 , 42 U.S.C. § 3545, the Subrecipient shall update and submit Form
HUD 2880 to DEO within thirty (3 0) calendar days of tl1e Su brecipient's knowledge of ch anges in situations w hich
would require that updates b e prepared. The Subrecipient must di sclose:
a. A ll developers, contractors, consultants and engineers involved in the appli cation or in the planning, development
or implementation of tl1e project or CDBG-MIT-funded activity; and
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b. A ny perso n or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of
the grant, whichever i s le ss .
15. If require d, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for
administrative clo seout, and its absence or incompleteness shall be cause for rejection of the administrative closeout.
16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR § 570.489(g). Title 24 CFR §
570.489(h) shall apply in all conflicts of interest not governed b y 24 CFR § 570.489(g), such as those relating to the
acquisition or disposition of real property; CD BG-MIT financial ass istance to beneficiaries, businesses or other third
parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply
with, and this Agreement is subject to, Chapter 112 F.S.
17. Any payment b y the Subrecipient using CD BG-MIT funds for acquisition of any property, right-of-way, or easement
that exceeds fair market v alue as determined through the appraisal process established in HUD Handbook 13 78 shall
be approved in writing by DEO prior to di stribution of the fund s . Should the Recipient fail to obtain DEO pre-
approval, any portion of tl1e cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with
CDBG-MIT fund s .
18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the
construction progresses, additional photogra phy or videography shall document the ongoing improvements. Upon
completion of construction, final documentation of tl1e activity locations will be provided to DEO with the
administrative clo seout package for this Agreement.
19. If an activity is designed b y an engineer, architect or otl1er licensed professional, it shall be certified upon completion
by a licensed professional as meeting the specifications of the de sign, as may have been amended b y change orders.
The date of completion of construction shall be noted as part of the certification. This certification shall be
accomplished prior to submiss ion of an administrative closeout package and a copy of the certification shall be
submitted with the administrative closeout package.
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Attachment E -State and Federal Statutes, Regulations, and Policies
The CDBG-MIT funds available to th e Subrecipient through this agreement constitute a subaward of D EO's Federal
award under the Uniform A dministrative Requir ements, Cost Principles, and Audit Requirements for Federal Award s, 2
CFR part 200. This agreement includes terms and conditions of DEO's Federal award that are imposed on the
Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in
this Agreement.
The Subrecipient agrees to, and, by signing this Agreement, certifies that, it will comply with all applicable provisions of
the Housing and Community Development Act of 1974, as amended, and the regulatio n s at 24 CFR part 570, as modified
b y the Federal Register notices that govern the use of CD BG-MIT funds available under this agreement. These Federal
Register notices includ e, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, A ugu st 30,
2019/Notices, Vol. 81, No. 224/Monday, November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9,
2018/Notices, Volume 82, No. 11 /Wedne sd ay, January 18, 2017 /Notices, Volume 82, No. 150/Monday, August 7,
2017 /Notices, and Vol. 83, No. 15 7 /Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing, (1) the
Subrecipient does not assume any of DEO's responsibilities for environmental review, decision-making and action,
described in 24 CFR part 58 and (2) the Subrecipient does not assume any of D EO's r esponsibilities for initiating the
review process under the provisions of 24 CFR Part 52 . The Su brecipient shall also comply with all other applicable
Federal, state and local laws, regulations and policies as n ow in effect and as may be amended from time to time that
govern the use of the CD BG-MIT funds in complying with its obligations under this agreement, regardless of whether
CDBG-MIT funds are made available to the Subrecipient on an advance or reimbursement basis.
The Subrecipient also agrees to use funds available under this Agreem ent to supplement rather than supplant funds
otherwise available. The Su brecipient further agrees to comply with all other applicable Federal, State, and local laws,
regulations and policies governing the fund s provided under this Agreement, including, but not limited to the following:
1. State of Florida Requirement
State of Florida Requirements are stated throughout this Agreem ent and Attachments thereto.
2. Audits, Inspections and Monitoring
a. Single A udit
The Subrecipient must b e audited as required by 2 CFR part 200, subpart F when it is expected that the
Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set
forth in §200.501 Audit requirements.
b . Inspection s an d Monitoring
The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's record s and financial
statements as necessary for D EO to meet the requirements of 2 CFR part 20 0.
The Subrecipient must submit to monitoring of its activities b y DEO as neces sary to ensure that the subaward
is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions
of this agreement.
This review must include:
(1) Reviewing financial and performance reports required b y DEO;
(2) Following up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies
pertaining to the Federal award provided to the Subrecipient from D EO detected through audits, on-site
review s, and other means; and
(3) Issuing a management decision for audit findings pertaining to this Federal award provided to the
Subrecipient from D EO as required b y 2 CFR §200.521.
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c. Corrective Actions
The Subrecipient shall be subject to reviews and audits by DEO, including onsite reviews of the Subrecipient as
may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2). DEO may issue management
decisions and may consider taking enforcement actions if noncompliance is d etected during audits . DEO may
require the Su brecipient to take timely and appropriate action on all deficiencie s pertaining to the Federal award
provided to the subrecipient from the pas s-through entity detected through audits, on-site. D E O may impose
additional conditions on the u se of the CD BG-MIT funds to en sure future compliance or provide training and
technical assistance as need ed to correct noncompliance.
3. Drug-Free Workplace
Subrecipients must comply with drug-free workplace requirements in Subpart B of part 2429, which adopts the
government-wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988
(Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
4. Procurement and Contractor Oversight
The Subrecipient shall comply with the procurement standard s in 2 CFR §200.318 -§200.327 w h en procuring
property and services under this agreement. The Subrecipient shall impose the Subrecipient's obligations under this
agreement on its contractors, specifically or b y reference, so that such obligations will be binding upon each of its
contractors.
The Subrecipient must comply with CDBG regulations regar ding debarred or suspended entities, specifically
including, 24 CFR 570.609 or 24 CFR 570.489, as applicable. CDBG funds may not be provided to excluded or
disqualified persons.
The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured
contract or agreement, its contractors perform according to the terms and conditions of the procured contracts or
agreements, and the terms and conditions of thi s agreement. To check for debarred or su spended entities, please visit
https://www.sam.gov/SAM/
5. Property Standards
Real property acquired b y tl1e Subrecipient under this agreement shall be subject to 24 CFR 570.489G) and 24 CFR
570.2000)-The Subrecipient shall also comply witl1 the Property Standards at 2 CFR 200 .310, 2 CFR 200 .312 , 2 CFR
200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that
when the equipment is sold, the proceeds shall be program income and equipment not needed by the Subrecipient
for activities under this agreement shall be transferred to DEO for its CDBG-MIT program or shall be retained after
compensa ting DEO.
The Subrecipient shall al so comply witl1 the Property Standards in 2 CFR 200.310 through 2 CFR 200.316, except to
the extent they are inconsistent with 24 CFR 570.200G) and 24 CFR 570.489G), in which case Subrecipient shall
comply with 24 CFR 570.200G) and 24 CFR 570.489G), except to tl1e extent that proceeds from the sale of equipment
are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR
570.489 ( e) (1 )(ii).
6. Federal Funding Accountability and Transparency Act (FFATA)
The Subrecipient sh all comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award
Management (SAM). The Subrecipient must have an active registration in SAM, https://www.sam.gov/SAM/ in
accordance with 2 CFR part 25, appendix A, and must have a Data U niver sal Numbering System (DUNS) number
https://fedgov.dnb.com/webform/ The Subrecipient must also comply with prov isions of the Federal Funding
Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170
Reporting Subaward and Executive Compensation Information.
7 . Relocation and Real Property Acquisition
The Subrecipient shall comply with tl1e U niform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended (URA), 42 USC 4601 -4655, 49 CFR part 24, 24 CFR part 42, and 24 CFR 570.606.
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In addition to other URA requirements, these regulations (49 CFR § 24.403(d)) implement Section 414 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181, which provides that "Notwithstanding
any oth er provision of law, no person otherwise eligible for any kind of replacement housing payment under the
URA shall be denied such eli gib ili ty as a re sult of his being unable, because of a major disaster as determined by the
President, to meet the occupancy requirements set by such Act".
8. Non-discrimination
a. 24 CFR Part 6
The Subrecipient will comply with 24 CFR part 6, which implements the provisions of section 109 of title I of
the Housing and Community Development Act of 19 74 (Title I) (42 U.S.C. 5309). Section 109 provides that no
person in the United States shall, on the ground of race, color, national origin, religion or sex, be excluded from
participation in, be denied the b enefits of or be subj ected to discrimination under any program or activity funded
in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against
discrimination on tl1e basis of age under the Age Discrimination Act of 19 75 (42 U.S.C. 6101-6107) (Age
Discrimination Act) and th e prohibitions against discrimination on tl1 e basis of disability under section 504 of
the Rehabilitation Act of 19 73 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these requirements
appli cable to programs or activities funded in whole or in part witl1 CD BG-MIT funds. Thus, the Subrecipient
shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the
regulations of 24 CFR part 146, which implement the Age Discrimination Act for HUD programs.
b . Architectural Barriers Act and the Americans with Disabilities Act
The Subrecipient shall ensure tlrnt its activities are consistent with requirements of Architectural Barriers Act and
the American s with Disa bilitie s Act. The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain
Federal and Federally funded buildings and other facilities to b e d es ign ed, constructed, or altered in accordance
with standard s that ensure accessibility to, and u se by, phys ically handicapped people. A building or facility
designed, constructed or altered with funds allocated or reallocated under tlus part after December 11, 199 5 and
meets the definition of "resid ential structure" as defined in 24 CFR 40.2 or the definition of "building" as defined
in 41 CFR 101 -19.602(a) is subjectto tl1e requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-
415 7) and shall comply wi th the Uniform Federal Accessibili ty Standards (appendix A to 24 CFR part 40 for
residential structures, and appendix A to 41 CFR part 101 -19, subpart 101-19.6, for general type buildings).
The Americans with Disa bilities Act (42 U.S.C. 121 3 1; 4 7 U.S.C. 155, 201, 218 and 225) (ADA) provides
comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations,
State and local government services and telecommunications. I t furtl1er provides that disc rimination includes a
failure to de sign and construct facilities for first occupancy no later tl1an January 26, 1993, that are readily
accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural
barriers and communication b arrier s that are structural in nature in existing facilities, where such removal is
readily acluevable-that is, easily accompli shable and able to be carried out without much difficulty or expense.
c. State and Local Nondiscrimination Prov isions
The Subrecipient must comply with the Florida Small and Minority Business Ass istance Act(§§ 288.703 -288.706,
F.S.); T itle VI of the Civil Rights Act of 1964 (24 CFR part 1)
(1) General Compliance
The Subrecipient shall comply witl1 tl1e requirements of Title VI of the Civil Ri ghts Act of 1964 (P .L. 88 -
352), as amended. No person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, b e denied the benefits of, or be otherwise subjected to discrimination under
any program or activity funded b y tlus agreement. The specific nondiscrimination provisions at 24 CFR 1.4
apply to the use of these funds. T h e Subrecipient sh all not intimidate, threaten, coerce or discriminate against
any person for the purpose of interfering with any right or privilege secured b y title VI of the Civil Rights
Act of 196 4 or 24 CFR part 1, or because h e h as made a complaint, testified, assisted or participated in any
manner in an investigation, proceeding or h earing under 24 CFR part 1. The identity of complainants shall
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be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1, including the
conduct of any inves tigation, hearing or judicial proceeding arising thereunder.
(2) Assurances and Real Property Covenants
As a condition to the approval of this Agreement and the exten sion of any Federal financial assistance, the
Subrecipient ass ures that the program or activities described in this Agreement will be conducted and the
housing, accommodations, facilities, services, financial aid or other benefits to be provided will be operated
and administered in compliance with all requirements imposed b y or pursuant to this part 1.
If the Federal financial assistance under this agreement is to provide or is in the form of personal property
or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate
the Subrecipient or, in the case of a subsequent transfer, the transferee, for the period during which the
property is used for a purpose for which the Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits, or for as long as the recipient retains ownership or
possession of the property, whichever is longer. In all other cases, the assurance shall obligate the
Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or
application. This assurance gives DEO and the United States a right to seek judicial enforcement of the
assurance and the requirements on real property.
In the case of real property, structures or improvements thereon, or interests therein, acquired with Federal
financial assistance under thi s Agreement or acquired with CDBG-MIT funds and provided to the
Subrecipient under this Agreement, the instrument effecting any disposition by the Subrecipient of such real
property, structures or improvements thereon, or interests therein, shall contain a covenant running with the
land assuring nondiscrimination for the period during which the real property is u sed for a purpose for which
the Federal financial a ss istance is extended or for another purpose involving the provision of similar services
or benefits. If the Subrecipient receives real property interests or funds or for the acquisition of real property
interests under this Agreement, to the extent that rights to space on, over, or under any such property are
included as part of the program receiv ing such assistance, the nondiscrimination requirements of this part 1
shall extend to any facility located wholly or in part in such space.
d . Affirmative Action
(1) Approved Plan
The Subrecipient agrees that it shall cany out pursuant to DEO's specifications an Affirmative Action
Program in compliance with the President's Executive Order 11246 of September 24, 1966, as amended, and
implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the
Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an
Affirmative Action Program for approval prior to the relea se of fund s under this agreement.
(2) Women-and Minority-Owned Businesses (W /MBE)
T h e Subrecipient shall take the affirmative steps li sted in 2 CFR 200.321(b)(1) through (5) to assure that
minority businesses , women's business enterprises, and labor surplu s area firms are used when possible when
the Subrecipient procures property or services under this agreement.
(3) Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
( 4) Equal Employment Opportunity and A ffirmative Action (EEO/ AA) Statement
The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the
Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer.
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9. Labor and Employment
Labor Standards
The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community
Development Act of 197 4, as amended and ensure that all laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed in whole or in part with assistance received under
this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as
determined b y the Secretary of Labor in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 3141, et seq.)
and 29 CFR part 1, 3, 5, 6 and 7, provided, that this requirement shall apply to the rehabilitation of residential property
only if such property contains not less than 8 units.
The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874) and its implementing
regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain
documentation that demonstrates compliance \.vith applicable hour and wage requirements. Such documentation shall
be made available to DEO for review upon request.
10. Section 3 of the Housing and Urban Development Act of 1968
a. Low-Income Person Definition
A low-income person, as this term is defined in Section 3 (b )(2) of the 193 7 Act (42 U.S.C. 1437a(b)(2)). Section
3(b)(2) of the 193 7 Act defines thi s term to mean familie s (including single persons) whose incomes do not
exceed 80 per centum of the median income for the area, as determined b y the Secretary, with adjustments for
smaller and larger families, except that the Secretary may establish income ceilings higher and or lower than 80
per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary
because of prevailing levels of construction costs or unusually high or low-income families; or (ii) A very low-
income person, as this term is defined in Section 3(b)(2) of the 193 7 Act ( 42 U.S.C. 143 7 a(b)(2)). Section 3(b)(2)
of the 1937 Act (42 U.S.C. 143 7a(b)(2)) defines this term to mean families (including single persons) whose
incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary
with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher
or lower than 50 per centum of the median for the area on the basis of the Secretai.y 's findings that such variations
are necessary because of unusually high or low family incomes.
b . Compliance
Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as
amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 75(formerly 24 CFR
part 135). Compliance with Section 3 shall be achieved, to the greatest extent feasible, consistent with existing
Federal, state and local laws and regulations. Accordingly, a subrecipeint of Section 3-covered assistance is
required to develop strategie s for meeting both the regulatory requirements at 24 CRF part 7 5 and any other
applicable statutues or regulations. The Subrecipient and any of its contractors and subcontractors shall include
the following "Section 3 clause" in ev e1y "Section 3 covered contract".
(1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing
and Urban Development A ct of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is
to ensure that employment and other economic opportunities generated by HUD assistance or HUD -
assisted projects covered b y Section 3, shall, to the greatest extent feasible, be directed to low-and very low-
income persons, particularly persons who are recipients of HUD assistance for housing.
(2) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement
Section 3. As evidenced b y their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the part 75
regulations.
(3) The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor
organization or workers ' representative of the contractor's commitments under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both employees and applicants
for training and employment positions can see the notice. The notice shall describe the Section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training
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positions, the qualifications for each; and the name and location of the person(s) taking applications for each
of the positions; and the anticipated date the work shall begin .
(4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 7 5. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor ha s been found in violation of the regulations in
24 CFR part 75.
(5) The contractor will certify that any vacant employment positions, including training positions, that are filled
(1) after the contractor is selected but before the contract is executed, and (2) with persons other than those
to whom th e regulations of 24 CFR part 7 5 require employment opportunities to be directed, were not filled
to circumvent the contractor's obligations under 24 CFR p ar t 75.F. Noncompliance with HUD's regulations
in 24 CFR part 75 may result in sa nctions, termination of this contract for default, and debarment or
suspension from future H UD ass isted contracts.
(6) Noncompliance with H U D's regulations in 24 CFR part 75 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
(7) With respect to work performed in connection with Section 3 covered Indian housing assistance, Section
7(6) of the Indian Self-Determination and E ducation Assistance Act (25 U.S.C. 450e) also applie s to the
work to b e performed under this contract. Section 7(6) requires that to the greatest extent feasible (i)
preference and opportunities for training and employment shall be given to Indians, and (ii) preference in
the award of contracts and su bcontracts shall be given to Indian organizations and Indian-owned Economic
Enterprises. Parties to this contract that are subject to the provisions of Sec tion 3 and Section 7 (b) agree to
comply with Section 3 to the maximum extent feasible, but not in deroga tion of compliance with Section
7 (6 ).
c. Section 3 Benchmarks and Reporting
(1) Benchmarks. Contracts over $200,000 trigger Section 3 Benchmark requirements . When triggered, best
efforts must b e made to extend Section 3 opportunties to verified Section 3 residents and business
concerns to meet these minimum numeric goals:
1. Twenty-five percent (25 %) of the total hours on a Section 3 project must be worked by Section 3
workers; and
2. Five precent (5 %) of the total hours on a Section 3 project must b e worked b y Targeted Section 3
workers.
(2) Reporting. If the subrecipient's reporting indicates that the subrecipient has not met the Section 3
benchmarks de scribed in 24 CFR § 75.23, pursuant to 24 CFR § 75.25(6), the subrecipient must report in
a form prescribed by HUD on the qualitative nature of its activities and those its contractors and
subcontractors pursued.
(3) Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or
D E O which may be amended from time to time for HUD reporting purposes .
11 . Conduct
a . Hatch Act
The Subrecipient shall comply with the Hatch Act, 5 USC 1501 -1508, and sh all ensure that no funds provided,
nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of
political activitie s in violation of Chapter 15 of Title V of the U.S.C.
b. Conflict of Interest
In the procurement of supplies , equipment, construction, and services pursuant to this agreement, the
Su b recipient sha ll comply with the conflict of interes t provisions in DEO 's procurement policies and procedures .
In all cases not governe d by the conflict of interest provisions in DEO's procurement policies and procedures,
the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h).
c. Lobbying Certification
The Subrecipient hereby certifies that:
(1) No Federal appropriated funds h ave bee n paid or will be paid, b y or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
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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;
(2) If any fund s 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, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions;
(3) The language of paragraph (i) through (iv) of this certification b e included in the award documents for all
subawards at all tier s (in cluding subcontracts, subgrants and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclo se accordingly; and
(4) This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is required by section 1352, title 31, U.S.C. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more tl1an $1 00,000 for each such failure.
d. Religious Activities
The Subrecipient agrees that funds provided under tlus agreement shall not be utilized for inherently religious
activities prohibited b y 24 CFR 570.2000), such as worship, religious instruction, or proselytization.
Equal Treatment for Faith-Based Organizations. Prohibits any State or local government receiving funds under
any Department program, or any intermediate organization with the same duties as a governmental entity, from
discrinunating for or against an organization on the basis of the organization's religious character or affiliation.
Prohibits religious organizations from engaging in inherently religious activities, such as worslup, religious
instruction, or proselytiz ation, as part of the programs or services funded with direct financial assistance.
Prohibits an organization that participate s in programs funded by direct financial assistance from the Department,
in providing service s, from di scrinunating against a program beneficiary or prospective program beneficiary on
the basis of religion or religiou s belief. Any restrictions on the use of grant funds shall apply equally to religious
and non-religious organizations.
e. Environmental Conditions
(1) Prohibition on Choice Linuting Activities Prior to Environmental Review
The Subrecipient must comply with the limitations in 24 CFR 58 .22 even though the Subrecipient is not
delegated the requirement under Section 104(g) of the HCD Act for environmental review, decision-making
and action (see 24 CFR part 58) and i s not delegated DEO's responsi bilities for initiating the review process
under the provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance
and specifically limits commitments of HUD funds or non-HUD funds by any participant in the
development process before completion of tl1 e environmental review. A violation of this requirement may
result in a prohibition on the u se of Federal funds for tl1e activity. If D E O has not issued an Authority to
Use Grant Funds within 15 days of Subrecipient's subnuss ion of the required documentation, DEO shall
provide the Subrecipient a written update regarding the status of the review process.
(2) Air and Water
The_Subrecipient shall comply with the following requirements insofar as they apply to the performance of
this agreement:
(a) Air quality. (1) The Clean Air Act (42 U.S.C. 740 1 et. seq.) as amended; particularly section 176(c) and
(d) (42 U.S.C. 7506(c) and (d)); and (2) Determining Conformity of Federal Actions to State or Federal
Implementation Plan s (Environmental Protection Agency-4-0 CFR parts 6, 51, and 93); and
(b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the
requirements specified in Sec tion 114 and Section 308 of the Federal Water Pollution Control Act, as
amended, and all regulations and guidelines iss ued thereunder.
(c) The Clean Air and Water Act: If thi s Contract i s in excess of $100,000, Contractor shall comply with all
applicable standards, orders or regulations issued under the Clean Air Act, as amended, 42 U.S.C. 740 1,
Section 508 of the Clean Water Act, as amended, 33 U.S.C. 1368, et seq., Executive Order 11738 and
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Environmental Protection Agency regulations . Contractor shall report any violation of the above to
DEO.
(d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy
efficiency which are contained in the State of Florida's energy conservation plan issued in compliance
with the Energy Policy and Conservation Act, Pub. L. 94-163.
(3) Flood Disaster Protection
The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of
the Flood Disaster Protection Act of 1973, as amended b y the National Flood Insurance Reform Act of
1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood
Insurance Reform Act of 1994, as amended, (42 U.S.C. 5154a), which includes a prohibition on the provision
of flood disaster assistance, including loan assistance, to a person for repair, replacement or restoration for
damage to any personal, residential, or commercial property if that person at any time has received Federal
flood disaster assistance that was conditioned on the person first having obtained flood insurance under
applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as
required under applicab le Federal law on such property. Section 582 also includes a responsibility to notify
property owners of their responsibility to notify transferees about mandatory flood purchase requirements.
More information about these requirements is available in the Federal Register notices governing the CDBG-
MIT award and listed at the beginning of this Attachment.
( 4) Lead-Based Paint
The Subrecipient shall follow DEO's procedures with re spect to CDBG assistance that fulfill the objectives
and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential
Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851-4856), and implementing regulations at
part 35, subparts A, B, J, K, and R of this title.
(5) Historic Preservation
The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic
Preservation Act of 1966, as amended, codified in title 54 of the United States Code, and the procedures set
forth in 36 CFR part 800 insofar as they apply to the performance of this agreement.
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.
(6) Additional Regulations
(a) The Temporary Assistance for Needy Families Program ('TANF"), 45 CFR Parts 260-265, the Social
Services Block Grant ("SSBG"), 42 U.S.C. 1397d, and other applicable federal regulations and policies
promulgated thereunder.
(b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, et seq., which prohibits
discrimination on the basis of sex in educational programs.
(c) Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which
prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political
affiliation or b eliefs.
(d) The Pro-Children Act: Contractor agrees to comply witl1 the Pro-Children Act of 199 4, 20 U.S.C. 6083.
Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty
up to $1,000 for each violation and/ or the imposition of an administrative compliance order o n the
responsible entity. This clause is applicable to all approved sub-contracts. In compliance with Public
Law (Pub. L.) 103-277, the Contract shall not permit smoking in any portion of any indoor facility used
for the provision of federally funded services including health, day care, early childhood development,
education or library services on a routine or regular basis, to children up to age 18.
(e) Public Announcements and Advertising: When issuing statements, press releases, requests for proposals,
bid solicitations and other documents describing projects or programs funded in whole or in part with
federal money, Contractor shall clearly state (1) the percentage of the total costs of the program or
project which will be financed with federal money, (2) the dollar amount of federal funds for the project
or program, and (3) percentage and dollar amount of the total costs of the project or program that will
be financed by nongovernmental sources.
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(f) Purchase of American-Made Equipment and Products: Contractor assures that, to the greatest extent
practicable, all equipment and products purchased with funds made available under this Agreement will
be American-made.
(g) The Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111 -117), which prohibits
distribution of federal fund s made available under the Act to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries. The Continuing Appropriations Act, 2011,
Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are
available under the conditions provided by Pub. L. 111-11 7.
(h) Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333) -If this Contract involves federal
funding in excess of $2,000 for construction contracts or in excess of $2,500 for other contracts that
involve the employment of mechanics or laborers, compliance with sections 102 and 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 32 7-333), as supplemented by Department of Labor
regulations (29 CFR Part 5) is required. Under section 102 of the Act, each contractor shall be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. Section 107 of the Act is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
(i) Resource Conservation and Recovery Act (RCRA). Under RCRA (Pub. L. 94--580 codified at 42 U.S.C.
6962), state and local institutions of higher education, hospitals, and non-profit organizations that receive
direct Federal awards or other Federal funds shall give preference in their procurement programs funded
with Federal funds to the purchase of recycled products pursuant to the EPA guidelines.
U) Immigration Reform and Control Act. Contractor shall comply with the requirements of the
Immigration Reform and Control Act of 1986, which requires employment verification and retention of
verification forms for any individuals hired who will perform any services under the contract.
When it is determined that the Subrecipient is in non-compliance with federal or state program requirements, the State
may impose any of the additional conditions and/or requirements outlined in 2 CFR § 200.207.
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Attachment F -Civil Rights Compliance
Fair Housing
As a condition for the receipt of CD BG-MIT funds, each Subrecipient must certify that it will "affirmatively further fair
housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by
implementing the actions listed below.
Each Subrecipient shall do the following:
1. Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race, color, familial
status, handicap, national origin, religion and sex);
2. Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive
fair housing calls;
3. Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in
the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a
complain t. A lternatively, the Subrecipient can post the coordinator's contact information throughout the quarter
on the home page of its website;
4. Establish a system to record the following for each fair housing call:
a) The nature of the call,
b) The actions taken in response to the call,
c) The results of the actions taken and
d) If the caller was referred to another agency, the results obtained by the referral agency;
5. Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be
conducted in consecutive quarters; and
6. Display a fair housing poster in the CD BG-MIT Office. (This does not count as a fair housing activity.)
The Subrecipient shall ensure that the fair housing contact person has received training so that he/ she can handle fair
housing phone inquiries or refer the inquiries to the appropriate people/ agencies. Records maintained by the contact will
help the community do the following:
1. Define where discriminatory practices are occurring,
2. Help the community measure the effectiveness of its outreach efforts, and
3. Provide the community with a means to gain information that can be used to design and implement strategies
that will eliminate fair housing impediments.
Examples of fair housing activities include the following:
1. Making fair housing presentations at schools, civic clubs and neighborhood association meetings;
2. Conducting a fair housing poster contest or an essay contest;
3. Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard sales
and church festivals; and
4. Conducting fair housing workshops for city/ county employees, realtors, bank and mortgage company employees,
insurance agents and apartment complex owners .
Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however, mailing a DEO-
approved fair housing brochure as an insert with utility bills will be accepted as an activity . Placing posters in public
buildings does not meet the requirement for a fair housing activity.
The Subrecipient shall document its fair housing activities by keeping photographs, newspaper articles, sign-in sheets and
copies of handouts in their CD BG-MIT project file and include information about the activities in the comment section
of each quarterly report.
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Equal Employment Opportunity
As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it and the contractors,
subcontractors, subrecipients and consultants that it hires with CD BG-MIT funds will abide by the Equal Employment
Opportunity (EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws
through the actions listed below.
Each Subrecipient shall do the following :
1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and
employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants
from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral and
other aspects of employment, on the basis of race, color, religion, sex, national origin, disability, age or genetics;
2. Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO
calls;
3. Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the
Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint.
Alternatively, the Subrecipient can pos t the coordinator's contact information throughout the quarter on the
home page of its website; and
4. Establish a system to record the following for each EEO call:
a) The nature of the call,
b) The actions taken in response to the call and
c) The results of the actions taken;
5. Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE) and women-
owned business enterprises (WBE) that operate in its region . The Subrecipient shall use this list to solicit
companies to bid on CD BG-MIT-funded construction activities and shall provide a copy of the list to the prime
contractor(s) to u se when it hires subcontractors and consultants. The Department of Management Services
maintains a list of certified minority-and women-owned businesses that can be used to develop a local
MBE/WBE li st at the following website: https://osd.dms.myflorida.com/directories.
6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60 -1.4(6) into any contracts or
subcontracts that meet the definition of "federally assisted construction contract" in 41 CFR 60-1.3 .
Section 504 and the Americans with Disabilities Act (ADA)
As a condition for the receipt of CDBG-MIT funds, the Subrecipient must certify that it provides access to all federally
funded activities to all individuals, regardless of handicap. The Subrecipient shall demonstrate its commitment to abide
by the laws through the actions listed below.
The Subrecipient shall do the following:
1. Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who:
a) Has a phys ical or mental impairment which substantially limits one or more major life activities,
b) Has a record of such an impairment or
c) Is regarded as h aving such an impairment;
2. Designate an employee as the Section 504 / ADA Coordinator who is av ailable during regular business hours to
receive Section 504/ ADA calls;
3. Publish the Section 504/ ADA Coordinator's contact information quarterly in a newspaper of general circulation
in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ ADA questions or register
a complaint. A lternatively, the Subrecipient can post the coordinator's contact information throughout the
quarter on the home page of its website; and
4. Establi sh a system to record the following for each Section 504/ ADA ca ll :
a) The nature of the call,
b) T h e actions taken in response to the call and
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c) The results of the actions taken.
Section 504 prohibitions again st discrimination (see 45 CFR part 84) apply to service availability, access ibility, d elivery,
employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance .
A Subrecipient of Federal financial assistance may not, on the basis of di sa bility:
1. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services
or other benefits ,
2. Deny access to programs, service s, benefits or opportunities to participate as a result of phys ical barriers, or
3 . Deny employment opportunities, including hiring, promotion, training and fringe benefits, for which they are
otherwise entitled or qualified .
The ADA regulations (Title II, 28 CFR part 35, and Title III, 28 CFR part 36) prohibit discrimination on the basis of
disability in employment, State and local government, public accommodations, commercial facilities, transportation, and
telecommunications . To be protected b y the ADA, one must have a disability or have a relationship or association with
an individual with a disability.
Title II covers all activitie s of state and local governments regardless of the government entity's size or receipt of Federal
funding. Title II requires tl1at State and local governments give people with disabilities an equal opportunity to benefit
from all of their programs, services and activitie s (e .g. public education, employment, transportation, recreation, health
care, social services, courts, vo ting and town meetings). State and local governments are required to follow specific
architectural standards in the new construction and alteration of their buildings. They also must relocate programs or
otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing,
vision or speech disabilities .
Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities
offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public
accommodations are private entities who own, lea se, lease to or operate facilities such as restaurants, retail stores, hotels,
movie theaters, private schools, convention centers, doctors ' offices, homeles s sh elters, transportation depots, zoos,
funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation
services provided b y private entities are al so covered b y Title III.
Section 3 -Economic Opportunities for Low-and Very Low-Income Persons
Each Subrecipient shall encourage its contractors to hire qualified low-and moderate-income residents for any job
openings that exist on CDBG-MIT-funded projects in the community. The Subrecipient and its contractors shall keep
records to document the number of low-and moderate-income people who are hired to work on CD BG-MIT-funded
projects. The number of low-and moderate-income residents who are hired to work of the project shall be reported in
the comment section of tl1e quarterly report.
The following Section 3 clause is required to b e included in CD BG-MIT-funded contracts of $100,000 or more.
Section 3 Clause
1. The work to be performed under this contract is subject to the requirements of Section 3 of tl1e Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. § 1701 u (Sec tion 3). The purpose of
Section 3 is to ensure that employment and otl1er economic opportunities generated b y HUD assistance or HUD-
assisted projects covered by Section 3, shall, to tl1e greatest extent feasible , be directed to low-and very low-
income persons, particularly persons who are Subrecipients of HUD assistance for housing.
2. The Parties to this contract agree to comply with HUD 's regulations in 24 CFR part 75, which implement Section
3. As evidenced b y their execution of this contract, the parties to this contract certify that they are under no
contractual or other impediment that would prevent them from complying with the part 75 regulations.
3. The contractor agrees to se nd to each labor organization or representative of workers witl1 which the contractor
has a collective bargaining agreement or other understanding, if any, a notice advising the lab or organization or
workers' representative of the contractor's commitments under tlus Section 3 clause, and will post copies of the
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notice in conspicuous places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and
the name and location of the person (s) taking applications for each of the positions; and the anticipated date the
work shall begin.
4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations
in 24 CFR part 7 5, and agrees to take appropriate action, as provided in an applicable provision of the subcontract
or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part
75. The contractor will not subcontract witl1 any subcontractor where the contractor has notice or knowledge
that the subcontractor has been found in vio lation of the regulations in 24 CFR part 75.
5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1)
after the contractor is selected but b efore tl1e contract is executed, and (2) with persons other than those to whom
the regulations of 24 CFR part 7 5 require employment opportunities to be directed, were not filled to circumvent
the contractor's obligations under 24 CFR part 7 5.
6. Noncompliance with HUD's regulations in 24 CFR part 7 5 may result in sanctions, termination of this contract
for default and debarment or suspension from future HUD assisted contracts.
7. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(6) of
the Indian Se lf-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be
performed under this contract. Section 7 (6) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts
and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this
contract that are subj ect to tl1e provisions of Section 3 and Sectio n 7 (b ) agree to comply with Section 3 to the
maximum extent feasible, but not in derogation of compliance with Section 7 (6).
Civil Rights Regulations
As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will abide by the following
Federal laws and regulations:
1. Title VI of the Civil Rights Act of 1964 -Prohibits discrimination by government agencies that receive Federal
funding;
2. Title VII of the Civil Rights Act of 1964 -prohibits employment discrimination on the basis of race, color,
religion, sex or national origin;
3. Title VIII of the Civil Rights Act of 1968 -as amended (the Fair Housing Act of 1988);
4. 24 CFR § 570.487 (b) -Affirmatively Furthering Fair Housing;
5. 24 CFR § 570.490(6) -Unit of general local government's record;
6. 24 CFR § 570.606(6) -Relocation assistance for displaced persons at URA levels;
7. Age Discrimination Act of 19 7 5;
8. Executive Order 12892 -Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively
Furthering Fair Housing;
9. Section 109 of the Housing and Community Development Act of 19 74 -No person shall be excluded from
participation in, denied benefits of or subjected to discrimination under any program o r activity receiving CDBG-
MIT funds because of race, color, religion, sex or national origin;
10. Section 504 of the Rehabilitation Act of 19 73 and 24 CFR part 8, which prohibits discrimination against people
with disabilities;
11. Executive Order 11063 -Equal Opportunity in Housing;
12. Executive Order 11246 -Equal Employment Opportunity; and
13. Section 3 of the Housing and Urban Development Act of 1968, as amended -Employment/Training of Lower
Income Residents and Local Business Contracting.
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h b . fy h Colli er County Board of County Commissione rs h 11 1 · tl all f h · · d F d 1 1 · li d · I ere y certl t at _____________ s a comp y W1 1 o t e prov1s1ons an e era regu atlons ste ill
this Attach ment F.
By: Date:
Name: William L. McDaniel,Jr.
Title: C hairman
~ Remainder of this page is intentionally left blank ~
re D. Perry
Assistant County Attorney
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Attachment G -Reports
The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to
timely file these reports constitutes an Event of Default, as defined in Paragraph (10) Default, of this Agreement.
1. Monthly Progress Report must be submitted to DEO ten (10) calendar days after the end of each month.
2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than the 10th
of every April,July, October and January.
3. A Contract and Subcontract Activity form, Form HUD-2516, currently available at
https://www.hud.gov/ sites/ d ocuments/DOC_3 6660; which is incorporated herein by reference, must be submitted
by April 15 and October 15 eac h yea r through the DEO 's SERA reporting system. The form must reflect all
contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise
participation. If no activity has taken place during the reporting period, the form must indicate "no activity".
The Subrecipient shall clo seout its use of the CDBG-MIT fund s and its obligations under this Agreement by
complying with the clo seout procedures in 2 CFR § 200.343. Activities during tlus clo se-out period may include, but
are not limited to: making final payments, disposing of program assets (including the return of all unused materials,
equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and
determining tl1e custodianship of records.
Notwithstanding the terms of 2 CFR 200.343, upon the expiration of tlus Agreement, the Subrecipient shall transfer to
the recipient any CD BG-MIT funds on hand at the time of expiration and any accounts receivable attributable to the
use of CDBG-MIT funds. Further, any real property under the Subrecipient's control that was acquired or
improved in whole or in part with CD BG-MIT funds (including CD BG-MIT funds provided to the Subrecipient in
the form of a loan) shall be treated in accordance with 24 CFR 570.503(6)(7).
4. In accordance with 2 CFR part 200, should the Subrecipient meet the threshold for submission of a single or program
specific audit, the audit must be conducted in accordance with 2 CFR part 200 and submitted to DEO no later than
nine months from the end of the Subrecipient's fiscal year. If the Subrecipie nt did not meet the audit threshold, an
Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subrecipient's
fiscal ye ar.
5. A copy of tl1e Audit Compliance Certification form, Attachment J, must be emailed to audit@deo.myflorida.com
within sixty (60) calendar days of the end of eac h fiscal year in wluch tlus subgrant was open.
6. The Section 3 Summary Report, form H UD-60002, must be completed and submitted through DEO's SERA
reporting system by July 31, annually. The form must b e used to report annual accomplishments regarding
employment and other economic opportunities provided to p erso n s and businesses tl1at meet Section 3 requirements.
7. Request for Funds must b e submitted as required b y DEO and in accordance with the Project Description and
Deliverables, Project Budget and Activity Work Plan.
8. All forms referenced herein are available online or upon request from D EO 's grant manager for tlus Agreement.
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Attachment H -Warranties and Representations
Financial Management
The Subrecipient's financial management system must comply with the provisions of 2 CFR part 200 (and particularly 2
C.F.R 200.302 titled "Financial Management"), Section 218.33, F.S., and include the following:
1. Accurate, current and complete disclo sure of the financial results of this project or program.
2. Records tl1at identify tl1e source and use of fund s for all activities. These records shall contain information
pertaining to grant awards, authorizations, obligations, unobligated balances , a ssets, outlays, income and interest.
3. Effective control over and accountability for all funds, property and other assets. The Subrecipient sh all safeguard
all assets and assure that they are used solely for authorized purposes .
4. Comparison of expenditures with budget amounts for each Request for Funds (RFF). Whenever appropriate,
financial information should be related to performance and unit cost data.
5. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 CFR
part 200 (and particularly 2 CFR 200 Subpart E titled "Costs Principles") and the terms and conditions of this
Agreement.
6. Cost accounting records that are supported b y backup documentation.
Competition
A ll procurement transactions must follow the provisions of 2 CFR §§ 200.318-200.327 and be conducted in a manner
providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive
practices among contractors tl1at may restrict or eliminate competition or otherwise res train trade. In order to ensure
objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft
specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from
competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror wh ose
proposal is most advantageous to tl1e program, considering the price, quality and otl1er factors. Solicitations shall clearly
set fortl1 all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evalu ated by the
Subrecipient. Any and all bids or offers may be rejected if there is a sound, documented reason.
Codes of Conduct
The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged
in the award and administration of contracts. No employee, officer or agent sh all participate in the selection, award or
administration of a contract supported b y a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict would arise when the employee, officer or agent, any member of his or her in1mediate family, his or h er partner,
or an organization which employs or is about to employ any of the parties indicated, h as a financial or other interest in a
tangib le personal benefit from a firm considered for a contract. The officers, employees and agents of the Subrecipient
shall neither solici t nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts.
The standards of conduct must provide for disciplinary actions to be applied for violations of the standard s by officers,
employees or agents of the Subrecipient. (See 2 CFR § 200.318(c)(1).)
Business Hours
The Subrecipient shall have its offices open for business, witl1 tl1e entrance door open to the public, and at least one
employee on site at all reasonable times for business. "R easonable " shall be constrned according to circumstances, but
ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
Licensing and Permitting
A ll contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of
ilie particular work for which iliey are hired by ilie Subrecipient.
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Attachment I -Audit Requirements
T h e administration of resources awarded b y D E O to the Subrecipient may be subj ec t to audits and/ or monitoring b y
D EO a s described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F -A udit Requirements, and section
2 15.9 7, F.S., as revised (see "AUDITS" below), monito ring procedures may includ e, but n ot b e limited to, on-site visits
b y D E O s taff, limited scop e audits as d efined b y 2 CFR §200.425, or other procedures. By e ntering into this Agreement,
the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate b y
D E O . In the event D EO d etermines that a limited scope audit of the Su brecipient is appropriate, th e Subrecip ient agrees
to comply with any additional instructions provided by D EO staff to the Subrecipient regarding such audit. T h e
Subrecipient furth er agrees to comply and cooperate with any inspections, reviews, inves tiga tions or audits deemed
neces sary b y the Chief Financial Officer (CFO ) or A uditor General.
AUDITS
PART I: FEDERALLY FUNDED. This part is applicable if the Subrecipient i s a s tate or local government or
nonprofit organization as d efin e d in 2 CFR §200.90, §200.64, and §200.70 .
1. A Subrecipient that expends $75 0,000 or m o r e in fe deral awards in its fi sc al year must h ave a single or program -
specific audit conducted in accordance with the provisio ns of 2 CFR 200, Subpart F -A udit R e quirements.
EXHIBIT 1 to this form li sts the federal resources awarded thro ug h D EO by this agreement. In determining
the federal awards ex p ended in its fi sc al yea r, the Subrecipient shall consider all sources of federal awards,
including federal r eso urces received from DEO. The d e termination of amounts of federal awa rds expended
should be in accordance with the guid eline s established in 2 CFR §§2 00.502-5 03. An audit of the Subrecipient
conducted b y the Auditor General in accordance with the provisio n s of 2 CFR §2 00.514 will m eet the
requirements of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the Subrecipient sh all fulfill the requirements rela tive
to auditee r es p o n sibilities as provided in 2 CFR §§200 .508-5 12.
3. A Subrecipient that ex p ends less th an $750,000 in federal award s in its fi scal year is not required to h ave an audit
conducted in accordance with the provisio n s of 2 CFR 200, Subpart F -A udit R equirements. If the Subrecipie nt
expends less th an $750,000 in federal awards in its fisca l year and elects to h ave an audit conducted in
accordance with the provisio n s of 2 CFR 200, Subpart F -A udit R equirements, the cost of the audit must b e
paid from non-federal r esources (i.e., the cost o f su ch an audit must be paid fr om Su brecipient resources
obtained from o ther than federal entities).
PART II: STATE FUNDED . This part is appli cable if the Subrecipien t is a non -s tate e ntity as defined by Section
2 15.97(2), F.S.
1. In the event that the Subrecipient expends a total amount of state financial assistance e qual to or in excess of
$7 50 ,000 in any fi scal year of such Subrecipient (for fisca l years ending June 30, 2017, and th ereafter), the
Subrecipient mus t have a state single or proj ect-specific audit for such fi scal year in accordance w ith section
215.97, F.S.; Rule C hapter 691 -5, F.A.C., State Financial Assistance; and C hapters 10.550 Oocal governmental
entities) and 10.650 (n o nprofit and for -profit organizations), Rule s of the Auditor General. EXHIBIT 1 to thi s
form li st s the state financial assistance awarded through D EO by this agreement. In determining the state
financial assistance expended in its fi sc al year, th e Subrecipient sh all consider all so urces of state financial
ass istance, including sta te finan cial assistance r ec eived from D E O, other sta t e age n cies, and other n onstate
entities. State fin an cial assistance does n ot include fed eral direct or p ass-thro ugh awards and resources received
by a nonstate entity for federa l program matching requirements.
2. For the audit requirements addresse d in P art II, paragra ph 1, the Subrecip ient sh all en sure that th e audit
complies with the r equirem ents of sec tion 215.9 7(8), F.S . This includes submiss ion o f a financial r eporting
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package as defined b y sec tion 215 .97(2), F.S., and C hapter s 10.550 (local governmental entities) and 10.650
(nonprofit and for-profit organizatio n s), Rule s of th e Auditor General.
3. If the Subrecipient expend s le ss than $75 0,000 in s tate financial assistance in its fi sc al ye ar (for fiscal ye ar s
ending June 30, 2017, and thereaft er), an audit conducted in accordance with the provisions of section 215.9 7,
F.S., is not required . If the Subrecipient expends less than $75 0,000 in state financial assistance in its fiscal year
and elects to have an audit conducted in accordan ce with the provisions of sec tion 215.97, F.S., the cost of the
audit mus t be paid from the non state entity's r esources (i.e., the cost of such an audit mus t be paid from the
Subrecipient's resources o btained from other than state entities).
PART III: OTHER AUDIT REQUIREMENTS
(NOTE : This part would be used to specify af!Y additional audit requirements imposed l?J, the S tate awarding entify that are so lely a matter
of that State awarding entity'spoliry (i.e., the audit is not required l?J, Federal or S tate laws and is not in conflict with othe r Federal or State
audit requirements). Pursuant to Section 2 15.97(8), F.S., S tate agemies mqy conduct or arrange for audits of state financial assistance th at
are in addition to audits conducted in acwrdance with Section 2 15.97, F .S. I n such an event, the S tate awarding agenry must arrange for
funding the full cost of such additional audits.)
N/A
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200 , Subpart F -Audit
Requirements, and r equired b y Part I of this form shall be submitted, when required b y
2 CFR § 200.512, by or on behalf of the Subrecipient directly to the Federal A udit Clearinghouse (FAC) as
provided in 2 CFR § 200.36 and §200.512 .
The FAC's website provid es a data entry sys t em and required forms for submitting the single audit reporting
package. Updates to the location of the FAC and data entry sys tem may be found at the 0MB web site.
2 Copies of financial reporting packages required b y Part II of this form sh all be submitted b y or on behalf of
the Subrecipient directly to each of the fo ll owing:
a. DEO at each of the fo ll owing addresses:
Electronic co pies (preferred): or
Audit@deo.mvflorida.com
Paper (11ard copy):
Department Economic Opportunity
MSC# 7 5, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
b. The Auditor General's Office at the following address:
Auditor General
Local Government A udits
342 Claude Pepper Building, Room 401
111 West Madison Stree t
Tallaha ssee, Florida 32399-1450
The Auditor General's website (11ttps: / / flauditor.gov /) provides instructions for filin g an electronic
copy of a financial reporting package.
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3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf
of the Subrecipient directly to:
Electronic copies (preferred): or
Audit@deo.mvflorida.com
Paper (hard copy):
Department Economic Opportunity
MSC# 75, Ca ldwell Building
10 7 East Madison Street
Tallahassee, FL. 32399-4126
4. Any reports, management letters, or other information required to be submitted DEO pursuant to this
agreement shall be submitted timely in accordance with 2 CFR §2 00.512, section 215.97, F.S., and Chapters
10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
5. Subrecipients, when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR
200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit
and for-profit organizations), Rules of the A uditor General, should indicate the date that the reporting package
was delivered to the Subrecipient in correspondence acco mpanying the reporting package.
PART V: RECORD RETENTION . The Subrecipient shall retain sufficient records demonstrating its compliance
with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state
fiscal years after all reporting requirements are sati sfied and final payments have been received, w hichever period is longer,
and shall allo w DEO, or its designee, CFO, or Auditor General access to such records upon request. The Subrecipient
shall ensure that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon request
for a period of six (6) ye ars from the date the audit report is issued, unless extended in writing by D EO. In addition, if
any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of
the controlling period as identified above, the records shall be retained until completion of the action and resolution of
all issues which arise from it, or until the end of the controlling period as identified above, which ever is longer.
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Exhibit 1 to Attachment I -Funding Sources
Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:
Federal Awarding Agency:
Federal Funds Obligated to Subrecipient:
Catalog of Federal Domestic Assistance Title:
Catalog of Federal Domestic Assistance Number:
Project Description:
This is not a research and development award.
U.S. Department of Housing and Urban Development
$2 16,552.00
Community Development Block Grants/State's Program
and Non-Entitlement Grants in Hawaii
14.228
Funding is being provided to the Marion E. Fether Medical
Center in Collier County to replace 65 doors and windows
with nonimpact glazing material will solidify the facility's
ability to withstand wind, heat, or water damage after a
storm and immediately respond to tl1 e needs of their
population.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as
Follows:
Federal Program
1. The Subrecipient shall perform its obligations in accordance witl1 Sections 290.0401-290.048, F.S .
2. The Subrecipient shall perform its obligations in accordance witl1 24 CFR §§ 570.480 -570.497.
3. The Subrecipient shall perform the obligations as set fortl1 in this Agreement, including any attachments or
exhibits thereto.
4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051 (1) and (3), F.A.C.
5. The Subrecipient shall be governed b y all applicable laws, rules and regulations, including, but not necessarily
limited to, those identified in Award Tenns & Conditions and Other Instructions of the Subrecipient's
Notice of Subgrant Award/Fund Availability (NFA).
State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: N/A
Matching Resources for Federal Programs: N /A
Subject to Section 215.97, Florida Statutes: N/A
Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows:
NIA
NOTE: Title 2 CFR § 200.331 and Section 215 .97 (5), F.S., require that the information about Federal Programs and
State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the
Subrecipient.
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Attachment J -Audit Compliance Certification
Email a copy of tliis form witlii,1 60 days of tlie e11d of eacl1 fiscal year in wl1icl1 d1is s ubgrant was
open to audit@ deo.my florida.com .
Su brecipient:
FEIN: I Subrecipient's Fiscal
Year:
Contact Name: I Contact's Phone:
Contact's Email:
1. Did the Subrecipien t expend state financial assista n ce, during its fiscal yea r that it received under an y
agreement (e.g., contract, gra n t, m emorandum of agreement, memorandum of understanding,
eco n omic incentive award agreem e n t, etc.) b etween the Subrecipient and the Department of
Economic Opportunity (DEO)? 0 Yes □No
If the above answer is yes, answer the fo ll owing before proceeding to item 2.
Did the Subrecipient expend $750,000 or more of s tate financial ass istance (from DEO and all o ther
sources of state financial assistance combined) during its fiscal year? 0 Yes 0 No
If yes, the Subr ecipient certifies that it will timely comply with all applicable State single or
project-specific audit requirements of Section 215. 97, Florida Statutes and the applicable rules
of the Departme nt of Financial Services and the Auditor General.
2. Did the Subrecipient ex p end federal awards during its fi scal year that it received under any agreement
(e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive
award agreement, etc.) b etween the Subrecipient and DEO? 0 Yes □No
If the a b ove answer is yes, al so answer the fo ll owing before proceeding to execution of this
certificatio n:
Did the Subrecipient expend $750,000 or more in fed eral awards (from DEO and all oth er sources of
federal awards combined) during its fiscal year? 0 Yes 0 No
If yes, the Subrecipie nt certifies that it will timely comply with all applicable single or
program-specific audit requirements of2 CFR p art 200, subpart F, as revi sed .
By signing below, I certify, on behalf of the Subrecipient, that the above representations for items
1 and 2 are true and correct.
Signature of A uthorized Representative Date
Printed Nam e of A uthorized Representative Titl e of Authorized Representative
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Attachment K -Subrecipient Enterprise Resource Application (SERA) Form
Attachment K will be provided after execution of this Agreement
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Attachment L
2 CFR Appendix II to Part 200 -Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards
Appendix II to Part 200 -Contract Provisions for Non-Federal Entity Contracts Under Federal
Awards
In addition to other provisions required b y the Federal agency or non-Federal entity, all contracts made by the
non-Federal entity under the Federal award must contain provisions covering the fo ll owing, as applicable.
(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in
instances where contractors violate or breach contract terms, and provide for such sanctions and penalties
as appropriate .
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the
non-Federal entity including the manner b y which it will be affected and the basis for se ttlement.
(C) Equal E mployment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include
the equal opportunity clause provided under 41 CFR 60-1.4(6), in accordance with Executive Order
11246, "Equal Employment Opportunity" (3 0 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339),
as amended b y Executive Order 113 75, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract
Complian ce Programs, Equal Employment Opportunity, Department of Labor."
(D) Dav is-Bacon Act, as amended (40 U.S.C. 3141 -3148). When required by Federal program legislation,
all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a
provision for compliance with the Davis-Bacon Ac t (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (2 9 CFR Part 5, "Labor Standard s Provisions
Appli cable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with
the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made b y the Secretary of Labor. In addition,
contractors must be required to pay wages not le ss than once a week. The non-Federal entity must place
a copy of the current prevailing wage determination issued b y the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance
of the wage determinatio n. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts mus t also include a provision for complia n ce with the Copeland
"Anti-Kickback" Act (40 U.S.C. 3145), as supplemented b y Department of Labor regulations (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"). The Act provides that each contractor or subrecipient must
be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
The non-Federal entity mus t report all suspected or reported violations to tl1e Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (4 0 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 tl1at involve tl1e employment of
mechanics or laborers must include a prov isio n for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of tl1e Act,
each contractor must b e required to compute the wages of every mechanic and laborer on tl1e basis of a
standard work week o f 40 hours . Work in excess of the sta ndard work week is permissible provided that
the worker is compensated at a rate of not less tl1an one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
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construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition
of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wis h es 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 that "funding
agreement," the recipient or subrecipient must comply with the requirements of 3 7 CFR Part 401, "Rights
to Inventions Made b y Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended -Contracts and subgrants of amounts in excess of $150,000 must contain a provision
that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689) -A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the 0MB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Su spension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) -Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congres s in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award .
0) See 200.323 -Procurement of Recovered Materials.
(K) See 200.216 -Prohibition on certain telecommunications and video surveillance services or
equipment.
(L) See 200 .322 -Domestic Preferences for procurements.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 7 5888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020]
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Attachment M
State of Florida
Department of Economic Opportunity
Federally Funded
Community Development Block Grant
Disaster Recovery (CD BG-MIT) Subrogation Agreement
This Subrogation and Assignment Agreement ("Agreement") is made and entered into b y and between Collier
County (hereinafter referred to as "Subrecipient") and the State of Florida, Department of Economic
Opportunity (hereinafter referred to as "DEO").
In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's
application for the receipt of funds (collectively, the "Grant Proceeds") under the DEO Community
Development Block Grant-Mitigation Program (the "CDBG-MIT Program") administered by DEO,
Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all payments
received from any grant, sub sidized loan, la wsuit or insurance policies of any type or coverage or under any
reimbursement or relief program related to or administered by the Federal Emergency Management Agency
("FEMA") or the Small Business Administration ("SBA") (singularly, a "Disaster Program" and collectively,
the "Disaster Programs") that was the basis of the calculation of Grant Proceeds paid or to be paid to
Subrecipient under the CDBG-MIT Program and that are determined in the sole discretion of D EO to be a
duplication of benefits ("DOB") as provided in this Agreement.
The proceeds or payments referred to in the preceding paragraph, whether they are from insurance, FEMA or
the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as
"Proceeds," and any Proceeds that are a DOB shall be referred to herein as "DOB Proceeds." Upon receiving
any Proceeds, Subrecipient agrees to immediately notify DEO who will determine in its so le discretion if such
additional amounts constitute a DOB . If some or all of the Proceeds are determined to be a DOB, the portion
that is a DOB shall be paid to DEO, to be retained and/ or disbursed as provided in this Agreement. The
amount of DOB determined to be paid to DEO shall not exceed the amount received from the CD BG-MIT
Program.
Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the
insurers for reimbursement of DOB Proceeds under any such policies. Subrecipient's assistance and
cooperation shall include but shall not be limited to all owing suit to be brought in Subrecipient's name(s) and
providing any additional documentation with respect to such consent, giving depositions, providing documents,
producing record and other evidence, testifying at trial and any other form of assistance and cooperation
reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and
collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster
Program.
If requested by DEO, Subrecipient agrees to execute such further and addition al documents and instruments
as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to
Subrecipient under the CDBG-MIT Program, tl1e Policies, any amounts received under the Mitigation
Programs that are DOB Proceeds and/ or any rights iliereunder, and to take, or cause to b e taken, all actions
and to do, or cause to be done, all things requested by DEO to cons=ate and make effective the purposes
of this Agreement.
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Subrecipient explicitly all ows DEO to request of any company with which Subrecipient held insurance policies,
or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds, any
non-public or confidential information determined to be reasonably necessary by DEO to monitor/ enforce its
interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to
release said information to DEO.
If Subrecipient (or any lender to which DOB Proceeds are payable to such lender, to the extent permitted by
superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such
amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount
greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the
calculation of Subrecipient's award.
In tl1e event that tl1e Subrecipient receive s or is scheduled to receive any subsequent Proceeds, Subrecipient
shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such
subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds"). Subsequent Proceeds in excess
of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be
disbursed as follows:
1. If the Subrecipient has received full payment of tl1e Grant Proceeds, any Subsequent DOB Proceeds
shall be retained by DEO .
2. If the Subrecipient has received no payment of the Grant Proceeds, any Sub sequent DOB Proceeds
sh all be used by DEO to reduce payments of tl1e Grant Proceeds to the Subrecipient, and all
Subsequent DOB Proceeds shall be returned to the Subrecipient.
3 . If the Subrecipient has received a portion of the Grant Proceeds, any Subsequent DOB Proceeds shall
be u sed, retained and /or disbursed in the following order: (A) Subsequent DOB Proceeds shall first
be u sed to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB Proceeds in
such amount shall be returned to the Subrecipient; and (B ) any remaining Subsequent DOB Proceeds
shall be retained by DEO.
4. If DEO makes the determination that tl1e Subrecipient does not qualify to participate in the CDBG-
MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, tl1e
Subsequent DOB Proceeds shall be returned to tl1e Subrecipient, and this Agreement shall terminate.
Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient, DEO will reassign to
Subrecipient any rights assigned to DEO pursuant to this Agreement.
Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds
received by Subrecipient shall be true and correct as of the date of the signing of this Agreement.
Warning: Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject
to civil or crinunal penalties under 18 U.S.C. 28 7 , 1001 and 31 U.S.C. 3729.
-Remainder of this page is intentionally left blank -
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The person executing this Agreement on behalf of the Subrecipient hereby represents that he \she has received,
read, and understands this notice of penalties for making a false claim or statement regarding Proceeds received
b y Subrecipient.
In any proceeding to enforce this Agreement, D E O shall be entitled to recover all costs of enforcement,
including actual attorney's fee s.
By
Signature
illiam L. McDaniel, Jr.
Title Chairman
Date
.. '
ATTEST: ... H>n
CRYSTA~ _ .. KfNZEJ!(GLERK
' ·. ,,
Derek D. Perry
Assistant County Attorney
By
Title
Date
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DEPARTMENT OF ECONOMIC
OPPORTUNITY
Signature
Meredith Ivey
Chief of Staff
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8/4/2022
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