Backup Documents 09/26/2017 Item #11J (TBRA) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO1 j
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Michelle Rubio Community & Human
Services (CHS) Division
2. County Attorney Office County Attorney Office D,0S) 9 IaCo I I)
3. BCC Office Board of County .. -P1—‘4=>,--N'
Commissioners \
�/ a7
4. Minutes and Records Clerk of Court's Office
10102-((9 z .,
Nom
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jody Paley,CHS Phone Number 252-2903
Contact/ Department
Agenda Date Item was F r f2,2> 9 Agenda Item 16D
g g
Approved by the BCC c, ZJ. ,\V Number rit T
Type of Document 2017 HOME Subrecipient Agreement for: < Number of Original 3
Attached a vttieT"eOunty Housing A111117 Documents
—r' b P-p\ Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signatur- 4-41„--,e 0 ✓ JP
2. Does the document need to be sent to another agency for :dditional signatures? If -s, N/A
provide the Contact Information(Name;Agency;Address, 'hone)on an attach-: sheet.
3. Original document has been signed/initialed for legal sufficienc . • 'ments to be JP
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JP
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JP
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JP
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on and all changes made during the _ (,�
meeting have been incorporated in the attaches oc anent. f he County Attorney's
Office has reviewed the changes,if applicable. LL c\\LLAVA
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made, and the document is ready for ' e
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 4p-.)\
11JA
MEMORANDUM
Date: October 3, 2017
To: Jody Paley, Grants Coordinator
Community & Human Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement: Agreement between Collier County and
the Collier County Housing Authority: Tenant Based Rental
Assistance
Attached, please two original copies of the agreement referenced above, (Item #11J)
approved by the Board of County Commissioners on September 26, 2017
The third original will be held in the Minutes and Records Department for the
Board's Official Record.
If you have any questions, please feel free to call me at 252-8406.
Thank you
Attachments
• 11J
FAIN# M-17-UC-12-0217
M-16-UC-12-0217,
M-15-UC-12-0217,
M-14-UC-12-0217 &
M-13-UC-12-2017
Federal Award Date EST 10/2017
Federal Award Agency HUD
CFDA Name Home Investment
Partnerships (HOME)
CFDA/CSFA# 14.239
Total Amount of $513,949
Federal Funds
Awarded
Subrecipient Name Collier County Housing
Authority
DUNS# 040977514
FEIN 59-1490555
R&D No
Indirect Cost Rate No
Period of Performance 10/1/17—'3/31/20
Fiscal Year End 9/30
Monitor End: 6/20
AGREEMENT BETWEEN COLLIER COUNTY
AND
Collier County Housing Authority
Tenant Based Rental Assistance(TBRA)
• -1-'
THIS AGREEMENT is made and entered into this o2,(P day of ,2017 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"COLLIER COUNTY HOUSING
AUTHORITY" a quasi-governmental agency established by Florida Statute 421 existing under the laws
of the State of Florida,having its principal office at 1800 Farm Workers Way,Immokalee,FL 34142.
WHEREAS,the COUNTY is the recipient of HOME Investment Partnerships (HOME)Program
funds from the United States Department of Housing and Urban Development(HUD) as provided by the
Cranston-Gonzalez National Affordable Housing Act,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 2017-2018 for the HOME Program on
June 27,2017-Agenda Item 16.D.14;and
WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for
Collier County Housing Authority
HM17-13 IDIS#570
Tenant Based Rental Assistance(TBRA) Page 1
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Federal Fiscal Year 2017-2018 for the HOME Program and the use of the HOME funds for the activities
identified in the Plan; and
WHEREAS,the COUNTY and the SUBRECIPIENT desire to provide the activities specified in
this Agreement, in accord with the approved One-Year Action Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW,THEREFORE,in consideration of the mutual covenants and obligations herein contained,
the Parties agree as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing HOME funds, as determined by Collier County Community
&Human Services(CHS),perform the tasks necessary to conduct the program as follows:
CHS,as an administrator of the HOME program,will make available HOME funds up to the gross
amount of $513,949 to COLLIER COUNTY HOUSING AUTHORITY to fund the Tenant
Based Rental Assistance(TBRA)Program to provide low and moderate income households with
rent, security deposits, and utility deposits for a period up to two(2)years. The maximum amount
of funds for the security deposit may not exceed two months' rent for the unit and can only be
applied for by the tenant.
A written agreement regarding the terms and conditions of the security deposit must be maintained
by the SUBRECIPIENT for review by Community and Human Services (CHS) staff. The utility
deposit assistance may be provided in conjunction with a security depost and/or monthly rental
assistance. The utility deposit assistance may be used only for utilities permitted under the Section
8 utility allowance.
1.1 SPECIAL GRANT CONDITIONS
A. Within sixty(60)calendar days of the execution of this agreement,the SUBRECIPIENT must
deliver to CHS for approval detailed tenant selection policies and criteria.
B. The following resolutions and policies must be adopted by the SUBRECIPIENT's governing
body within thirty(30)days of conveyance:
• 1. Affirmative Fair Housing Policy
® 2. Marketing Plan
• 3. Affirmative Action/Equal Opportunity Policy
• 4. Conflict of Interest
• 5. Sexual Harassment Policy
Collier County Housing Authority
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1. Maintain documentation on all households served, in compliance with 24 CFR
92.508.
2. Provide Quarterly reports on project status and meeting an eligible activity.
3. Required attendence by the CEO, CFO, or Executive Director at each Quarterly
Partnership Meeting.
B. Income Requirements
Income requirements for tenant based rental assistance under this agreement shall comply with
24 CFR 92.216,with annual income for 90%of the tenants served at or below 60%of the HUD
established median family income for Collier County, as adjusted for family size, at the time
of occupancy or the time funds are invested,whichever is later.The remaining 10%of tenants
served may be up to 80% of the HUD established mediam family income for Collier County,
as adjusted. Income elgibility of tenants will be validated during interim montiroing and at
close out.
C. Project Outcome
The HOME Tenant Based Rental Assistance project will serve approximately 34 households
with Rent Payments, electric utility and/or security deposits
1. 50%of eligible applicants receive eligible housing within three(3)months of approval,
based on availability of funds,and housing.
2. 10% of program participants who have participated in the program for 13 months or
longer maintain or gain employment, as evidenced by pay stubs or tax returns.
3. 5% of program participants who have participated in the program for 13 months or
longer will have a decrease in rental subsidy.
D. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies as stated in this Within thirty (60) days of
Policies (Section 1.1) agreement Agreement Execution
HOME Match Requirement In the event the N/A
Match provided by Collier SUBRECIPIENT has
County Documentaton of Match
HQS Inspections Inspection Form Prior to Occupancy and
annually thereafter.
Insurance Insurance Certificate Exhibit Within thirty (30) days of
A agreement execution and
within thirty (30) days of
Collier County Housing Authority
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Tenant Based Rental Assistance(TBRA) Page 4
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renewal
Income Documentation Exhibit D Maintained in Subrecipient
client file & validated at
Interim and Close-Out
Monitoring
Submission of Progress Exhibit C Quarterly
Report
Financial and Compliance Exhibit E Annually nine (9) months for
Audit Single Audit OR one hundred
eighty (180) days after FY
end
E. Payment Deliverables
The Following Table Details the Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Project Component One: Submission of supporting Submission of monthly
Funding costs will include but documents must be provided as invoices
not limited to the following backup as evidenced by
expenses: Rent Payments, timesheets, payment Exhibit,
electric utility deposits, and/or banking documents, and any
security deposits additional documents as
needed.
Project Component Two:
Project Delivery Payroll register, timesheets, Submission of monthly
bank statements, Invoice invoices
Exhibit
F. Project Location
1. The tenant can chose the neighborhood they want to live in,
2. Choose the type of housing and specific housing unit,and
3. Move to other housing, as needed. TBRA funds can be used outside Collier County in
event Fair Market Rents or unit size is not available in Collier County.
1.3 PERIOD OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the October 1, 2017 and shall end on March 31,
2020. The term of this Agreement and the provisions herein may be extended by amendment to
cover any additional time period during which the SUBRECIPIENT remains in control of HOME
funds or other HOME assets, including program income.
Collier County Housing Authority
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Tenant Based Rental Assistance(TBRA) Page 5
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However,no program costs can be incurred until an environmental review of the proposed project
is completed, and approved by HUD. Further,the Subrecipient will not undertake any activity or
commit any funds prior to the HUD environmental clearance of funds and a CHS Notice to Proceed
(NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds
under this Agreement.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED THIRTEEN THOUSAND NINE
HUNDRED FORTY NINE DOLLARS AND NO CENTS ($513,949.00) for use by the
SUBRECIPIENT, during the Term of the Agreement (hereinafter, shall be referred to as the
"Funds").
Modifications to the "Budget and Scope" may only be made, if approved in advance, by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10%
and does not signify a change in scope. Fund shifts that exceed 10%between project components
shall only be made with board approval.
Match Pursuant 24 CFR 92.218
Match is required for HOME funds. COLLIER COUNTY to provide match funds when match is
identified by the Subrecipient as an eligible source, such as contributions to housing activities that
qualify as affordable housing under the HOME program throughout a fiscal year
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of HOME funds until funds are needed for the
payment of eligible costs, and all disbursement requests must be limited to the amount needed at
the time of the request. However, 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.
Final invoices are due no later than 90 days after the end of the agreement, with the exception of
retainage which may be held beyond the end date of the agreement until all deliverables are
met. Work performed during the term of the program but not invoiced within 90 days, without
written exception from the Grant Coordinator,will not be reimbursed.
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.
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
Collier County Housing Authority
HM17-13 IDIS#570
Tenant Based Rental Assistance(TBRA) Page 6
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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 can 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 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in
compliance with 2 CFR Subpart E-Cost Principles.The SUBRECIPIENT will use adequate internal
controls, and maintain necessary source documentation for all costs incurred and adhere to any
other accounting requirements included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier,or 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 ATTENTION: Grant Coordinator
COUNTY
Collier County Government
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email:
Telephone: (239) 252-2273
SUBRECIPIENT ATTENTION: Oscar Hentschel,Executive Director
Collier County Housing Authority
1800 Farm Worker Way
Naples, Florida 34112
Email: ohentschel@cchafl.org
Telephone: (239) 657-3649
Collier County Housing Authority
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Tenant Based Rental Assistance(TBRA) Page 7
PART
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.
During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report
(Exhibit E) to the COUNTY no later nine (9) months after the Single Audit (or one hundred
eighty(180)days for Subrecipients exempt from Single Audit),after the Subrecipient's fiscal year
end. The COUNTY will conduct an annual financial and programmatic review.
Any deficiencies notedin audit reports must be fully cleared by the 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 and 2 CI,R 200.501.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 92.508 to
determine compliance with the requirements of this Agreement,the HOME Program and all other
applicable laws and regulations. This documentation shall include, but not be limited to, the
following:
A. All records required by HOME regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed,prepared,assembled,or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the
SUBRECIPIENT at any time upon request by the COUNTY or CHS.Materials identified
in the previous sentence shall be in accordance with generally accepted accounting
principles (GAAP), procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this Agreement,
including matching funds and Program Income. These records shall be maintained to the
extent of such detail as will properly reflect all net costs,direct and indirect labor,materials,
equipment, supplies and services, and other costs and expenses of whatever nature for
which reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement,copies of all documents
Collier County Housing Authority
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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 fmdings 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 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.
F. 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 Chapter 119,Florida Statutes 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
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,they may
impose a reasonable monitoring charge. Fees are based on average staff time and costs of materials.
Ongoing monitoring fees may be included in the project underwriting. Also, 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.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards, as stated, with all
other applicable laws,regulations,and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. 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
Collier County Housing Authority
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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 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish,maintain and utilize internal systems and procedures sufficient to
prevent,detect and correct incidents of waste,fraud and abuse in the performance of this Agreement
and to provide for the proper and effective management of all Program and Fiscal activities of the
Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant
events are to be clearly documented, and the documentation shall be readily available for
monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents
for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent
waste, fraud and abuse. SUBRECIPIENT may not discriminate against any employee or other
person who reports a violation of the terms of this Agreement or of any law or regulation to the
COUNTY or to any appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No.2013-228,Community&Human Services
Division (CHS) has adopted an escalation policy to ensure continued compliance by recipients,
SUBRECIPIENTS, 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.
o Any pay requests that have been submitted to the Division for payment will be held, until
the corrective action plan has been submitted.
o 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 a SUBRECIPIENT 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.
o 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.
Collier County Housing Authority
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o The SUBRECIPIENT may be considered in violation of Resolution No. 2013-228.
3. If in the case a SUBRECIPIENT 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 portion of the awarded grant
amount or the amount of the HOME investment for acquisition of the properties conveyed,be
returned to the Division.
o 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.
o The SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
4. If in the case after repeated notification the SUBRECIPIENT continues to be substantially non-
compliant,the Division may recommend the contract or award be terminated.
o The Division will make a recommendation to the Board of County Commissioners to
immediately terminate the agreement or contract. The SUBRECIPIENT will be required
to repay all funds disbursed by the County for the project that was terminated.This includes
the amount invested by the County for the initial acquisition of the properties or other
activities.
o The SUBRECIPIENT will be considered in violation of Resolution No.2013-228
If in the case the SUBRECIPIENT has multiple agreements with the Division and is found to be
non-compliant,the above sanctions may be imposed across all awards,at the County's discretion.
2.6 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 agreles to include, a comprehensive
fmal 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 their 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.
Collier County Housing Authority
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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 92 (the U. S Housing and Urban Development regulations concerning HOME
Investment Partnerships Program Grants(HOME),including subpart H of these regulations,except
that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities
described in 24 CFR 93.352 and (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR 92.357. The
SUBRECIPIENT also agrees to comply with all other applicable 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 and an employer/employee
relationship will not be created.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the Grantee's governing
body. Such amendments shall not invalidate this Agreement,nor relieve or release the Grantee or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State or
Local governmental guidelines, policies and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be incorporated only
by written amendment, signed by both Grantee and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time
period,the COUNTY Manager or designee may, subject to HOME program requirements,grant a
Collier County Housing Authority
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cumulative time extension of no more than 180 days and modify any subsequent project work plans
to reflect the extension.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HOME 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 HOME funds pertaining to this Agreement. In the event
of curtailment or non-production of said federal funds,the fmancial 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
thereon. This Indemnification shall survive the termination and/or expiration of this Agreement.
This section does not pertain to any incident arising from the sole negligence of Collier County.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of
termination of this agreement.
3.7 GRANTEE RECOGNITION/SPONSORSIE PS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements,descriptions of the sponsorships of the Program,research reports and similar public
notices,whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf
of, and/or about the Program shall include the statement:
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"FINANCED IN PART 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.
3.8 DEFAULTS,REMEDIES AND TERMINATION
In accordance with 2 CFR 200.339, 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;
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;
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C. Require immediate repayment by SUBRECIPIENT to the County of all HOME funds
SUBRECIPIENT has received under this Agreement;
D. Apply sanctions set forth in 24 CFR 92,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, or upon expiration of the 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 HOME funds.
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, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2
CFR 200.311 and as otherwise provided at 24 CFR 92.504(c)(2)(vii).
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all insurance required under this Section and outlined in Exhibit "A" and 2 CFR 200.310,has been
obtained,and carried,at all times, during SUBRECIPIENT'S performance under the agreement.
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 for Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
HOME funds(24 CFR 92 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 Verbal Quote
$3,000 - $10,000 3 Verbal Quotes
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$10,000 - $50,000 3 Written Quotes
$50,000+ Bids, Proposals, Contracts (ITB, RFP, etc)
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, qualified, responsible and responsive
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.
3.13 PROGRAM-GENERATED INCOME
No Program Income is anticipated. In the event there is Program Income derived from the use of
HOME funds disbursed under this agreement, such Program Income shall be retained by the
SUBRECIPIENT for use in the HOME Program.Any"Program Income"(as such term is defined
under applicable Federal regulations)gained from any activity of the SUBRECIPIENT funded by
HOME funds shall be reported to the COUNTY through an annual program income re-use plan,
utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and
24 CFR 92.503(a),in the operation of the Program.In the event there is a program income balance
at the end of the Program Year,such balance shall revert to the COUNTY's HOME Grant Program,
for further reallocation.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed.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 Section 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.
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.
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To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.The SUBRECIPIENT shall comply with Section
3 of the Housing and Community Development Act of 1968.
3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business
enterprises,and women's business enterprises the maximum practicable opportunity to participate
in the performance of this contract. As used in this contract, the terms "small business"means a
business that meets the criteria set forth in section 3(a)of the Small Business Act,as amended(15
U.S.C. 632), and "minority and women's business enterprise"means a business at least fifty-one
(51)percent owned and controlled by minority group members or women.For the purpose of this
defmition, "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
HOME Program TBRA funding is limited to low income households(below 80%of Area Medium
Income (AMI)). However, HUD has further targeted very low income households (at or below
60%of AMI),per 24 CFR 92.216(a).As such,90%of eligible households receiving TBRA funding
under this agreement must be at or below 60% of AMI and 10% of eligible households may have
a household income of up to 80% of AMI, adjusted for family size. The length of assistance must
be for at least one year and may not exceed two years,per 24 CFR 92.209(e).
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.
3.19 FEES
The SUBRECIPIENT agrees that it shall not charge servicing, origination or other fees for the
purpose of covering costs of administering the HOME program, except as permitted by 24 CFR
92.214(b)(1).
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3.20 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 92.356(f)"Conflict of Interest",2 CFR 200.318,
and the State and County statutes, regulations, ordinance or resolutions governing conflicts of
interest.
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 section shall be interpreted in such a
manner so as not to unreasonably impede the statutory requirement that maximum opportunity be
provided for employment of and participation of low and moderate income residents of the project
target area.
3.21 RELIGIOUS ORGANIZATIONS
HOME funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 92.257. 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 defmition, practice and expression of its religious beliefs,
provided that it does not use direct HOME 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,HOME funds may not exceed the cost
of those portions of the acquisition,construction or rehabilitation that are attributable to eligible
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activities in accordance with the cost accounting requirements applicable to HOME funds in
this part. Sanctuaries,chapels,or other rooms that a HOME funded religious congregation uses
as its principal place of worship,however, are ineligible for HOME funded improvements.
3.22 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.
3.23 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
•
4.1 24 CFR 92 as amended-All the regulations regarding the HOME program
http://www.ecfr.gov/cgi-bin/text-
idx?SID=c6cee34b7aab 1 a869c49c1091 cf69e98&node=24:1.1.1.1.41&rgn=div5
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr58 main 02.tpl
4.3 Title II of the Cranston-Gonzalez National Affordable Housing Act(42 U.S.C. 12701 et seq.).
Regulations at 24 CFR part 92.
4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act. http://www.hud.gov/offices/Theo/library/huddojstatement.pdf
E.O. 11063 —Equal Opportunity in Housing
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal opp/FHLaws/EX
011063
E.O. 11259-Leadership &Coordination of Fair Housing in Federal Programs
http://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107-Non Discrimination and Equal Opportunity in Housing under E.O.
http://www.law.cornell.edulcfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as
amended
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal opp/progdesc/titl
e8
4.6 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. E0 11246:
http://wvvw.eeoc.govieeoc/history/35th/thelaw/eo-11246.html
E0 11375 and 12086: see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC § 2000e,et. seq. The SUBRECIPIENT will,in all solicitations or advertisements
for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal
Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm
4.9 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
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11063:http://portal.hud.gov/hudportal/HUD?src=/pro ram_offices/fair_housing equal_opp/FHLa
ws/EXO11063
11246: http://www.eeoc.govieeoc/history/35th/thelaw/eo-11246.html
11375:Amended by EO 11478
11478:http://www.archives.gov/federal-register/codification/executive-order/11478.html
12107:http://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html
4.10 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 92.251
Section 504:http://www.epa.gov/civilrights/sec504.htm
29 USC 776: http://law.onecle.com/uscode/29/776.html
4.11 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm
4.12 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
http://www.fhwa.dot.gov/realestate/ua/index.htm
•
4.13 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations, and executive orders referenced in 24 CFR 5 Subpart
A, as revised by Executive Order 13279.
http://www.mbda.gov/node/333
4.14 Public Law 100-430-the Fair Housing Amendments Act of 1988.
http://www.ncbi.nlm.nih.gov/pubmed/12289709
4.15 2 CFR 200 et seq—Uniform Administrative Requirements,Cost Principles, and Audit
requirements for Grants and Agreements.
https:/Iwww.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.16 Immigration Reform and Control Act of 1986
http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.17 Prohibition Of Gifts To County Employees-No organization or individual shall offer or give,
either directly or indirectly,any favor, gift, loan,fee, service or other item of value to any County
employee,as set forth in Chapter 112,Part III,Florida Statutes,Collier County Ethics Ordinance
No. 2004-05, as amended,and County Administrative Procedure 5311.Florida Statutes-
http://www.lawserver.com/law/state/florida/statutes/florida_statutes chapter 112 part
Collier County-
http://bccspO 1/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1%20
Standards%20of%20Conduct.pdf
4.18 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
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resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.19 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).
4.20 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,20th Judicial Court 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 RELA LED TO, OR ARISING OUT OF,THIS AGREEMENT.
http://www.flsenate.gov/Laws/Statutes/2010/44.102
4.21 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
4.22 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 58),the SUBRECIPIENT shall assure that for activities located in an area identified
by FEMA as having special flood hazards,flood insurance under the National Flood Insurance
Program is obtained and maintained. If appropriate,a letter of map amendment(LOMA)may be
obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood
insurance. http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3.1.1.
3.4.11.1.6&idno=24
4.23 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
http://www.nps.gov/history/local-law/nhpa1966.htm
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title36/36efr800 main 02.tpl
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In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state or local historic property list. http://www.nps.gov/history/local-
law/nhpal966.htm
4.24 The SUBRECIPIENT certifies that it will provide drug-free workplaces, in accordance with the
Drug-Free Workplace Act of 1988 (41 USC 701).
http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242 870
4.25 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 5 Subpart A and 24 CFR 92.350.
4.26 The SUBRECIPIENT agrees to comply with 2 CFR 200 et seq, and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.These requirements are enumerated
in 2 CFR 200,et seq.
4.27 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be
submitted to the County nine(9)months after the end of the SUBRECIPIENT's fiscal year.
The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the Subrecipients fiscal
year. Per 2 CFR 200.344,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.
haps://www.ecfr.gov/cgi-b in/text-
idx?SID=5 a78addefff9a53 5 e83 fed3 010308aef&mc=true&node=se2.1.200 1344&rgn=div8
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.comell.edu/cfr/text/24/92.206
4.28 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 HOME 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 HOME funds in excess of$25,000,must adhere to the HOME Regulations at
24 CFR 92.353.
http://www.fhwa.dot.gov/realestate/ua/index.htm
http://www.law.cornell.edu/cfr/text/49/24.101
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4.29 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 the awarding of any Federal contract,the making of any Federal grant,the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying",in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.30 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem
rates in effect at the time of travel.
4.31 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24 part5_subpartA section5.106
4.32 Housing Counseling, including homeownership counseling or rental housing counseling ,
as defined in§5.100,required under or provided in connection with any program administered by
HUD shall be provided only by organizations and counselors certified by the Secretary under
24 CFR part 214 to provide housing counseling,consistent with 12 U.S.C. 1701x, per
24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.cornell.edu/cfr/text/24/5.111
4.33 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
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4.34 Any rule or regulation determined to be applicable by HUD.
4.35 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
4.36 Florida Statutes 119.021 Records Retention
http://www.lawserver.com/law/state/florida/statutes/florida statutes 119-021
4.37 Florida Statutes, 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Di splay_Statute&URL=0100-
0199/0119/Sections/0119.07.html
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PART V
HOME Requirements
5.1 Project Requirements for SUBRECIPIENTS-24 CFR 92.209
The SUBRECIPIENT is required to conform to the following requirements and regulations as
stated below:
24 CFR 92.209 Tenant-based rental assistance:Eligible costs and requirements.
(a) Eligible costs. Eligible costs are the rental assistance and security deposit payments made
to provide tenant-based rental assistance for a family pursuant to this section. Eligible
costs also include utility deposit assistance, but only if this assistance is provided with
tenant-based rental assistance or security deposit payment.Administration of tenant-based
rental assistance is eligible only under general management oversight and coordination at
§92.207(a), except that the costs of inspecting the housing and determining the income
eligibility of the family are eligible as costs of the tenant-based rental assistance.
(b) Tenant selection. The Subrecipient must select low-income families in accordance with
written tenant selection policies and criteria that are based on local housing needs and
priorities established in the participating jurisdiction's consolidated plan.
(1) Low-income families. Tenant-based rental assistance may only be provided to very
low- and low-income families. The Subrecipient must determine that the family is
very low- or low-income before the assistance is provided. During the period of
assistance,the Subrecipient must annually determine that the family continues to be
low-income. The Subrecipient shall retain all documentation on client eligibility
by which the CHS GCU can validate elgibility during their interim and closeout
monitoring.
(2) Targeted assistance.
(i) The Subrecipient may establish a preference for individuals with special
needs (e.g., homeless persons or elderly persons) or persons with
disabilities.The Subrecipient may offer,in conjunction with a tenant-based
rental assistance program, particular types of nonmandatory services that
may be most appropriate for persons with a special need or a particular
disability.Generally,tenant-based rental assistance and the related services
should be made available to all persons with special needs or disabilities
who can benefit from such services.Participation may be limited to persons
with a specific disability if necessary to provide as effective housing, aid,
benefit, or services as those provided to others in accordance with 24 CFR
8.4(b)(l)(iv).
(ii) The Subrecipient may also provide a preference for a specific category of
individuals with disabilities (e.g., persons with HIV/AIDS or chronic
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mental illness) if the specific category is identified in the participating
jurisdiction's consolidated plan as having unmet need and the preference is
needed to narrow the gap in benefits and services received by such persons.
(iii) Self-sufficiency program. The Subrecipient may require the family to
participate in a self- sufficiency program as a condition of selection for
assistance. The family's failure to continue participation in the self-
sufficiency program is not a basis for terminating the assistance;however,
renewal of the assistance may be conditioned on participation in the
program. Tenants living in a HOME- assisted rental project who receive
tenant-based rental assistance as relocation assistance must not be required
to participate in a self- sufficiency program as a condition of receiving
assistance.
(iv)Preferences cannot be administered in a manner that limits the opportunities
of persons on any basis prohibited by the laws listed under 24 CFR
5.105(a).For example,a subrecipient may not determine that persons given
a preference under the program are therefore prohibited from applying for
or participating in other programs or forms of assistance. Persons who are
eligible for a preference must have the opportunity to participate in all
programs of the County, including programs that are not separate or
different.
(3) Existing tenants in the HOME-assisted projects. A Subrecipient may select low-
income families currently residing in housing units that are designated for
rehabilitation or acquisition under the participating jurisdiction's HOME program.
Subrecipient using HOME funds for tenant-based rental assistance programs may
establish local preferences for the provision of this assistance.Families so selected
may use the tenant-based assistance in the rehabilitated or acquired housing unit or
in other qualified housing.
(c) Term of rental assistance contract. The term of the rental assistance contract providing
assistance with HOME funds may not exceed 24 months,but may be renewed,subject to
the availability of HOME funds.The term of the rental assistance contract must begin on
the first day of the term of the lease. For a rental assistance contract between a
Subrecipient and an owner,the term of the contract must terminate on termination of the
lease.For a rental assistance contract between a Subrecipient and a family,the term of the
contract need not end on termination of the lease, but no payments may be made after
termination of the lease until a family enters into a new lease.
(d) Rent reasonableness. The Subrecipient must disapprove a lease if the rent is not
reasonable,based on rents that are charged for comparable unassisted rental units.
(e) Tenant protections. The tenant must have a lease that complies with the requirements in
§92.253 (a)and(b).
(f) Maximum subsidy.
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(1) The amount of the monthly assistance that Subrecipient may pay on behalf of a
family may not exceed thedifference between a rent standard for the unit size
established by the County and 30 percent of the family's monthly adjusted income.
(2) The Subrecipient must establish a minimum tenant contribution to rent.
(3) The Subrecipient's rent standard for a unit size must be based on:
Local market conditions; or
The Section 8 Housing Choice Voucher Program(24 CFR part 982).
(g) Housing quality standards. Housing occupied by a family receiving tenant-based
assistance under this section must meet the requirements set forth in 24 CFR 982.401.The
Subrecipient must have housing units inspected by a certified HQS inspector initially and
re-inspected annually. The Subrecipient may not perform HQS inspections on housing
units it owns or operates.
(h) Security deposits.
(1) Subrecipient may use HOME funds provided for tenant-based rental assistance to
provide grants to very low-and low-income families for security deposits for rental
of dwelling units when combined with rent under this section.
(2) The relevant State or local defmition of"security deposit"in the jurisdiction where
the unit is located is applicable for the purposes of this part, except that the amount
of HOME funds that may be provided for a security deposit may not exceed the
equivalent of two month's rent for the unit.
(3) Only the prospective tenant may apply for HOME security deposit assistance,
although the Subrecipient will pay the funds directly to the landlord.
(i) Program operation.A tenant-based rental assistance program must be operated consistent
with the requirements of this section. Additionally,the County must approve each lease
prior to its execution.
(j) Use of Section 8 assistance. In any case where assistance under Section 8 of the 1937 Act
becomes available,recipients of tenant-based rental assistance under this part will qualify
for tenant selection preferences to the same extent as when they received the HOME
tenant-based rental assistance under this part.
5.2 Project Requirements for SUBRECIPIENTS-24 CFR 92.253
The SUBRECIPIENT is required to conform to the following requirements and regulations as
stated below:
24 CFR 92.253 Tenant protections and selection.
(a) Lease. There must be a written lease between the tenant and the owner of rental housing
assisted with HOME funds that is for a period of not less than 1 year, unless by mutual
agreement between the tenant and the owner a shorter period is specified. The lease must
incorporate the VAWA lease term/addendum required under § 92.359(e), except as
otherwise provided by § 92.359(b)
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(b) Prohibited lease terms.The lease may not contain any of the following provisions:
1.Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a
judgment in favor of the owner in a lawsuit brought in connection with the lease;
2.Treatment of property. Agreement by the tenant that the owner may take, hold, or sell
personal property of household members without notice to the tenant and a court decision
on the rights of the parties.This prohibition,however,does not apply to an agreement by
the tenant concerning disposition of personal property remaining in the housing unit after
the tenant has moved out of the unit.The owner may dispose of this personal property in
accordance with State law;
3.Excusing owner from responsibility. Agreement by the tenant not to hold the owner or
the owner's agents legally responsible for any action or failure to act,whether intentional
or negligent;
4.Waiver of notice.Agreement of the tenant that the owner may institute a lawsuit without
notice to the tenant;
5.Waiver of legal proceedings.Agreement by the tenant that the owner may evict the tenant
or household members without instituting a civil court proceeding in which the tenant
has the opportunity to present a defense, or before a court decision on the rights of the •
parties;
6..Waiver of a jury trial.Agreement by the tenant to waive any right to a trial by jury;
7.Waiver of right to appeal court decision. Agreement by the tenant to waive the tenant's
right to appeal,or to otherwise challenge in court,a court decision in connection with the
lease;
8.Tenant chargeable with cost of legal actions regardless of outcome. Agreement by the
tenant to pay attorney's fees or other legal costs even if the tenant wins in a court
proceeding by the owner against the tenant. The tenant, however, may be obligated to
pay costs if the tenant loses; and
9.Mandatory supportive services.Agreement by the tenant(other than a tenant in
transitional housing)to accept supportive services that are offered.
(c) Termination of tenancy. An owner may not terminate the tenancy or refuse to renew the
lease of a tenant of rental housing assisted with HOME funds,except for serious or repeated
violation of the terms and conditions of the lease; for violation of applicable Federal, State,
or local law;for completion of the tenancy period for transitional housing or failure to follow
any required transitional housing supportive services plan; or for other good cause. Good
cause does not include an increase in the tenant's income or refusal of the tenant to purchase
the housing. To terminate or refuse to renew tenancy, the owner must serve written notice
upon the tenant specifying the grounds for the action at least 30 days before the termination
of tenancy.
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(d) Tenant selection.An owner of rental housing assisted with HOME funds must comply with
the affirmative marketing requirements established by the participating jurisdiction pursuant
to § 92.351(a). The owner must adopt and follow written tenant selection policies and
criteria that:
1.Limit the housing to very low-income and low-income families;as evidenced by income
vertified documentaton prior to occupancy and annually thereafter to be retained in the
SUBRECIPIENT client file and validated by the county's Grant Compliance Unit at the
• interim and close out monitoring.
2. Are reasonably related to the applicants' ability to perform the obligations of the lease
(i.e.,to pay the rent,not to damage the housing;not to interfere with the rights and quiet
enjoyment of other tenants);
3.Limit eligibility or give a preference to a particular segment of the population if
permitted in its written agreement with the participating jurisdiction (and only if the
limitation or preference is described in the participating jurisdiction's consolidated plan).
(i) Any limitation or preference must not violate nondiscrimination requirements
in § 92.350. A limitation or preference does not violate nondiscrimination
requirements if the housing also receives funding from a Federal program that
limits eligibility to a particular segment of the population (e.g., the Housing
Opportunity for Persons with AIDS program under 24 CFR part 574, the Shelter
Plus Care program under 24 CFR part 582,the Supportive Housing program under
24 CFR part 583, supportive housing for the elderly or persons with disabilities
under 24 CFR part 891),and the limit or preference is tailored to serve that segment
of the population.
(ii) If a project does not receive funding from a Federal program that limits
eligibility to a particular segment of the population, the project may have a
limitation or preference for persons with disabilities who need services offered at
a project only if:
(A) The limitation or preference is limited to the population of families
(including individuals) with disabilities that significantly interfere with
their ability to obtain and maintain housing;
(B) Such families will not be able to obtain or maintain themselves in
housing without appropriate supportive services; and
(C) Such services cannot be provided in a nonsegregated setting. The
families must not be required to accept the services offered at the project.
In advertising the project,the owner may advertise the project as offering
services for a particular type of disability; however, the project must be
open to all otherwise eligible persons with disabilities who may benefit
from the services provided in the project.
4. Do not exclude an applicant with a certificate or voucher under the Section 8 Tenant-
Based Assistance:Housing Choice Voucher Program(24 CFR part 982)or an applicant
participating in a HOME tenant-based rental assistance program because of the status of
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the prospective tenant as a holder of such certificate, voucher, or comparable HOME
tenant-based assistance document.
5.Provide for the selection of tenants from a written waiting list in the chronological order
of their application, insofar as is practicable;
6.Give prompt written notification to any rejected applicant of the grounds for any
rejection; and
7.Comply with the VAWA requirements prescribed in § 92.359.
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
DWIGHT E. BROCK, CLERK OF CO I UNTY,FLORIDA
1 10 — A . By:
`.►
Attot as t0 ' ' ty Clerk
PENNYT- ' OR, CH• i' �N
cions++1rq only.
,X" '4? Date: c;i\2b\
10- �� Collier County Housing Authority
Dated:
(SEAL)
By:
Oscar Hentschel,Executive Director
i
Date: �' 2, 4j` 4
Approved as to form and legality:
Jennifer . Belpedio 0 *--4)4Assistant County Attorney �"N
Date: C\ \oZ°\\\i
item#
Agenda ei
Date Date
-
Date ‘0..-Z--l
Rec'd
Deputy Cler Com—iffy\\J�e/Y
�,J K
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PART VI
EXHIBITS
EXHIBIT"A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,do Community&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:
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
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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
Subrecipient Name:
Subrecipient Address:
Project Name:
Project No: Payment Request#
Total Payment Minus Retainage NA
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
1.Grant Amount Awarded $
2.Sum of Past Claims Submitted on this Account $
3.Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account $
4.Amount of Today's Request $
5.10%Retainage Amount Withheld NA
6.Current Grant Balance (Initial Grant Amount Award
• . request)(includes Retainage) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
(Approval required$15,000 and above) (Approval Required$15,000 and
aboveove)
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EXHIBIT "C"
Tenant Based Rental Assistance Quarterly Report
Agency Name: Date:
Project Title:
Program Contact:
Telephone Number: IDIS#
Activity Reporting Period Report Due date
October 1-December 31 January 10th
January 1-March 31 April 10th
April 1-June 30 . July 10th
July 1-September 30 October 10th
(Check on that applies to the corresponding grant period)
Report for Quarter ending: 12/31/17 03/31/2018 06/30/18 09/30/2018
Please take note:The HOME Program year begins October 1,2017-September 30,2018.Each quarterly report needs
to include cumulative data beginning from the start of the program year beginning October 1,2017.
(1) Please list the outcome goals(s)from your approved application&subrecipient agreement and indicate
your progress un meeting those goals.
A. Outcome Goals:list the octcome goal(s)from your approved application and/or subrecipient agreement
Outcome 1:
Outcome 2:
Outcome 3:
B. Goal Progress:Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
Monthly Rent Household Tenant Contract
%of Paid to Newly #Months
Last Name, #of Security Tenant TBRA Median Hispanic Family Type of Owner/Ten Assisted of
First Initial Bedrooms Dep Rent Subsidy Total Rent Income Y/N Race Size Household ant Y/N assistance
$ -
$
$ -
$ -
$
$ -
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EXHIBIT "D"
INCOME CERTIFICATION
INSTRUCTIONS
Retain completed form, including appropriate supporting documentation, to be validated by CHS at the
interim and close out monitoring.
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
Income
Member Asset Description Cash Value from
Assets
1
2
3
4
5
6
7
8
Total Cash Value of Assets B(a)
Total Income from Assets B(b)
If line B(a)is greater than$5,000,multiply that amount by the rate specified
by HUD(applicable rate .06%)and enter results in B(c), otherwise leave
blank. B(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of
Minors
Member Wages/ Benefits/ Public Other
Salaries Pensions Assistance Income
(include tips,
commissions, Asset
bonuses,and Income
overtime)
1 — (Enter the
2 greater of
box B(b)or
3
box B(c),
4 above, in
5 box C(e)
6 below)
7
8
Totals (a) (b) (c) (d) (e)
Enter total of items C(a)through C(e).
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. Uwe have provided, for each person set forth in Item A, acceptable verification of
current and anticipated annual income. Uwe 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. HOME 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 HOME.
The family or individual(s)constitute(s) a:
Extremely-Low Income(ELI)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$ ).
Very Low-Income (VLI) 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.
Depaitlnent of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
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$ ).
Based upon the (year)income limits for the Naples-Marco Island Metropolitan Statistical
Area(MSA) of Collier County, Florida.
Signature of the HOME TBRA 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 Othe 0— 26— 41— 62+
Indian Other Pac. r 25 40 61
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use
only. No occupant 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 an occupant.
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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 Subrecipient Name
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
111 ❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited fmancial statement is attached and if applicable,the independent auditor's
management letter.
C.Findings were noted,a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit reports.While we
❑ understand that the audit report contains a written response to the fmding(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
Collier County Housing Authority
HM17-13 IDIS#570
Tenant Based Rental Assistance(TBRA) Page 40