Backup Documents 10/27/2015 Item #16D5 (Legal Aid/Boys & Girls Club/Habitat) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO _, .,
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ;
Y
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office fi
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Peggy Hager Community & Human
Services (CHS) Division
2. County Attorney Office County Attorney Office
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3. BCC Office Board of County
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Commissioners VA- VCS
4. Minutes and Records Clerk of Court's Office l
t v �S_ a-;`16141.-
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Rosa Munoz,CHS Phone Number 252-5713
Contact/ Department
Agenda Date Item was October 27,2015 / Agenda Item 16D5
Approved by the BCC Number
Type of Document 2015 Agreements for: Number of Original 3 of Eas,c
Attached Legal Aid-Legal Services to Victims Documents
Boys& Girls Club-Transportation Services Attached
Habitat-Land Acquisition Q4 .,‘
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signa e?STAMP OKAY RM
2. Does the document need to be sent to another agency for additional signatures? f yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be RM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the RM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RM •
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip RM
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/27/15 and all changes made RM
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for th �� aaef�1`=t
Chairman's signature. - Et
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6
MEMORANDUM
Date: October 29, 2015
To: Rosa Munoz, Grant Coordinator
Community & Human Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Sub-recipient Agreement w/Legal Aid - Legal Services to Victims,
Boys & Girls Club— Transportation Services and Habitat for
Humanity— Land Acquisition
Grant #B-15-UC-12-0016
Attached are two (2) original amendment to the agreement referenced above, (Item
#16D5) approved by the Board of County Commissioners on Tuesday, October 27,
2015.
An original has been kept by the Minutes and Records Department for the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
1 605
FAIN # B-15-UC-12-0016
*B-16-UC-12-0016
Federal Award Date Est. 10/2015
Federal Award Agency HUD
CFDA Name Community Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $166,084.00 FY 2015 &
Funds Awarded $166,084.00 FY 2016
Subrecipient Name Legal Aid Service of Collier County,
a Division of Legal Aid Service of
Broward County, Inc.
DUNS# 844481478
FEIN# 59-1547191
R&D No
Indirect Cost Rate No
Period of Performance FY 15/16-10/01/2015—09/30/2016
FY 16/17-10/01/2016—09/30/2017
Fiscal Year End 12/31
Monitor End: 10/2017
AGREEMENT BETWEEN COLLIER COUNTY
AND
LEGAL AID SERVICE OF COLLIER COUNTY,
A DIVISION OF LEGAL AID SERVICE OF BROWARD COUNTY, INC.
t
THIS AGREEMENT is made and entered into this a"\ l day of 101 2015, by and between Collier County, a
political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E
Tamiami Trail, Naples FL 34112, and Legal Aid Service of Collier County, a Division of Legal Aid Service of
Broward County, Inc. ("Subrecipient"), having its principal office at 4125 E Tamiami Trail, Naples 34112.
WHEREAS, the County has entered into an agreement with the United States Department of Housing
and Urban Development (HUD) for a grant for the execution and implementation of a Community
Development Block Grant 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 approved the Collier County
Consolidated Plan —One year Action Plan for Federal Fiscal Year 2015-2016 for the CDBG Program on August
11, 2015 in absentia (Item#16D2) and ratified on September 8, 2015 (Item#16F1-B); and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning
the preparation of various Annual Action Plans, the County advertised a substantial amendment on June 10,
2015 with a 30 day Citizen Comment period from June 10, 2015 to July 10, 2015; and
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WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG
program; and
WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in
the undertaking the CDBG Legal Aid Services to Victims; and
NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties
as follows:
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PART I
SCOPE OF WORK
The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance, as determined by Collier County Community and Human
Services(CHS) Division,to perform the tasks necessary to conduct the program as follows:
Project Component One: Funding costs will include but not be limited to the following
expenses: Fund 2 Full Time (FT) Attorney's, and 1 Full Time (FT) Paralegal to provide legal
services for victims of domestic violence, sexual assault, dating violence, child abuse and other
abuses; and conduct outreach events/seminars that will promote community safety through
education and public outreach events and seminars in Collier County. Duplicate services to a
unique client are permissible in order to maintain continuity with current client cases and insure
service completion.
Funding costs will include but not be limited to the following expenses:
CHS, as an administrator of the CDBG program, will make available FY2015-2016 CDBG funds up
to the gross amount of$166,084.00 from October 1, 2015 through September 30, 2016 to fund
Project Component 1. *CDBG funds up to the gross amount of $166,084.00 have been
recommended for FY2016-2017 (year two), from October 1, 2016 through September 30, 2017
to provide Project Component One activities for a total of$332,168.00 for the two years.
*Funding for the second year is dependent upon HUD funding to Collier County, Collier County BCC approval of the FY
2016-2017 Action Plan, no monitoring findings from CHS monitoring visits, additional contractual obligations
identified in the County's subrecipient agreement,currency on quarterly reports. CHS reserves the right to request
additional information during the 2nd year application cycle to determine continued eligibility and compliance.
The applicant will not need to re-apply for the 2nd year funding request,but prior to receiving the second year funding
will, at a minimum, be required to provide all required deliverables outlined in the application, including, but not
limited to:the exhibits outlined on Page 4 of the application dated January 26,2015.CHS reserves the right to request
additional information during the FY 2016-2017 application cycle to determine continued eligibility and compliance.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to CHS for approval a detailed project schedule for the completion of the
project.
B. The following resolutions and policies must be adopted by the Subrecipient's governing
body within thirty(30) days of award of this agreement:
• Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy
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❑ Procurement Policy
❑ Uniform Relocation Act Policy
• Sexual Harassment Policy
❑ Procedure for meeting the requirements set forth in Section 3 of the Housing
and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
• Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
• Fraud Policy
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Public Services Federal Amount
Legal Services to Victims
Project Component 1: Funding costs will include but not limited to the following $166,084.00
expenses: Fund 2 Full Time (FT) Attorney's, and 1 Full Time (FT) Paralegal to provide Year 1
legal services to victims of domestic violence, sexual assault, dating violence, repeat
violence, child abuse, elder abuse, and other abuses. Provide outreach *$166,084.00
events/seminars that will promote community safety through education and public Year 2
outreach events and seminars in Collier County.
Total Federal Funds: $166,084.00
*$166,084.00
$332,168.00
* Funds preliminarily approved and contingent upon availability of HUD funds,Part I Scope of Services and BCC approval
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
• Maintain and provide to the County as requested beneficiary income certification
documentation
• Maintain National Objective Documentation
• Provide Quarterly reports on National Objectives and project progress
• Required attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction and rehabilitation
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
❑ Provide certified payroll weekly throughout construction and rehabilitation
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❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period for the project is met
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such the Subrecipient shall be responsible for ensuring that all activities and
beneficiaries meet the definition of:
❑ LMA—Low/Mod Area Benefit
• LMC—Low/Mod Clientele Benefit or presumed Low Mod Clientele
❑ LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
C. Project Outcome
The Subrecipient will provide legal services to a minimum of three hundred (300) victims of
domestic violence and other abuses within two years. The Subrecipient shall serve a minimum
of 100 victims in the first 12 months of the agreement. Duplicated or carry over clients are
permitted to allow for continuity of service.
D. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within thirty(30) days of
(Section 1.1) agreement agreement execution
Insurance Insurance Certificate Annually within thirty(30) days
of renewal
Submission of Progress Report Exhibit C Quarterly reports.
Financial and Compliance Audit Exhibit E Annually one hundred eighty
(180) days after FY end until
2017
Program Income Reuse Plan or Plan Approved by the County Annually
Certification
E. Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Funding costs will include but not Submission of monthly Monthly
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limited to the following expenses: Fund invoices and backup as
2 Full Time (FT) Attorney's, and 1 Full evidenced by invoice/
Time (FT) Paralegal to provide legal timesheets/Payroll
services Registers/banking
documents/Exhibit B and any
Provide outreach events/seminars that additional documentation as
will promote community safety requested
through education and public outreach
events and seminars in Collier County. Agenda or brochure/flyer to
include date,time and
location of event/seminar and
a sign in sheet with initials or Monthly; per occurrence
the number of attendees or
unique client identifier to
protect the privacy of abuse
victims
Annually
Final 10% retainage of year
one ($16,608.40) released
upon final monitoring and
proof of 100 beneficiaries
served
Final 10% retainage of year
two ($16, 608.40) released
upon final monitoring and
proof of a total of 300
beneficiaries served for the 2
year period
Final 10% ($16,608.40 yr 1) and *($16,608.40 yr 2) of retainage held will be released upon
documentation that a CDBG National Objective has been met. Failure on behalf of the subrecipient in
achieving the national objective under this agreement may require repayment of the entire CDBG
investment under this agreement. Should the subrecipient fail to meet the total required number of
beneficiaries a pro ration of the retainage may be forfeited.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start October 1, 2015 and shall end on September 30, 2016 for
the first year, and upon HUD approval for second year award, second year will start on October
1, 2016 and end on September 30, 2017.
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/
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available One Hundred Sixty Six Thousand and Eighty Four Dollars
($166,084.00) from October 1, 2015 through September 30, 2016 for the use by the
SUBRECIPIENT during the term of the agreement (hereinafter, the aforestated amount
including, without limitation, any additional amounts included thereto as a result of a
subsequent amendment(s)to the agreement,shall be referred to as the "Funds").
*The COUNTY has also recommends an allocation of One Hundred Sixty Six Thousand and Eighty
Four Dollars ($166,084.00 year two) from October 1, 2016 through September 30, 2017 for the
use by the SUBRECIPIENT during the term of the agreement (hereinafter, the aforestated
amount including, without limitation, any additional amounts included thereto as a result of a
subsequent amendment(s)to the agreement,shall be referred to as the "Funds").
*Funding for the second year is dependent upon HUD funding to Collier County, Collier County BCC approval of the FY
2016-2017 Action Plan, no monitoring findings from CHS monitoring visits, additional contractual obligations
identified in the County's subrecipient agreement, currency on quarterly reports. CHS reserves the right to request
additional information during the 2nd year application cycle to determine continued eligibility and compliance.
The applicant will not need to re-apply for the 2"d year funding request,but prior to receiving the second year funding
will, at a minimum, be required to provide all required deliverables outlined in the application, including, but not
limited to:the exhibits outlined on Page 4 of the application dated January 26,2015. CHS reserves the right to request
additional information during the 2nd year application cycle to determine continued eligibility and compliance.
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted
fund shifts among line items shall not be more than 10% of the total funding amount and does
not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only
be made with Board approval.
If applicable, all improvements specified in Part I. Scope of Work shall be performed by
Subrecipient employees, or shall be put out to competitive bidding under a procedure
acceptable to the COUNTY and Federal requirements.The Subrecipient shall enter into contracts
for improvements with the lowest, responsible and qualified bidder. Contract administration
shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all
records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for
eligible costs, and all disbursements requests must be limited to the amount needed at the
time of the request. Invoices for work performed are required every month.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
during the term of this agreement. If no work has been performed during that month, or if the
SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required.
Explanations will be required if two consecutive months of$0 invoices are submitted. Payments
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shall be made to the 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.
Final invoices are due no later than 90 days after the end of the agreement. Work performed
during the term of the program but not invoiced within 90 days after the end of the agreement
may not be processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to
180 days after the end of the agreement. Extensions must be authorized in writing by formal
letter to the Subrecipient and reported to the Board on a quarterly basis.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable local, state or Federal requirements. Payment will be made upon receipt of a
properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known
as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the Subrecipient are governed by the Federal grants management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under
this Scope of Work. The Subrecipient may only incur direct costs that may be attributed
specifically to the projects referenced above as defined in 2 CFR 200.413. The 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 for in 2 CFR 200.318. Allowable costs incurred by the Subrecipients and Contractors
shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR
Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements
upon the Developer in order for the County to remain compliant with its obligation to follow 2
CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary
source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means.Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
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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: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: RosaMunoz@colliergov.net
Telephone: (239) 252-5713
SUBRECIPIENT ATTENTION:Jeff Ahren, Director of Development
4125 East Tamiami Trail
Naples, Florida 34112
Email: mailto:jahren@legalaid.org
Telephone: (239) 775-4555
PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits.
The determination of amounts of Federal awards expended shall be in accordance with
guidelines established by OMB Circular A-133 for fiscal years beginning before December 26,
2014 and established by 2 CFR Part 200, Subpart F-Audit Requirements for fiscal years beginning
on or after December 26, 2014.
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2.2 RECORDS AND DOCUMENTATION
The 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 not be limited to,
the following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records and other
data procedures developed, prepared, assembled, or completed by the Subrecipient for
the purpose of this Agreement shall be made available to the COUNTY by the
SUBRECIPIENT at any time upon request by the COUNTY or CHS. Materials identified in
the previous sentence shall be in accordance with generally accepted accounting
principles (GAAP), procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this Agreement,
including matching funds and Program Income.These records shall be maintained to the
extent of such detail as will properly reflect all net costs, direct and indirect labor,
materials, equipment, supplies and services, and other costs and expenses of whatever
nature for which reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to CHS if
requested. In any event the SUBRECIPIENT shall keep all documents and records in an
orderly fashion in a readily accessible, permanent and secured location for five (5) years
after the date of submission of the annual performance and evaluation report, as
prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or audit
is started before the expiration date of the five (5) year period, the records will be
maintained until all litigation, claim or audit findings involving these records are
resolved. The COUNTY shall be informed in writing if an agency ceases to exist after
closeout of this Agreement of the address where the records are to be kept as outlined
in 2 CFR 200.336. Meet all requirements for retaining public records and transfer, at no
cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination
of the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the public agency.
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Le
E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon
Law, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant
implementation.
F. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on
the SUBRECIPIENT's compliance.
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements such as necessary and appropriate
determinations as defined in 24 CFR 570.208, income certification, and written
Agreements with beneficiaries,where applicable.
H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the public agency would provide the records and at a cost that does
not exceed the cost provided in this chapter or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by 2 CFR 200.336 and 2 CFR 200.337. "COUNTY agrees that nothing in this
Agreement shall be construed as requiring Legal Aid as SUBRECIPIENT to give access to
any personal identifying information which is protected by the Attorney-Client privilege
or by the provisions of the Rules of Professional Conduct of the Rules Regulating the
Florida Bar relating to an attorney's obligation to preserve the confidences or secrets of
a client."
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report
(Exhibit E)to the COUNTY no later than one hundred eighty (180) days after the SUBRECIPIENT's
fiscal year end.The COUNTY will conduct an annual financial and programmatic review.
The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
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1
16 5
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required.The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled as determined by CHS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards as stated with all
other applicable federal, state and local laws, regulations, and policies governing the funds
provided under this agreement further defined by 2 CFR 200.331. Substandard performance as
determined by the COUNTY will constitute noncompliance with this Agreement. If corrective
action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified
by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT
agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the
COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of
activities in this agreement.
2.4 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to
make acceptable progress on such corrective action plans.
In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS)
has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers,
or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as
follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
entity and will require a corrective action plan be submitted to the Division
within 15 days following issuance of the report.
• Any pay requests that have been submitted to the Division for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely
manner to the Division,the Division may require a portion of the awarded grant
amount be returned to the Division.
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• The County may require upwards of five percent (5%) of the award amount
be returned to the Division, at the discretion of the Board of County
Commissioners.
• The entity may be considered in violation of Resolution No. 2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected, and has been informed by the
Division of their substantial non-compliance by certified mail; the Division may
require a portion of the awarded grant amount or the amount of the CDBG
investment for acquisition of the properties conveyed, be returned to the
Division.
• The Division may require upwards of ten percent (10%) of the award
amount be returned to the Division, at the discretion of the Board of County
Commissioners.
• The entity will be considered in violation of Resolution No. 2013-228
4. If in the case after repeated notification the Entity continues to be substantially
non- compliant, the Division may recommend the contract or award be
terminated.
• The Division will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
Entity will be required to repay all funds disbursed by the County for project
that was terminated. This includes the amount invested by the County for
the initial acquisition of the properties or other activities.
• The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Division and is found to be non-
compliant,the above sanctions may be imposed across all awards at the BCC's discretion.
2.5 REPORTS
Reimbursement may be contingent on 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.
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During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the
10th day of January,April,July and October respectively for the prior quarter period end. As part
of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive
final report covering the agreed-upon Program objectives, activities and expenditures and
including, but not limited to, performance data on client feedback with respect to the goals and
objectives set forth in Exhibit "C". Exhibit"C" contains an example reporting form to be used
in fulfillment of this requirement. Other reporting requirements may be required by the
County Manager or designee in the event of Program changes; the need for additional
information or documentation arises; and/or legislative amendments are enacted. Reports
and/or requested documentation not received by the due date shall be considered delinquent
and may be cause for default and termination of this Agreement.
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations, except
that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is required to follow federal procurement 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. The SUBRECIPIENT also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies governing
the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
3.3 INDEPENDENT CONTRACTOR
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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. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services
to be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance,as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by
a duly authorized representative of each organization, and approved by the Grantee's governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee
or SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or
local governmental guidelines, policies and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be incorporated
only by written amendment signed by both Grantee and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must
be implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of
curtailment or non-production of said federal funds, the financial sources necessary to continue
to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the
COUNTY may terminate this Agreement, which termination shall be effective as of the date that
it is determined by the County Manager or designee, in his-her sole discretion and judgment,
that the funds are no longer available. In the event of such termination, the SUBRECIPIENT
agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the
County Commissioners and /or County Administration, personally liable for the performance of
this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier 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, omission, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
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negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its
agents, officers, servants, employees, contractors, patrons,guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the 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. The SUBRECIPIENT shall pay all claims
and losses of any nature whatsoever in connection therewith and shall defend all suits in the
name of the COUNTY and shall pay all costs (including attorney's fees) and judgments
which may issue there-on. This Indemnification shall survive the termination and/or expiration
of this Agreement. This section does not pertain to any incident arising from the sole negligence
of Collier 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 of termination of this agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar
public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.39, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the
reasons for such termination, the effective date, and, in the case of partial terminations, the
portion to be terminated. However, if in the case of a partial termination, the Grantee
determined that the remaining portion of the award will not accomplish the purpose for which
the award was made,the Grantee may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
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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, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement; or
D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or
incomplete in any material respect.
E. Submission by the SUBRECIPIENT of any false certification;
F. Failure to materially comply with any terms of this Agreement; and
G. Failure to materially comply with the terms of any other agreement between the County
and the SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any
combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part;
B. Require the use of or change in professional property management;
C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds
SUBRECIPIENT has received under this Agreement;
D. Apply sanctions if determined by the County to be applicable;
E. Stop all payments until identified deficiencies are corrected;
F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination
and specifying the effective date of such termination. If the Agreement is terminated by
the County as provided herein,SUBRECIPIENT shall have no claim of payment or claim of
benefit for any incomplete project activities undertaken under this Agreement.
3.9 REVERSION OF ASSETS
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In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds,
per 24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds
or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). Regulations
regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR
570.503(b)(7).
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and
carried, at all times during its performance.
3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
Community Development Block Grants(24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through
.326) and Collier County's purchasing thresholds.
Range: Competition Required
$0-3,000 1 Quote
$3,000-$10,000 3 Written Quotes
$10,000-$50,000 3 Written Quotes
$50,000+ Bids, Proposals, Contracts(ITB, RFP, etc)
3.13 PROGRAM GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained
from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY
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through an annual program income re-use plan, utilized by the SUBRECIPIENT accordingly, and
shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the
Program.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The Subrecipient may close out the project with the County after the year
affordability period has been met, if applicable. Activities during this closeout period shall
include, but not be limited to: making final payments, disposing of program assets (including the
return of all unused materials, equipment, program income balances, and receivable accounts
to the COUNTY), and determining the custodianship of records. In addition to the records
retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida
Statutes regarding records maintenance, preservation and retention. A conflict between state
and federal law records retention requirements will result in the more stringent law being
applied such that the record must be held for the longer duration. Any balance of unobligated
funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in
excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of
this Agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and
information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures
must take place in accordance with 2 CFR 200.343 and ensure all Federal grant requirements
have been completed.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity carried out by the performance of this Agreement on the
basis of 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; and to the greatest feasible extent 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. The SUBRECIPIENT shall comply with Section
3 of the Housing and Community Development Act of 1968.
3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
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participate in the performance of this contract. As used in this contract, the terms "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 at least fifty-one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
American Indians. The SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and female business enterprises in lieu of an independent
investigation.
3.17 PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons or presumed to be low to moderate income
persons based on applicable regulation, if the agreement is meeting a national objective
through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly
assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program. The project
shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this
Agreement.
3.18 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program.
The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to
the award of funds. The Affirmative Action will need to be updated throughout the five year
period and must be submitted to County within 30 days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT
covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2
CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing
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conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate-
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an
entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review
the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.
This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using
its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be
interpreted in such a manner so an not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate
income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to persons
on the basis of religion.
B. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
C. It will retain its independence from Federal, State and local governments and may
continue to carry out its mission, including the definition, practice and expression of its
religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
D. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction or
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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.
3.21 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the subrecipient and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation
of a child, aged person, or disabled adult to the County.
3.22 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
http://www.law.cornell.edu/cfr/text/24/pa rt-570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main_02.tpl
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FH
Laws/109
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. http://www.hud.gov/offices/fheo/library/h uddolstatement.pdf
E.O. 11063 — Equal Opportunity in Housing
http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH
Laws/EX011063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http://www.law.cornell.edu/cfr/text/24/part-107
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4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal_opp/prog
desc/title8
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo l3/pdf/CFR-2007-title24-vol3-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086-which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
EO 11375 and 12086: see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm
4.9 24 CFR 135 — 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 135, and all
applicable rules and orders issued hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this contract and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors.
Failure to fulfill these requirements shall subject the COUNTY,the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those
sanctions specified by the Agreement through which Federal assistance is provided. The
SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701).
Section 3 requires that to the greatest extent feasible opportunities for training and
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employment be given to low- and very low-income residents of the project area, and that
contracts for work in connection with the project be awarded to business concerns that
provide economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to
low- and very low-income persons residing within the metropolitan area in which the CDBG-
funded project is located; where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in which the project is
located, and to low- and very low- income participants in other HUD programs; and award
contracts for work undertaken in connection with a housing rehabilitation (including reduction
and abatement of lead- based paint hazards), housing construction, or other public construction
project to business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to business concerns that provide economic
opportunities to low- and very low-income residents within the service area or the
neighborhood in which the project is located, and to low- and very low-income participants in
other HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_main_02.tpl
4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm
11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_o
pp/FH Laws/EXO11063
11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
11375: Amended by EO 11478
11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: http://www.epa.gov/civilrights/sec504.htm
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29 USC 776: http://law.onecle.com/uscode/29/776.html
24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
http://www.fhwa.dot.gov/realestate/ua/index.htm
4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use
of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act.
HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC
276a and 24 CFR 135.11(c).
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-
http://www.law.co me l l.ed u/cfr/text/29/pa rt-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) http://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise http://www.mbda.gov/node/333
HUD Circular Letter 79-45
4.17 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 HCDA are still applicable.
24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: http://fedgovcontracts.com/pe02-192.htm
4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988.
http://www.ncbi.nlm.nih.gov/pubmed/12289709
4.19 2 CFR 200 et seq- Uniform Administrative Requirements, Cost Principles,and Audit
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requirements for Grants and Agreements. 1 IJ 5
4.20 Immigration Reform and Control Act of 1986
http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.21 Prohibition Of Gifts To County Employees- No organization or individual shall offer or give,
either directly or indirectly,any favor,gift, loan,fee,service or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes-
http://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii
Collier County-
http://bccsp0l/SiteDirectory/ASD/H R/la bor/CMAs/Shared%20Documents/CMA%205311.1%
20Sta n d a rd s%20of%20Co n d u ct.pd f
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the
Contract Documents, the terms of the Agreement shall take precedence over the terms of all
other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
4.23 Venue-Any suit of action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No
reference required for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or
mediation shall be attended by representatives of SUBRECIPIENT with full decision-making
authority and by COUNTY'S staff person who would make the presentation of any settlement
reached during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be
Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in
federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
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EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT.
http://www.flsenate.gov/Laws/Statutes/2010/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act,41 USC 7401,et seq. http://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http://www.law.cornell.edu/uscode/text/33/chapter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National
Flood Insurance Program is obtained and maintained. If appropriate, a letter of map
amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or
reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&SI D=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2
4:3.1.1.3.4.11.1.6&idno=24
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning
Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx?
c=ecfr&SID=eba40bd b52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3.
1.1.3.4.11.1.9&idno=24
4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_ma in_02.tpl
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state or local historic property list. http://www.nps.gov/history/local-
Iaw/nhpa1966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the
Drug-Free Workplace Act of 1988(41 USC 701).
http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible,or voluntarily excluded from participation in this
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transaction by any Federal Department or agency; and,that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract,or other covered transaction,with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K. http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2
4:3.1.1.3.4.11.1.10&idno=24
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable,
and agrees to adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all costs incurred.
These requirements are enumerated in 2 CFR et seq.
4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to
the County eighty (180) days after the end of the SUBRECIPIENT's fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, or 2 CFR 200
(as applicable), Audits of States, Local Governments, and Non-Profit Organizations. If this
Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
http://www.whitehouse.gov/omb/circulars/a 133_compliance_supplement_2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost
certification of costs performed by a certified public accountant. This has always been an
eligible cost; the amendment clarifies and codifies this.
http://www.law.cornell.edu/cfritext/24/92.206
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on 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 the 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. http://www.fhwa.dot.gov/realestate/ua/index.htm
http://www.law.cornell.edu/cfr/text/49/24.101
http://cfr.vlex.com/vid/570-505-use-real-property-19928754
4.34 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any
work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof.This notice is required by§
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5
287.133 (3) (a), Florida Statutes.
http://www.lawserver.com/law/state/florida/statutes/florida_statutes_287-133
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under
grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose
accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
4.37 Any rule or regulation determined to be applicable by HUD.
4.38 Florida Statutes 713.20, Part 1, Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&U RL=0700-
0799/0713/0713.html
4.39 Florida Statutes 119.021 Records Retention
http://www.lawserver.com/law/state/florida/statutes/florida_statutes_119-021
4.40 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-
0199/0119/Sections/0119.07.htm I
(Signature Page to Follow)
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16 0 5
IN WITNESS WHEREOF, the Subrecipient and the County, have each respectively, by an authorized
person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHT E. BROCK, CLERK COUNTY,.FLP'4 A
�J By: S </,atstGe_
1 a ut Clerk TIM NANCE, CHAIRMAN
fttestastvuna aYns
frat(irc?only,
Alin
Legal Aid Service of Broward County, Inc. d/b/a
Dated -'1012-P) I I
Legal ,ld 'ervice of Collier Coun
(SEAL)
f.
/AIM /
PP
nthony J. Karr:t, sq., Executive Director
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
V,: 'nM
r4 11��
e !tem#
(
Agenda'0`a
Date
Diet
ed ' IS
ReS
ut 'erk
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E.
Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers'Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued. Collier County shall be named as an additional
insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior
to any construction:
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5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the
Federal Emergency Management Agency (FEMA) as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained as a
condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through
the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
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EXHIBIT"C' 16 0 5
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
Grantee is required to submit to HUD, through the Integrated Disbursement and Information System
("IDIS") Performance Reports. The County reports information on a quarterly basis. To facilitate in the
preparation of such reports, Subrecipient shall submit the information contained herein within ten (10)
days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORT
Sub-recipients: Please fill in the following shaded areas of the report
Legal Aid Service of Collier County,a Division of Legal Aid Service of Broward
Agency Name: County, Inc. Date:
Project Title: Legal Services to Victims(LSTV)
Alternate Carol A.
Program Contact: Jeff Ahren, Director of Development Contact: O'Callaghan
Telephone Number: 239)775-4555
Activity Reporting Period Report Due Date
October 1st-December 31st January 10th
January 31st—March 315t April 10'h
April 1st—June 30th July 10th
July 1st—September 30th October 10th
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting
1. those goals since the beginning of the agreement.
A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement.
Outcome 1: Delivery of Legal Services to victims.
Outcome 2: 300 Low-Moderate Income/LMC Persons Served who are victims of domestic violence, sexual assault,
dating violence, child abuse, and other abuses throughout a 2 year period (duplication of clients from year one to year
two is permitted to allow for continuity of services).
Outcome 3: Conducted outreach seminars/activities
Outcome 4:
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B.Goal Progress: Indicate the progress to date in meetingeach outcome goal.
9 p 9
Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new
2. timeline for approval.
❑ ❑
Yes No
If no,explain:
3. Since October 1,2015,of the persons assisted,how many....
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now has improved access to this service or benefit? 0
c
...now receive a service or benefit that is no longer substandard? 0
TOTAL: 0
4. What funding sources are applied for this period/program year?
Other Consolidated Plan Funds CDBG
Other Federal Funds ESG
State/Local Funds HOME
Total
Entitlement
Total Other Funds $ 0.00 Funds $ 0.00
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Y
5. What is the total number of UNDUPLICATED clients served this quarter,if applicable?
a. Total No.of adult females served: 0 Total No.of females served under 18: 0
b. Total No. of adult males served: 0 Total No. of males served under 18: 0
TOTAL: 0 TOTAL: 0
c. Total No.of families served: Total No.of female head of household: 0
6. What is the total number of UNDUPLICATED clients served since October,if applicable?
a. Total No.of adult females served: 0 Total No.of females served under 18: 0
b. Total No.of adult males served: 0 Total No.of males served under 18: 0
TOTAL: 0 TOTAL: 0
c. Total No.of families served: 0 Total No. of female head of household: 0
Complete EITHER question#7 OR#8. Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit
categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8
7. PRESUMED BENEFICIARY DATA: 8. OTHER BENEFICIARY DATA: INCOME RANGE
Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served
since October 1 who fall into each presumed benefit category since October 1 who fall into each income category(the total
(the total should equal the total in question#6) should equal the total in question#6)
REPORT AS: REPORT AS:
0 Abused Children Homeless 0 Extremely low Income(0-30%)
O Person Battered 0 Low Income(31-50%)
0 Battered Spouses 0 Moderate Income(51-80%)
O Persons w/HIV/AIDS 0 Above Moderate Income(>80%)
0 Elderly Persons
0 Veterans
O Chronically/Mentally III
0 Physically Disabled Adults
O Other-Youth
TOTAL: 0 TOTAL: U
9. Racial&Ethnic Data: (if applicable)
Please indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please
indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell).
RACE ETHNICITY
White 0 ;whom,how many are Hispanic? 0
Black/African American 0 ;whom,how many are Hispanic? 0
Asian 0 ;whom,how many are Hispanic'? 0
American Indian/Alaska Native 0 ;whom,how many are Hispanic'? 0
Native Hawaiian/Other Pacific Islander 0 ;whom,how many are Hispanic? 0
American Indian/Alaskan Native&white 0 ;whom,how many are Hispanic? 0
Black/African American&White 0 ;whom,how many are Hispanic? 0
Am.Indian/Alaska Native&Black/African Am. 0 ;whom,how many are Hispanic'? 0
Other Multi-racial 0 ;whom,how many are Hispanic? 0
TOTAL: o TOTAL:HISPANIC o
Name: Signature:
Your Typed name here represents your electronic signature
Title:
Legal Aid Service of Collier County
CD15-05-IDIS#519
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete form, and retain appropriate supporting documentation, to document providing CDBG
assistance to an eligible beneficiary. Please file in your organization's records and have on hand for
future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets:All Household Members, Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than$5,000, multiply that amount by the rate
specified by HUD(applicable rate 2.0%) and enter results in B(c),otherwise
leave blank. B(c)
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C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf
of Minors
Member Wages/ Benefits Public Other
Salaries / Assistance Income
(include tips, Pensions Asset
commissions, Income
bonuses,and
nvortimal (Enter the
1 greater of
2 box B(b)or
3 box B(c),
4 above, in
5 box C(e)
6 below)
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we certify that the statements are
true and complete to the best of my/our knowledge and belief and are given under penalty
of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
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E. CDBG Grantee Statement: Based on the representations herein, the family or
individual(s) named in Item A of this Income Certification is/are eligible under the
provisions of the CDBG Program. The family or individual(s)constitute(s) a:
❑ Very-Low Income (VLI) Household means and individual or family whose annual income
does not exceed 30 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit $ ).
T1 Low Income (LI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit $ ).
❑ Moderate Income (MOD) Household means and individual or family whose annual
income does not exceed 30 percent of the area median income as determined by the
U.S. Department of Housing and Urban Development with adjustments for household
size.
(Maximum Income Limit $ ).
Based upon the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area (MSA) of Collier County, Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
Native
American Asian Black Hawaiian or White Oth 0— 26— 41— 62+
Indian Other Pac. er 25 40 61
Islander
Hispanic
Non-
Hispani
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No
beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not
affect any right he or she has to the CDBG program.
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f j
i,`N h
EXHIBIT"E"
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements. Accordingly, Collier County requires that all
appropriate documentation is provided regarding your organizations compliance.
In determining Federal awards expended in a fiscal year, the entity 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 guidelines
established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2
CFR Part 200, Subpart F —Audit Requirements, for fiscal years beginning on or after December 26, 2014. This
form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
Subrecipient Legal Aid Service of Collier County, a Division of Legal Aid Service of Broward
Name County, inc.
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year 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
LI met and a Circular A-133 or 2 CFR Par 200, Subpart F Single Audit 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 Circular A-133 or 2 CFR Part 200, Subpart F
because we:
❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's management
letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit reports. While we understand
❑ that the audit report contains a written response to the finding(s), we are requesting an updated
status of the corrective action(s) being taken. Please do not provide just a copy of the written
response from your audit report, unless it includes details of the actions, procedures, policies, etc.
implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/15
Legal Aid Service of Collier County
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO _, .,
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ;
Y
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office fi
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Peggy Hager Community & Human
Services (CHS) Division
2. County Attorney Office County Attorney Office
%Cu(3 t o121 1IS
3. BCC Office Board of County
\--kirk\>
Commissioners VA- VCS
4. Minutes and Records Clerk of Court's Office l
t v �S_ a-;`16141.-
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Rosa Munoz,CHS Phone Number 252-5713
Contact/ Department
Agenda Date Item was October 27,2015 / Agenda Item 16D5
Approved by the BCC Number
Type of Document 2015 Agreements for: Number of Original 3 of Eas,c
Attached Legal Aid-Legal Services to Victims Documents
Boys& Girls Club-Transportation Services Attached
Habitat-Land Acquisition Q4 .,‘
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signa e?STAMP OKAY RM
2. Does the document need to be sent to another agency for additional signatures? f yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be RM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the RM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RM •
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip RM
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/27/15 and all changes made RM
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for th �� aaef�1`=t
Chairman's signature. - Et
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16D5
FAIN# B-15-UC-12-0016
B-16-UC-12-0016
Federal Award Date Est. 10/2015
Federal Award Agency HUD
CFDA Name Community Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $25,000 FY 2015/2016&
Funds Awarded $25,000 FY 2016/2017
Subrecipient Name The Boys&Girls Club of Collier
County, FL, Inc.
DUNS# 018696208
FEIN# 65-0279110
R & D No
Indirect Cost Rate No
Period of Performance FY 15/16: 10/01/2015-09/30/2016
FY 16/17: 10/01/2016-09/30/2017
Fiscal Year End 5/31
Monitor End: 09/2017
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE BOYS&GIRLS CLUB OF COLLIER COUNTY, FL, INC.
THIS AGREEMENT is made and entered into this 21 day of 10/2015, by and between Collier County, a
political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E
Tamiami Trail, Naples FL 34112, and the Boys & Girls Club of Collier County, Florida, Inc. ("Subrecipient"),
having its principal office at 7500 Davis Boulevard, Naples 34104.
WHEREAS, the County has entered into an agreement with the United States Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community
Development Block Grant 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 approved the Collier County
Consolidated Plan — One year Action Plan for Federal Fiscal Year 2015-2016 for the CDBG Program on
August 11, 2015 in absentia (Item #16D2) and ratified on September 8, 2015 (Item #16F1-B); and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the County advertised a substantial amendment
on June 10, 2015 with a 30 day Citizen Comment period from June 10, 2015 to July 10, 2015; and
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WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of
each in the undertaking the CDBG Transportation Services; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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PART I
SCOPE OF WORK
The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance, as determined by Collier County Community and Human
Services(CHS) Division,to perform the tasks necessary to conduct the program as follows:
Project Component One: Funding costs will include but not be limited to the following expenses:
Provide bus transportation services from the organizations main campus to low income
neighborhoods.
Funding costs will include but not be limited to the following expenses:
CHS, as an administrator of the CDBG program, will make available FY2015-2016 CDBG funds up
to the gross amount of $25,000 from October 1, 2015 through September 30, 2016 to fund
Project Component One. *CDBG funds up to the gross amount of $25,000 have been
recommended for FY2016-2017 (year two), from October 1, 2016 through September 30, 2017
to provide Project Component One for a total of$50,000 for the two years.
*Funding for the second year is dependent upon HUD funding to Collier County, Collier County BCC approval of the FY
2016-2017 Action Plan, no monitoring findings from CHS monitoring visits, additional contractual obligations
identified in the County's subrecipient agreement-currency on quarterly reports. CHS reserves the right to request
additional information during the 2nd year application cycle to determine continued eligibility and compliance.
The applicant will not need to re-apply for the 2"d year funding request,but prior to receiving the second year funding
will, at a minimum, be required to provide all required deliverables outlined in the application dated February 18,
2015,including,but not limited to:the exhibits outlined on Page 4 of the application. CHS reserves the right to request
additional information during the FY 2016-2017 application cycle to determine continued eligibility and compliance.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to CHS for approval a detailed project schedule for the completion of the
project.
B. The following resolutions and policies must be adopted by the Subrecipient's governing
body within thirty(30)days of award of this agreement:
• Affirmative Fair Housing Policy
® Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy
• Procurement Policy
❑ Uniform Relocation Act Policy
• Sexual Harassment Policy
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Procedure for meeting the requirements set forth in Section 3 of the Housing
and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
❑ Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
• Fraud Policy
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Transportation Services Federal Amount
Project Component 1: Bus transportation services from the organizations main $25,000.00
campus to low income neighborhoods. Year 1
*$25,000.00
Year 2
Total Federal Funds: $25,000.00
*$25,000.00
$50,000.00
* Funds preliminarily approved and contingent upon availability of HUD funds,Part I Scope of Services,and BCC approval
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
❑ Maintain and provide to the County as requested beneficiary income certification
documentation
• Maintain National Objective Documentation
• Provide Quarterly reports on National Objectives and project progress
• Required attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction and rehabilitation
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period for the project is met
B. National Objective
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The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI/LMA). As such the Subrecipient shall be responsible for ensuring that all activities and
beneficiaries meet the definition of:
LMA—Low/Mod Area Benefit
❑ LMC—Low/Mod Clientele Benefit or presumed Low Mod Clientele
❑ LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
C. Project Outcome
The Subrecipient will provide transportation services to a minimum of one hundred and
twenty(120)youths each year. Duplicate services to a unique client are permissible in order to
maintain continuity with current client cases and insure service completion.
D. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within thirty(30) days of
(Section 1.1) agreement agreement execution
Insurance Insurance Certificate Annually within thirty(30)days
of renewal
Detailed project Schedule Project Schedule Within thirty(30) days of
agreement execution and
annually thereafter
Submission of Progress Report Exhibit C Quarterly
Financial and Compliance Audit Exhibit E Annually one hundred eighty
(180) days after FY end until
2017
E. Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
•
Bus transportation services from the Bus logs/Exhibit B and any Monthly
organizations main campus to low additional documentation as
income neighborhoods. requested
Final 10% retainage of year
one ($2,500) released with
year one monitoring report
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Final 10% retainage of year
two ($2,500) released upon
final monitoring clearance Annually
documentation
Final 10% ($2,500.00 yr 1) and *($2,500 yr 2) of retainage held will be released upon documentation
that a CDBG National Objective has been met. Failure on behalf of the subrecipient in achieving the
national objective under this agreement may require repayment of the entire CDBG investment under
this agreement. Should the subrecipient fail to meet the total required number of beneficiaries a pro
ration of the retainage may be forfeited.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start October 1, 2015 and shall end on September 30, 2016 for
the first year, and upon HUD approval for second year award, second year will start on October
1, 2016 and end on September 30, 2017.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available Twenty Five Thousand Dollars ($25,000.00) from October
1, 2015 through September 30, 2016 for the use by the SUBRECIPIENT during the term of the
agreement (hereinafter, the aforestated amount including, without limitation, any additional
amounts included thereto as a result of a subsequent amendment(s) to the agreement, shall be
referred to as the "Funds").
*The COUNTY also recommends an allocation of Twenty Five Thousand Dollars ($25,000 year
two)from October 1, 2016 through September 30, 2017 for the use by the SUBRECIPIENT during
the term of the agreement (hereinafter, the aforestated amount including, without limitation,
any additional amounts included thereto as a result of a subsequent amendment(s) to the
agreement, shall be referred to as the "Funds").
*Funding for the second year is dependent upon HUD funding to Collier County, Collier County BCC approval of the FY
2016-2017 Action Plan, no monitoring findings from CHS monitoring visits, additional contractual obligations
identified in the County's subrecipient agreement, current on quarterly reports. CHS reserves the right to request
additional information during the 2nd year application cycle to determine continued eligibility and compliance.
The applicant will not need to re-apply for the 2nd year funding request,but prior to receiving the second year funding
will, at a minimum, be required to provide all required deliverables outlined in the application, including, but not
limited to:the exhibits outlined on Page 4 of the application. CHS reserves the right to request additional information
during the 2nd year application cycle to determine continued eligibility and compliance.
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted
fund shifts among line items shall not be more than 10% of the total funding amount and does
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not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only
be made with Board approval.
If applicable, all improvements specified in Part I. Scope of Work shall be performed by
Subrecipient employees, or shall be put out to competitive bidding under a procedure
acceptable to the COUNTY and Federal requirements.The Subrecipient shall enter into contracts
for improvements with the lowest, responsible and qualified bidder. Contract administration
shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all
records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for
eligible costs, and all disbursements requests must be limited to the amount needed at the
time of the request. Invoices for work performed are required every month.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
during the term of this agreement. If no work has been performed during that month, or if the
SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required.
Explanations will be required if two consecutive months of$0 invoices are submitted. Payments
shall be made to the 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.
Final invoices are due no later than 90 days after the end of the agreement. Work performed
during the term of the program but not invoiced within 90 days after the end of the agreement
may not be processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to
180 days after the end of the agreement. Extensions must be authorized in writing by formal
letter to the Subrecipient and reported to the Board on a quarterly basis.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable local, state or Federal requirements. Payment will be made upon receipt of a
properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known
as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the Subrecipient are governed by the Federal grants management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
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reimbursement shall identify the associated project and approved project task(s) listed under
this Scope of Work. The Subrecipient may only incur direct costs that may be attributed
specifically to the projects referenced above as defined in 2 CFR 200.413.The 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 for in 2 CFR 200.318. Allowable costs incurred by the Subrecipients and Contractors
shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR
Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements
upon the Developer in order for the County to remain compliant with its obligation to follow 2
CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary
source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means.Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Rosa Munoz,Grant Coordinator
3339 E Tamiami Trail,Suite 211
Naples, Florida 34112
Email: RosaMunoz @colliergov.net
Telephone: (239) 252-5713
SUBRECIPIENT ATTENTION: Helen Gorman, Grant Writer or
Tiffany Heck,VP of Resource Development
The Boys&Girls Club of Collier County, FL
7500 Davis Boulevard
Naples, FL 34104
mailto:hgorman@bgccc.com
THeck@bgccc.com
Telephone: 239-325-1700
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits.
The determination of amounts of Federal awards expended shall be in accordance with
guidelines established by OMB Circular A-133 for fiscal years beginning before December 26,
2014 and established by 2 CFR Part 200, Subpart F-Audit Requirements for fiscal years beginning
on or after December 26, 2014.
2.2 RECORDS AND DOCUMENTATION
The 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 not be limited to,
the following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records and other
data procedures developed, prepared, assembled, or completed by the Subrecipient for
the purpose of this Agreement shall be made available to the COUNTY by the
SUBRECIPIENT at any time upon request by the COUNTY or CHS. Materials identified in
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the previous sentence shall be in accordance with generally accepted accounting
principles (GAAP), procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this Agreement,
including matching funds and Program Income.These records shall be maintained to the
extent of such detail as will properly reflect all net costs, direct and indirect labor,
materials, equipment, supplies and services, and other costs and expenses of whatever
nature for which reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to CHS if
requested. In any event the SUBRECIPIENT shall keep all documents and records in an
orderly fashion in a readily accessible, permanent and secured location for five (5) years
after the date of submission of the annual performance and evaluation report, as
prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or
audit is started before the expiration date of the five (5) year period, the records will be
maintained until all litigation, claim or audit findings involving these records are
resolved. The COUNTY shall be informed in writing if an agency ceases to exist after
closeout of this Agreement of the address where the records are to be kept as outlined
in 2 CFR 200.336. Meet all requirements for retaining public records and transfer, at no
cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination
of the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the public agency.
E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon
Law, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant
implementation.
F. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on
the SUBRECIPIENT's compliance.
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements such as necessary and appropriate
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determinations as defined in 24 CFR 570.208, income certification, and written
Agreements with beneficiaries, where applicable.
H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the public agency would provide the records and at a cost that does
not exceed the cost provided in this chapter or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report
(Exhibit E)to the COUNTY no later than one hundred eighty(180) days after the SUBRECIPIENT's
fiscal year end.The COUNTY will conduct an annual financial and programmatic review.
The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled as determined by CHS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards as stated with all
other applicable federal, state and local laws, regulations, and policies governing the funds
provided under this agreement further defined by 2 CFR 200.331. Substandard performance as
determined by the COUNTY will constitute noncompliance with this Agreement. If corrective
action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified
by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT
agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the
COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of
activities in this agreement.
2.4 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to
make acceptable progress on such corrective action plans.
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In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS)
has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers,
or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as
follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
entity and will require a corrective action plan be submitted to the Division
within 15 days following issuance of the report.
• Any pay requests that have been submitted to the Division for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely
manner to the Division, the Division may require a portion of the awarded grant
amount be returned to the Division.
• The County may require upwards of five percent (5%) of the award amount
be returned to the Division, at the discretion of the Board of County
Commissioners.
• The entity may be considered in violation of Resolution No. 2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected, and has been informed by the
Division of their substantial non-compliance by certified mail; the Division may
require a portion of the awarded grant amount or the amount of the CDBG
investment for acquisition of the properties conveyed, be returned to the
Division.
• The Division may require upwards of ten percent (10%) of the award
amount be returned to the Division, at the discretion of the Board of County
Commissioners.
• The entity will be considered in violation of Resolution No. 2013-228
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4. If in the case after repeated notification the Entity continues to be substantially
non- compliant, the Division may recommend the contract or award be
terminated.
• The Division will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
Entity will be required to repay all funds disbursed by the County for project
that was terminated. This includes the amount invested by the County for
the initial acquisition of the properties or other activities.
• The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Division and is found to be non-
compliant,the above sanctions may be imposed across all awards at the BCC's discretion.
2.5 REPORTS
Reimbursement may be contingent on 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.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the
10th day of January,April,July and October respectively for the prior quarter period end.As part
of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive
final report covering the agreed-upon Program objectives, activities and expenditures and
including, but not limited to, performance data on client feedback with respect to the goals and
objectives set forth in Exhibit "C". Exhibit"C" contains an example reporting form to be used
in fulfillment of this requirement. Other reporting requirements may be required by the
County Manager or designee in the event of Program changes; the need for additional
information or documentation arises; and/or legislative amendments are enacted. Reports
and/or requested documentation not received by the due date shall be considered delinquent
and may be cause for default and termination of this Agreement.
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TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations, except
that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is required to follow federal procurement 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. The SUBRECIPIENT also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies governing
the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services
to be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance, as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by
a duly authorized representative of each organization, and approved by the Grantee's governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee
or SUBRECIPIENT from its obligations under this Agreement.
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The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or
local governmental guidelines, policies and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be incorporated
only by written amendment signed by both Grantee and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must
be implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of
curtailment or non-production of said federal funds, the financial sources necessary to continue
to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the
COUNTY may terminate this Agreement, which termination shall be effective as of the date that
it is determined by the County Manager or designee, in his-her sole discretion and judgment,
that the funds are no longer available. In the event of such termination, the SUBRECIPIENT
agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the
County Commissioners and /or County Administration, personally liable for the performance of
this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
* Funding for the second year is dependent upon HUD funding to Collier County, no monitoring findings from CHS
monitoring visits, additional contractual obligations identified in the County's subrecipient agreement, current on
quarterly reports. CHS reserves the right to request additional information during the 2nd year application cycle to
determine continued eligibility and compliance.
The applicant will not need to re-apply for the 2nd year funding request, but prior to receiving
the second year funding will, at a minimum, be required to provide all deliverables outlined in
the application, including, but not limited to: the exhibits outlined on Page 4 of the application.
CHS reserves the right to request additional information during the 2nd year application cycle to
determine continued eligibility and compliance.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier 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, omission, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to
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negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims
and losses of any nature whatsoever in connection therewith and shall defend all suits in the
name of the COUNTY and shall pay all costs (including attorney's fees) and judgments
which may issue there-on. This Indemnification shall survive the termination and/or expiration
of this Agreement. This section does not pertain to any incident arising from the sole negligence
of Collier 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 of termination of this agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar
public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.39, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the
reasons for such termination, the effective date, and, in the case of partial terminations, the
portion to be terminated. However, if in the case of a partial termination, the Grantee
determined that the remaining portion of the award will not accomplish the purpose for which
the award was made, the Grantee may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
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;
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B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement; or
D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or
incomplete in any material respect.
E. Submission by the SUBRECIPIENT of any false certification;
F. Failure to materially comply with any terms of this Agreement; and
G. Failure to materially comply with the terms of any other agreement between the County
and the SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any
combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part;
B. Require the use of or change in professional property management;
C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds
SUBRECIPIENT has received under this Agreement;
D. Apply sanctions if determined by the County to be applicable;
E. Stop all payments until identified deficiencies are corrected;
F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination
and specifying the effective date of such termination. If the Agreement is terminated by
the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of
benefit for any incomplete project activities undertaken under this Agreement.
3.9 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds,
per 24 CFR 570.503(b)(7).
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The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds
or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). Regulations
regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR
570.503(b)(7).
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and
carried, at all times during its performance.
3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
Community Development Block Grants(24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through
.326) and Collier County's purchasing thresholds.
Range: Competition Required
$0-3,000 1 Quote
$3,000-$10,000 3 Written Quotes
$10,000-$50,000 3 Written Quotes
$50,000+ Bids, Proposals, Contracts (ITB, RFP, etc)
3.13 PROGRAM GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained
from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY
through an annual program income re-use plan, utilized by the SUBRECIPIENT accordingly, and
shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the
Program.
3.14 GRANT CLOSEOUT PROCEDURES
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SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The Subrecipient may close out the project with the County after the year
affordability period has been met, if applicable. Activities during this closeout period shall
include, but not be limited to: making final payments, disposing of program assets (including the
return of all unused materials, equipment, program income balances, and receivable accounts
to the COUNTY), and determining the custodianship of records. In addition to the records
retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida
Statutes regarding records maintenance, preservation and retention. A conflict between state
and federal law records retention requirements will result in the more stringent law being
applied such that the record must be held for the longer duration. Any balance of unobligated
funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in
excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of
this Agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and
information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures
must take place in accordance with 2 CFR 200.343 and ensure all Federal grant requirements
have been completed.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity carried out by the performance of this Agreement on the
basis of 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; and to the greatest feasible extent 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. The SUBRECIPIENT shall comply with Section
3 of the Housing and Community Development Act of 1968.
3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this contract, the terms "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 at least fifty-one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans,
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Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
American Indians. The SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and female business enterprises in lieu of an independent
investigation.
3.17 PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons or presumed to be low to moderate income
persons based on applicable regulation, if the agreement is meeting a national objective
through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly
assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program. The project
shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this
Agreement.
3.18 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program.
The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to
the award of funds. The Affirmative Action will need to be updated throughout the five year
period and must be submitted to County within 30 days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT
covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2
CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate-
income residents of the project target area.
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The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an
entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review
the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.
This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using
its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be
interpreted in such a manner so an not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate
income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to persons
on the basis of religion.
B. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
C. It will retain its independence from Federal, State and local governments and may
continue to carry out its mission, including the definition, practice and expression of its
religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
D. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or
other rooms that a CDBG funded religious congregation uses as its principal place of
worship, however, are ineligible for CDBG funded improvements.
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3.21 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the subrecipient and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation
of a child, aged person, or disabled adult to the County.
3.22 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
http://www.law.cornell.edu/cfr/text/24/part-570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main_02.tpl
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FH
Laws/109
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. http://www.hud.gov/offices/fheo/library/huddoistatement.pdf
E.O. 11063 — Equal Opportunity in Housing
http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH
Laws/EX011063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http://www.law.cornell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal_opp/prog
desc/title8
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4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
http://www.eeoc.govieeoc/history/35th/thelaw/eo-11246.html
EO 11375 and 12086: see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm
4.9 24 CFR 135 — 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 135, and all
applicable rules and orders issued hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this contract and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors.
Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those
sanctions specified by the Agreement through which Federal assistance is provided. The
SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701).
Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of the project area, and that
contracts for work in connection with the project be awarded to business concerns that
provide economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
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The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to
low- and very low-income persons residing within the metropolitan area in which the CDBG-
funded project is located; where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in which the project is
located, and to low- and very low- income participants in other HUD programs; and award
contracts for work undertaken in connection with a housing rehabilitation (including reduction
and abatement of lead- based paint hazards), housing construction, or other public construction
project to business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to business concerns that provide economic
opportunities to low- and very low-income residents within the service area or the
neighborhood in which the project is located, and to low- and very low-income participants in
other HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_main_02.tpl
4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm
11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fa ir_housing_equa l_o
pp/FHLaws/EXO11063
11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
11375: Amended by EO 11478
11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: http://www.epa.gov/civilrights/sec504.htm
29 USC 776: http://law.onecle.com/uscode/29/776.html
24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm
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4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
http://www.fhwa.dot.gov/realestate/ua/index.htm
4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use
of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act.
HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC
276a and 24 CFR 135.11(c).
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-
http://www.law.cornell.edu/cfr/text/29/part-3
29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provision Applicable Subject to the
Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise http://www.mbda.gov/node/333
HUD Circular Letter 79-45
4.17 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 HCDA are still applicable.
24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vo l3-sec570-608.pdf
E.O. 13279: http://fedgovcontracts.com/pe02-192.htm
4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988.
http://www.ncbi.nlm.nih.gov/pubmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
4.20 Immigration Reform and Control Act of 1986
http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
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4.21 Prohibition Of Gifts To County Employees- No organization or individual shall offer or give,
either directly or indirectly,any favor,gift, loan,fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes-
http://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_pa rt_iii
Collier County-
http://bccsp0l/SiteDirectory/ASD/H R/labor/CMAs/Sha red%20Documents/CMA%205311.1%
20Sta nda rds%20of%20Cond uct.pdf
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the
Contract Documents, the terms of the Agreement shall take precedence over the terms of all
other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
4.23 Venue-Any suit of action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No
reference required for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or
mediation shall be attended by representatives of SUBRECIPIENT with full decision-making
authority and by COUNTY'S staff person who would make the presentation of any settlement
reached during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be
Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in
federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
http://www.flsenate.gov/Laws/Statutes/2010/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
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a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http://www.law.cornell.edu/uscode/text/33/chapter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National
Flood Insurance Program is obtained and maintained. If appropriate, a letter of map
amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or
reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2
4:3.1.1.3.4.11.1.6&idno=24
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning
Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx?
c=ecfr&SI D=eba40bd b52822d80827a48bced5 b0b56&rgn=div8&view=text&node=24:3.
1.1.3.4.11.1.9&idno=24
4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main_02.tpl
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state or local historic property list. http://www.nps.gov/history/local-
law/nhpa1966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the
Drug-Free Workplace Act of 1988 (41 USC 701).
http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract,or other covered transaction,with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K. http://www.ecfr.gov/cgi-bin/text-
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idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2
4:3.1.1.3.4.11.1.10&idno=24
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable,
and agrees to adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all costs incurred.
These requirements are enumerated in 2 CFR et seq.
4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to
the County eighty (180) days after the end of the SUBRECIPIENT's fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of OMB A-133133 or 2 CFR
200(as applicable),Audits of States, Local Governments, and Non-Profit Organizations. If this
Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost
certification of costs performed by a certified public accountant. This has always been an
eligible cost; the amendment clarifies and codifies this.
http://www.law.cornell.edu/cfr/text/24/92.206
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on 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 the 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. http://www.fhwa.dot.gov/realestate/ua/index.htm
http://www.law.cornell.edu/cfritext/49/24.101
http://cfr.vlex.com/vid/570-505-use-real-property-19928754
4.34 As provided in §287.133, Florida Statutes by entering into this Agreement or performing any
work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof.This notice is required by§
287.133 (3) (a), Florida Statutes.
http://www.lawserver.com/law/state/florida/statutes/florida_statutes_287-133
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4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract,the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under
grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose
accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
4.37 Any rule or regulation determined to be applicable by HUD.
4.38 Florida Statutes 713.20, Part 1, Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&U RL=0700-
0799/0713/0713.html
4.39 Florida Statutes 119.021 Records Retention
http://www.lawserver.com/law/state/florida/statutes/florida_statutes_119-021
4.40 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-
0199/0119/Sections/0119.07.html
(Signature Page to Follow)
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1 (5fl5
IN WITNESS WHEREOF,the Subrecipient and the County, have each respectively, by an authorized
person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHT E. BROCK,CLERK ( COUNTY,TtQRT�/�
\, By: /
put clerk J TIM NANCE,CHAIRMAN
Attest as to'Clin. � n s
signature Ohl The Boys & Girls Club of Collier County, Florida,
Dated: (0_' 2- /t,r—
Inc. (BGCCC)
(SEAL)
BYaL-g---.----1 .<,,. ).1--/A-4-...-)
Theresa Shaw, President&CEO
Approved as to form and legality:
Jennifer A. Belpedio---)-.4.---SS----
Assistant County Attorney
AgendaE
Date (-1n a_\f
g Recd 'Rete (S:Aag PC
1
Deputy Cieik 1
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f I'
r-
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E.
Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued. Collier County shall be named as an additional
insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior
to any construction:
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5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the
Federal Emergency Management Agency (FEMA) as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained as a
condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through
the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Recipient Name: The Boys& Girls Club of Collier County (BGCCC)
Recipient Address: 7500 Davis Boulevard, Naples, FL 34104
Project Name:Transportation Services
Project No: CD15-07 IDIS#520 Payment Request#
Total Payment Minus Retainage
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Grant Amount Awarded $
Sum of Past Claims Paid on this Account $
Total Grant Amount Awarded Less Sum of Past
Claims paid on this Account $
Amount of Previous Unpaid Requests $
Amount of Today's Request $
10% Retainage Amount Withheld $
Current Grant Balance (Initial Grant Amount $
Awarded Less Sum of all requests)
I certify that this request for payment has been made in accordance with the terms and conditions of
the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and
belief, all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
(Approval required $15,000 and above) (Approval Required $15,000 and above)
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X605
EXHIBIT"C"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance
Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipient
shall submit the information contained herein within ten (10) days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORT
Sub-recipients: Please fill in the following shaded areas of the report
Agency Name: The Boys& Girls Club of Collier County(BGCCC) Date:
Project Title: Transportation Services
Alternate
Program Contact: Helen Gorman,Grant Writer Contact: Tiffany Heck
Telephone Number: (239)239-325-1700
Activity Reporting Period Report Due Date
October 1st-December 31st January 10th
January 31st—March 31st April 10th
April 1st—June 30th July 10th
July 1st—September 30th October 10th
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting
1. those goals since the beginning of the agreement.
A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement.
Outcome 1: A minimum of 120 youths each year for two years will benefit from bus transportation services (duplication
of clients from year 1 to year two is permitted to allow for continuity of services.
Outcome 2: Documentation of national objective achievement: LMI/(LMA for yr 1 and 2)
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B.Goal Progress: Indicate the progress to date in meeting each outcome goal.
Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new
2. timeline for approval.
Yes No
If no,explain:
3. Since October 1,2015,of the persons assisted, how many....
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now has improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
TOTAL: 0
4. What funding sources are applied for this period/program year?
Other Consolidated Plan Funds CDBG
Other Federal Funds ESG
State/Local Funds HOME
Total
Entitlement
Total Other Funds $ 0.00 Funds $ 0.00
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5. What is the total number of UNDUPLICATED clients served this quarter,if applicable?
a. Total No.of adult females served: 0 Total No.of females served under 18: 0
b. Total No. of adult males served: 0 Total No.of males served under 18: 0
TOTAL: 0 TOTAL: 0
c. Total No.of families served: Total No.of female head of household: 0
6. What is the total number of UNDUPLICATED clients served since October,if applicable?
a. Total No. of adult females served: 0 Total No. of females served under 18: 0
b. Total No.of adult males served: 0 Total No. of males served under 18: 0
TOTAL: 0 TOTAL: 0
c. Total No.of families served: 0 Total No.of female head of household: 0
Complete EITHER question#7 OR#8. Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit
categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8
7. PRESUMED BENEFICIARY DATA: 8. OTHER BENEFICIARY DATA:INCOME RANGE
Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served
since October 1 who fall into each presumed benefit category since October 1 who fall into each income category(the total
(the total should equal the total in question#6) should equal the total in question#6)
REPORT AS: REPORT AS:
O Abused Children Homeless 0 Extremely low Income(0-30%)
0 Person Battered 0 Low Income(31-50%)
0 Battered Spouses 0 Moderate Income(51-80%)
0 Persons w/HIV/AIDS 0 Above Moderate Income(>80%)
0 Elderly Persons
0 Veterans
0 Chronically/Mentally III
O Physically Disabled Adults
O Other-Youth
TOTAL: 0 TOTAL: 0
9. Racial&Ethnic Data: (if applicable)
Please indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please
indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell).
RACE ETHNICITY
White 0 ;of whom,how many are Hispanic? 0
Black/African American 0 ;of whom,how many are Hispanic? 0
Asian 0 ;of whom,how many are Hispanic? 0
American Indian/Alaska Native 0 ;of whom,how many are Hispanic? 0
Native Hawaiian/Other Pacific Islander 0 ;of whom,how many are Hispanic? 0
American Indian/Alaskan Native&white 0 ;of whom,how many are Hispanic? 0
Black/African American&White 0 ;of whom,how many are Hispanic? 0
Am.Indian/Alaska Native&Black/African Am. 0 ;of whom,how many are Hispanic? 0
Other Multi-racial 0 ;of whom,how many are Hispanic? 0
TOTAL: o TOTAL:HISPANIC o
Name: Signature:
Your Typed name here represents your electronic signature
Title:
Boys&Girls Club of Collier County
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete form, and retain appropriate supporting documentation, to document providing CDBG
assistance to an eligible beneficiary. Please file in your organization's records and have on hand for
future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets:All Household Members, Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate
specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise
leave blank. B(c)
Boys&Girls Club of Collier County
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16E
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf
of Minors
Member Wages/ Benefits Public Other
Salaries / Assistance Income
(include tips, Pensions Asset
commissions, Income
bonuses,and
overtime) (Enter the
greater of
1 box B(b)or
2 box B(c),
3 above, in
4 box C(e)
5 below)
6
7
8 ---
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we certify that the statements are
true and complete to the best of my/our knowledge and belief and are given under penalty
of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
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E. CDBG Grantee Statement: Based on the representations herein, the family or
individual(s) named in Item A of this Income Certification is/are eligible under the
provisions of the CDBG Program. The family or individual(s) constitute(s) a:
❑ Very-Low Income (VLI) Household means and individual or family whose annual income
does not exceed 30 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
n Low Income (LI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Moderate Income (MOD) Household means and individual or family whose annual
income does not exceed 30 percent of the area median income as determined by the
U.S. Department of Housing and Urban Development with adjustments for household
size.
(Maximum Income Limit $ ).
Based upon the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area (MSA)of Collier County, Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
Native
American Hawaiian or Oth 0— 26— 41—
Asian Black White 62+
Indian Other Pac. er 25 40 61
Islander
Hispanic
Non-
Hispani
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No
beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not
affect any right he or she has to the CDBG program.
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Q
EXHIBIT"E"
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements. Accordingly, Collier County requires that all
appropriate documentation is provided regarding your organizations compliance.
In determining Federal awards expended in a fiscal year, the entity 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 guidelines
established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2
CFR Part 200, Subpart F —Audit Requirements, for fiscal years beginning on or after December 26, 2014. This
form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
Subrecipient The Boys & Girls Club of Collier County, FL, Inc.
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year 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 Circular A-133 or 2 CFR Part 200, Subpart F Single Audit 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 Circular A-133 or 2 CFR Part 200, Subpart F
because we:
❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's management
letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit reports. While we understand
n that the audit report contains a written response to the finding(s), we are requesting an updated
status of the corrective action(s) being taken. Please do not provide just a copy of the written
response from your audit report, unless it includes details of the actions, procedures, policies, etc.
implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/15
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO _, .,
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ;
Y
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office fi
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Peggy Hager Community & Human
Services (CHS) Division
2. County Attorney Office County Attorney Office
%Cu(3 t o121 1IS
3. BCC Office Board of County
\--kirk\>
Commissioners VA- VCS
4. Minutes and Records Clerk of Court's Office l
t v �S_ a-;`16141.-
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Rosa Munoz,CHS Phone Number 252-5713
Contact/ Department
Agenda Date Item was October 27,2015 / Agenda Item 16D5
Approved by the BCC Number
Type of Document 2015 Agreements for: Number of Original 3 of Eas,c
Attached Legal Aid-Legal Services to Victims Documents
Boys& Girls Club-Transportation Services Attached
Habitat-Land Acquisition Q4 .,‘
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signa e?STAMP OKAY RM
2. Does the document need to be sent to another agency for additional signatures? f yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be RM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the RM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RM •
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip RM
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/27/15 and all changes made RM
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for th �� aaef�1`=t
Chairman's signature. - Et
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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FAIN# B-15-UC-12-0016
Federal Award Date Est. 10/2015
Federal Award Agency HUD
CFDA Name Community Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $500,000
Funds Awarded
Subrecipient Name Habitat for Humanity of Collier
County, Inc.
DUNS# 080676690
FEIN# 59-1834379
R & D No
Indirect Cost Rate No
Period of Performance 10/01/2015-07/31/2016
Fiscal Year End 6/30
Monitor End: 09/2026
AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
THIS AGREEMENT is made and entered into this an day of 10/2015, by and between Collier County, a
political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E
Tamiami Trail, Naples FL 34112, and Habitat for Humanity of Collier County, Inc. ("Subrecipient"), having its
principal office at 11145 Tamiami Trail E, Naples, FL 34113.
WHEREAS, the County has entered into an agreement with the United States Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community
Development Block Grant 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 approved the Collier County
Consolidated Plan — One year Action Plan for Federal Fiscal Year 2015-2016 for the CDBG Program on
August 11, 2015 in absentia (item# 16D2)—and ratified on September 8, 2015—(item# 16F1); and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the County advertised a substantial amendment
on June 10, 2015 with a 30 day Citizen Comment period from June 10, 2015 to July 10, 2015; and
WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG
program; and
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WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of
each in the undertaking the CDBG Acquisition activity; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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PART I
SCOPE OF WORK
The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance, as determined by Collier County Community and Human
Services(CHS) Division,to perform the tasks necessary to conduct the program as follows:
Project Component One: Scattered Sites Acquisition: Funding costs will include but not be
limited to the following expenses: Purchase of vacant lots (scattered sites) located throughout
Collier County appraisal fees, inspections, survey, environmental review, and other closing
costs.
Project Component Two: Project Delivery: The SUBRECIPIENT will complete program
management and other project compliance activities conducted by their staff or contracted
party.
CHS, as an administrator of the CDBG program, will make available FY2015-2016 CDBG funds up
to the gross amount of $500,000 to Habitat for Humanity of Collier County, Inc. for said
referenced activities as outlined in Project Components One and Two.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to CHS for approval a detailed project schedule for the completion of the
project.
B. The following resolutions and policies must be adopted by the Subrecipient's governing
body within thirty(30) days of award of this agreement:
• Affirmative Fair Housing Policy
• Affirmative Action/ Equal Opportunity Policy
• Conflict of Interest Policy
• Procurement Policy
• Uniform Relocation Act Policy
• Sexual Harassment Policy
• Procedure for meeting the requirements set forth in Section 3 of the Housing
and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
• Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
• Fraud Policy
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1.2 PROJECT DETAILS
A. Project Description/Project Budget
Acquisition and Project Delivery activities Federal Amount
Project Component 1: Scattered Sites Acquisition $450,000
Purchase of vacant lots located throughout Collier County; appraisal, inspections,
survey, environmental and closing costs.
Project Component 2: Project Delivery $50,000
The SUBRECIPIENT will complete program management and other project
compliance activities conducted by staff or contracted party.
Total Federal Funds: $500,000.00
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
• Maintain and provide to the County as requested beneficiary income certification
documentation
• Maintain National Objective Documentation
• Provide Quarterly reports on National Objectives and project progress
• Required attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction and rehabilitation
• Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
❑ Provide certified payroll weekly throughout construction and rehabilitation
▪ Comply with Uniform Relocation Act(URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
• Ensure the applicable affordability period for the project is met
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such the Subrecipient shall be responsible for ensuring that all activities and
beneficiaries meet the definition of:
❑ LMA—Low/Mod Area Benefit
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❑ LMC—Low/Mod Clientele Benefit or presumed Low Mod Clientele
• LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
C. Project Outcome
The Subrecipient will purchase up to fifteen (15) vacant lots throughout Collier County for the
future construction of single family homes which will benefit LMI households.
D. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within thirty(30) days of
(Section 1.1) agreement agreement execution
Insurance Insurance Certificate Annually within thirty (30)days
of renewal
Detailed project Schedule Project Schedule Within thirty(30)days of
agreement execution
Submission of Progress Report Exhibit C Quarterly reports.Annually after
closeout.
Financial and Compliance Audit Exhibit E Annually one hundred eighty
(180) days after FY end until
2021
Program Income Detail for each property and At the time of sale to qualified
homebuyer note and mortgage homebuyer
for principal reduction
E. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Scattered Sites Submission of monthly invoices and At time of aquisition
Acquisition backup as evidenced by HUD
Purchase of vacant lots located 1/invoice/closing documents/deed
throughout Collier County; to also restriction, note, mortgage/banking
include but not limited to those cost documents/Exhibit B and any
associated with the acquisition, additional documentation as
survey, appraisal, inspection and requested
environmental.
There will be no retainage held on this
component
Project Component 2: Project Submission of monthly invoices and Monthly
Delivery: Program management and backup as evidenced by/banking
compliance related activities in documents/time sheets/Exhibit B and
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support of project implementation any additional documentation as
performed by in house staff or requested j
contracted 3rd party
10% up to a total of$5,000 will be
withheld from component#2 invoice
and shall be released upon final
monitoring clearance documentation
10%of Component#2 invoice up to $5,000.00 will be retained and released upon documentation that a
CDBG National Objective has been met. Failure on behalf of the subrecipient in achieving the national
objective under this agreement will require repayment of the entire CDBG investment under this
agreement.All homes shall be constructed and occupied no later than July 2021.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start October 1, 2015 and shall end on July 31, 2016.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available Five Hundred Thousand Dollars ($500,000.00) for the use
by the SUBRECIPIENT during the term of the agreement (hereinafter, the aforestated amount
including, without limitation, any additional amounts included thereto as a result of a
subsequent amendment(s)to the agreement, shall be referred to as the "Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted
fund shifts among line items shall not be more than 10% of the total funding amount and does
not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only
be made with Board approval.
All improvements specified in Part I. Scope of Work shall be performed by Subrecipient
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and Federal requirements. The Subrecipient shall enter into contracts for
improvements with the lowest, responsible and qualified bidder. Contract administration shall
be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
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SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for
eligible costs, and all disbursements requests must be limited to the amount needed at the
time of the request. Invoices for work performed are required every month.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
during the term of this agreement. If no work has been performed during that month, or if the
SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required.
Explanations will be required if two consecutive months of$0 invoices are submitted. Payments
shall be made to the 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.
The SUBRECIPIENT is required to submit all project delivery invoices within 60 days of incurring
the cost. Should the SUBRECIPIENT fail to submit invoices and supporting documentation this
may constitute forfeiture of reimbursement and said non-payment shall be at the sole discretion
of the Community and Human Services Director or designee.
Final invoices are due no later than 90 days after the end of the agreement. Work performed
during the term of the program but not invoiced within 90 days after the end of the agreement
may not be processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to
180 days after the end of the agreement. Extensions must be authorized in writing by formal
letter to the Subrecipient and reported to the Board on a quarterly basis.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable local, state or Federal requirements. Payment will be made upon receipt of a
properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known
as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the Subrecipient are governed by the Federal grants management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under
this Scope of Work. The Subrecipient may only incur direct costs that may be attributed
specifically to the projects referenced above as defined in 2 CFR 200.413.The 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 for in 2 CFR 200.318. Allowable costs incurred by the Subrecipients and Contractors
shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR
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Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements
upon the Developer in order for the County to remain compliant with its obligation to follow 2
CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary
source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means.Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Rosa Munoz,Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: RosaMunoz@colliergov.net
Telephone: (239) 252-5713
SUBRECIPIENT ATTENTION:Cormac Giblin,Senior Project Manager
Habitat for Humanity of Collier County
11145 Tamiami Trail East
Naples, FL 34113
CGiblin@HFHCollier.com
Telephone: 239-775-0036
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits.
The determination of amounts of Federal awards expended shall be in accordance with
guidelines established by OMB Circular A-133 for fiscal years beginning before December 26,
2014 and established by 2 CFR Part 200, Subpart F-Audit Requirements for fiscal years beginning
on or after December 26, 2014.
2.2 RECORDS AND DOCUMENTATION
The 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 not be limited to,
the following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records and other
data procedures developed, prepared, assembled, or completed by the Subrecipient for
the purpose of this Agreement shall be made available to the COUNTY by the
SUBRECIPIENT at any time upon request by the COUNTY or CHS. Materials identified in
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the previous sentence shall be in accordance with generally accepted accounting
principles (GAAP), procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this Agreement,
including matching funds and Program Income.These records shall be maintained to the
extent of such detail as will properly reflect all net costs, direct and indirect labor,
materials, equipment, supplies and services, and other costs and expenses of whatever
nature for which reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to CHS if
requested. In any event the SUBRECIPIENT shall keep all documents and records in an
orderly fashion in a readily accessible, permanent and secured location for five (5) years
after the date of submission of the annual performance and evaluation report, as
prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or
audit is started before the expiration date of the five (5) year period, the records will be
maintained until all litigation, claim or audit findings involving these records are
resolved. The COUNTY shall be informed in writing if an agency ceases to exist after
closeout of this Agreement of the address where the records are to be kept as outlined
in 2 CFR 200.336. Meet all requirements for retaining public records and transfer, at no
cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination
of the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the public agency.
E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon
Law, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant
implementation.
F. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on
the SUBRECIPIENT's compliance.
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements such as necessary and appropriate
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determinations as defined in 24 CFR 570.208, income certification, and written
Agreements with beneficiaries,where applicable.
H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the public agency would provide the records and at a cost that does
not exceed the cost provided in this chapter or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report
(Exhibit E)to the COUNTY no later than one hundred eighty (180) days after the SUBRECIPIENT's
fiscal year end.The COUNTY will conduct an annual financial and programmatic review.
The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled as determined by CHS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards as stated with all
other applicable federal, state and local laws, regulations, and policies governing the funds
provided under this agreement further defined by 2 CFR 200.331. Substandard performance as
determined by the COUNTY will constitute noncompliance with this Agreement. If corrective
action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified
by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT
agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the
COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of
activities in this agreement.
2.4 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to
make acceptable progress on such corrective action plans.
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In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS)
has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers,
or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as
follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
entity and will require a corrective action plan be submitted to the Division
within 15 days following issuance of the report.
• Any pay requests that have been submitted to the Division for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely
manner to the Division, the Division may require a portion of the awarded grant
amount be returned to the Division.
• The County may require upwards of five percent (5%) of the award amount
be returned to the Division, at the discretion of the Board of County
Commissioners.
• The entity may be considered in violation of Resolution No. 2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected, and has been informed by the
Division of their substantial non-compliance by certified mail; the Division may
require a portion of the awarded grant amount or the amount of the CDBG
investment for acquisition of the properties conveyed, be returned to the
Division.
• The Division may require upwards of ten percent (10%) of the award
amount be returned to the Division, at the discretion of the Board of County
Commissioners.
• The entity will be considered in violation of Resolution No. 2013-228
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4. If in the case after repeated notification the Entity continues to be substantially
non- compliant, the Division may recommend the contract or award be
terminated.
• The Division will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
Entity will be required to repay all funds disbursed by the County for project
that was terminated. This includes the amount invested by the County for
the initial acquisition of the properties or other activities.
• The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Division and is found to be non-
compliant,the above sanctions may be imposed across all awards at the BCC's discretion.
2.5 REPORTS
Reimbursement may be contingent on 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.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the
10th day of January,April,July and October respectively for the prior quarter period end. As part
of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive
final report covering the agreed-upon Program objectives, activities and expenditures and
including, but not limited to, performance data on client feedback with respect to the goals and
objectives set forth in Exhibit "C". Exhibit"C" contains an example reporting form to be used
in fulfillment of this requirement. Other reporting requirements may be required by the
County Manager or designee in the event of Program changes; the need for additional
information or documentation arises; and/or legislative amendments are enacted. Reports
and/or requested documentation not received by the due date shall be considered delinquent
and may be cause for default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations, except
that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is required to follow federal procurement 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. The SUBRECIPIENT also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies governing
the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services
to be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance,as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by
a duly authorized representative of each organization, and approved by the Grantee's governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee
or SUBRECIPIENT from its obligations under this Agreement.
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The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or
local governmental guidelines, policies and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be incorporated
only by written amendment signed by both Grantee and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must
be implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of
curtailment or non-production of said federal funds, the financial sources necessary to continue
to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the
COUNTY may terminate this Agreement, which termination shall be effective as of the date that
it is determined by the County Manager or designee, in his-her sole discretion and judgment,
that the funds are no longer available. In the event of such termination, the SUBRECIPIENT
agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the
County Commissioners and /or County Administration, personally liable for the performance of
this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier 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, omission, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the 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. The SUBRECIPIENT shall pay all claims
and losses of any nature whatsoever in connection therewith and shall defend all suits in the
name of the COUNTY and shall pay all costs (including attorney's fees) and judgments
which may issue there-on. This Indemnification shall survive the termination and/or expiration
of this Agreement. This section does not pertain to any incident arising from the sole negligence
of Collier 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 of termination of this agreement.
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3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar
public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.39, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the
reasons for such termination, the effective date, and, in the case of partial terminations, the
portion to be terminated. However, if in the case of a partial termination, the Grantee
determined that the remaining portion of the award will not accomplish the purpose for which
the award was made,the Grantee may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
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, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement; or
D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or
incomplete in any material respect.
E. Submission by the SUBRECIPIENT of any false certification;
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F. Failure to materially comply with any terms of this Agreement; and
G. Failure to materially comply with the terms of any other agreement between the County
and the SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any
combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part;
B. Require the use of or change in professional property management;
C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds
SUBRECIPIENT has received under this Agreement;
D. Apply sanctions if determined by the County to be applicable;
E. Stop all payments until identified deficiencies are corrected;
F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination
and specifying the effective date of such termination. If the Agreement is terminated by
the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of
benefit for any incomplete project activities undertaken under this Agreement.
3.9 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds,
per 24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds
or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). Regulations
regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR
570.503(b)(7).
3.10 INSURANCE
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SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and
carried, at all times during its performance.
3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
Community Development Block Grants(24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through
.326) and Collier County's purchasing thresholds.
Range: Competition Required
$0-3,000 1 Quote
$3,000-$10,000 3 Written Quotes
$10,000-$50,000 3 Written Quotes
$50,000+ Bids, Proposals, Contracts(ITB, RFP, etc)
3.13 PROGRAM GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained
from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY
at the time of resale to a qualified LMI household and a program income re-use plan shall be
submitted annually to ensure continued compliance. All Program Income shall be returned to
the LMI homebuyer in the form of a principal reduction in accordance with the SUBRECPIENT
Program Income Reuse Plan. Program Income shall be in compliance with 2 CFR 200.307 and 24
CFR 570.503(c) in the operation of the Program.
At the time of sale and upon completion of construction of new home a job cost detail will be
provided for each home. Prior to the sale of each property Program Income shall be calculated
and submitted to the County for approval. The subrecipient shall calculate the CDBG investment
in each property utilizing the job cost detail. The net CDBG investment shall be secured with a a
Note and Mortgage to the benefit of the County.
*Example in calculating CDBG homeowner subsidy(for illustration purposes only):
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$50,000 CDBG investment/$80,000 job cost detail= total development cost($130,000)
$50,000/$130,000=.38 job cost
$150,000 Sales Price
CDBG subsidy 38%or$57,000 to LMI homebuyer and secured with Note and Mortgage
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The Subrecipient may close out the project with the County after the year
affordability period has been met, if applicable. Activities during this closeout period shall
include, but not be limited to: making final payments,disposing of program assets (including the
return of all unused materials, equipment, program income balances, and receivable accounts
to the COUNTY), and determining the custodianship of records. In addition to the records
retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida
Statutes regarding records maintenance, preservation and retention. A conflict between state
and federal law records retention requirements will result in the more stringent law being
applied such that the record must be held for the longer duration. Any balance of unobligated
funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in
excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of
this Agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and
information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures
must take place in accordance with 2 CFR 200.343 and ensure all Federal grant requirements
have been completed.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity carried out by the performance of this Agreement on the
basis of 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; and to the greatest feasible extent 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. The SUBRECIPIENT shall comply with Section
3 of the Housing and Community Development Act of 1968.
3.16 OPPORTUNITITES FOR SMAL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
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participate in the performance of this contract. As used in this contract, the terms "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 at least fifty-one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
American Indians. The SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and female business enterprises in lieu of an independent
investigation.
3.17 PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons or presumed to be low to moderate income
persons based on applicable regulation, if the agreement is meeting a national objective
through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly
assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program. The project
shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this
Agreement.
3.18 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program.
The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to
the award of funds. The Affirmative Action will need to be updated throughout the five year
period and must be submitted to County within 30 days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner
or degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT
covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2
CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing
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conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate-
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an
entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review
the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.
This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using
its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be
interpreted in such a manner so an not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate
income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to persons
on the basis of religion.
B. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
C. It will retain its independence from Federal, State and local governments and may
continue to carry out its mission, including the definition, practice and expression of its
religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
D. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction or
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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.
3.21 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the subrecipient and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation
of a child, aged person,or disabled adult to the County.
3.22 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
http://www.law.cornell.edu/cfr/text/24/part-570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main_02.tpl
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FH
Laws/109
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. http://www.hud.gov/offices/fheo/library/huddoistatement.pdf
E.O. 11063 — Equal Opportunity in Housing
http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH
Laws/EX011063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http://www.archives.gov/federa l-register/codification/executive-order/12259.html
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http://www.law.cornell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/prog
desc/title8
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-voI3/pdf/CFR-2007-title24-vo13-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086-which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
EO 11375 and 12086: see item#8 below
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4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm
4.9 24 CFR 135 — 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 135, and all
applicable rules and orders issued hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this contract and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors.
Failure to fulfill these requirements shall subject the COUNTY,the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those
sanctions specified by the Agreement through which Federal assistance is provided. The
SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701).
Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of the project area, and that
contracts for work in connection with the project be awarded to business concerns that
provide economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to
low- and very low-income persons residing within the metropolitan area in which the CDBG-
funded project is located; where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in which the project is
located, and to low- and very low- income participants in other HUD programs; and award
contracts for work undertaken in connection with a housing rehabilitation (including reduction
and abatement of lead- based paint hazards), housing construction, or other public construction
project to business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to business concerns that provide economic
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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.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_ma i n_02.tpl
4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm
11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal_o
pp/FHLaws/EXO11063
11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
11375:Amended by EO 11478
11478: http://www.archives.gov/federal-register/codification/executive-order/11478.htmI
12107: http://www.archives.gov/federal-register/codification/executive-order/12107.htmI
12086: http://www.archives.gov/federal-register/codification/executive-order/12086.htmI
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: http://www.epa.gov/civilrights/sec504.htm
29 USC 776: http://law.onecle.com/uscode/29/776.html
24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
http://www.fhwa.dot.gov/rea testate/ua/index.htm
4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use
of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act.
HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC
276a and 24 CFR 135.11(c).
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-
http://www.law.cornell.edu/cfr/text/29/part-3
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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) http://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise http://www.mbda.gov/node/333
HUD Circular Letter 79-45
4.17 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 HCDA are still applicable.
24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: http://fedgovcontracts.com/pe02-192.htm
4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988.
http://www.ncbi.nlm.nih.gov/pubmed/12289709
4.19 2 CFR 200 et seq- Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
4.20 Immigration Reform and Control Act of 1986
http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.21 Prohibition Of Gifts To County Employees- No organization or individual shall offer or give,
either directly or indirectly, any favor,gift, loan,fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes,Collier County Ethics Ordinance
No. 2004-05, as amended,and County Administrative Procedure 5311. Florida Statutes-
http://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii
Collier County-
http://bccsp0l/SiteDi rectory/ASD/H R/labor/CMAs/Sha red%20Docume nts/CMA%205311.1%
20Standards%20of%20Conduct.pdf
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the
Contract Documents, the terms of the Agreement shall take precedence over the terms of all
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other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
4.23 Venue-Any suit of action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No
reference required for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or
mediation shall be attended by representatives of SUBRECIPIENT with full decision-making
authority and by COUNTY'S staff person who would make the presentation of any settlement
reached during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be
Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in
federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
http://www.flsenate.gov/Laws/Statutes/2010/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act,41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http://www.law.cornell.edu/uscode/text/33/chapter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National
Flood Insurance Program is obtained and maintained. If appropriate, a letter of map
amendment(LOMA) may be obtained from FEMA, which would satisfy this requirement and/or
reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text-
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idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2
4:3.1.1.3.4.11.1.6&idno=24
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning
Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx?
c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3.
1.1.3.4.11.1.9&idno=24
4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main_02.tpl
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state or local historic property list. http://www.nps.gov/history/Iocal-
law/nhpa1966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the
Drug-Free Workplace Act of 1988(41 USC 701).
http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment,declared ineligible,or voluntarily excluded from participation in this
transaction by any Federal Department or agency;and,that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract,or other covered transaction,with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609,Subpart K. http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&SI D=eba40bd b52822d80827a48 bced 5b0b56&rgn=div8&view=text&node=2
4:3.1.1.3.4.11.1.10&idno=24
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable,
and agrees to adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all costs incurred.
These requirements are enumerated in 2 CFR et seq.
4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to
the County eighty (180) days after the end of the SUBRECIPIENT's fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of OMB A-133 or 2 CFR 200 (as
Habitat for Humanity
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applicable),Audits of States, Local Governments,and Non-Profit Organizations. If this
Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost
certification of costs performed by a certified public accountant. This has always been an
eligible cost; the amendment clarifies and codifies this.
http://www.law.cornell.edu/cfr/text/24/92.206
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on 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 the 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. http://www.fhwa.dot.gov/realestate/ua/index.htm
http://www.law.cornell.edu/cfr/text/49/24.101
http://cfr.vlex.com/vid/570-505-use-real-property-19928754
4.34 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any
work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof.This notice is required by§
287.133 (3) (a), Florida Statutes.
http://www.lawserver.com/law/state/florida/statutes/florida_statutes_287-133
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract,the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
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The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under
grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose
accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
4.37 Any rule or regulation determined to be applicable by HUD.
4.38 Florida Statutes 713.20, Part 1,Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-
0799/0713/0713.htm I
4.39 Florida Statutes 119.021 Records Retention
http://www.lawserver.com/law/state/florida/statutes/florida_statutes_119-021
4.40 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-
0199/0119/Sectio ns/0119.07.htm I
(Signature Page to Follow)
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IN WITNESS WHEREOF,the Subrecipient and the County, have each respectively, by an authorized
person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHT E. BROCK, ERK COUNTI4 =A Okk \ .1V•Itt-)V k By: r'
i� _...
' r� De ty Clerk TIM NANCE,CHAIRMAN
r4t�: +I<.;;i O chairman's
yy N
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Dated: la: /24 pc--
MAL) By:"Z
Nick Kou7 '
lo as,V.P. of Land Development
Approved as to form and legality:
Jennifer A. Belpedio gbh
Assistant County Attorney
Item# IA. i
Raend3
.;e roJ� .0
Date
Rec'd l� (S
a •
,' Deputy Cier<
t
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E.
Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued. Collier County shall be named as an additional
insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior
to any construction:
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5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the
Federal Emergency Management Agency (FEMA) as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained as a
condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or contract:
7. Workers'Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through
the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Recipient Name: Habitat for Humanity of Collier County(HfH)
Recipient Address: 11145 Tamiami Trail East, Naples, FL 34113
Project Name:Scattered Site Acquisition
Project No: CD15-01 IDIS#514 Payment Request#
Total Payment Minus Retainage
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II:STATUS OF FUNDS
Grant Amount Awarded $
Sum of Past Claims Paid on this Account $
Total Grant Amount Awarded Less Sum of Past
Claims paid on this Account $
Amount of Previous Unpaid Requests $
Amount of Today's Request $
10% Retainage Amount Withheld $
Current Grant Balance (Initial Grant Amount $
Awarded Less Sum of all requests)
I certify that this request for payment has been made in accordance with the terms and conditions of
the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and
belief, all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
(Approval required $15,000 and above) (Approval Required$15,000 and above)
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EXHIBIT"C"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance
Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipient
shall submit the information contained herein within ten (10) days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORT
Sub-recipients: Please fill in the following shaded areas of the report
Agency Name: Habitat for Humanity of Collier County(HfH) Date:
Project Title: Scattered Sites Acquisition
Alternate
Program Contact: Cormac Giblin,Senior Project Manager Contact:
Telephone Number: (239)239-775-0036
Activity Reporting Period Report Due Date
October 1st-December 31st January 10th
January 31st—March 31st April 10th
April 1st—June 30th July 10th
July 1st—September 30th October 10th
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting
1. those goals since the beginning of the agreement.
A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement.
Outcome 1: Acquisition of scattered site vacant lots throughout Collier County for future housing which will benefit LMI
Households
Outcome 2: Completion of Project Delivery Activities: program management and compliance activities
Outcome 3: Documentation of national objective achievement: LMI/LMH
Outcome 4:
B.Goal Progress: Indicate the progress to date in meeting each outcome goal.
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Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new
2. timeline for approval.
❑ ❑
Yes No
If no,explain:
3. Since October 1,2015,of the persons assisted,how many....
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now has improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
TOTAL: 0
4. What funding sources are applied for this period/program year?
Other Consolidated Plan Funds CDBG
Other Federal Funds ESG
State/Local Funds HOME
Total
Entitlement
Total Other Funds $ 0.00 Funds $ 0.00
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5. What is the total number of UNDUPLICATED clients served this quarter,if applicable?
a. Total No.of adult females served: 0 Total No.of females served under 18: 0
b. Total No. of adult males served: 0 Total No.of males served under 18: 0
TOTAL: 0 TOTAL: 0
c. Total No. of families served: Total No.of female head of household: 0
6. What is the total number of UNDUPLICATED clients served since October,if applicable?
a. Total No.of adult females served: 0 Total No.of females served under 18: 0
b. Total No. of adult males served: 0 Total No.of males served under 18: 0
TOTAL: 0 TOTAL: 0
c. Total No.of families served: 0 Total No.of female head of household: 0
Complete EITHER question#7 OR#8. Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit
categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8
7. PRESUMED BENEFICIARY DATA: 8. OTHER BENEFICIARY DATA:INCOME RANGE
Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served
since October 1 who fall into each presumed benefit category since October 1 who fall into each income category(the total
(the total should equal the total in question#6) should equal the total in question#6)
REPORT AS: REPORT AS:
O Abused Children Homeless 0 Extremely low Income(0-30%)
O Person Battered 0 Low Income(31-50%)
0 Battered Spouses 0 Moderate Income(51-80%)
0 Persons w/HIV/AIDS 0 Above Moderate Income(>80%)
O Elderly Persons
O Veterans
O Chronically/Mentally III
O Physically Disabled Adults
O Other-Youth
TOTAL: p TOTAL: U
9. Racial&Ethnic Data: _ (if applicable)
Please indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please
indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell).
RACE ETHNICITY
White 0 ;of whom,how many are Hispanic? 0
Black/African American 0 ;of whom,how many are Hispanic? 0
Asian 0 ;of whom,how many are Hispanic? 0
American Indian/Alaska Native 0 ;of whom,how many are Hispanic? 0
Native Hawaiian/Other Pacific Islander 0 ;of whom,how many are Hispanic? 0
American Indian/Alaskan Native&white 0 ;of whom,how many are Hispanic? 0
Black/African American&White 0 ;of whom,how many are Hispanic? 0
Am.Indian/Alaska Native&Black/African Am. 0 ;of whom,how many are Hispanic? 0
Other Multi-racial 0 ;of whom,how many are Hispanic? 0
TOTAL: 0 TOTAL:HISPANIC p
Name: Signature:
Your Typed name here represents your electronic signature
Title:
Habitat for Humanity
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EXHIBIT D 1 6 0
INCOME CERTIFICATION
INSTRUCTIONS
Complete form, and retain appropriate supporting documentation, to document providing CDBG
assistance to an eligible beneficiary. Please file in your organization's records and have on hand for
future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets:All Household Members, Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than$5,000, multiply that amount by the rate
specified by HUD(applicable rate 2.0%) and enter results in B(c),otherwise
leave blank. B(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf
of Minors
Member Wages/ Benefits Public Other
Salaries / Assistance Income
(include tips, Pensions Asset
commissions, Income
bonuses,and
overtime) (Enter the
greater of
1
box B(b)or
2 box B(c),
3 above, in
4 box C(e)
5 below)
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we certify that the statements are
true and complete to the best of my/our knowledge and belief and are given under penalty
of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
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E. CDBG Grantee Statement: Based on the representations herein, the family or
individual(s) named in Item A of this Income Certification is/are eligible under the
provisions of the CDBG Program. The family or individual(s)constitute(s) a:
❑ Very-Low Income (VLI) Household means and individual or family whose annual income
does not exceed 30 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
n Low Income (LI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Moderate Income (MOD) Household means and individual or family whose annual
income does not exceed 30 percent of the area median income as determined by the
U.S. Department of Housing and Urban Development with adjustments for household
size.
(Maximum Income Limit$ ).
Based upon the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area (MSA)of Collier County, Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons_
By Race,1 Ethnicity By Age
Native
American Hawaiian or Oth 0— 26— 41—
Asian Black White er 25 40 61 62+
Indian Other Pac.
Islander
Hispanic
Non-
Hispani
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No
beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not
affect any right he or she has to the CDBG program.
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EXHIBIT"E"
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements. Accordingly, Collier County requires that all
appropriate documentation is provided regarding your organizations compliance.
In determining Federal awards expended in a fiscal year, the entity 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 guidelines
established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2
CFR Part 200, Subpart F —Audit Requirements, for fiscal years beginning on or after December 26, 2014. This
form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
Subrecipient Habitat for Humanity of Collier County, Inc.
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year 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 Circular A-133 or 2 CFR Part 200, Subpart F Single Audit 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 Circular A-133 or 2 CFR Part 200, Subpart F
because we:
❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's management
letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit reports. While we understand
❑ that the audit report contains a written response to the finding(s), we are requesting an updated
status of the corrective action(s) being taken. Please do not provide just a copy of the written
response from your audit report, unless it includes details of the actions, procedures, policies, etc.
implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/15
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INSTR 5245143 OR 5255 PG 2804
PAGES 4
pyy►GHT E.BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
RECORDED 3/29/2016 4:02 PM
REC$35.50
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants,Mhereinafter referred to as Declaration, is made and
entered into on the f 7 day of/' Z , 2016, by HABITAT FOR HUMANITY OF
COLLIER COUNTY, hereinafter referred to as "Habitat" in favor and for the benefit of Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" for
property legally described as:
Hallendale Lot 86, Section 23, Township 50, Range 25
The aforementioned parcel is hereinafter referred to as the"Property".
The Property is located at 3160 Andrews Avenue, Naples, Florida 34112.
WITHESSETH:
1. Habitat agrees to all requirements of the Community Development Block Grant (CDBG)
Program in acceptance of CDBG funding from COUNTY to acquire the Property and the
terms of the Agreement between Collier County and Habitat, as it may be modified,
dated October 1, 2015 ("Agreement").
2. Habitat, its successors or assigns, shall use the Property to meet one of the CDBG
National Objectives for a period of five (5) years commencing on March 14, 2016 (the
"Term") and ending on March 13, 2021. Collier County's Community and Human
Services Division must approve all changes in use of the Property in accordance with
CDBG reversion of assets set forth in 24 CFR 570.503 (b)(7). Upon resale or transfer of
the Property to a qualified buyer, the period of affordability and required use will transfer
to the buyer at the benefit of Collier County and the five year period of affordability starts
when the beneficiary takes occupancy, as that is the date that the CDBG national
Objective would then be achieved.
3. Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported
to the COUNTY at the time of resale to a qualified LMI household and a program
income re-use plan shall be submitted annually to ensure continued compliance. All
Program Income shall be returned to the LMI homebuyer in the form of a principal
reduction in accordance with the SUBRECPIENT Program Income Reuse Plan. Program
Income shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the
operation of the Program.
At the time of sale and upon completion of construction of new home a job cost detail will
be provided to Collier County Community and Human Services for each home. Prior to
the sale of each property, Program Income shall be calculated and submitted to the
County for approval. The subrecipient shall calculate the CDBG investment in each
16 5
property utilizing the job cost detail. The net CDBG investment shall be secured with a
Note and Mortgage to the benefit of the County.
*Example in calculating CDBG homeowner subsidy (for illustration purposes
only):
$50,000 CDBG investment/$80,000 job cost detail = total development cost
($130,000)
$50'000/$130^000= .38job cost
$150,000 Sales Price
CDBG subsidy 38% or $57,000 to LMI homebuyer and secured with Note and
Mortgage
4. In the event Habitat fails to use the Property for the purposes expressly set forth herein
or by reference, Habitat agrees to repay the acquisition cost to COUNTY or dispose of
the Property in compliance with CDBG requirements, CFR 570.505, in an amount equal
to the fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to, the property.
5. Habitat agrees that until such time as the property transfers to the homebuyer Habitat
shall ensure the property remains in a safe, decent and sanitary condition and the
responsibility upon transfer shall rest with the homeowner. Fudher, parties agree to
comply with all |oom|. State and Federal requirements specific to funding sources
attached to this property.
6. COUNTY shall approve in advance such action necessary to allow the tnanmfmr,
conveyance, assignment, |amoinQ, mortgaging or encumbering of the Property or to
accomplish the acts described above.
7. This Declaration sets forth herein regulating and restricting the use and occupancy of the
Property (i) shall be and are covenants running with the Pnopady, encumbering the
Property for the term of this Declaration, and binding, upon the Recipient's successors in
title and all subsequent owners of the Property, (ii) are not merely personal covenants of
the Recipient,and (iii) shall bind the Recipient and its respective successors and assigns
during the term of this Declaration. All approvals shall be in writing and approved by the
Collier County Board of County Commissioners.
8. Any and all requirements of the laws of the State of Florida to be satisfied in order for the
provisions of this Declaration to constitute deed restrictions and covenants running with
the land shall be deemed to be satisfied in full, and that any requirements or privileges of
estate are intended to be sm1iofied, or in the mWernate, that an equitable servitude has
been created to ensure that these restrictions run with the land.
Q. The invalidity of any o|muma, part or provision of this Declaration shall not affect the
validity of the remaining portions thereof.
10. COUNTY shall have the right to enforce the hennm, provisions and restrictions of this
Declaration for five year in compliance with the October 01, 2015 CDBG Grant
1 6 5
Agreement and 24 CFR 570, et. seq. Any forbearance on behalf of the COUNTY to
exercise its right of enforcement hereunder shall not be deemed or construed to be a
waiver of either of their rights hereunder.
For the term of this Dec|onotimn, each and every oontnmot, deed, or other instrument
hereafter executed conveying the property or portion thereof shall expressly provide that
such conveyance is subject to this Oedanatimn, provided, howevmr, that these covenants
contained herein shall survive and be effective regardless of whether such contracts,
deeds or other conveyance instrument is subject to this Declaration.
Upon expiration of the period during which Habitat is obligated to operate the Property in
accordance with the Paragraph 5 above, this Declaration shall terminate and shall no
longer be effective.
[SIGNATURE AND NOTARY PAGE TO FOLLOW]
1605
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
By: � I
Print:/th /<' /64-c7444eray
Witness Signature Title:
Print: / ► Mil - Ilberte
Witne0 '•nai i-
Print:K C�' ' PARATORF
STATE OF FLORIDA
COUNTY OF COLLIER
worn to and subscribed before me this 77 day of ,f a "c.A , 2016 by
A),ft � �, �c�`� er'45 (name), C L (title), on behalf
of HABITAT FOR HUMANITY OF COLLIER COUNTY, IN(' petsonallyknown to
me or has produced as identification. Tel WITNESS my hand and official seal this 7 7 •- a i&4'/2.. , 2016.
(affix notarial seal) !A'
(Signature 'f Notary Public)
•R APARATO r r. ,
IMYS6 (Print Name of Nr ary Public)
�..., EXPIRES:July 4,2017 NOTARY PUBLIC
?.+ Bonded Tlru Notary Public li de�rbws
Serial/Commission:
My Commission Expires:
Approved as to form and legality:
JENNIlIER A. BELPrE'IO
Assistant County Attorney
1605
INSTR 5245144 OR 5255 PG 2808
RECORDED 3/29/2016 4:02 PM PAGES 4
DWGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$35 50
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is made and
entered into on the 17 day of 11/1e rt_h , 2016, by HABITAT FOR HUMANITY OF
COLLIER COUNTY, hereinafter referred to as "Habitat" in favor and for the benefit of Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" for
property legally described as:
Hallendale Lot 87, Section 23, Township 50, Range 25
The aforementioned parcel is hereinafter referred to as the "Property".
The Property is located at 3148 Andrews Avenue, Naples, Florida 34112.
WITHESSETH:
1. Habitat agrees to all requirements of the Community Development Block Grant (CDBG)
Program in acceptance of CDBG funding from COUNTY to acquire the Property and the
terms of the Agreement between Collier County and Habitat, as it may be modified,
dated October 1, 2015 ("Agreement").
2. Habitat, its successors or assigns, shall use the Property to meet one of the CDBG
National Objectives for a period of five (5) years commencing on March 14, 2016 (the
"Term") and ending on March 13, 2021. Collier County's Community and Human
Services Division must approve all changes in use of the Property in accordance with
CDBG reversion of assets set forth in 24 CFR 570.503 (b)(7). Upon resale or transfer of
the Property to a qualified buyer, the period of affordability and required use will transfer
to the buyer at the benefit of Collier County and the five year period of affordability starts
when the beneficiary takes occupancy, as that is the date that the CDBG national
Objective would then be achieved.
3. Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported
to the COUNTY at the time of resale to a qualified LMI household and a program
income re-use plan shall be submitted annually to ensure continued compliance. All
Program Income shall be returned to the LMI homebuyer in the form of a principal
reduction in accordance with the SUBRECPIENT Program Income Reuse Plan. Program
Income shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the
operation of the Program.
At the time of sale and upon completion of construction of new home a job cost detail will
be provided to Collier County Community and Human Services for each home. Prior to
the sale of each property, Program Income shall be calculated and submitted to the
County for approval. The subrecipient shall calculate the CDBG investment in each
1 6 5
property utilizing the job cost detail. The net CDBG investment shall be secured with a
Note and Mortgage to the benefit of the County.
*Example in calculating CDBG homeowner subsidy (for illustration purposes
only):
$50,000 CDBG invemtmncnt/$80,000 job cost detail = total development cost
($130,000)
$5M,000/$130,0W0= .38 job cost
$150.080 Sales Price
CDBG subsidy 38% or $57,000 to LMI homebuyer and secured with Note and
Mortgage
4. In the event Habitat fails to use the Property for the purposes expressly set forth herein
or by rofenunoe. Habitat agrees to repay the acquisition cost to COUNTY or dispose of
the Property in compliance with CDBG requirements, CFR 570.505, in an amount equal
to the fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to,the property.
5. Habitat agrees that until such time as the property transfers to the homebuyer Habitat
shall ensure the property remains in a safe, decent and sanitary condition and the
responsibility upon transfer shall rest with the homeowner. Further, parties agree to
comply with all |000|. State and Federal requirements specific to funding sources
attached to this property.
6. COUNTY shall approve in advance such action necessary to allow the tnanshur,
conveyance, assignment, |amming, mortgaging or encumbering of the Property or to
accomplish the acts described above.
7. This Declaration setforth herein regulating and restricting the use and occupancy of the
Property (i) shall be and are covenants running with the Prop*rty, encumbering the
Property for the term of this Declaration, and binding, upon the Recipient's successors in
title and all subsequent owners of the Property, (ii) are not merely personal covenants of
the Recipient, and (iii)shall bind the Recipient and its respective successors and assigns
during the term of this Declaration. All approvals shall be in writing and approved by the
Collier County Board of County Commissioners.
8. Any and all requirements of the laws of the State of Florida to be satisfied in order for the
provisions of this Declaration to constitute deed restrictions and covenants running with
the land shall be deemed to be satisfied in full, and that any requirements or privileges of
estate are intended to be oodofied, or in the a|horneim, that an equitable servitude has
been created to ensure that these restrictions run with the land.
A. The invalidity of any daune, part or provision of this Declaration shall not affect the
validity of the remaining portions thereof.
10, COUNTY shall have the right to enforce the tn,ma, provisions and restrictions of this
Declaration for five year in compliance with the October 01, 2015 CDBG Grant
16 5
Agreement and 24CFR 570. et. seq. Any forbearance on behalf of the COUNTY to
exercise its right of enforcement hereunder shall not be deemed or construed to be a
waiver of either of their rights hereunder.
For the term of this Dec|anaUon, each and every contract, deed, r other instrument
hereafter executed conveying the property or portion thereof shall expressly provide that
such conveyance is subject to this DedmnaUon, providad, however, that these covenants
contained herein shall survive and be effective regardless of whether such contracts,
deeds or other conveyance instrument is subject to this Declaration.
Upon expiration of the period during which Habitat is obligated to operate the Property in
accordance with the Paragraph 5 above, this Declaration shall terminate and shall no
longer be effective.
[SIGNATURE AND NOTARY PAGE TO FOLLOW
1605
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
By:
Print: j(4,4,-/z, Aeras
Witness Signature Title: 7-7--
Fri"
Pri' , . .. • - •
r`.
Witne• t.18"; =• PARATORE
Print:
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and s bscribed before me this day of ,'1ak J , 2016 by
j'V rc K 1 C64.Iu eret,, (name), F -V P (title), on behalf
of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. who is Dersonall�r known to
me or has produced as identification.
WITNESS my hand and official seal this 17 day of riga fre,A , 2016.
(affix notarial seal)
ature • Notary Public)
> y` REBECCAPARATORE EBE t A PARATORE
MY COMMISSION I F025846s
EXPIRES:m4,2017 (Print Name of No ary Public)
NOTARY PUBLIC
Serial/Commission:
My Commission Expires:
Approved as to form and legality:
JENNIFER A. BELE D'10-
Assistant County Attorney
1605
INSTR 5245145 OR 5255 PG 2812
RECORDED 3/29/2016 4:02 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$35.50
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is made and
entered into on the 7 day of,7A Ic- , 2016, by HABITAT FOR HUMANITY OF
COLLIER COUNTY, hereinafter referred to as "Habitat" in favor and for the benefit of Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" for
property legally described as:
Hallendale Lot 101 OR 1778 PG 243, Section 23, Township 50, Range 25
The aforementioned parcel (48783720009) is hereinafter referred to as the "Property".
The Property is located at)(XXX Andrews Avenue, Naples, Florida 34112.
WITHESSETH:
1. Habitat agrees to all requirements of the Community Development Block Grant (CDBG)
Program in acceptance of CDBG funding from COUNTY to acquire the Property and the
terms of the Agreement between Collier County and Habitat, as it may be modified,
dated October 1, 2015 ("Agreement").
2. Habitat, its successors or assigns, shall use the Property to meet one of the CDBG
National Objectives for a period of five (5) years commencing on March 14, 2016 (the
"Term") and ending on March 13, 2021. Collier County's Community and Human
Services Division must approve all changes in use of the Property in accordance with
CDBG reversion of assets set forth in 24 CFR 570.503 (b)(7). Upon resale or transfer of
the Property to a qualified buyer, the period of affordability and required use will transfer
to the buyer at the benefit of Collier County and the five year period of affordability starts
when the beneficiary takes occupancy, as that is the date that the CDBG national
Objective would then be achieved.
3. Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported
to the COUNTY at the time of resale to a qualified LMI household and a program
income re-use plan shall be submitted annually to ensure continued compliance. All
Program Income shall be returned to the LMI homebuyer in the form of a principal
reduction in accordance with the SUBRECPIENT Program Income Reuse Plan. Program
Income shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the
operation of the Program.
At the time of sale and upon completion of construction of new home a job cost detail will
be provided to Collier County Community and Human Services for each home. Prior to
the sale of each property, Program Income shall be calculated and submitted to the
County for approval. The subrecipient shall calculate the CDBG investment in each
1605
property utilizing the job cost detail. The net CDBG investment shall be secured with a
Note and Mortgage to the benefit of the County.
*Example in calculating CDBG homeowner subsidy (for illustration purposes
only):
$50'000 CDBG investment/$80,000 job cost detail = total development cost
($130,000)
$50'000/$130.000 = .38job cost
$150`000 Sales Price
CDBG subsidy 38% or $57.000 to LMI homebuyer and secured with Note and
Mortgage
4. In the event Habitat fails to use the Property for the purposes expressly set forth herein
or by reference, Habitat agrees to repay the acquisition cost to COUNTY or dispose of
the Property in compliance with CDBG requirements, CFR 570.585. in an amount equal
to the fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to, the property.
5. Habitat agrees that until such time as the property transfers to the homebuyer Habitat
shall ensure the property remains in a safe, decent and sanitary condition and the
responsibility upon transfer shall rest with the homeowner. Fudh*r, parties agree to
comply with all |oom|. State and Federal requirements specific to funding sources
attached to this property.
6. COUNTY shall approve in advance such action necessary to allow the trenmfer,
conveyance, assignment, |eaming, mortgaging or encumbering of the Property or to
accomplish the acts described above.
7. This Declaration sets forth herein regulating and restricting the use and occupancy of the
Property (i) shall be and are covenants running with the Pvoparty, encumbering the
Property for the term of this Declaration, and binding, upon the Recipient's successors in
title and all subsequent owners of the Property, (ii) are not merely personal covenants of
the Recipient, and (iii) shall bind the Recipient and its respective successors and assigns
during the term of this Declaration. All approvals shall be in writing and approved by the
Collier County Board of County Commissioners.
8. Any and all requirements of the laws of the State of Florida to be satisfied in order for the
provisions of this Declaration to constitute deed restrictions and covenants running with
the land shall be deemed to be satisfied in full, and that any requirements or privileges of
estate are intended to be amUnfied, or in the a|tmmnahu, that an equitable servitude has
been created to ensure that these restrictions run with the land.
9. The invalidity of any o|auom, part or provision of this Declaration shall not affect the
validity of the remaining portions thereof.
10. COUNTY shall have the right to enforce the terms, provisions and restrictions of this
Declaration for five year in compliance with the October 01, 2015 CDBG Grant
16 5
Agreement and 24 CFR 570, et. seq. Any forbearance on behaof the COUNTY to
exercise its right of enforcement hereunder shall not be deemed or construed to be a
waiver of either of their rights hereunder.
For the term of this Qmc|orabnn, each and every monboct, deed, or other instrument
hereafter executed conveying the property or portion thereof shall expressly provide that
such conveyance is subject to this Declaration, provided, however, that these covenants
contained herein shall survive and be effective regardless of whether such contracts,
deeds or other conveyance instrument is subject to this Declaration.
Upon expiration of the period duriwhich Habitat is obligated to operate the Property in
accordance with the Paragraph 5 above, this Declaration shall terminate and shall no
longer be effective.
[SIGNATURE AND NOTARY PAGE TO FOLLOW]
1 6 0 5
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
ifi 7.),.,,,,/ By: y,�<� �
Print: 4li'c.4' JL/ A /2±5
Witness Si. atur- Title: A-1.[/
Print:__. ► • hilt- - • ' t -
1
IllWitnes-' i•.- u
Prir EBECCA PARATORE
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and subscribed before me this 7 7 day of /114,d , 2016 by
Pte'',(K foci CoA c ,., (name), F ti,. (title), on behalf
of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC jecba.is-personally known to
me or has produced as identification.
WITNESS my hand and official seal this /7 day of fill/eA , 2016.
(affix notarial seal)
`" """" (Signature o- otary Public)
%t�. REBECCA PARATORE
:« MY COMMISSION#FF 025846 : • •. • .
j1 ', +,' EXPIRES:Juy 4,eon (Print Name of Notary Public)
�.f,' �blic ` NOTARY PUBLIC
Serial/Commission:
My Commission Expires:
Approved as to form and legality:
JENNIFER A. BEL DIO
Assistant County Attorney
1605 0 5
INSTR 5245147 OR 5255 PG 2820
RECORDED 3/29/2016 4:02 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$35.50
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is made and
entered into on the .7 day of /4,- 7 , 2016, by HABITAT FOR HUMANITY OF
COLLIER COUNTY, hereinafter referred to as "Habitat" in favor and for the benefit of Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" for
property legally described as:
Naples Manor Add Block 4, Lot 2, Section 29, Township 50, Range 26
The aforementioned parcel is hereinafter referred to as the "Property".
The Property is located at 5206 Martin Street, Naples, Florida 34113.
WITH ESSETH:
1. Habitat agrees to all requirements of the Community Development Block Grant (CDBG)
Program in acceptance of CDBG funding from COUNTY to acquire the Property and the
terms of the Agreement between Collier County and Habitat, as it may be modified,
dated October 1, 2015 ("Agreement").
2. Habitat, its successors or assigns, shall use the Property to meet one of the CDBG
National Objectives for a period of five (5) years commencing on March 14, 2016 (the
"Term") and ending on March 13, 2021. Collier County's Community and Human
Services Division must approve all changes in use of the Property in accordance with
CDBG reversion of assets set forth in 24 CFR 570.503 (b)(7). Upon resale or transfer of
the Property to a qualified buyer, the period of affordability and required use will transfer
to the buyer at the benefit of Collier County and the five year period of affordability starts
when the beneficiary takes occupancy, as that is the date that the CDBG national
Objective would then be achieved.
3. Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported
to the COUNTY at the time of resale to a qualified LMI household and a program
income re-use plan shall be submitted annually to ensure continued compliance. All
Program Income shall be returned to the LMI homebuyer in the form of a principal
reduction in accordance with the SUBRECPIENT Program Income Reuse Plan. Program
Income shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the
operation of the Program.
At the time of sale and upon completion of construction of new home a job cost detail will
be provided to Collier County Community and Human Services for each home. Prior to
the sale of each property, Program Income shall be calculated and submitted to the
County for approval. The subrecipient shall calculate the CDBG investment in each
1 6 5
property utilizing the job cost detail. The net CDBG investment shall be secured with a
Note and Mortgage to the benefit of the County.
*Example in calculating CDBG homeowner subsidy (for Illustration purposes
only):
$50,000 CDBG investment/$80,000 job cost detail = total development cost
($130,000)
$50.000/$130`000= .38job cost
$150,000 Sales Price
CDBG subsidy 38% or $57,000 to LMI homebuyer and secured with Note and
Mortgage
4. In the event Habitat fails to use the Property for the purposes expressly set forth herein
or by vefenancm. Habitat agrees to repay the acquisition cost to COUNTY or dispose of
the Property in compliance with CDBG requirements, CFR 570.505, in an amount equal
to the fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to, the property.
5. Habitat agrees that until such time as the property transfers to the homebuyer Habitat
shall ensure the property remains in a safe, decent and sanitary condition and the
responsibility upon transfer shall rest with the homeowner. Fudhor, parties agree to
comply with all local, State and Federal requirements specific to funding sources
attached to this property.
6. COUNTY shall approve in advance such action necessary to allow the trmnofer,
conveyance, assignment, leasing, mortgaging or encumbering of the Property or to
accomplish the acts described above.
7. This Declaration sets forth herein regulating and restricting the use and occupancy of the
Property (i) shall be and are covenants running with the Ppopedy, encumbering the
Property for the term of this Oeo|oration, and bind|nQ, upon the Recipient's successors in
title and all subsequent owners of the Property, (ii) are not merely personal covenants of
the Recipient, and (iii)shall bind the Recipient and its respective successors and assigns
during the term of this Declaration. All approvals shall be in writing and approved by the
Collier County Board of County Commissioners.
8. Any and all requirements of the laws of the State of Florida to be satisfied in order for the
provisions of this Declaration to constitute deed restrictions and covenants running with
the land shall be deemed to be satisfied in full, and that any requirements or privileges of
estate are intended to be satisfied, or in the mhmmnmba, that an equitable servitude has
been created to ensure that those restrictions run with the land.
9. The invalidity of any clause, part or provision of this Declaration shall not affect the
validity of the remaining portions thereof.
10. COUNTY shall have the right to enforce the temnm, provisions and restrictions of this
Declaration for five year in compliance with the October 01, 2015 CDBG Grant
16 D
Agreement and 24 CFR 570, et. seq. Any forbearance on behalf of the COUNTY to
exercise its right of enforcement hereunder shall not be deemed or construed to be a
waiver of either of their rights hereunder.
For the term of this Oeo|enation, each and every uontnmct, deed, or other instrument
hereafter executed conveying the property or portion thereof shall expressly provide that
such conveyance is subject to this Declaration, provided, however, that these covenants
contained herein shall survive and be effective regardless of whether such contracts,
deeds or other conveyance instrument is subject to this Declaration.
Upon expiration of the period during which Habitat is obligated to operate the Property in
accordance with the Paragraph 5 above, this Declaration shall terminate and shall no
longer be effective.
[SIGNATURE AND NOTARY PAGE TO FOLLOW]
1605
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
By:
Print: /111/c /mot.'6/4&vi
Witness Sigma l F Title: f '411
Pri -- ma Laliberte
Witne-_ ' s
Print: C`•T• PARATOR�
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and subscribed before me this /7 day of //'1a' -I , 2016 by
XrJu w Ae'a_s (name), , `-// (title), on behalf
of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. who is personally known to
me or has produced as identification.
WITNESS my hand and official seal this /7 day of /1'lci r, , 2016.
(affix notarial seal)
",,.;rQFB�lic)
,!4• `:': MY REBECCA PARATOR25E
FT02E5fl16 (Print Name of Notary Public)
. EXPIRES:July 4,2017 NOTARY PUBLIC
f :^�' Bonded Mill Notary Pubic Unclog sq$ Serial/Commission:
My Commission Expires:
Approved as to form and legality:
JENNIFER A. BELPEO
Assistant County Attorney
1605
INSTR 5245148 OR 5255 PG 2824
RECORDED 3/29/2016 4:02 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$35.50
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is made and
'
entered into on the j day of Gt✓ , 2016, by HABITAT FOR HUMANITY OF
COLLIER COUNTY, hereinafter referred to as "Habitat" in favor and for the benefit of Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" for
property legally described as:
Naples Manor Add Block 8, Lot 23, Section 29, Township 50, Range 26
The aforementioned parcel is hereinafter referred to as the "Property".
The Property is located at 5369 Hardee Street, Naples, Florida 34113.
WITHESSETH:
1. Habitat agrees to all requirements of the Community Development Block Grant (CDBG)
Program in acceptance of CDBG funding from COUNTY to acquire the Property and the
terms of the Agreement between Collier County and Habitat, as it may be modified,
dated October 1, 2015 ("Agreement").
2. Habitat, its successors or assigns, shall use the Property to meet one of the CDBG
National Objectives for a period of five (5) years commencing on March 14, 2016 (the
"Term") and ending on March 13, 2021. Collier County's Community and Human
Services Division must approve all changes in use of the Property in accordance with
CDBG reversion of assets set forth in 24 CFR 570.503 (b)(7). Upon resale or transfer of
the Property to a qualified buyer, the period of affordability and required use will transfer
to the buyer at the benefit of Collier County and the five year period of affordability starts
when the beneficiary takes occupancy, as that is the date that the CDBG national
Objective would then be achieved.
3. Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported
to the COUNTY at the time of resale to a qualified LMI household and a program
income re-use plan shall be submitted annually to ensure continued compliance. All
Program Income shall be returned to the LMI homebuyer in the form of a principal
reduction in accordance with the SUBRECPIENT Program Income Reuse Plan. Program
Income shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the
operation of the Program.
At the time of sale and upon completion of construction of new home a job cost detail will
be provided to Collier County Community and Human Services for each home. Prior to
the sale of each property, Program Income shall be calculated and submitted to the
County for approval. The subrecipient shall calculate the CDBG investment in each
1 6 5
property utilizing the job cost detail. The net CDBG investment shall be secured with a
Note and Mortgage to the benefit of the County.
*Example in calculating CDBG homeowner subsidy (for illustration purposes
only):
$50,000 CDBG investment/$80,000 job cost detail = total development cost
($130,000)
$5Q,000/$130.000 = .38job cost
$150,000 Sales Price
CDBG subsidy 38% or $57,000 to LMI homebuyer and secured with Note and
Mortgage
4. In the event Habitat fails to use the Property for the purposes expressly set forth herein
or by rehunanno. Habitat agrees to repay the acquisition cost to COUNTY or dispose of
the Property in compliance with CDBG requirements, CFR 570.505, in an amount equal
to the fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to, the property.
5. Habitat agrees that until such time as the property transfers to the homebuyer Habitat
shall ensure the property remains in a safe, decent and sanitary condition and the
responsibility upon transfer shall rest with the homeowner. Further, parties agree to
comply with all |nco|. State and Federal requirements specific to funding sources
attached to this property.
6. COUNTY shall approve in advance such action necessary to allow the trmnmfmr,
conveyance, assignment, }eaoing, mortgaging or encumbering of the Property or to
accomplish the acts described above.
7. This Declaration sets forth herein regulating and restricting the use and occupancy of the
Property (i) shall be and are covenants running with the Pvnperty, encumbering the
Property for the term of this Declaration. and binding, upon the Recipient's successors in
title and all subsequent owners of the Property, (ii)are not merely personal covenants of
the Recipient, and (iii) shall bind the Recipient and its respective successors and assigns
during the term of this Declaration. All approvals shall be in writing and approved by the
Collier County Board of County Commissioners.
8. Any and all requirements of the laws of the State of Florida to be satisfied in order for the
provisions of this Declaration to constitute deed restrictions and covenants running with
the land shall be deemed to be satisfied in full, and that any requirements or privileges of
estate are intended to be omtioO*d, or in the m|hornmto, that an equitable servitude has
been created to ensure that these restrictions run with the land.
9. The invalidity of any u|auoe, part or provision of this Declaration shall not affect the
validity of the remaining portions thereof.
10. COUNTY shall have the right to enforce the tenno, provisions and restrictions of this
Declaration for five year in compliance with the October 01, 2015 CDBG Grant
1 6 5
Agreement and 24 CFR 570, et. seq. Any forbearance on behalf of the COUNTY to
exercise its right of enforcement hereunder shall not be deemed or construed to be a
waiver of either of their rights hereunder.
For the term of this Dmn|mnobon, each and every contract, deed, or other instrument
hereafter executed conveying the property or portion thereof shall expressly provide that
such conveyance is subject to this Declaration, provided, however, that these covenants
contained herein shall survive and be effective regardless of whether such contracts,
deeds or other conveyance instrument is subject to this Declaration.
Upon expiration of the period during which Habitat is obligated to operate the Property in
accordance with the Paragraph 5 above, this Declaration shall terminate and shall no
longer be effective.
[SIGNATURE AND NOTARY PAGE TO FOLLOW)
1605
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
By:
Print: /2.2,C. ,p,LIt X e✓1S
Witnes ignaTitle:
Print: I0 tur A alibene
witnPr ntrsM a A PARATlmr
STATE OF FLORIDA
COUNTY OF COLLIER
S orr to arr}d ubscribed before me this 77 day of//'c , 2016 by
/1J, /'Gu/G/'&7t5 (name), F U` 4 (title), on behalf
of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC who is personally known to
me or has produced as identification.
WITNESS my hand and official seal this 7 day of /*..t/ , 2016.
(affix notarial seal) -�
......,..,. (Signature • otary Public)
REBECCAPARATORE REB C .A ', _ 41 :
i.; •. A MY COMMISSION*FF 025846 (Print Name NotaryPublic)
4„,s f EXPIRES'July 4,2017 of
rte. , eood•drnmNotaryPu Undenvnlefs NOTARY PUBLIC
Serial/Commission:
My Commission Expires:
Approved as to form and legality:
JENNIFER A. BELPED1O
Assistant County Attorney
1605
INSTR 5245146 OR 5255 PG 2816
RECORDED 3/29/2016 4:02 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$35.50
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is made and
entered into on the ,/) day of aft-6 , 2016, by HABITAT FOR HUMANITY OF
COLLIER COUNTY, hereinafter referred to as "Habitat" in favor and for the benefit of Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" for
property legally described as:
Naples Manor unit 1, Block 6, Lot 18, Section 29, Township 50, Range 26
The aforementioned parcel is hereinafter referred to as the"Property".
The Property is located at 5325 Confederate Drive, Naples, Florida 34113.
WITHESSETH:
1. Habitat agrees to all requirements of the Community Development Block Grant (CDBG)
Program in acceptance of CDBG funding from COUNTY to acquire the Property and the
terms of the Agreement between Collier County and Habitat, as it may be modified,
dated October 1, 2015 ("Agreement").
2. Habitat, its successors or assigns, shall use the Property to meet one of the CDBG
National Objectives for a period of five (5) years commencing on March 14, 2016 (the
"Term") and ending on March 13, 2021. Collier County's Community and Human
Services Division must approve all changes in use of the Property in accordance with
CDBG reversion of assets set forth in 24 CFR 570.503 (b)(7). Upon resale or transfer of
the Property to a qualified buyer, the period of affordability and required use will transfer
to the buyer at the benefit of Collier County and the five year period of afford b1Iity starts
when the beneficiary takes occupancy, as that is the date that the C paG national
Objective would then be achieved.
3. Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported
to the COUNTY at the time of resale to a qualified LMI household and a program
income re-use plan shall be submitted annually to ensure continued compliance. All
Program Income shall be returned to the LMI homebuyer in the form of a principal
reduction in accordance with the SUBRECPIENT Program Income Reuse Plan. Program
Income shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the
operation of the Program.
At the time of sale and upon completion of construction of new home a job cost detail will
be provided to Collier County Community and Human Services for each home. Prior to
the sale of each property, Program Income shall be calculated and submitted to the
County for approval. The subrecipient shall calculate the CDBG investment in each
6 5
property utilizing the job cost detail. The net CDBG investment shall be secured with a
Note and Mortgage to the benefit of the County.
*Example in calculating CDBG homeowner subsidy (for illustration purposes
only):
$50,000 CDBG investmmmnt/$80,000 job cost detail = total development cost
($130,000)
$50,000/$130,000= .38 job cost
$150.000 Sales Price
CDBG subsidy 38% or $57,000 to LMI homebuyer and secured with Note and
Mortgage
4. In the event Habitat fails to use the Property for the purposes expressly set forth herein
or by naferenne. Habitat agrees to repay the acquisition cost to COUNTY or dispose of
the Property in compliance with CDBG requirements, CFR 570.505, in an amount equal
to the fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to, the property.
5. Habitat agrees that until such time as the property transfers to the homebuyer Habitat
shall ensure the property remains in a safe, decent and sanitary condition and the
responsibility upon transfer shall rest with the homeowner. Fudher, parties agree to
comply with all local, State and Federal requirements specific to funding sources
attached to this property.
O. COUNTY shall approve in advance such action necessary to allow the tnansfer,
conveyance, assignment, |eaming, mortgaging or encumbering of the Property or to
accomplish the acts described above.
7. This Declaration sets forth herein regulating and restricting the use and occupancy of the
Property (i) shall be and are covenants running with the Propmdy, encumbering the
Property for the term of this Declaration, and binding, upon the Recipient's successors in
title and all subsequent owners of the Property, (ii) are not merely personal covenants of
the Recipient, and (iii) shall bind the Recipient and its respective successors and assigns
during the term of this Declaration. All approvals shall be in writing and approved by the
Collier County Board of County Commissioners.
8. Any and all requirements of the laws of the State of Florida to be satisfied in order for the
provisions of this Declaration to constitute deed restrictions and covenants running with
the land shall be deemed to be satisfied in full, and that any requirements or privileges of
estate are intended to be oatisOed, or in the ahernmtm, that an equitable servitude has
been created to ensure that these restrictions run with the land.
Q. The invalidity of any n|muam, part or provision of this Declaration shall not affect the
validity of the remaining portions thereof.
16 0 5
10. COUNTY shall have the right to enforce the h*nnn, provisions and restrictions of this
Declaration for five year in compliance with the October 01, 2015 CDBG Grant
Agreement and 24 CFR 570, et. seq. Any forbearance on behalf of the COUNTY to
exercise its right of enforcement hereunder shall not be deemed or construed to be a
waiver of either of their rights hereunder.
For the term of this Oeo|erotion, each and every contract, deed, or other instrument
hereafter executed conveying the property or portion thereof shall expressly provide that
such conveyance is subject to this Deo|orotion, provided, however, that these covenants
contained herein shall survive and be effective regardless of whether such contracts,
deeds or other conveyance instrument is subject to this Declaration.
UponexpinoUonofLhepnhndduhngwhichHab\tatiuob|igatedhonperatethePropah1yin
accordance with the Paragraph 5 above, this Declaration shall terminate and shall no
longer be effective.
[SIGNATURE AND NOTARY PAGE TO FOLLOW]
1605
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
By: �
.
�l
Print: 44 c,C{ /i r, e ncs
Witness S'•-- re Title: .4/,
Print: '_ Qr'"..�C=►La lib- e
ar
Witness .ign re
Print: : : a ea . .
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn tonc� subscribed before me this 17 day of /41,,a' , 2016 by
/)i c..k- Ko►.A6�.ee4I (name), a p (title), on behalf
of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. who is personally known to
me or has produced as identification.
WITNESS my hand and official seal this / 7 day of Ma re.- j , 2016.
.--------:
(affix notarial seal) _d.
i�t—�*►\ (Signat e of Notary Public)
iii' MECCA PARATORE
MY CCMMISS4CN w FF025818 I. !�_ , •A •
EXPIRES:Aiy4,2011 (Print Name of Notary 'u• is
'' �idid ""Notary `Urd"""t"` NOTARY PUBLIC
Serial/Commission:
My Commission Expires:
Approved as to form and legality:
JENKIFER A. BEL DIO
Assistant County Att rney
16 0 5
INSTR 5245150 OR 5255 PG 2832
RECORDED 3/29/2016 4.02 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$35.50
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is made and
entered into on the day of ,/ly t/j , 2016, by HABITAT FOR HUMANITY OF
COLLIER COUNTY, hereinafter referred to as "Habitat" in favor and for the benefit of Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" for
property legally described as:
Trail Acres Block 5, Lot 18, Section 32, Township 50, Range 26
The aforementioned parcel is hereinafter referred to as the "Property".
The Property is located at 97 4th Street, Naples, Florida 34113
WITHESSETH:
1. Habitat agrees to all requirements of the Community Development Block Grant (CDBG)
Program in acceptance of CDBG funding from COUNTY to acquire the Property and the
terms of the Agreement between Collier County and Habitat, as it may be modified,
dated October 1, 2015 ("Agreement").
2. Habitat, its successors or assigns, shall use the Property to meet one of the CDBG
National Objectives for a period of five (5) years commencing on March 14, 2016 (the
"Term") and ending on March 13, 2021. Collier County's Community and Human
Services Division must approve all changes in use of the Property in accordance with
CDBG reversion of assets set forth in 24 CFR 570.503 (b)(7). Upon resale or transfer of
the Property to a qualified buyer, the period of affordability and required use will transfer
to the buyer at the benefit of Collier County and the five year period of affordability starts
when the beneficiary takes occupancy, as that is the date that the CDBG national
Objective would then be achieved.
3. Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported
to the COUNTY at the time of resale to a qualified LMI household and a program
income re-use plan shall be submitted annually to ensure continued compliance. All
Program Income shall be returned to the LMI homebuyer in the form of a principal
reduction in accordance with the SUBRECPIENT Program Income Reuse Plan. Program
Income shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the
operation of the Program.
At the time of sale and upon completion of construction of new home a job cost detail will
be provided to Collier County Community and Human Services for each home. Prior to
the sale of each property, Program Income shall be calculated and submitted to the
County for approval. The subrecipient shall calculate the CDBG investment in each
1605
property utilizing the job cost detail. The net CDBG investment shall be secured with a
Note and Mortgage to the benefit of the County.
*Example in calculating CDBG homeowner subsidy (for illustration purposes
only):
g50.000 CDBG |nvemtmnent/$80,000 job cost detail = total development cost
($130'000)
$50,000V$130'880 = .38 job cost
$150,000 Sales Price
CDBG subsidy 38% or $57,000 to LMI homebuyer and secured with Note and
Mortgage
4. In the event Habitat fails to use the Property for the purposes expressly set forth herein
or by refenanoe. Habitat agrees to repay the acquisition cost to COUNTY or dispose of
the Property in compliance with CDBG requirements, CFR 570.505, in an amount equal
to the fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to,the property.
5. Habitat agrees that until such time as the property transfers to the homebuyer Habitat
shall ensure the property remains in a safe, decent and sanitary condition and the
responsibility upon transfer shall rest with the homeowner. Further, parties agree to
comply with all |000|. State and Federal requirements specific to funding sources
attached to this property.
G. COUNTY shall approve in advance such action necessary to allow the transfer,
conveyance, assignment, |easing, mortgaging or encumbering of the Property or to
accomplish the acts described above.
7. This Declaration sets forth herein regulating and restricting the use and occupancy of the
Property (i) shall be and are covenants running with the Property, encumbering the
Property for the term of this Declaration, and binding, upon the Recipient's successors in
title and all subsequent owners of the Property, (ii) are not merely personal covenants of
the Recipient, and (iii) shall bind the Recipient and its respective successors and assigns
during the term of this Declaration. All approvals shall be in writing and approved by the
Collier County Board of County Commissioners.
8. Any and all requirementof the laws of the State of Florida to be satisfied in order for the
provisions of this Declaration to constitute deed restrictions and covenants running with
the land shall be deemed to be satisfied in full, and that any requirements or privileges of
estate are intended to be oatiofied, or in the a|henmote, that an equitable servitude has
been created to ensure that these restrictions run with the land.
S. The invalidity of any dauoe, part or provision of this Declaration shall not affect the
validity of the remaining portions thereof.
10. COUNTY shall have the right to enforce the tannn, provisions and restrictions of this
Declaration for five year in compliance with the October 01, 2015 CDBG Grant
160 5
Agreement and 24 CFR 570, et. seq. Any forbearance on behalf of the COUNTY to
exercise its right of enforcement hereunder shall not be deemed or construed to be a
waiver of either of their rights hereunder.
For the term of this [3eo|anmdnn, each and every contract, deed, or other instrument
hereafter executed conveying the property or portion thereof shall expressly provide that
such conveyance is subject to this Declaration, provided, however, that these covenants
contained herein shall survive and be effective regardless of whether such contracts,
deeds or other conveyance instrument is subject to this Declaration.
Upon expiration of the period during which Habitat is obligated to operate the Property in
accordance with the Paragraph 5 above, this Declaration shall terminate and shall no
longer be effective.
[SIGNATURE AND NOTARY PAGE TO FOLLOW]
1605
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
By:', ------
_ Print: Al, A kk4i//ey4.c
Witness Sign. brma Laliberte Title: ,c-. U. /0
Paint _ _
Wit ,eillirwEnat re
Print: REBECCA PARATORE
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and subscribed before me this 17 day of mflee,4 , 2016 by
N t,', i-(C c-a ko cr4z•. (name), ,a-. U is (title), on behalf
of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC, who is personally known to
me or has produced as identification.
WITNESS my hand and official seal this 0 day of /91-..t.-c...4 , 2016.
(affix notarial seal) —.alai
,.��•. R®eQCAPAMATORE (Signature • Notary Public)
a i �*-: MY COMMISSION i FF 025846 � .. . . . .
• r EXPIRES:July 4,2017 Print Name of Notaryu.is
j ,•`' Bonded Thai Notary NW Underrrkere (
. - NOTARY PUBLIC
Serial/Commission:
My Commission Expires:
Approved as to form and legality:
4
'' Q t� k °� ,,
JENNIFER A BELP4TO
Assistant County Attorney
1605
INSTR 5245149 OR 5255 PG 2828
RECORDED 3/29/2016 4:02 PM PAGES 4
DWIGHT E BROCK. CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$35.50
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is made and
entered into on the /7 day of Marc , 2016, by HABITAT FOR HUMANITY OF
COLLIER COUNTY, hereinafter referred to as "Habitat" in favor and for the benefit of Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" for
property legally described as:
Trail Acres Unit 3, Block 3, Lot 9, Section 32, Township 50, Range 26
The aforementioned parcel is hereinafter referred to as the"Property".
The Property is located at 233 Porter Street, Naples, Florida 34113.
WITHESSETH:
1. Habitat agrees to all requirements of the Community Development Block Grant (CDBG)
Program in acceptance of CDBG funding from COUNTY to acquire the Property and the
terms of the Agreement between Collier County and Habitat, as it may be modified,
dated October 1, 2015 ("Agreement").
2. Habitat, its successors or assigns, shall use the Property to meet one of the CDBG
National Objectives for a period of five (5) years commencing on March 14, 2016 (the
"Term") and ending on March 13, 2021. Collier County's Community and Human
Services Division must approve all changes in use of the Property in accordance with
CDBG reversion of assets set forth in 24 CFR 570.503 (b)(7). Upon resale or transfer of
the Property to a qualified buyer, the period of affordability and required use will transfer
to the buyer at the benefit of Collier County and the five year period of affordability starts
when the beneficiary takes occupancy, as that is the date that the CDBG national
Objective would then be achieved.
3. Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported
to the COUNTY at the time of resale to a qualified LMI household and a program
income re-use plan shall be submitted annually to ensure continued compliance. All
Program Income shall be returned to the LMI homebuyer in the form of a principal
reduction in accordance with the SUBRECPIENT Program Income Reuse Plan. Program
Income shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the
operation of the Program.
At the time of sale and upon completion of construction of new home a job cost detail will
be provided to Collier County Community and Human Services for each home. Prior to
the sale of each property, Program Income shall be calculated and submitted to the
County for approval. The subrecipient shall calculate the CDBG investment in each
� |
16 5
property utilizing the job cost detail. The net CDBG investment shall be secured with a
Note and Mortgage to the benefit of the County.
*Example in calculating CDBG homeowner subsidy (for illustration purposes
only):
$58.000 CDBG investment/$80,000 job cost detail = total development cost
($130.000)
$50.Q00/$f3W.000 = .38job cost
$150,000 Sales Price
CDBG subsidy 38% or $57,000 to LMI homebuyer and secured with Note and
Mortgage
4. In the event Habitat fails to use the Property for the purposes expressly set forth herein
or by refanenue. Habitat agrees to repay the acquisition cost to COUNTY or dispose of
the Property in compliance with CDBG requirements, CFR 570.505, in an amount equal
to the fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to, the property.
5. Habitat agrees that until such time as the property transfers to the homebuyer Habitat
shall ensure the property remains in a safe, decent and sanitary condition and the
responsibility upon transfer shall rest with the homeowner. Fudbor, parties agree to
comply with all |ooa|. State and Federal requirements specific to funding sources
attached to this property.
6. COUNTY shall approve in advance such action necessary to allow the transfer,
conveyance, assignment, |aawin8, mortgaging or encumbering of the Property or to
accomplish the acts described above.
7
This Declaration sets forth herein regulating and restricting the use and occupancy of the
Property (i) shall be and are covenants running with the Property, encumbering the
Property for the term of this Declaration, and binding, upon the Recipient's successors in
title and all subsequent owners of the Property, (ii)are not merely personal covenants of
the Recipient, and (iii) shall bind the Recipient and its respective successors and assigns
during the term of this Declaration. All approvals shall be in writing and approved by the
Collier County Board of County Commissioners.
8. Any and all requirements of the laws of the State of Florida to be satisfied in order for the
provisions of this Declaration to constitute deed restrictions and covenants running with
the land shall be deemed to be satisfied in full, and that any requirements or privileges of
estate are intended to be umtiofied, or in the a|temnmUa, that an equitable servitude has
been created to ensure that these restrictions run with the land.
A. The invalidity of any o|aume, part or provision of this Declaration shall not affect the
validity of the remaining portions thereof.
10. COUNTY shall have the right to enforce the tennm, provisions and restrictions of this
Declaration for five year in compliance with the October 01, 2015 CDBG Grant
1605
Agreement and 24 CFR 570, et. seq. Any forbearance on behalf of the COUNTY to
exercise its right of enforcement hereunder shall not be deemed or construed to be a
waiver of either of their rights hereunder.
For the term of this Dec|aration, each and every contract, deed, or other instrument
hereafter executed conveying the property or portion thereof shall expressly provide that
such conveyance is subject to this Declaration, provided, however, that these covenants
contained herein shall survive and be effective regardless of whether such contracts,
deeds or other conveyance instrument is subject to this Declaration.
Upon expiration of the period during which Habitat is obligated to operate the Property in
accordance with the Paragraph 5 above, this Declaration shall terminate and shall no
longer be effective.
[SIGNATURE AND NOTARY PAGE TO FOLLOW]
1605
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
By:
Print: IL),cls eras
W itnessPiftraa i b e rte Title: ,C
Print: ..
Irtr
mob
Witness `I a. re
Print: '? A PARATORE
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to anpl ubscribed before me this 17 day of Aicirt_A , 2016 by
MI/ k / IL)/)Pr (name), .[, (title), on behalf
of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. who is onally known to
me or has produced as identification. --
pers
WITNESS my hand and official seal this t 7 day of nerirc4 , 2016.
(affix notarial seal) 411i
,......,�..�.�� R Clic)
?r;►n':5;t, n9EcCAP*M10
. MY COMMISSION#FF 025646 (Print Name of No ary Public)
EXPIRES:July4,2017 NOTARY PUBLIC"�rn eood.d Th u Nary Pij U 1si,r rs
• • _ • Serial/Commission:
My Commission Expires:
Approved as to form and legality:
JENNIFER A. BELPE
Assistant County Attorney