Agenda 05/24/2016 Item #16D13 Proposed Agenda Changes
Board of County Commissioners Meeting
May 24,2016
Add On Item 10B: To direct the County Attorney to file a motion to intervene and a
motion for rehearing in the case of Liberty Concrete v. BQ Concrete and Dwight Brock,
Clerk of Courts as Garnishee (15-CA-1603) by the May 25,2016 deadline for the reasons
listed under the attached considerations, upon granting of the rehearing to file a motion to
vacate the judgment, and to direct the Clerk to recover the County funds wrongly paid by
him to Liberty Concrete in the above action. (Commissioner Hiller's request)
Move Item 16D4 to Item 11E: Recommendation to approve the acceptance of State
Housing Initiatives Partnership Program FY16/17 allocation in the amount of$2,183,568,
sign the Fiscal Year 2016-2017 Funding Certification and approve the necessary budget
amendment. (Commissioner Fiala's request)
Move Item 16D13 to Item 11F: This item continued from
the May 10, 2016 BCC Meeting. Recommendation to
approve First Amendment to the Subrecipient Agreement
with Habitat for Humanity of Collier County, Inc., to shift
remaining project delivery funds between line items in order
to fully expend remaining awarded funds for acquisition.
There is no net fiscal impact. (Commissioner Fiala's
request)
Add On Item 16E10: Recommendation to extend contract#11-5606 with CenturyLink
"Telecommunications Voice and Data Services." (Staffs request)
Continue Item 16F1 to the June 14,2016 BCC Meeting: Recommendation to award
Invitation to Bid (ITB)#16-6644, for Lake Aeration for Pelican Bay to DeAngelo Brothers,
LLC d/b/a Aquagenix ("Aquagenix") for$97,200 under Project# 50108, "Lake Aeration
for Pelican Bay." (Staff's request)
Item 16J2: That the Board makes a finding that the expenditures contained in this
report serve a valid public purpose and authorizes the Clerk to make disbursement.
5/24/2016 16.D.13.
EXECUTIVE SUMMARY
Recommendation to approve First Amendment to the Subrecipient Agreement with Habitat for
Humanity of Collier County, Inc., to shift remaining project delivery funds between line items in
order to fully expend remaining awarded funds for acquisition. There is no net fiscal impact.
OBJECTIVE: To provide affordable housing to low to moderate income persons in Collier County.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) program funds locally defined needs for programming and
infrastructure. Collier County's CDBG FY2015-2016 Action Plan was approved at the August 11, 2015
In Absentia meeting (Agenda i tem 16D2) and ratified at the regular Board meeting of September
8, 2015, (Agenda i tem 16F1). The Action Plan funded a Scattered Sites Acquisition Project submitted
by Habitat for Humanity of Collier County in the amount of$500,000.
On October 27, 2015, the Board approved the Subrecipient Agreement with Habitat for Humanity of
Collier County to engage in performing the environmental review,closing costs,inspections,purchase of
vacant lots in Collier County and project delivery administrative costs (Agenda item 16D5).
The following table itemizes the changes.
Line Items: Current CDBG Budget Shift Proposed New Budget
Budget request
Scattered Sites $450,000.00 $49,900.00 $499,900.00
Acquisition
Project Delivery $50,000.00 ($49,900.00) $100.00
Total $500,000.00 0 $500,000.00
The effect of this change will enable the County to expend the full award. However, no retainage will be
held back.
This amendment is allowable under this grant. The amendment will not increase or decrease the amount
of grant funds or impact the budget for this project.
FISCAL IMPACT: The proposed actions described in this executive summary have no net fiscal
impact. The funding source for the grant award is the CDBG Grant. The grant award for this program is
$500,000. It is budgeted in the Housing Grants Fund(705)for Project No. 33434.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority
vote for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this Amendment will
further the Goals, Objectives, and Policies with the Housing Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign the First Amendment to the Subrecipient Agreement with Habitat for Humanity of
Collier County, Inc. to shift remaining project delivery funds between line items in order to fully expend
awarded funds.
Prepared by:Rosa Munoz,Grants Coordinator;Community and Human Services Division
Attachments: 1) Amendment #1 Habitat Scattered Sites Acquisition-FINAL; 2) Budget Shift Request
Letter; and 3)FY2015 EXECUTED FINAL Habitat Acquisition Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.13.
Item Summary: Recommendation to approve First Amendment to the Subrecipient
Agreement with Habitat for Humanity of Collier County, Inc.,to shift remaining project delivery
funds between line items in order to fully expend remaining awarded funds for acquisition.
There is no net fiscal impact.
Meeting Date: 5/10/2016
Prepared By
Name: MunozRosa
Title: Grants Coordinator,Community&Human Services
3/24/2016 11:59:08 AM
Submitted by
Title: Grants Coordinator,Community&Human Services
Name:MunozRosa
3/24/2016 11:59:09 AM
Approved By
Name: SonntagKristi
Title:Manager-FederaUState Grants Operation,Community&Human Services
Date: 4/12/2016 10:53:08 AM
Name: AquinoLuqueBlanca
Title:Accountant, Senior,Community&Human Services
Date:4/13/2016 9:19:25 AM
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 4/13/2016 3:19:58 PM
Name: GrantKimberley
Title:Division Director-Cmnty&Human Svc, Community&Human Services
Date: 4/20/2016 9:13:43 PM
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Name: RobinsonErica
Title:Accountant, Senior,Grants Management Office
Date: 4/21/2016 9:36:36 AM
Name: CarnellSteve
Title: Department Head-Public Services,Public Services Department
Date: 4/26/2016 2:58:40 PM
Name: BelpedioJennifer
Title:Assistant County Attorney,CAO General Services
Date:4/26/2016 4:03:36 PM
Name: KlatzkowJeff
Title: County Attorney,
Date:4/28/2016 10:25:15 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date:4/28/2016 6:45:08 PM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date:4/29/2016 4:46:47 PM
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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
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY,INC.
THIS Amendment is entered into this day of 2016, by and between HABITAT FOR HUMANITY
OF COLLIER COUNTY, INC., a private not-for-profit corporation existing under the laws of the State of
Florida, herein after referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred
to as"COUNTY,"collectively stated as the"Parties."
WHEREAS, on October 27, 2015, the COUNTY entered into an Agreement for awarding
Community Development Block Grant Program funds to be used for Scattered Sites Acquisition Project
(hereinafter referred to as the"Agreement");and
WHEREAS,the Parties desire to amend the Agreement to shift remaining project funds between
line items in order to fully expend awarded funds.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties agree
to amend the Agreement as follows:
Words Stuckhrough are deleted; Words Underlined are added
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PART I
SCOPE OF WORK
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Line Items: Current CDBG Budget Shift Proposed New
Budget request Budget
Project Component 1:Scattered Sites $450,000.00 $49,900.00 $499,900.00
Acquisition
Purchase of vacant lots located throughout
Collier County; appraisal, inspections,
survey,environmental and closing costs.
Project Component 2: Project Delivery $50,000.00 ($49,900.00) $100.00
The SUBRECIPIENT will complete program
management and other project compliance
activities conducted by staff or contracted
party.
Total $500,000.00 0 $500,000.00
* * *
E. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Scattered Sites Submission of monthly invoices and At time of aquisition
Acquisition backup as evidenced by HUD
Purchase of vacant lots located 1/invoice/closing documents/deed
throughout Collier County; to also restriction, note, mortgage/banking
include but not limited to those cost documents/Exhibit B and any
associated with the acquisition, additional documentation as
survey, appraisal, inspection and requested
environmental.
There will be no retainage held on this
component
Project Component 2: Project Submission of monthly invoices and Monthly
Delivery: Program management and backup as evidenced by/banking
compliance related activities in documents/time sheets/Exhibit B and
support of project implementation any additional documentation as
performed by in house staff or requested
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contracted 3rd party
10% up to a total of$-5;080 Sf2 will be
withheld from component#2 invoice
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.
* *
SIGNATURE PAGE TO FOLLOW ON NEXT PAGE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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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,CLERK COUNTY, FLORIDA
By:
,Deputy Clerk DONNA FIALA,CHAIRMAN
Approval Date:
HABITAT FOR HUMANITY OF COLLIER COUNTY,INC.
Dated:
(SEAL) By:
Nick Kouloheras,V.P.of Land Development
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
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DeveloPment
April 19, 2016
Executive Committee
Sam Durso,M.D. Rosa Munoz
CEO Grants Coordinator
Rev.Lisa Lefkow Collier County Community and Human Services Department
Executive V.P. 3339 Tamiami Trail East Suite 211
Nick Kouloheras Naples, FL 34112-5361
Executive V.P.
John Cunningham Re: Scattered Site Lot Acquisition—Budget Amendment
Chairman/Treasurer
Mark Goebel Dear Mrs. Munoz,
VP- Operations
Craig Jilk Please let this letter serve as formal request from Habitat for Humanity of Collier
VP Development County for an budget shift to our sub-recipient agreement for the CDBG Scattered
Doug Peterson Site Lot Acquisition Project.
VP-Family Support
5tanard Swihart,M.D. We wish to transfer available funds from our Project Delivery line item budget and
VP-Family Selection place them into our Acquisition line item budget.
L.Michael Mueller We feel that it is a better use of these grant funds is to expend them on lot acquisition
Secretary as opposed to project delivery.
Directors
Douglas L.Rankin,Esq. The chart below details the existing budget categories and line item amounts, as well
Assistant Secretary as what the revised line item amounts should be after the budget shift is approved.
W.Wallace Abbott
Penny Allyn Budget
Rick Deal Amendment Proposed New
Tom Fahey Current CDBG Budget Requested Shift Budget
Gene Frey Acquisition $450,000 $49,900 11% 499,900
Robert Gurnitz Project Delivery $50,000 ($49,900) 99% $100
Bill Hall Total $500,000.00 $500,000.00
Ed Hubbard
Patricia Jilk
Tom Messmore Thank you for your assistance in this matter and continued support of this much
John Paalman needed project. Feel free to contact me at 239-775-0036 if you have any questions
David Pash,Esq. or need any additional information on this issue.
Tom Pollak
Robert Rice Thank you,
Barbara Sill
Alexander Spier
Bill Stephenson Nic ouloheras
Aileen Tostrud Executive Vice President
George Wainscott
Karl Wyss
Hab tat forumanit .
,, a� '' �� � 71145Tamiami Trail East.Naples,FL34113
if Collier County � � � Packet Page-1009--775-0036•Fax:239-775-0477•www.HabitatCollierorg
5/24/2016 16.D.13.
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
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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 thisa1* lay of tO /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#1602)—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 1
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.7941 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
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 investmentj$80,000 job cost detail= total development cost($130,000)
$5o,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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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_m a i n_02.tp I
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 EQ 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
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/pa rt-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.cornelLedu/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.Iawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii
Collier County-
http://bccsp0l/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/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.eov/historvllocal-law/nhoa1966.htm http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tpl=JecfrbrowsejTitle36/36cfr800_main_02.tp1
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/d rug-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=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2
4:3.1.1.3.4.11.1.10&id no=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
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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.cornelLeduicfr/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.corneltedu/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.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/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,CLERK COUNTY4.61.044+43A
By: %*ce
A 5t;-alp C{I;iepisty Clerk TIM NANCE,CHAIRMAN
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Dated: I, L
>71' Nick Kou eras,V.P.of Land Development
Approved as to form and legality:
%-a
Jennifer A. Belpedio
Assistant County Attorney
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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 1s`-December 31g January 10th
January 31g—March 31 sl April 10th
April 1st—June 30`h July 10'h
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.
0 0
Yes No
If no,explain:
3. Since October 1,2015,of the persons assisted,how many....
...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 I 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#8t 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%)
O Battered Spouses 0 Moderate Income(51-80%)
O Persons w/HIV/AIDS 0 Above Moderate Income(>80%)
O Elderly Persons
0 Veterans
O Chronically/Mentally III
O Physically Disabled Adults
O Other-Youth
TOTAL: o 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: 0 TOTAL:HISPANIC o
Name: Signature:
Your Typed name here represents your electronic signature
Title:
Habitat for Humanity
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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 MEM
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)
Habitat for Humanity
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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:
El 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$ ).
El 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$ ).
n 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,
Habitat for Humanity
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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
O 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
O 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
Habitat for Humanity
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