Loading...
Agenda 10/14/2025 Item #16D 4 (CDBG Subrecipient Grant Agreement #CD25-01 between COllier County and Big Cypress Housing Corporation)10/14/2025 Item # 16.D.4 ID# 2025-2685 Executive Summary Recommendation to approve and authorize the Chair to sign Community Development Block Grant Subrecipient Grant Agreement #CD25-01 between Collier County and Big Cypress Housing Corporation in the amount of $750,000 to fund the Big Cypress – Main Street Village Roofing Rehab Project. (Housing Grant Fund 1835) OBJECTIVE: To support low-to moderate-income citizens of Collier County and advance the County’s strategic plan by supporting comprehensive affordable housing opportunities. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program funds locally defined requests for program specific needs in the community and infrastructure improvements. Every five years the County is required to submit a Consolidated Plan to HUD outlining the goals and activities to be undertaken with HUD entitlement funds over the five-year period as well as the Annual Action Plans. On June 22, 2021, the Board of County Commissioners (Board) approved the County’s Five-Year Consolidated Plan for the use of entitlement funds for Program Years (PY’s) 2021-2025 (Agenda Item #16.D.7). As part of the County’s 5- Year Consolidated Plan, the Community and Human Services (CHS) Division is required to adopt and submit an Annual Action Plan each year. This is the fifth (5th) year of the Five-Year Consolidated Plan. The Annual Action Plan was developed in accordance with the County’s Citizen Participation Plan (CPP). The Annual Action Plan and Citizen Participation Plan public notice was advertised on May 22, 2025, in the Naples Daily News. A public hearing was held on June 5, 2025, with a (30) day comment period beginning June 6, 2025, and ending on July 6, 2025. There were no public comments received. The Board approved PY25 Action Plan on July 8, 2025 (Agenda Item #16. D. 2). The County’s process for project selection begins with an application cycle annually in January, followed by a recommendation by the Review and Ranking Committee and conditional approval by the County Manager. Recommended projects are then outlined and described in the Action Plan and eventually finalized in subrecipient agreements for activities to be approved by the Board. There may be non-material changes in project descriptions and scope of service between the initial application, development of the action plan, and finalizing the contractual agreements presented to the Board for approval. The annual HUD CDBG Application Cycle commenced on January 7, 2025, with applications due on February 24, 2025. On March 26 & 27, 2025 applications for funding were reviewed and ranked. Big Cypress Housing Corporation grant application for CDBG entitlement grant funding was one selected by the Review and Ranking committee for funding. The Review and Ranking Committee, who were approved by the County Manager’s Office, scored the applications and made recommendations for approval of this agreement. The proposed agreement with Big Cypress Housing Corporation will provide $750,000.00 in funding to the rehabilitation of Main Street Village through the replacement of roofs and gutters for up to 18 buildings including 79 residential units and 1 community clubhouse. The project aims to improve the safety, longevity, and overall quality of the housing development, ensuring it continues to serve the community effectively. This investment supports essential infrastructure upgrades and aligns with ongoing efforts to preserve and enhance affordable housing assets. The agreement term is from October 1, 2025, through September 30, 2026. This item is consistent with the Collier County strategic plan objective in supporting comprehensive affordable housing opportunities. FISCAL IMPACT: This action has no new fiscal impact. The funding source for this grant is the United States Department of Housing and Urban Development CDBG grant. Funds will be budgeted in the HUD Grant Fund (1835). Funds may be allocated from CDBG Projects PY21 33763, PY22 33823, PY23 33855, PY24 33915 or PY25 33950. GROWTH MANAGEMENT IMPACT: This item has no impact on the Housing Element of the Growth Management Page 3146 of 6526 10/14/2025 Item # 16.D.4 ID# 2025-2685 Plan of Collier County. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote of the Board for approval. – CLD RECOMMENDATIONS: To approve and authorize the Chair to sign Community Development Block Grant Subrecipient Grant Agreement #CD25-01 between Collier County and Big Cypress Housing Corporation in the amount of $750,000 to fund the Big Cypress – Main Street Village Roofing Rehab Project. (Housing Grant Fund 1835) PREPARED BY: Melissa Juarez, Grants Coordinator I, Community and Human Services Division ATTACHMENTS: 1. CDBG-CD-25-01 Big Cypress Housing Corp Page 3147 of 6526 FAIN #B-21-UC-12-0016 B-22-UC-12-0016 B-23-UC-12-0016 B-24-UC-12-00t6 B-25-UC-12-00t6 Federal Award Date EST- 1 0/2025 Federal Award Agency HUD CFDA Name Communify Development Block Grant CFDA/CSFA#14.2t8 Total Amount of Federal Funds Awarded $750,000.00 Subrecipient Name Big Cypress Housing Corporation UEI#KTMABTGWJRX4 FEIN 65-1067124 R&D NA Indirect Cost Rate NA Period of Performance 10t0v202s - 9t3012026 Fiscal Year End 12131 Monitor End:1212031 AGREEMENT BETWEBN COLLIER COUNTY AND Big Cypress Housing Corporation CDBG Grant Program - Construction THIS AGREEMENT is made and entered into this _ duy of _ 2025,by and between Collier County, a political subdivision of the State of Florida, (COI-INTY) having its principal address at 3339 Tamiami Trail East, Suite 273, Naples FL 34112, and Big Cypress Housing Corporation (SUBRECIPIENT), a private non-profit (or other type) organization having its principal office at 19308 SW 380th Street Florida City, FL 33034. WHERIAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County (Board) approved the Collier County Consolidated Plan - One-year Action Plan for Federal Fiscal Year 2025-2026 for the CDBG Program with Resolution2025-134 on July 8,2025 -Agenda Item 16.D.2; and CAO WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2025-2026 Annual Action Plan, on May 22,2025,with a 30-day Citizen Comment period from June 6,2025, to July 6,2025; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and BIG CYPRESS HOUSING CORPORATION cD25-01 Big Cypress - Main Street Village Roofing Rehab page I Page 3148 of 6526 WIIEREAS, the COLNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project - (CD-25-01) Big Cypress - Main Street Village Roofing Rehab. NOW, TIIREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OFWORI( SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Humal Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Big Cypress - Main Street Village Roofing Rehab Project Component One: Construction: Replacement ofRoofs and Gutters including but not limited to permits, labor, drawings, advertising, fees, materials, and any other costs associated with removal and installation for up to l8 buildings (79 units and 1 clubhouse). 1.1 GRANT AND SPECIAL CONDITIONS Within sixty (60) calendar days of execution of this Agreement, SUBRECIPIENT must deliver to CHS fcrr approval, a detailed project schedule for the completion ofthe project. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty (60) days ofexecution ofthis Agreement: Fair Housing Policy Affirmative Action/Equal Employment Opportunity Policy Conflict of lnterest Policy (COI) and related COI Forms Procurement Policy Uniform Relocation Act (JRA) Policy Davis Bacon Policy B xxxxxx BIG CYPRESS HOUSING CORPORATION cD25-01 Big Cypress - Main Street Village Roofing Rehab Pagc 2 CAO Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY 2025-2026 CDBG funds up to the gross amount of $750,000 to Big Cypress Housing Corporation to fund the rehabilitation of Main Street Village through the replacement of roofs and gutters for up to 18 buildings (79 Units & I Clubhouse) in the development. The property will be deed restricted for five (5) years commencing on the date ofinitially meeting one ofthe National Objectives, in accordance with 24 CFR 570.505, ifapplicable. Page 3149 of 6526 BABA 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 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, executed by the COLTNTY, and either (i) the determination that the project is exempt or (ii) the COUNTY's receipt ofan approved request for release offunds and certification from HUD, under 24 CFR Part 58. The provision ofany funds to the project is conditioned on the COUNTY's determination to proceed with, modif,, 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, SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuing a 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. D. Conflict of Interest - SUBRECIPIENT must have written conflict of interest policies. The CDBG Program distinguishes between two types of conflict of interest: one related to organizations that carry out the project (recipients or subrecipients), and another specific to individuals involved in providing services and dayto-day project operations. SUBRECIPIENT shall have written policies related to both types ofconflicts ofinterest. x Xxxxxxxx C BIC CYPRESS HOUSING CORPORATION cD25-0t Big C!,press-Main Sreet Village Roofing Rehab Page 3 cAO With respect to the use of CDBG funds to procure services, equipment, supplies, or other property, the SUBRECIPIENT shall comply with 2 CFR part 200. With respect to all other decisions involving the use of CDBG funds, the following restrictions shall apply: No person who is an employee, agency consultant, officer, or elected or appointed official of the Subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a person or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the process thereunder, eitler for himself or herself or for those with whom he or she has family or business ties, during his or her tenure for one year thereafter. Ifa conflict or a potential or perceived conflict of interest is to occur, the SUBRECIPIENT must contact the COUNTY to determine whether an exception will be allowed as prescribed by the applicable federal regulations. Page 3150 of 6526 tl 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. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grant Coordinator, not to exceed four (4) sessions. 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 ofthe Civil Rights Act of 1964 (Title VI) in order to receive a particular service, benefit, or encounter. In accordance with Title VI and its implementing regulations, SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities funded with HUD Funds by LEP persons. Any of the following actions could constitute "reasonable steps," depending on the circumstances: acquiring translators to translate vital documents; advertisements or notices; acquiring interpreters for face-to-face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. Build America, Buy America - SUBRECIPIENT must comply with the requirements of the Build America, Buy America (BABA) Act, 4l USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the SUBRECIPIENT's infrastructure project. Pursuart to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. All infrastructure project contracts and subcontracts must contain Buy America Preference (BAP) compliance requirements for product and material purchases, the requirement to maintain records that verifl compliance with the BAP, and that any project-specific waiver be approved prior to purchasing products or materials ot produced in the U.S. If BABA is applicable to this Agreement, SUBRECIPIENT shall maintain a BABA construction checklist, product certification letter(s), and other supporting documentation or BABA waiver, as applicable, and provide such documentation, as requested by CHS. F G A. ProjectDescription/ProjectBudget BIG CYPRESS HOUSING CORPORATION cD2s-01 Big Cypress Main Street Village Roofing Rehab Page 4 cAo I.2 PROJf,CT DT]TAILS Page 3151 of 6526 Description Federal Amount Project Component l: Construction: Replacement of Roofs and Gutters including but not limited to permits, labor, advertising, drawings, fees, materials, and any other costs associated with removal and installation for up to l8 buildings (79 units and I clubhouse Total Federal Funds: $750,000.00 s750,000.00 trx xxxxx x xxxxxxxx!x SUBRECIPIENT will accomplish the following checked project tasks Pay all closing costs related to property conveyance Maintain and retain at SUBRECIPIENT location, beneficiary income certification documentation, using Exlibit D as amended, or CHS Director-approved presumed benefit documentation, and provide to the COUNTY as requested Maintain National Objective Documentation, and provide to COUNTY, as requested Provide Quarterly Reports on National Objective and project progress Provide Quarterly Leverage Funds Report Provide Quarterly Fair Housing Calls Report 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 Identifu Lead Project Manager Provide Site Design and Specifications Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work Comply '\ ith Davis-Bacon Act Labor Standards and maintain supporting documentation Comply with BABA Act and maintain supporting documentation Comply with Section 3 reporting requirements and maintain supporting documentation Provide weekly certified payroll throughout construction and rehabilitation Comply with Uniform Relocation Act (URA) Ensure applicable number of units are Section 504/ADA accessible Ensure the applicable continued use period for the project is met B. National Objective The CDBG program Funds awarded to Collier County must benefit low- to moderate-income persons (LMI). As such, SUBPGCIPIENT shall ensure that all activities and beneficiaries meet the definition of: LMA - Low/Mod Area Benefit LMC - Low/Ivlod Clientele Benefit LMH - Lo Mod Housing Benefit LMJ - LoWIr4od Job Benefit trnx tr BIG CYPRESS HOUSING CORPORATION cD25-01 Big Cypress - Main Stteet Village Roofing Rehab Page 5 CAO I Page 3152 of 6526 ![!! Must document that at least 5 I 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 investment for this Agreement. !@ Must document that at least 51 percent of persons served, are low- to moderate- income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment ofthe CDBG investrnent for this Agreement. LMII: 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 5 [ percent occupied by LMI households, and structures with less than tkee units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investrnent for 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 5l percent of which (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 ofthe CDBG investment for this Agreement. Program Deliverable Deliverable Supporting Documentation Submission Schedule lnsurance Insurance Certificate, per requirem ents in Exhibit A Within 30 days of Agreement execution, and Annually within thirty (30) days of renewal Special Grant Condition Policies (Section l.l ) Policies as stated in this Agreement Within sixty (60) days of Agreement execution Detailed Project Schedule Project Schedule Within sixty (60) days of Agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Draft Procurement Documents (Bid Packet)+ Independent Cost Estimate, Method of Procurement, Bid Advertisement, and Solicitation Packet to include Conflict of lnterest, No Enemy Contract, Traffi cking, and Whistleblower Forms Within 90 days of Agreement executlon Subcontractor Log Subcontractor Log Initially at construction start, and quarterly thereafter Quarterly Progress Report Exhibit C Quarterly throughout period of performance, and Annually after closeout. Section 3 Report Quarterly Report of New Hire Information Quarterly, within l0 days following the end ofthe quarter. Annually after closeout. BIG CYPRESS HOUSING CORPORATION cD25-01 Big Cypress Main Street Village Roofing Rehab Page 6 CAO C. Performance Deliverables Page 3153 of 6526 Fair Housing Calls Report Fair Housing Call Log Quarterly, within l0 days following the end ofthe quarter Annually after closeout. Complaint Logs Fair Housing, EEO, AA and Incident Log Quarterly, within l0 days following the end ofthe quarter Annually after closeout. Leverage Funds Report Exhibit c- l Upon submission of the final pay request in Neighborly. Davis-Bacon Act Certified Payroll Weekly Certified Payroll reports, forms, and supporting documentation required to be submitted through the County electronic certifi ed payroll system LCP Tracker. Weekly within 7 days following issuance ofpayroll checks by the subcontractor or Prime contractor Build America, Buy America (BABA) Documentation BABA construction checklist, product certification letter(s), and other supporting documentation or BABA waiver, as applicable Monthly, with monthly invoices Collier County Inventory Form Exhibit G Annually, within 60 days after FY end Annual Audit Monitoring Report Exhibit E Annually, within 60 days after FY end Financial and Compliance Audit Audit, Management Letter, and Supporting Documentation Annually, nine (9) months after FY end for Single Audit OR one hundred eighty ( I 80) days after FY end Continued Use Certification Continued Use Affidavit, if applicable Annually, for five (5) years after Project Closeout Capital Needs Assessment Plan PIan approved by the COUNTY Initial Plan due after construction completion. Annually throughout the continued use period Program lncome Reuse Plan Plan Approved by the COUNTY Annually throughout the continued use period Conflict of Interest Fonn SubrecipienVDeveloper/Vendor Conflict of Interest Disclosure Form provided by COUNTY Upon execution ofthe agreement, for all employees who work on activities associated with the grant, and upon hiring ofall new employees Whistleblower Protections Certification Exhibit H Upon execution of the agreement, for all employees who work on activities associated with the grant, and upon hhing ofall new employees Affidavit Regarding Labor and Services (Trafficking) Affidavit provided by COUNTY Upon execution ofthe Agreement. BIG CYPRESS HOUSING CORPORATION cD2s-01 Big Cypress - Main Street Village Roofing Rehab Page 7 CAO I Page 3154 of 6526 * 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- PavmentDeliverables Final 10 percent retainage will be paid upon completion offinal monitoring clearance and documentation of meeting the National Objective. SUBRECIPIENT'S failure to achieve the National Objective will require repayment ofthe CDBG investment under this Agreement. I.3 PERIODOT'PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2025, and shall end on September 30,2026, unless terminated earlier in accordance with provisions of Paragraph 3.8, Defaults, Remedies, and Termination. Any Funds not obligated by the expiration date ofthis Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term ofthis Agreement for a period ofup to 180 days after the end of the Agreement, following receipt of SUBRECIPIENT's written request submitted at least 30 days prior to agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMf,NT AMOUNT The COUNTY agrees to make available SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS AND ZERO CENTS ($750,000.00) for use by SUBRECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component l: Construction: Replacement of Roofs and Gutters including but not limited to permits, fees, labor, advertising, drawings, materials, and any other costs associated with removal and installation for up to l8 buildings (79 units and I clubhouse). Exhibit B and supporting documents, as evidenced by canceled checks, proofof wire, and/or bank statements, AIA or similar document, invoice, copy of permits, and any other additional documentation as requested. 10% retainage will be withheld with each request for payment and will be released upon completion ofactivities and final closeout monitoring. Payment requests due within 30 days ofthe prior month end. BIG CYPRESS HOUSINC CORPORATION cD25-01 Big Cypress Main Street Village Roofing Rehab Page 8 CAO Page 3155 of 6526 Modification to the Budget and Scope may only be made ifapproved in advance. Cumulative Fund shifts among line items may be approved administratively by CHS Director or designee for a total ofup to l0 percent (10%) of the total funding agreement and shall not signifo a change in scope. Fund shifts that exceed l0 percent (10%) shall require formal amendment and approval by the Board of County Commissioners (Board). 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 ofCDBG Funds until 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 ofthis 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 iftwo 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 an approved budget and COUNTY policy concerning payments. With the exception ofcertain advances, payments will be made for eligible expenses actually incuned by SUBRECIPIENT, 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 behalfof SUBRECIPIENT. CHS may withhold any payment 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 proiect inactivitv may cause Davment susDension of any oDen Day reouests until the reouired deliverables are received or substantial proiect prosression occurs. as determined bv CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed iuvoice, and in compliance with sections 218.70-218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Final invoices are due no later than 90 days after the end ofthe Agreement. Work performed during the term ofthe Program but not invoiced within 90 days afterthe end ofthe Agreement may not be processed without written authorization from the Grant Coordinator. 1.5 RIGHT OF FIRST REFUSAL For property acquisition agreements, if SUBRECIPIENT offers the Property for sale before the end ofthe Continued Use Period, SUBRECIPIENT must allow a 90-day right offirst refusal (ROFR) BIC CYPRESS IIOUSING CORPORATION cD25-01 Big Cypress- Main Street village Roofing Rehab Page 9 cAo Page 3156 of 6526 period to experienced non-profit organizations, reasonably approved by the COUNTY, for purchase ofthe Property at the then current market value or any other offer considered, in the sole determination ofthe COUNTY to be reasonable, for continued occupancy by eligible persons. The 90-day right of first refusal period begins when a legal advertisement appears in a local newspaper ofgeneral circulation, or other method authorized by statute or regulation, offering the Property for sale to non-profit organizations. 1.6 LEVERAGE FUNDS Leverage funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records. Resources must be fully identified and described in the Agreement and the approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: 1.7 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 1.7-Cost Principles) ofthis 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 identifl the associated project and approved project task(s) listed under the Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project referenced the Scope of Work, 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. SUBRECIPIENT may not be subject to 2 CFR 200 Subpart E; however, the COUNTY is and may impose requirements upon SUBRECIPIENT so that the COUNTY can remain compliant with its obligation to follow 2 CFR 200 Subpart E. SUBRECIPIENT will use adequate intemal controls BIG CYPRESS HOUSING CORPORATION cD25-01 Big Cypress - Main Street Village Roofing Rehab Page l0 c40 a. Expenditures of leverage funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishment ofproject or program objectives. b. Leverage resources committed on one project may not be used as leverage for any other project or program. c. Leverage resources must represent newly created resources covering expenditures that would not be incurred ifthe award were not made- d. Leverage resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third-party cash or in-kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in-kind contribution. The conhibution is only allowable ifnot utilized towards cost sharing dollars. Page 3157 of 6526 and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. I.8 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. Either party may change the address to which notices are to be sent to it by giving written notice ofsuch change to the other party in the manner herein provided for giving notice. Any notice, request, instruction, or other document delivered or sent as aforesaid shall be effective on the date ofdelivery 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: Melissa Juarez, Grant Coordinator Collier County Govemment Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Melissa.Juarez@colliercountyfl .sov Telephone: (23 9) 252-2590 SUBRECIPIENT ATTENTION: Steve Kirk, President Big Cypress Housing Corporation P.O. Box 343529 Florida City, Florida 33034 Email: stevekirk@ruralneighborhoods.org Telephone: (305) 242-21 42 F ax: (305) 242-2143 Remainder of Page Intentionally Left Blank BIG CYPRESS HOUSING CORPORATION cD2s-01 Big Cypress - Main Stre€t Village Roofing Rehab Page I l CAO Page 3158 of 6526 PART II GRANT CONTROL REQUIREMENTS 2.I AUDITS During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT'S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single Audit report, Management Letter, and supporting documentation nine (9) months (or audited financial statements, 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 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 conceming 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 R.ECORDS AND DOCUMENTATION All records required by CDBG regulations. Public records that ordinarily and necessarily would be required by the COUNTY to perform the service. 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 cost sharing 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, equipmen! supplies and services, and other costs and A. B. C BIG CYPRESS HOUSING CORPORATION cD25-01 Big Cyprcss- Main Street Village Roofing Rehab Page 12 CAO 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: Page 3159 of 6526 D expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. If BABA is applicable to this Agreement, SUBRECIPIENT shall document its process to identifu and classifr all Covered Materials that will be incorporated into the project. Records should describe the public infiaskucture project, identifo the Covered Materials, and include dosumentation that all iron and steel, manufactured products, and construction materials were produced in the United States or evidence ofa waiver. Documentation must be maintained regarding determination of BABA applicability to the Covered Materials used in the public infrastructure project, even if the project is determined to be exempt. Records must include documentation that all Covered Materials subject to BABA were procured from compliant sources. Ifa projecVproduct specific waiver was obtained, a copy of the approved waiver and market research supporting the need for the waiver must be maintained. Supporting documents may include U.S. made verifications; labels; vendor, manufacturer, or contractor signed certifications; product specifications; and certificate of country of origin. Upon completion ofall work contemplated under this Agreement, copies ofall 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 three (3) years after the date of COLNTY'S submission ofthe final performance and evaluation report (CAPER) to HUD, as prescribed in 2 CFR 200.334, 24 CFF.570.490 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBPGCIPIENT ceases to exist after the closeout of this Agreement, it shall notifu the COUNTY in writing, of the address where the records will 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 free from public records disclosure requirements. All records stored electronically must be provided to the COLINTY in a format that is compatible with the COTINTY'S information technology systems. IF SUBRECTPIENT 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 239-252-5837, E BIG C\?RESS HOUSINC CORPORATION cD25-01 Big Cypress - Main Street Village Roofing R€hab Page 13 CAO Page 3160 of 6526 F An gel.Bates@colliercountvfl .gov 3299 Tamiami Trail East, Naples, FL 34112. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, as amended, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and adminishative 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. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD lncome Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT'S compliance. SUBRECIPIENT shall establish a system to log all Fair Housing calls. The system must rack the nature of the calls; actions taken in response to the calls; results of the actions taken; and, if the caller was referred to another agency, the results obtained by the refenal agency. SUBRECIPIENT must submit this call log to CHS quarterly, no later than l0 calendar days alter the end of each quarter. 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 determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. SUBRECIPIENT shall take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) and other types of information in accordance with 2 CFR 200.303(e). This includes information that HUD or the COUNTY designates as sensitive, or other information the COUNTY considers sensitive and is consistent with applicable Federal, State, and Local laws regarding privacy and responsibility over confi dentiality. 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 l19, Florida Statutes or as otherwise provided by law. SUBRECTPIENT shall ensure that exempt or confidential public records that are fiee fiom public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. G J BIC CYPRTSS HOUSING CORPORATION cD25-01 Big Cypress - Main Steet Village Roofing Rehab Page 14 CAO H. K. t. Page 3161 of 6526 2.3 MONITORIN(} SUBRECIPIENT agrees that CHS may carry out no fewer than one (l) annual on-site monitoring visit and evaluation of project activities, as determined necessary, until the Continued Use Period expires. At the COUNTY's discretion, a desktop review may be conducted in lieu of an on-site visit. The continuation ofthis Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of CHS's required reports. SUBRECIPIENT shall allow on-site monitoring by CHS or HUD. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. 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. COLINTY 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 SUBRECIPIENT does not take corrective action within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of lnspector General, the General Accounting Office, the COUNTY, and/or the COUNTY's intemal audito(s) access to all records related to performance ofactivities in this Agreement. 2.4 PRf,Vf,NTION OF FRA[]D, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize intemal control systems and procedures necessary to prevent, detect, and correct incidents offraud, waste, and abuse in the performance of this Agreement, and provide proper and effective management ofall Program and Fiscal activities of the Agreement. SUBRECIPIENT'S intemal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by the COLINTY. 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, ifthe report is made in good faith. BIG CYPRESS HOUS]NG CORPORATION cD2s-01 Big Cypress - Main Street Village Roofing Rehsb Page 15 cao Page 3162 of 6526 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperfornance, or unacceptable perforrnance under this Agreement. Penalties may be imposed for failure to implement or 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: Initial noncompliance may result in the COUNTY issuing Findings or Concems to SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance ofthe report. Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted and accepted. CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2 3 If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, CHS may require SUBRECIPIENT to retum a portion of the awarded grant Funds to the COUNry. CHS may require SUBRECIPIENT to retum 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. 20 13 -228. CHS may require SUBRECIPIENT to return upwards of l0 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. 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 4 BIG CYPRESS HOUSING CORPORATION cD25-01 Big Cypress - M6in Street Viuage Roofing Rehab Page 16 CAO 1. 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 SUBRECIPIENT to return to the COUNTY a portion ofthe awarded grant amount, or the amount ofthe CDBG investment for acquisition of the properties conveyed. Page 3163 of 6526 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 noncomplian! the above sanctions may be imposed across all awards, at the Board's discretion. 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. Renorts showins lack of nroiect activity mav result in the wilhhoklinrof pgyment or issuance of a Noticc of Non- Compliancc. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the l0th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, the reporting form to be used in fulfillment of this requirement. Additionally, all leverage funds utilized in support of this project will be submitted on Exhibit C-l as part of the final report. 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 requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination ofthis Agreement. Remainder of Page Intentionally Left Blank BIC CYPRfSS HOUSINC CORPORATION cD2s-0r Big Cypress - Main Street Village Roofing Rehab Page 17 CAO 2.6 REPORTS Page 3164 of 6526 PART III Tf,RMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COLTNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance ofthis Agreement. 3,2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (he U.S. Housing and Urban Development regulations conceming Community Development Block Grants), including subpart K ofthese 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 program was funded through the Housing and Community Development Act of 1974. SUBRECIPIENT agrees to comply with all other applicable laws, regulations, and policies goveming the Funds provided under this Agreement. 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, pol itical patronage. and/or nepotism activities. 3.3 INDEPEN'DENTCONTRACTOR 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 fiom 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 COLINTY 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 COLTNTY'S Board. Such BIG CYPRESS HOUSINC CORPORAT1ON cD25-01 Big Cypress Main Street Village Roofing Rehab Page 18 CAO Page 3165 of 6526 amendments shall not invalidate this Agreement, nor relieve or release the COLNTY or SUBRECIPIENT from its obligations under this Agreement. The COI-NTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local govemmental guidelines, policies, available funding amounts, or otler reasons. If such amendments result in a change in the funding, scope of services, or schedule ofthe 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 AVAII,ABILITY OF f,'IINDS The parties acknowledge that the Funds originate fiom HUD CDBG grant Funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and IIUD goveming the CDBG Funds pertaining to this Agreement. In the event of curtailment or non-production of said Federal Funds, or the reduction ofHUD Funds to the COLNTY 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 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 COIINTY, 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 indemni! 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 attomeys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of 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 COI-NTY, and shall pay all costs (including attomey'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 ofthe 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. BIG CYPRESS HOUSING CORPORATION cD25-01 Big Cypress- Main Slreet Village Roofing Rehab Pase le cAo Page 3166 of 6526 3.7 GRANTET]RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions ofprogram sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalfof, and/or about the Program shalI include the statement: "FINANCED IN PART BY U.S. Df,PARTMENT OF IIOUSING AND URBAN DEVELOPMENT (Ht]D) AND COLLIER COUNTY COMMUNITY AND HIJMAN SER\'ICES DIVISION." The statement 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 t}e general public regarding the development team and Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. Ifthis Agreement results in any copyrightable material or inventions, CHS and/or the COLINTY reserve the right to royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AIID TERMINATION ln accordanse 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 lor such termination, the effective date, and in the case ofpartial terminations, the portion to be terminated. However, in the case of a partial termination, ifthe 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 HUD guidelines, policies. or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations underthis Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports that are incorrect or incomplete in any material respect. E. Submission ofany 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 pro.iect. BIG CYPRESS }IOUSINC CORPORATION cD25-0r Big Cypress - Main Street Village Roofing Rehab Page 20 CAO Page 3167 of 6526 In the event ofany 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 o{ or change in, professional property management, ifapplicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG Funds received under this Agreement. D. Apply sanctions, if COTNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT speciling the effective date of such termination. If the Agreement is terminated by the COIJNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION ANID DEBARMf,NT SUBRECIPIENT certifies that neither it nor its principals are presently debaned, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal Department or agency. In addition, SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a suspended or debaned contractor or vendor, 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 RE,VERSION OF ASSETS Upon Agreement termination, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at [aw, 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 athibutable to the use ofCDBG Funds, per 24 CFR 570.503(bX7). 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 ofthe 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(bX7). Al[ program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. 3.11 INSI]RANCE 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. BIC C\?RISS HOUSI\C CORPORATION cD25-01 Big Cypress - Main Street village Roofing Rehab P^ge 2l CAo Page 3168 of 6526 3.I2 ADMINISTRATIVEREQUIRf,MENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and Scope of Work (Part I), Uniform Adminishative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PTJRCHASING 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 COUNTY purchasing thresholds are: Range Competition Required $0 - ss0,000 3 Written Quotes $s0,001+Formal Solicitation (lTB, 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 the COLINTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration. CHS shall have access to all records and documents related to the Project. ln accordance with 24 CFR parts 570.202(bX3) & 570.202(b)(4), to the $eatest extent practicable, SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and appliances, that increase the effective use ofenergy and water in structures. 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 Il (J) and 2 CFR 200.323. SUBRECIPIENT must comply with the requirements of the Build America, Buy America (BABA) Act, P.L. 117-58 and 41 USC Chapter 8301 note-Buy American, and all applicable rules and notices, as may be amended, ifapplicable to the SUBRECIPIENT's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build Americ4 Buy America Provisions as Applied to Recipients of the HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after rhe applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. https ://uscode.house. eov/view.xitml?oath-/orelim @title4 I /subtitle4/chapter83&edition=relim Ifthe public infrastructure project must comply with BABA, all contracts, purchase orders, requests for proposals, and all other relevant procurement and bid documents may include the following sample language: "Pursuant to the Build America, Buy America Act (BABA), enacted as part of the Infrastructure Investment and Jobs Act (IUA). Pub. L. l17-58,41 U.S.C. 8301 note, the Federal Financial Assistance used to fund this infrastructure project is required to apply a domestic content BIG CYPRESS HOUSING CORPORATION cD25-0r Big Cypress - Mdn Street Village Roofing Rehab Page 22 CAO Page 3169 of 6526 procurement preference (the "Buy America Preference" or "BAP") for all construction, alteration, maintenance, or repair of infrastructure, including building and real property, unless application of the BAP has been waived by HUD. Additional details on fulfilling the BABA requirements can be found at https://www.hud.sov/baba." 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, ifProgram Income is derived fiom the use ofCDBG Funds disbursed under this Agreement, SUBRECIPIENT shall utilize such Program Income only for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under 24 CFR 570.500(a) gained from any SUBRECIPIENT activity tunded by CDBG Funds shall be reported to the COUNTY through an amual Program Income Reuse Plan, utilized by the SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570.489, 570.500, and 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG Funds, the income shall be prorated to reflect the percentage ofCDBG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COIINTY's Community Block Grant Program, for further reallocation- Rental Ilousins: Rental housing acquired, rehabilitated, or otherwise improved with CDBG Funds is subject to Program Income. For rental housing, Program Income is the gross revenue generated by the housing unit, reduced by the operating costs associated with generating the income. The COUNTY considers utilities, property insurance, maintenance, and property management to be operating costs that may be subtracted fiom gross revenue to determine net Program Income. For each Funded project, SUBRECIPIENT must submit a list of proposed costs incidental to the generation of Program Income for the COI-INTY'S approval. Additionally, during the continued use period, as referenced in section 3.16 (Grant Closeout Procedures) ofthis Agreement, real property under SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG Funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208. If SUBRECIPIENT sells, transfers, disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value ofthe property, after subtracting disposal costs. The percentage ofthe appraised value attributable to CDBG and non-CDBG Funds expended for the original acquisition ofor improvement to the property, under the terms of this Agreement shall be the basis for such percentage. Such payment shall constitute Program Income to the COUNTY. f,quipmenUSupplies: Per 45 CFR 75, Equipment is defined as tangible personal property (including information technology systems) having a useful life of more than one year and a per- unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. The Collier County Inventory form (Exlibit G) must be completed by SUBRECIPIENT and submitted to the COTINTY annually. Supplies are defined as all tangible personal property other than those described as Equipment. A computing device is a supply if the acquisition cost is less than the lesser ofthe capitalization level PaEe 23 c40 BIG CYPRESS HOUSING CORPORATION cD25-01 Big Cypress- Main Streel Village Roofing Rohab Page 3170 of 6526 established by the non-Federal entity for financial state purposes or $5,000, regardless ofthe lenglh of its usetul life. During the continued use period, as referenced in Section 3. t 5 (Grant Closeout Procedures) of this Agreement, equipment/supplies under SUBRECIPIENT'S control that were acquired or improved, in whole or in part, with CDBG Funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208. If SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-assisted equipment/supplies in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to the current fair market value of the equipment/supplies, less the percentage of non-CDBG funds used to acquire the equipment/supplies. At the end ofthe Grant period, the SUBRECIPIENT must request disposition instructions fiom the COUNTY for unused equipment acquired under this Agreement. Ifthe COTINTY fails to provide the requested instructions within 120 days, the unused equipment with a value of $5,000 or less, may be retained, sold, or otherwise disposed of with no further responsibility to the COUNTY. However, the COUNTY is entitled to an amount calculated by multiplying the percentage of the COUNTY's contribution towards the original purchase by the current market value or proceeds from the sale. If the equipment is sold, the COUNry may permit the SUBRECIPIENT to retain, from the Federal share, $1,000 of the proceeds to cover the expenses associated with the selling and handling ofthe equipment. At the end ofthe Grant period, unused supplies with a value exceeding $5,000 acquired under this Agreement must be sold by the SUBRECIPIENT. The COUNTY is entitled to compensation in an amount calculated by multiplying the percentage of the COUNTY's contribution towards the cost of the original purchase(s) by the cunent market value or proceeds from the sale. If supplies are sold, the COUNry may permit the SUBRECIPIENT to retain, from the Federal share, $1,000 of the proceeds to cover expenses associated with the selling and handling ofthe supplies. 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 following the SUBRECIPIENT meeting the National Objective, the recording of lien and/or deed restriction documentation, if applicable, and the closeout of the project within HUD's Integrated Data Information System (IDIS). Activities during this closeout period shall include but are not limited to making final payments; disposing ofprogram assets (including the retum ofall unused materials, equipment, Program Income balances, and receivable accounts to the couNTy); and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over cDBG 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 I19.021, Florida Statutes, regarding records mahtenance, preservation, and retention. A conflict between state and Federal records retention requirements wilr result in the more stringent raw being appried, such that BIC CYPRESS HOUSING CORPORATION cD25-01 BiB Clprcss - Main Street Village Roofing Rehab C Pae.24 3.I5 GRANT CLOSEOUT PROCEDURES Page 3171 of 6526 the record must be hetd for the longer duration. SUBRECIPIENT must retum to the COUNTY any balance ofunobligated Funds that have been advanced or paid, and any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement. SUBR-ECIPIENT 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.I6 OPPORTUNITTES FOR Rf,SIDENTS AND CIVIL RIGHTS COMPLIANCf, 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 ofthis 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 feasible, 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. 3.17 OPPORTI]NITIES 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 ofthis 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/Pacific Americans, 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. 3.18 PROGRAMBENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 5l percent of the beneficiaries ofa 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 ofthe family or household. This Agreement conforms to the definition ofAnnual Income, per 24 CFR 570.3(1Xi), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Arnual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. BIG C}?RESS HOUSING CORPORATION cD25-01 Big Cypress- Main Street Village Roofing Rehab l'a.Ee 25 CAO Page 3172 of 6526 If the project is located in an entitlement city, as defined by [IUD, or serves beneficiaries countywide, more than 30 percent ofthe beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C ofthis Agreement. 3.I9 AFFIRMATIVf, 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 I 1246 ofSeptember24,1966.Priorto the award ofFunds, SUBRECIPIENT shall submit to the COUNTY for approval a plan for its Affirmative Action Program, if federal thresholds are met. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT's contracting officer 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 advising the labor union or worker's representative of SUBRECIPIENT's commitments hereunder, and shall post copies ofthe notice in conspicuous places available to all employees and applicants for employment. 3.20 CONFLICT OF INTERf,ST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Proj€ct, has any personal financial interest, direcl or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance ofthis Agreement; and that SUBRECIPIENT shall not employ or subcontract with any person having any conflict ofinterest. The SUBRECIPIENT covenants that it will comply wilh all provisions of24 CFR 570.61I "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions goveming conflicts of interest. All SUBRECIPIENT employees who work on activities associated with this Agreement shall complete the Subrecipient/DeveloperAy'endor Conflict of Interest Disclosure Form prior to execution ofthis Agreement. Any employees hired later during the period of performance for this Agreement who will work on activities associated with this Agreement stiall also complete and submit to the COUNTY the Conflict of Interest Disclosure Form. BIC CYPRESS HOUSING CORPORATION cD25-01 Big Cypress - Main Street Village Roofing Rehab CAO SUBRECIPIENT will notifo the COUNTY in writing and seek COI-fNTY 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 ofan 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. Page 26 Page 3173 of 6526 SUBRECIPIENT shall establish Conflict of lnterest reporting requirements for its board members and staff to report their participation as a beneficiary in the program supported by this Agreement. Such reporting shall also incorporate reporting the participation of their family members who include a spouse or civil union partner, member ofthe same household, parent (including step- and in-law) grandparent (including step- and in-law), child (including step-) or grandchild (including step-), sibling (including step- and in-law), cousin, aunt, or uncle. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed to 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 ofthe project target area. The COUNTY, SUBRECIPIENT, and their contractors certiry that they will not, and have 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 3 1 USC 1352, and more firlly described in Section 4.54 ofthis Agreement. Contractors who apply or bid for an award of$100,000 or more shall file the required certification. 3,22 CONDITIONS FOR R.ELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(,). SUBRECIPIENT shall comply with First Amendment Church,/State principles as follows: It will not discriminate against any employee or applicant for employrnent and will not limit employment or give preference in employment to persons based on religion. 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. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. It shall not use Funds for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG Funds may not exceed the cost ofthose portions ofthe acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. A B C D BIG CYPRESS HOUSING CORPORATION cD25-01 Big Cypress- Main Street Village Roofing Rehab Page 27 CAO 3.2I B\'RDANTI-LOBBYINGAMENDMENT Page 3174 of 6526 3.23 INCIDENTIIEPORTING During the term of this Agreement, SUBRECIPIENT must report to the COLINTY in writing, within one business day ofoccurrence, any substantial, controversial, or newsworthy incidents. The Collier County Incident Report Form (Exhibit F) shall be used to report all such incidents. 3.24 DUPLICATION OF EFFORT SUBRECIPIENT certifies that costs for work to be performed under this Agreement and any subcontract do not duplicate any costs charged against any other contract, subcontract, or other source, in accordance with 48 CFR 1331.205-70. SUBRECIPENT agrees to advise the COUNTY in writing of any other contract or subcontract it has performed or is performing which involves work directly related to the purpose ofthis Agreement. 3.25 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability ofany other section or part thereof. 3.26 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants ofthis Agreement. SUBRECIPIENT represents and warrants that the financial data, repods, and other information it fumished to the COLTNTY 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 ofa minor, that ofa responsible parenVguardian. 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. BIG CYPRESS HOt'STNG CORPORATION cD25-01 Big Cypress Main Street Village Roofing Rehab Page 28 CAO If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any subcontractors shall report knowledge or reasonable suspicion ofabuse, neglect, or exploitation of a child, aged person, or disabled person to the COUNTY. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. Page 3175 of 6526 l'he Grant Documents shall be construed in accordance with and governed by the laws ofthe State of Florida, without giving effect to its provisions regarding choice of Iaws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.27 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 COLINTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank BIC CYPRISS HOUSING CORPORATION cD25-01 Big Cypress -Main Street Village Roofing Rehab Page 29 CAO Page 3176 of 6526 1.1 4.2 PARTIV GENERAL PROVISIONS 24 CFR 570 as amended- Atl the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bir/textidx?tpl:/ecfrbrowsetlitle24l24cfr57 0 main 02.tpl 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.sov/csi-bir/text- idx?SID:1acdb92Rb05c3f285 .1.5 iv5 Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions ofhigher 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 ofrecycled products pursuant to the EPA guidelines. Summary ofthe Resource Conservation and Recovery Act I US EPA 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 ofpolitical activities in violation of Chapter 15 Title V of the USC Federal Resister : Political Activiw-State or Local Officers or Em ployees: Federal Emolovees Residins in Desisnated Localitiesl Federal Employees 4.4 Section 104(d) and Section 109 ofTitte I ofthe Housing and Community Development Act of 1974 as amended Section 109 ofthe H C D Act of 197 HUD.sov / U.S. Department of Housins 7 4 4 and Urban Development (HUD) Section 104(d) ofthe Housins and Communitv D evelopment Act of1974, as amended (see 42 USC 5304(d) - HUD Exchanse 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. htlos ://www.hud.pov/orosram offi ces/fair hous ing equal opp/reasonable accommodations and 4.6 4.7 modifications https ://www..i ustice. gov/cdfair-housine-act- I Executive Order I 1063 - Equal Opportunity in Housing https://www.archives.gov/federal- register/codifi cation/executive-order/ I I 063.htmt Executive Order I1259 - Leadership & Coordination of Fair Housing in Federal Programs https:/iwww.archives.gov/federal-register/codification/executive-order/12259.htm1 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. //www.law.comel l -edul cfu ltext/ 2 This Agreement is subject to 24 CFR 570.601 and 510.602. ln regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed BIC CYPRESS HOUSING COR}ORATION cD25-01 Big Cypress - Main Street Villago Roofing Rehab Page 30 CAO Title vI of the civil Rights Act of 1964 as amended, Title vlII of the civil Rights Act of 1968, as amended https://www.hud.eov/orogramdescription/title6 Page 3177 of 6526 4.8 4.9 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 hereundeq agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. Title lX 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 (iustice.sov) 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 Temoorarv Assistance for Needy Families (TANF) Provisions The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994,20 USC 6083. httos://www.sovinfo.sov/content/okoUSCODE-20 | I -title2o/htm lru sco DE-20 1 I -title20 - chap68-subchapX.htm 4.10 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 (l) the percentage ofthe total costs ofthe program or project which will be financed with Federal money, (2) the dollar amount ofFederal funds for the project or program, and (3) percentage and dollar amount ofthe total costs ofthe project or program that will be financed by nongovemmental sources. 4.tt Build America, Buy America - SUBRECIPIENT must comply with the requirements of the Build America, Buy America (BABA) Act,4l USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the SUBRECIPIENT's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients ofHUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. All infrastructure project contracts and subcontracts must contain Buy America Preference (BAP) compliance requirements for product and material purchases, the requirement to maintain records that verifo compliance with the BAP, and that any project-specific waiver be approved prior to purchasing products or materials not produced in the U.S. 4.12 Purchase of American-Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American-made. Page 3l CAO BIG CYPRESS HOUSING CORPORATION cD25-01 Big Cypress - Main Street Village Roofng Rehab Page 3178 of 6526 4.13 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opporhrnity in housing. httns://www.soo. sov/ftlsvs/nks/C FR-2007 -title24 -v ol3lpdf/CFR-200 7{itle24-vol3 - sec5 70- 4.14 4.15 602.pdf Executive Order I1246 ('Equal Employment Opportunity"), as amended by Executive Orders t 1375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department ofLabor regulations.EO 11246: https://www.dol. gov/asencies/ofccp/executive-order- I I 246las-amended EO 11375 and 12086: see item #8 below Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC $ 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or Affi rmative Action employer. T itle VII of the Civil Ri shts Act of 1964 U.S. Eoual EmDlovment ODDortunitv Commission 4.16 (eeoc.gov) 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 ofthe Federal financial assistance provided under this Agreement and binding upon the COLINTY, 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, tleir successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance fiom HUD and is subject to the requirements of Section 3 ofthe Housing and Urban Development Act of 1968, as amended (12 U.S.C. l70l). Section 3 requires, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents ofthe project area" and that contracts for work in connection with the project be awarded to business concems 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 pereent ofthe total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked bv Tarqeted Section 3 workers. If SUBRECIPIENT is unable to meet these marks. efforts taken to meet the requirements BIG CYPRESS HOUSING CORPORATION cD25-01 Big Cypress - Main Srreet Village Roofiflg Rehab Page 32 CAO Page 3179 of 6526 must be described. Examoles include holdin ob fai conductin0trs-on-the-ob traini nq- outreach efforts to public housing residents, and connecting residents to supportive senices. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement oflead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area ofthe project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concems that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to business concems that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. https://www.hud.eov/sites/documents/Doc I2047.PDF https ://www. ecfr. gov/currenVtitle-24/subtitle-A"/pat:75 httBs://nury.eoyiafo.eov'contenVpk plFk-2020-09 -29 lpdfl2020- 1 9 l 85.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-24lsubtitle-A"/part-75 4.17 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or nansfer shall be fumished promptly to CHS. 4.18 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order I 1246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 https://www.govinfo.sov/content/pks/USCODE- 1996-title42lodfNSCODE-1996{itle42- chaoT6.odf I I 246: https://www.dol.eov/ofcco/regs/statutes/eo I I 246.htm I 1375: Amended by EO I 1478 I 1478: https://www.archives.gov/federal-reqister/codification/executive-order/l 1478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/ l2107.html 12086: https://www.archives.sov/federal-resister/codification/executive-order/ l2086.html 4.19 Contract Work Hours and Safety Standards Act, 40 USC 321-332. https://www.dol.sov/whd/ress/statutes/safe0 I .pdf BIC CYPRESS HOUSING CORPORATION cD25-0r Big Cypress Main Street Village Roofing Rehab Page 33 CAO Page 3180 of 6526 29 USC 716: https://www ov info. sov/content/nks,{J scoDE-2010-title29lhhnlruSCODE-20 I 0- title29-chap l6.htrn 24 CFR 570.614:httns:www.ecfr. sov/current/titie-24lsubtitle-B/chaoter-V ubcs -C/oart- 4,21 The Americans with Disabilities Act of 1990: httos://www.hu g.sov/nrosram offices/fair ho usins eoual ono Americans with Disabilities Act of 1990. As Amended J ADA.eov 4.22 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. httos ://www.federalre gister. gov/docume nts 12024 I 0 5 I 03 I 2024-087 6/uni form-relocation- assistance-and-real-orooertv-acouisiti on-for-federal-and-federally-assisted 4.2s 29 CFR Parts 3 and 5 - Regulations that prescribe the payment ofprevailing wages and the use of apprentices and trainees on federally assisted projects. HLrD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 40 USC 276ato 40 USC 276a-5 -https://www.sovinfo.sov/content/pks/USCODE-2001{itle4OipdflUSCODE-2001-title40-chap3- sec27 6a.pdf 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 httos ://www. ecfr. sov/currenVtitle-29/s ubtitle-A/nart-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) httos://www.ecfr.gov /current/title-29/subtitle-AiDart-5 Executive Order I l9l4 - Prohibits discrimination with respect to the handicapped, in federally assisted projects httDs://www.presidency.ucs b.edn/ws/index.oho2 oid=23 67 5 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 fiom inducing an employee to relinquish any part of his./her compensation, under the federally-fu nded contract. l8 u.s.c. 874 https://www.ac ouisition.eov/122.403-2 40 u.S.c. 276c:httos://us code.house.sov/view secti 6c&num =0&edition7 l9 99 .xhtml?reo--uleid:USC-1999-title40- Page 34 CAO BIG C\?RESS HOUSING CORPORATION cD25-01 Big Cypress - Main Street village Roofing Rehab 4.20 Section 504 ofthe Rehabilitation Act of 1973, 29 USC 776(b) (5),24 CFP.570.614 Subpart K. Section 504: https://www.hud.qov/sites/dfiles/documents/504comoliance.pdf 570/subpart-K?toc= I Page 3181 of 6526 4.25 Executive Order 11625 and U.S. Departrnent ofHousing 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.sov/federal-resister/codificatiorl/executivr:old9r/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 CFP.570.607: https ://www. ecfr. gov/c gi-bh./text- idx?SID=9eae 3f8eaa99lf04l I f383b74003bcb 1&mc=true&node=ot24.3.57O&ren:div 5#se24.3.5 70 1607 E.O. 13279: https://www.govinfo.sov/contenUDkp/WcPD-2002- I 2-16/odf/tNCPD-2002-12-16- Pe2 156.pdf 4.27 Public Law 100-430 -the Fair Housing Amendments Act of 1988. STATUTE-102-Pe1619.pdf (sovinfo.gov) 4.28 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. [ttrrs:lwu,rv.ecfr.qov/current/title-2lsubtitle-A/chapter-Illoart-200 4.29 2 CFR 200.15 Never contract with the enemy. Federal agencies, recipients, and subrecipients are subject to the guidance implementing Never Contract with the Enemy in 2 CFR part 183. httos ://wwrv.ecfr.sov/curent/title-2/subtitle-A,/c hapterl l/part-200/suboart-C/section -200.2 | 5 4.30 https://www.ecfr.sov/current/title-2/subtitle-A,/chaDter-I/oart- 1 83 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: l) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. httos://www.ecfr.s ov/current/title-2lsubtitle-A/chapte rlIlpart-200/subDart-C Page 35 CAO BIC CYPRESS HOUSING CORPORATION cD25-01 Big Clpress - Main Street Village Roofing Rehab 4.31 Immigration Reform and Control Act of 1986 S.1200 - 99th Coneress (1985-1986): Immisration Reform and Control Act of 1986 I Coneress.eov I Library ofCongress Page 3182 of 6526 4.32 The SUBRECIPIENT agrees to comply with the following requirements Clean Air Act, 41 USC 7401, et seq httos://www.sovinfo.a./content/oksruSCODE- 20 I 0-title42,{rtmltuSCODE-20 I 0ritle42-c hap85.htm b. Federal Water Pollution Control Act, Title 33 Chapter 26 1251, et seq., as amended httos ovinfo. sov/aooldetails/USC ODE-20 1 I -title33/USCODE-20 I I {itle33- 4.33 1.34 chap26-subcha p]-sec1251 In accordance with the requirements ofthe Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood lnsurance Program is obtained and maintained. Ifappropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisf, this requirement and/or reduce the cost ofsaid flood insurance. 42 USC 4002: www.sovinfo.sov/aoo/detailsfu SCOD E-20 I 0+itle42tuS CODE-2O l0 -title4?- chap50-sec4002 24 CFR 570.605 Subpart K https:/hvrvw.ecfr.gov/cu Vbubslaptgr-ClBa(-5 T0lsuhlart-K./section-5 70.605 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. httos ://www.ecfr. sov/current/title-24lsubtitle-B/chaDter-V/subchaoter-C/oart-5 70/subpart- 4.35 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C.470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance ofthis Agreement. httos://www.acho. sov/sites/default/fi Ies/res ulati onsl 20 I 7 -021 ress-rev04.odf https://www.qpo sov/fdsvs/eranule/U SCODE-2009-title4 I fu SCODE-2009 -title41-chao I 0- 4.37 BIG CYPRESS HOUSING CORPORATION cD2s-01 Big Cypress - Main Srreet Village Roofing Rehab 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 Page 36 CAO K/section-570.608 ln 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. 4.36 STIBRECIPIENT must certiry that it will provide drug-free workplaces, in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). sec70l Page 3183 of 6526 enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 24CFR 570.609, Subpart K: https://www.ecfr.qov/curenUtitle-24/subtitle-B/chapter- V/subchapter-C/part -570lsubpart-K h hi d ve-llZ549.html 4.38 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate intemal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.39 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end ofthe 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 ofthe SUBRECIPIENT'S fiscal year. Per 2 CFR 200.345, ifthis Agreement is closed out prior to the receipt ofan audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. eCFR :: 2 CFR Part 200 Subpart F -- Audit Requirements 4.40 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c goveming 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) goveming optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606 (bX2) that are displaced as a direct result ofacquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies conceming the displacement ofpersons from their residences. httos://www.sDo.eov/fdsvs/eranule/CFR-1999{itle49-vol1/CFR- 1999-title49-voll-sec24- 101 https://www.govinfo.sov/app/detailsicFR-2012-title24-vol3iCFR-2012-title24-vol3-sec570-505 h s://www.ecfr ov Icttrentltitle-24I -57Olsu K./section-570.606 https://www.federalreAister.gov/documents/202410510312024-08736/uniform-relocation- assistance-and-real-oronertv-aco uisition-for-federal-and-federall y-assisted 4.41 No Federal appropriated funds have been paid or will be paid, by or on behalf ofthe undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a BIG CYPRESS HOUSINC CORPORATION cD25-01 Big Cypress Main Street Village Roofing R€hab Page 37 CAO Page 3184 of 6526 Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding ofany Federal contract, the making ofany Federal grant, the making ofany Federal loan, the entering into ofany 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 ofCongress, an officer or employee ofCongress, or an employee ofa Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Fom 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 certift and disclose accordingly. 4.42 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 I p oriaV c ontentl 1 0 4 87 7 4.43 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govress.com/resulations/expand/title24 Dart5 subDartA section5.l06 4.44 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in $5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 2'14 to provide housing counseling, consistent \ ith 12 U.S.C. 1701x, per 24 CFR 5. I 1 1. eCFR: 24 CFR Part 214 Subpart D - Prograrn Administration https://www.law.comell.edu/c1i/text/24l5. I I 1 4.4s 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.federalreAister.gov/documents/2016/l I /1612016-25888/violence-asainst-women- reauthorization-act-of-20 I 3-imolementation-in-hud-housin g-programs 4,46 Any rule or regulation determined to be applicable by HUD 4.47 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lepgey. BIG CYPRESS HOITSING CORPORATiON cD25-0t Big Cypress - Main Street Village Roofing Rehab Page 38 aAO Page 3185 of 6526 4.,18 4.49 4.50 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://oip.gov/about/ocr/partnerships.htm. Discrimination on the basis of rel igion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. A. Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in CDBG. B. The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under CDBG. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under CDBG, and participation must be voluntary for the program participants. C. A religious SUBRECIPIENT that receives CDBG funding will retain its independence from Federal, State, and local govemments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct CDBG fuods to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based Subrecipients may use space in their facilities to provide CDBG funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a Subrecipient retains its authority over its intemal govemance, and it may retain religious terms in its name, select its board members on a religious basis, and include religious references in its mission statements and other goveming documents. D. The Subrecipient that participates in CDBG shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis ofreligion or religious belief. E. If the SUBRECIPIENT voluntarily contributes its own funds to supplement federally funded activities, the SUBRECIPIENT has the option to segregate the federal funds or commingle them. However, if the funds are commingled, the requirements listed above apply to all of the commingled funds. 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 ://oi p. gov/about/ocr/p dfsfu seofConviction Advisory.pdf for more details. Byrd Anti-Lobbying Amendment (31 U.S.C. $ 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a BIC CYPRESS HOUSING CORPORATION cD25-01 Big Cypr€ss - Main Street Village Roofing Rehab Page 39 CAO Page 3186 of 6526 member ofCongress, an officer or employee ofCongress, or an employee ofa member ofCongress in comrection with obtaining any federal contract, grant, or any other award or subaward covered by 3l U.S.C. $ 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. $ 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations goveming advocacy ofand appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 31 U.S.C. 1352 - Limitation on use of aonrooriated funds to influence certain Federal contracti ng and financial transactions - Document in Context - USCODE-2010litle31-subtitlell-chap l3- 4.51 4.52 4.53 subchaplll-sec 1352 (sovinfo.eov) 31 U.S. Code { 1352 - Limitation on use of appropriated funds to influence certain Federal contractine and financial transactions I U.S. Code I US Law I LII / Legal Information Institute comell.edu 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 fiaud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds l8 ode n Institute (comell.edu) Beneficiaries are subject to this False Claims Act that include the following: 3 I U.S.C. 3729 - False claims - Document in Context - USCODE-2O1O-title3l -subtitlelll-chap37-subchaplll-sec3729 (sovinfo.sov) 31 U.S. Code $ 3729 - False claims I U.S. Code I US Law I LII / Leeal Information Institute comell.edu 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. Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October l, 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 HIJD and to establish t/ BIG CYPRESS HOUSING CORPORATION cD25-0r Big Cypress - Maio Street Village Roofing Rehab Page 40 CAO Page 3187 of 6526 4.54 workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. tive Order 135 l3 --F Leadershi otl ext M 1n while whitehouse.sov (archives.Sov) 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 ofpersons, whether on the part ofthe 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 ://oip. eov/fundine/Exolore/ProhibitedC onduct-Traffi cking. htm. Pursuant to Florida Statues 787.06, SUBRECIPIENT attests that it does not use coercion for labor or services. SUBRECIPIENT shall provide an affidavit, under penalty of perjury, signed by an officer or representative ofthe organization attesting that it does not use coercion for labor services. http ://www. les.state.fl . us/Statutes/index.cfm?A DD mode=DisDlav Statute&URL=O700- 07 99 107 87 /Sections/O787.06.htm1 4.55 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any Federal Funds, either directly or indirectly, in support ofany contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4,56 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of37 CFR Part 401, "Rights to Inventions Made by Nonproftt Organizations and Small Business Firms Under Govemment Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. httos ://www.ecfr. p.ov/ce i- bin /retrieveECFR?eo:&SID=a004b6b{2093 1a717 de7 6ldc64c0&mc=1rue&n=Dt31 .1 .401&r 4.57 =PART&Iy:HTMI, Prohibition of Gifts to COLINTY 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 COLTNTY employee, as set forth in Chapter | 12, PartIIl, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 531 l. Florida Statutes: //www.lawserver.com/la state/florida statutes cha 112 Other possible site: http://www.leg.state.fl.us/Statutes/index.cfm?App-modrDisplay-Statute&URL=0100- 0lggl0l12l0ll2PartIIIContentsIndex.html&StatuteYear=2021&Tit1e=Yo2D%3E202lyo2Dyo3EC haptef/o2\ll2Yo2D%3EPart%z0lll Collier County- 1er sho nt?id:35 Page 4l CAO StC CYPRESS FIOUSTNC CORPORATION cD25-0t Big Cypress - Main Street Village Roofing Rehab Page 3188 of 6526 4.58 Order ofPrecedence - In the event ofany conflict between or among the terms ofany ofthe Contract Documents, the terms ofthe Agreement shall take precedence over the terms ofall other Contract Documents, except that the terms ofany Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms ofthe 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 shict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4,59 Venue - Any suit ofaction 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. Q.{o reference required for this item). 4.60 Dispute Resolution - Prior to the initiation ofany 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 cout. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNry AND TIIE SUBRECIPIENT EXPRESSLY WATVE ANY RIGHTS EITHER PARry MAY HAVE TO A TzuAL BY ruRY OF ANY CIVIL LITIGATION RELATED TO, OR ARISTNG OUT OF, THIS AGREEMENT. https ://www.fl senate. gov/Laws/Statutesl 20 12 I 4 4.1 02 4.61 As provided in $ 287.133, Florida Statutes, by ent€ring into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by $ 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfrn?App mode:Display Statute&Search Strine:&UR L:0200-0299/0287/Sections/0287. I 33.htrnl 4.62 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Ftorida private employers are required to verifu employment eligibility for all new hires beginning January l, 2021. Eligibility determination is not required for continuing employees hired prior to January I, Z02t . http://www.leg.state.fl.us/statutes/index.cfin?App mode:Displav Statute&URl:O4O0- 0499/0448/0448.htm1 For purposes of satisfing the requirement ofthis condition regarding verification of employment eligibility, the SUBRECIPIENT shall participate in, and use, E-Veri!ov Paee 42. L-AO BIG CYPRESS HOTISING CORPORATION cD25-01 Big Cypress - Main Street Village Roofing Rehab Page 3189 of 6526 provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verifo (and follows the proper E-Verifl procedures, including in the event of a "Tentative Non- confirmation" or a "Final Non-confirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. Questions about E-Verifu should be directed to DHS. For more information about E-Veriff visit the E-Verifu website (https://www.e-veri8r.eov0 or email E-Verifo at E-Veri&@dhs.sov. E- Verifu employer agents can email E-Verifl at E-VeriftEmoloverA sent@dhs.sov 4.63 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.64 Florida Statutes section 119.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine ( state. fl. us) 4.65 Florida Statutes section I 19.071, Contracts and Public Records htp://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URl:01 00- 0 I 99/01 I9iSections/01 19.07 l.html 4.66 OSHA. Where SUBRECIPIENT employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participant's health or safety. 4.67 Right to Know. Paticipants employed or trained for inherently dangerous occupations, e.g., fire or police jobs, shall be assigned to work in accordance with reasonable safety practices. The SUBRECIPIENT will comply with all applicable "Right to Know" Acts. 4,68 WhistleblowerProtections: a. In accordance with 2 CFR 200.217 and 41 U.S.C. 5 4712, the SUBRECIPIENT may not discharge, demote, or otherwise discrirninate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanag€ment of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: i. A menlber ofCongress or a representative ofa committee ofCongress; ii. An Inspector General; iii. The Govemment Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official ofthe Department ofJustice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. b BIC CYPRESS HOUSINC CORPORATION cD2s-01 Big Cypress - Main Street Village Roofing Rehab CAO Page 43 Page 3190 of 6526 The SUBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies provided under 2 CFR 200.217 and 4I U.S.C 4712 in the predominant native language of the workforce. https://uscode.house.eov/view.xhtml?req:(title:41oZ20section:47127o20edition:prelim) All SUBRECIPIENT employees directly involved with activities associated with this Agreement shall complete and submit to the COUNry the Collier County Whistleblower Protections Certification form (Exhibit H) prior to execution of this Agreement. Any new employees hired during the period of performance ofthis Agreement shall also complete and submit the form to the COUNTY. ENTIRE AGREEMENT, This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) BIG C\?RESS HOUSING CORPORATION cD25-01 Big Cypress - Main Street Village Roofurg Rehab Page 44 CAO Page 3191 of 6526 Page 3192 of 6526 2 PART V E)fiIIBITS EXHIBIT A INSURANCE Rf, QUIREMENTS The SUBRECIPIENT shall fumish to Collier County Board of County Commissioners, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213, Naples, Florida 34'l 12, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: l. Workers' Compensation as required by Chapter 440, Florida Statutes Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurence and $2,000,000 aggregate. Collier County Board ofCounty Commissioners must be shown as an additional insured with respect to this coverage. 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 I - 3 above, a Certificate oflnsurance must be provided as follows: 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 ofthe 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 ofOccupancy is issued. CONSTRUCTION PHASE OF APPLICABLE) In addition to the insurarce required in I - 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: Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent ofthe insurable value ofthe building(s) or structure(s). The policy shall be in the name of Collier County Board of County Commissioners and the SUBRECIPIENT. In accordance with the requirements ofthe 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 , 4 6 SUBRECIPIENT NAME cDxx-xx Project Name CAO 5. Page 3193 of 6526 8 the National Flood lnsurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabititation). OPERATIONA4ANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration ofthe loan and,/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes 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 Board of County Commissioners must be shown as an additional insured with respect to this coverage. 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 fusk" basis, in an amount not less than one hundred (i00%) ofthe replacement cost of the property. Collier County Board of County Commissioners must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. t1.Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values ofthe structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County Board of County Commissioners as a Loss Payee A.T.l.M.A. 9 SUBRECTPIENT NAME cDxx-xx Project Name CAO Page 3194 of 6526 E)CIIBIT B COLLIER COUNTY COMMUNTIY & IIUMAN SERVICES SECTION I: REQIIEST FOR PAYMENT SUBRECIPIENT Name: Big Cypress Housing Corporation SUBRECIPIENT Address: 1 93 08 SW 3 80th Street Florida City, F L 3303 4 Project Name: Big Cypress * Main Street Village Roofing Rehab Project No: CD25-01 Payment Request # Total Payment Minus Retainage Period of Availab ility: 1010112025 _tbrough 9/30/2026 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved I . Grant Amount Awarded $$ 2. Total Amount ofPrevious Requests $$ 3. Amount ofToday's Request (Total expenditures this period minus retainage, if applicable) $$ 4. Current Grant Balance (Grant Amount minus previous requests minus today's request) $s By signing this report, I certifu to the best ofmy knowledge and beliefthat the information contained in this report is true, complete, and accurate. I am aware that the provision ofany false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise (U.S. Code Title I 8, Sections 2, l00l , 1343 and Title 3 l, Sections 3729-3730 and 3801-3812). Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supewisor (Approval required $14,999 and below) Division Director (Approval Required $ 15,000 and above) SUBRECIPIENT NAME cDxx-xx Pmject Name CAO Page 3195 of 6526 EXHIBIT C QUARTERLY PERFORMANCE Rf,PORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COINTY reports information on a quarterly basis. To facilitate in the preparation ofsuch reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Big Cypress Housing Corporation Date: Project Title: Big Cypress - Main Street Village Roofurg Rehab IDIS #: Program Contact: Steve Kirk Telephone Number: 305-242-2188 Activity Reporting Period Report Due Date October lsr- December 3l sr January l0[ January l'r - March 3 l'I April l0th April l"t - June 30n July 106 July I'r - September 30s October 106 REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):Irz3rrzoxx l t3ttzoxx I anotzoxx l o3otzoxx Finat __.!__120_ Please note: The HUD Program year runs October I - September 30. Each quarterly report must include cumulative data beginning Ilom the start ofthe program year October t, 2025. $ I Please list the outcom€ goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October l, 2025. Outcome Goals: list the outcome goal(s) from your approved application and SUBRECIPIENT A$eement Outcome l: hocurement/Bid Package Completed, Submitted, and Approved Outcome 2: Replacement of Roofs and Gutters within Main Sheet Village for up to l8 buildings (79 units and I clubhouse) Outcome 3: Document Achievement of the LMH National Obiectiye b Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome l: Outcome 2: Outcome 3: 2 Is this project still in compliance with the original project schedule: Yes No If No, Explain 3 Since October t,20XX; ofthe persons assisted, how many... Answer ONLY for Public Facilities & lnftastructur€ Activiti€s *03 Matrix Codes a..now have new access (continuing) to this service or benefit?0 b now have improved access to this seryice or benefit?0 c ..,now leceive a service or benefit that is no longer substandard?0 Total 0 4 What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Cuarantee s CDBG $ Other Consolidated Plan Funds $IIOME $ Other Federal Funds s ESG $ $HOPWA $ SUBRECIPIENT NAME cDxx-xx Project Name Total Entitlement $ CAO a. Page 3196 of 6526 Funds 5 What is the total number of TINDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; N(laboth For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, racelethnicity, and income level are reported by households, regardless the number ofpersons in the household. a Total No. Persons/Adults served (LMC) 0 Total No. persons served under l8 (LMC) 0 Quarter Total No. of Persons 0 Quarter Total No. ofPersons 0 b Total No. ofHouseholds served 0 Total No. offemale head of household (LlvIH) 0 6 What is the total number ofUNDUPLICATED clients served since Octobel ifapplicable? Answer question 6a or 6b, NQI both For LMC activities: race/ethnicity and income data are reported by persons. a Total No. Persons/Adu lts served (LMC) 0 Total No. Persons served under 18 (LMC) 0 YTD Total:0 YTD Total 0 Total No- Households served (LMH) 0 Total No. female head ofhousehold (LMll)0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, lQf both Complete question Zg3IILZD ifyour program q[ly serves clients in one or more ofthe listed HUD Presumed Benefit cate ones PRESLMED BENEFICIARY DATA ONLY: (LMC) Quarter PRESUMED BENEFICIARY DATA ONLY M YTD Indicate the total number of WDUPLICATED persorl.s served this ouarter who fall into each presumed benefit category (the total should equal the total in question ll6a or 6b): Indicate the total numbet of UNDUPLICATED persons served since October I who fall into each presumed benefit category (the total should equal the totql in ion #6a or 6b a Presumed Benefit Activities Only (LMC) QTR b Presumed Benefit Actiyities Only (LMC) YTD Abused Children ELI 0 Abused Chitdren ILI 0 Homeless Pemon E,LI 0 Homeless Person ELI 0 Migrant Farm Workers l,t 0 Migrart Farm Workem LI 0 Battered Spouses LI Battered Spouses LI 0 Persons w/ltlV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 I lliterate Adutts LI 0 llliterate Adults LI 0 Severely Disabled Adults LI 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8 Complete questi on 8a and 8b if an y client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number ofUNDUPLICATED persons served this Quafier who fall into each income category Indicate the total number of UNDUPLICATED persons served since October I (YTD) who fall into SUBRECIPIENT NAME cD)o(')q Prcject Name CAO 11. b. I I 0 0 Page 3197 of 6526 (the total should equal the total in question #6):each income category (the total should equql the total in question #6): a Et.r Exlrcmely l,ow Inco,nc (0-3070) 0 b ELI Extremely Low Income (0-30%) 0 I,I Low Income (31- soo/o) 0 t.t Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON-LA4 Above Moderate Income (>80%) 0 NON.t,/M Above Moderate lncome (>80olo) 0 Quarter Total 0 YTD Total 0 9 Is this project in a Low/Mod Area (LMA)?YES NO Was project completed this quarter?YI]S NO lfyes, complete all ofthis seclion 9 Date project completed Block Group Census Tract Total Beneficiaries Low,Mod Beneficiaries Lo Mod Percentage 0 0 0 0 0 Date LMA Nanative approved by CHS? What documentation suppons project completion? (i.e., Certificate of Completion or Certificate ofOccupancy, etc.) 10.Racial & Ethnic Data (if applicable) Please indicate how many LINDUPLICATED clients served this Quarter fall into each race category. In addition to each race category, please indicate how many persons in each race calegory consider themselves Hispanic. (Total Race column should equal the total in question 6.) Please indicate how many UNDUPLICATED clients served since October (YTD) fall into each race category. In addition to each race category please indicate how many persons in each race category consider themselves Hispanic. (fotal Race column should equal the total in question 6.) a.RACE ETHNICITY /I]ISPANIC b RACE E]'HNICITY /H ISPANIC White 0 0 White 0 0 Black/African American 0 0 Black-/African American 0 0 Asian 0 0 Asiar 0 0 American Indiar/Alaska Native 0 0 American Indiar/Alaska Native 0 0 Native Hawaiiar/Other Pacifi c lslandcr 0 0 Native Hawaiiar/Other Pacific Islander 0 0 Black/African American & Whit€0 0 Black /African Amedcan & white 0 0 American Indiar/Alaska Native & Black/African American 0 0 Ame can Indiar/Alaska Native & BlacldAfrican American 0 0 Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 I hereby certifo the above information is true and accurate. Namc: Signature: Title: Your tyDed name here reDresents your electronic signaturc SUBRECIPIENT NAME cDxx-xx Project Name CAO I Page 3198 of 6526 EXHIBIT C.l Community Development Block Grant (CDBG) Leverage Funds Report Leverage Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT's application. Big Cypress Housing Corporation Report Period: Fiscal Year: C ontract/Proj ect Number: Project Name: Contact Name: Contact Number: cD25-01 Big Cypress - Main Street Village Roofmg Rehab Steve Kirk 305-242-2188 Leverage Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME s870,000 Federal Funds lnfrastructure Private Donation s1,200,000 Cash & In-Kind Infrastructure Philanthropic $3,s00,000 Cash - local funds 52 units Affordable Housing Total Project Cost s6,570,000 Ratio:$1 Federal Dollar $2.51 Local Funds ISignature Page to Followl CAO SUBRECIPIENT NAME cDxx-xx Project Name Subrecipient Name: rype I Page 3199 of 6526 I hereby certifl the above information is true and accurate. Signature: Printed Name: Title: Your tvDed name here reDresents vour electronic signature, Date SUBRECIPIENT NAME CDXX-XX Project Name cAO Page 3200 of 6526 EXHIBIT D INCOMf, CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG to the COUNTY, to the COthlTY, assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Eff'ective Date: A. Household Information Member Names - AII Household Members Relationship Ag" I 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets I 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a)0.00 Total Income fiom Assets B(b)0.00 If line B(a) is greater than $5 1,600*, multiply that amount by the rate specified by HUD (applicable rate 0.45%)'t and enter results in B(c), otherwise leave blank.B(c) * The asset amount and applicable rate above are subject to change annually. SUBRECIPIENT NAME cDxx-xx Project Name CAo Page 3201 of 6526 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Me mber Wages / Salaries (include tips, commissions, bonuses, and overtime) Benefits / Pensions Public Assistance Other Income (Enter the greater of box B(b) or box B(c), above, in box C(e) below) I 2 3 4 6 1 I Totals (a)(b)(c)(d )(e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. 0.00 D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Vwe have provided, for each person set forth in ltem A, acceptable verification of current and anticipated arnual income. Vwe certi$ that the statements are true and complete to the best ofmy/our knowledge and belief, and are given under penalty of perjury. WARNING: Florida Statutes Chapter 817, 18 U.S.C. $ l00l and 3l U.S.C. $ 3729 provides that willful false statements or misrepresentations conceming income ald assets or liabilities relating to financial condition is a misdemeanor ofthe fust degree and is punishable by fines and imprisonment provided under Sections 775.082 and 775.083,Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2o10-title3l -subtitlelll-chap3 7-subchaplll -sec3729 (sovinfo.sov) Sisnature of Head ofHousehold Date Signature of Spouse or Co-Head ofHousehold Date Adult Household Member (if applicable)Date Adult Household Member (if applicable)Date CAO SUBRECIPIENT NAME cDxx-xx Project Name Asset Income 5 Page 3202 of 6526 E. CDBG Grantee Statement: Based on the r€presentations herein, the family or individual(s) named in ltem A of this Income Certification is/are eligible under the provisions ofthe CDBG Program. The family or individual(s) constitute(s) a: Extremely Low-lncome (ELI) Household means and individual or family whose annual income does not exceed 30/50th ofthe Very Low-lncome (60 percent of VLI) percent ofthe area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $_). Very LowJncome (VLI) Household means and individual or family whose annual income does not exceed 50 percent ofthe area median income as determined by the U.S. Department ofHousing and Urban Development with adjustments for household size. Maximum Income Limit $ Low-lncome (LI) Household means and individual or family whose annual income does not exceed 80 percent ofthe area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. Maximum lncome Limit $ ( ( Basedonthe-(year)incomelimitsfortheNaples-MarcolslandMetropolitan Statistical Area (MSA) of Cotlier County, Florida. Signature ofthe CDBG Administrator or His/IIer Designated Representative: Signature Date Number of Persons By Racc / Ethnicity By Age American Indian Asian Black Native Hawaiian or C)ther Pac. lslander White Other 025 26 40 4t 4t 62+ Hispanic Non- Hispanic Printed Name Title F. Household Data SI,tsRECIPIENT NAME cDxx-xx Project Name CAO NOII,: Information concerning the race or ethnicity ofthe occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refi*al to gite such information will not affect any right he or she has to the CDBG program. Page 3203 of 6526 EXHIBIT E ANNUAL AUDIT MOMTORING REPORT Circular 2 CFR Part 2OO.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 requires that all appropriate documentation is provided regarding the organization's compliance. ln 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 by 2 CFR Part 200, Subpart F - Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 2'l 5.97) requirements. Subrecipient Name First Date of Fiscal Year (MM/DD/YY)Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended during most recently completed Fiscal Year Total State Financial Assistance Expended during most recently completed Fiscal Year $$ 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 I Are a for-profit organization ! Are exempt for other reasons - explain An audited financial statement is aftached and if applicable, the independent auditor's manaqement 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 SUBRECIPTENT NAME cDxx-xx Project Name 06/ L8 CAO tr Page 3204 of 6526 D Collier County Community & Human Servic6s Division EXHIBIT F INCIDENT REPORT FORM I certily under penalty ofperjury under F'.S. 837.06 that the contents ofthis form are true and correct. Organization Name:Big Cypress Housing Corporation Organization Address:19308 SW 380th Street Florida City, FL 33034 Project No:cD25-01 Grant Coordinator: Date of Incident Time of lncident: Report Submitted By: (Name & Phone) Description of Incident: Location/Address of Incident: Was Police Report Filed? tr Yes E No If Yes, Police Report Number:Jurisdiction: Were there any waming signs that this type of Incident could occur? E Yes tr No If Yes, Explain: What actions will be taken to prevent a recurrence ofa similar incident? Signature of Person Making Report Date Printed Name R€turn completed form to: Kristi Sonntag, Director, CHS Collier County Community and Human Services Division 3339 Tamiami Trail East, Bldg. H, Suite 213 Naples, FL 341 l2 Fax. (239) 252-2638 CAO Title Page 3205 of 6526 6 EXHIBIT G COLLIER COTJNTY INVENTORY FORM Subrecipient Name: Subrecipient Address: Proiect Name: Project Number: Date: Big Cypress Housing Corporation 19308 SW 380th Street Florida City,FL33034 Big Cypress - Main Street Village Roofing Rehab cD25-01 Grant FAIN Name of Title Holder Acquisition Date Cost Yo Federal Funding Location Use Condition Description of Item Serial Number or other ID Agency Inventory # Expected Retirement Date Date of Disposition (if applicable) Sale Price (if applicable) Status I I I I I I I I I I I I I I I I I I I Page 3206 of 6526 EXHIBIT H COLLIER COUNTY COMMUNITY & HUMAN SERVICES WHISTLEBLOWER PROTECTIONS CERTIFICATION SUBRICIPIENT Name: Big Cypress Housing Corporation SUBRECIPIENT Address: 19308 SW 38fth Street Florida City, FL 33034 Project Name: Big Cypress - Main Street Village Roofing Rehab Project No: CD25-01 In accordance with 2 CFR 200.217 and 4l U.S.C. $ 4712, SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any ofthe list of persons or entities provided below, information that the employee reasonably believes is evidence ofgross mismanagement ofa federal contract or grant, a gross waste offederal funds, an abuse ofauthority relating to a federal contract or grants, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list ofpersons and entities referenced in the paragraph above includes the following:o A member of Congress or a representative of a committee of Congresso An Inspector General. The Govemment Accountability Office o A Treasury employee responsible for contract or grant oversight or managementr An authorized official of the Department of Justice or other law enforcement agency. A court or grand jury o A management official or other employee of SLIBRECIPIENT, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct STIBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies provided under section 41 U.S.C. $ 4712, inthe predominant native language of the workforce. By signing this form, I certifr that Subrecipient Name will comply with all Whistleblower rights and protections for its employees. Name: Signature: Title: Your tvoed name here reDresents your electronic signature cAo Page 3207 of 6526