Agenda 09/22/2015 Item #16D 7 9/22/2015 16.D.7.
EXECUTIVE SUMMARY
Recommendation to approve Second Amendments to Agreements with Habitat for Humanity of
Collier County for the Community Development Block Grant Roof Repair/Replacement Project;
United Cerebral Palsy of Southwest Florida for the Transportation Services Project; and
Community Assisted and Supported Living, Inc. for the HOME Investment Partnership Program
Rehabilitation of Multi-Family Properties Project in order to extend their completion dates.
OBJECTIVE: To provide safe and decent housing and transportation services to benefit low and
moderate income families adults with disabilities.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) and HOME Investment Partnership program funds locally defined
needs for community services, rehabilitation, and infrastructure. The Collier County Consolidated Plan
One-Year Action Plan for Federal Fiscal Year 2014-2015 for the CDBG Program was approved at the
June 24,2014 Board meeting(Agenda Item 16D8).
On September 23, 2014, the Board approved subrecipient agreements with Habitat for Humanity of
Collier County, for the CDBG Re-Roof Repair/Replacement Project; United Cerebral Palsy of Southwest
Florida for the CDBG Transportation Services Project; and Community Assisted and Supportive Living,
Inc. (CASL) for the HOME Investment Partnership Program Rehab of Multi-Family Properties Project
(Agenda item 16D1). On June 9, 2015, the Board approved the First Amendment to update the records
retention language in each of these agreements(Agenda item 16D17).
The Second Amendments for all the above mentioned projects are needed to extend the project timelines
to allow time for the completion of the renovations and to meet the number of beneficiaries/occupants
required in the agreements. This will allow the subrecipients sufficient time to expend their awarded
funds.
FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal
impact. The funding sources for these projects are the Community Development Block Grant (CDBG)
Program and the HOME Investment Partnership Program (HOME). The grant award for the Habitat for
Humanity Roof Repair/Replacement project is $240,000, the grant award for the United Cerebral Palsy
Transportation Services project is $24,458, and the grant award for the HOME Rehabilitation of Multi-
Family Properties project is $60,000. They are budgeted in the Housing Grants Fund(705) for Project No.
33364 and Project No. 33176(CDBG Grants); and Project No. 33365 (HOME Grant).
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board action. -JAB
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign the Second Amendment to the Habitat for Humanity of Collier County Agreement for
the CDBG Re-Roof Repair/Replacement Project, the United Cerebral Palsy of Southwest Florida
Transportation Services Project; and the HOME Investment Partnership Program (HOME) CASL
Rehabilitation of Multi-Family Properties Project in order to extend completion dates.
Prepared By: Rosa Munoz, Grant Coordinator; Community and Human Services
Attachments: 1)FY2014-2015 Executed Agreements; 2)First Amendments; 3) Second Amendments
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.7.
Item Summary: Recommendation to approve Second Amendments to Agreements with
Habitat for Humanity of Collier County for the Community Development Block Grant Roof
Repair/Replacement Project; United Cerebral Palsy of Southwest Florida for the Transportation
Services Project; and Community Assisted and Supported Living, Inc. for the HOME Investment
Partnership Program Rehabilitation of Multi-Family Properties Project in order to extend their
completion dates.
Meeting Date: 9/22/2015
Prepared By
Name: MunozRosa
Title: Grants Coordinator, Public Services Department
8/26/2015 4:52:57 PM
Submitted by
Title: Grants Coordinator, Public Services Department
Name: MunozRosa
8/26/2015 4:52:58 PM
Approved By
Name: GrantKimberlev
Title: Division Director-Cmnty &Human Svc,Public Services Department
Date: 9/8/2015 8:48:43 AM
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 9/8/2015 8:50:50 AM
Name: KemnerCynthia
Title: Accountant, Public Services Department
Date: 9/8/2015 9:45:13 AM
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Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 9/8/2015 11:50:00 AM
Name: GrantKimberley
Title: Division Director-Cmnty &Human Svc,Public Services Department
Date: 9/8/2015 12:15:23 PM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 9/8/2015 1:18:02 PM
Name: CarnellSteve
Title: Department Head -Public Services, Public Services Department
Date: 9/8/2015 1:49:01 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 9/8/2015 1:52:23 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 9/9/2015 10:09:20 AM
Name: Klatzko ■Jeff
Title: County Attorney,
Date: 9/9/2015 3:09:34 PM
Name: Casalanb idaNick
Title: Deputy County Manager, County Managers Office
Date: 9/12/2015 2:09:13 PM
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MEMORANDUM
Date: September 29, 2014
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement with Habitat for Humanity for Re-Roof
Repair/Replacement
Grant #B-11-UC-12-0016
Attached please find two original agreements for the item referenced above
(Agenda Item #16D1), approved by the Board of County Commissioners on
Tuesday, September 23, 2014.
The Minutes & Records Department will hold the third original as part of the
Board's Official Records.
if you have any questions, please feel free to contact me at 252-8411 .
Thank vou.
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Grant#- B-11-UC-12-0016
B-14-UC-12-0016
CFDA/CSFA#- 14.218
Subrecipient—Habitat for Humanity of
Collier County,Inc.
Agreement#CD14-04
DUNS#-080676690
IDIS#483
FEID#- 59-1834379
Fiscal Year End: 06/30
Monitor End: 09/2020
AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY,INC.
THIS AGREEMENT is made and entered into this o day of , 2014, by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or
"Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the
"Habitat for Humanity of Collier County, Inc.", a private not-for-profit corporation existing
under the laws of the State of Florid ("SUBRECIPIENT"), having its principal office at 11145
Tamiami Trail E, Naples, FL 34113.
WHEREAS, the County has entered into an agreement with the United States
Department of Housing and Urban Development (MUD) for a grant for the execution and
implementation of a Community Development Block Grant Program in certain areas of Collier
County, pursuant to Title I of the Housing and Community Development Act of 1974 (as
amended); and
WHEREAS, the Board of County Commissioners of Collier County approved the
Collier County Consolidated Plan —One Year Action Plan for Federal Fiscal Year 2014-2015 for
the CDBG Program with Resolution 2014-129 on June 24, 2014—Agenda Item 16D8; and
WHEREAS. the Subrecipient has submitted a proposal for participation in the Collier
County CDBG program; and
WHEREAS, the County and Subrecipient wish to set forth the responsibilities and
obligations of each in undertaking the CDBG RE-ROOF 2014 PROJECT; and
NOW, THEREFORE. in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
HART T AT FOR HUMANrF,
CDBG'_D14-4I4
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PART I
SCOPE OF WORK
The SUBRECIP1ENT shall, in a satisfactory and proper manner and consistent with any
standards required as a condition of providing CDBG assistance, as determined by Collier
County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to
conduct the program as follows:
SCOPE OF SERVICES
FY2014-2015 Action Plan identified and approved the Habitat for Humanity Re-Roof
project. The project will provide the replacement/repair of a minimum of 22 roofs
throughout Collier County. For the purposes of this agreement eligible applicants must
meet the definition of the LIVE. (Low/Mod Housing). The SUBRECIPIENT will also
ensure that a lien is placed on each CDBG assisted property for a period of no less than
five (5)years from the completion of the each roof.
Project Component 1: Project Delivery
The SUBRECIPIENT will perform application intake to screen for eligible program
beneficiaries to include lien activities, environmental, inspection and other project
compliance activities. Prospective applicants will be income qualified to ensure that they
meet a CDBG National Objective and Income eligibility guidelines. The
SUBRECIPIENT will evaluate prospective applications based on criteria as described
within the CDBG application and in accordance with CDBG regulations, incorporated by
reference.
Project Component 2: Roof Repair/Replacement
Rehabilitate and/or replacement of a minimum of twenty-two (22) roofs for low income
homeowners. The project will ensure that the program beneficiary's roofs will be brought
up to current roofing standards, shingle wind warranty of at least 130 mph, wind
mitigation inspection, an underlayment to protect the dwelling from water intrusion, and
all necessary items installed related to re-roofing or repair of the home. The project must
conform to HI-IVS rehabilitation standards and current Florida building code.
Specifically, improvements identified for funding are outlined in the Project Details
Section 1.2.
The detailed project scope will be contained in the contractors estimate, awarded in the
project's construction contract. The project's construction contract will include details
sufficient to document the number, amount and costs associated with all activities for
payment
HABITAT FOR HEUMANFTY
CDBG CDI4-04
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1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the
SUBRECIPIENT must deliver to HHVS for approval a detailed project schedule for
the completion of the project.
B. The following resolutions and policies must be adopted by the SUBRECIPIENT's
governing body within thirty (30)days of conveyance:
1. Affirmative Fair Housing Policy
2. Affirmative Action/Equal Opportunity Policy
3. Conflict of Interest Policy
4. Fraud Policy
5. Equal Opportunity Policy
6. Procurement Policy
7. Residential Anti-displacement and Relocation Policy
8. Sexual Harassment Policy
9. Procedures for meeting the requirements set forth in Section 3 of the Housing
and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u)
10. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
1.2 PROJECT DETAILS
A. Project Description/Budget
Roof Repair/Replacement I Federal Funds
Project Component One:Project Deliver as referenced in the scope of $20,000
services
Project Component Two: Roof Repair/Replacement for a minimum of $220.000
22 Homes
Funding costs will include but not limited to the following expenses:
Fund the repair or replacement of a minimum of 22 roofs for low income
homeowners as referenced in the scope of services
Total: $240.000
The Subrecipient will accomplish the following project tasks:
Project Tasks
L Maintain and provide to the County resident income certification
documentation (Exhibit.E)
2. Provide quarterly reports on progress and national objectives (Exhibit C and
D)
HABITAT FOP.HUMANITY
CHBG CUI4-04
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3. Identify Lead Project Manager
4. Provide Specifications
5. Provide the exterior rehabilitation/replacement of roofs as approved by the
County and identified in this agreement
6. Comply with Davis Bacon Labor Standards if applicable
7. Provide Certified Payroll weekly throughout construction and rehabilitation
if applicable
8. Comply with Uniform Relocation Act (URA), if necessary
9. Ensure the five (5)year affordability/continued use period is met
10. Comply with Section 3 requirements
11. Comply with ERR requirements
12. Required attendance by Executive Management at quarterly partnership
meetings, as requested
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate
income persons (LMI). As such, the SUBRECIPIENT shall be responsible for
ensuring that all activities and beneficiaries meet the definition of Low Mod Housing
(LMH).
C. Project Outcome
The SUBRECIPIENT will provide repair/replacement of a minimum of twenty-two
(22)roofs for Iow income homeowners.
D. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within thirty (30) days of
(Section 1.1) agreement Agreement Execution
Creation and maintenance of income Exhibit E ( Deliverable: Ongoing and to
j be reviewed during
eligibility files or. clients served
monitoring
This funding will benefit a minimum Exhibit C and D 1 Deliverable: Ongoing and
of 22 homeowners evidenced by quarterly report
and monitoring
HABITAT FOR HUMANITI'
CDBG C014-04
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Quarterly Progress Reports Exhibit C&D Quarterly through 9/2015 and
annually thereafter until 2020
Financial and Compliance Audit Exhibit F Annually one hundred eighty
(180) days after FY end until
2020
Proof of Insurance Insurance Certificate Annually within 30 days of
renewal until 2020
Program Income Re-Use Plan Program Income Plan Document Annually through 09/2020
Continued Use Certification Continued Use Affidavit Annually until 2020
E. Payment Deliverables
The Following Table Details the Payment Deliverables
PAYMENT DELIVERABLES
Payment Deliverable Payment—Supporting Documents Submission Schedule
Project Component 1: Project Staff administration to include Submission of monthly
Delivery income qualification, submission of invoices
supporting documents must be
The SUBRECIPIENT will perform provided as back up as evidenced
application intake to screen for by timesheets, payroll, canceled
eligible program beneficiaries to checks/banking statements and
include lien activities, project activity logs
env ionmental, inspection and other
project compliance activities. Final 10% ($2,000) released upon
Prospective applicants will be documentation of completion of a
income qualified to ensure that they minimum of 22 roofs
meet a CDBG National Objective. repaired replaced, and a lien upon
The SUBRECIPIENT will evaluate each property for a minimum of 5
prospective applications based on years, permit(s), and close out
criteria as described within the
CDBG application and CDBG I 1
regulations, incorporated by
reference.
Project Component Two: Roof ' Submission of Supporting I
submission of monthh
Repair/Replacement :$urriing_ costs documents must be provided as ir'ov es
will include but not limited to the back up as evidenced by i.e. income
iiillOwin expenses: Rehabilitate certification, contractor invoice,
and/or replacement of a minimum of proof of payment, bank statement,
tw_n'.'-two (22) roofs for low canceled check(s), release of lien
income homeowners. The project certificate of occupancy, permit,
will ensure that the program close and any additional documents ( f
beneficiary's roofs will be brought as needed
up to current roofing standards,
shingle wind warranty of at least 130 i Final 10%(S77,000) released upon
HABITAT FOE HUMANITY
CUmc;CBI 4-04
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mph, wind mitigation inspection, an documentation/certification of
underlayment to protect the dwelling completion, final waiver of lien and
from water intrusion, and all a minimum of 22 households
necessary items installed related to served, permit and close out
re-roofing/repair of the home.
1.3 TIME OF PERFORMANCE
Services of the Subrecipient shall start effective the date of the execution of this
agreement and shall end on September 30,2015.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available TWO HUNDRED AND FORTY
THOUSAND DOLLARS AND NO CENTS ($240,000) for the use by the SUBRECIPIEN'T
during the Term of the Agreement (hereinafter, the aforestated amount including, without
limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to
the Agreement, shall be referred to as the "Funds").
Modifications to the "Budget and Scope" may only be made if approved in
advance. Budgeted fund shifts between line items and project components shall not be more than
10% and does not signify a change in scope. Fund shifts that exceed 10% of a Iine item and a
project component shall only be made with board approval.
All improvements specified in Section 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
contract for improvements with the lowest, responsive and qualified bidder. Contract
administration shall he handled by the SUBRECIPIENT and monitored by HHVS, which shall
have access to all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for
eligible costs, and all disbursements requests must be limited to the amount needed at the time of
the request. Invoices for work performed are required every month. SUBRECIPIENT may
expend funds only for allowable costs resulting from obligations incurred during the term of this
agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not
yet prepared to send the required backup.. a SO invoice will be required. Explanations will be
required if two consecutive months of SO invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but, not more frequently than once per
month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of
service required by this agreement. Final invoices are due no later than 90 days after the end of
the agreement. Work bt.7formed during the term of the proLlramt but not Invoiced within QO days
without written authorization from the Grant. Coordinator will not he reimbursed.
HABITAT FOR HUMAN;TY
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The County Manager or designee may extend the term of this Agreement for a period of up to
180 days. The extension must be authorized prior to the expiration of the agreement. The
extension must be authorized in writing by formal letter to the Subrecipient. No payment will be
made until approved by HHVS for grant compliance and adherence to any and all applicable
local, state or Federal requirements. Payment will be made upon receipt of a properly completed
invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the Grantee are governed by the Federal grants management rule for cost
allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). 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
Grantee can only incur direct costs that may be attributed specifically to the projects referenced
above. The Grantee must provide adequate documentation for validating costs incurred.
Payments to Grantee's contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as applicable. Allowable
costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles
for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit
recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non-Profit
Organizations. Allowable costs incurred by procured private contractors shall be in
compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A
SUBRECIPIENT is not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is
Subject to 24 CFR Part 85 and may impose requirements upon the SUBRECIPIENT in order for
the County to remain compliant with its obligation to follow 24 CFR Part 85. 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 or the Admin Plan.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending.All
notices and other written communications under this .Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto:RosaMunoz'c>.Colliercow.net
239-252-5713
HABITAT FOR HUMANUTI
CDBG CD)4-04
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SUBRECIPIENT ATTENTION:Nick Kouloheras
Executive V.P, of Land Development
Habitat for Humanity of Collier County
11145 Tamiami Trail E.
Naples, FL 34113
239-775-0036
nkouloheras @.hfhcollier.com
PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits and OMB Circular A-133.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR
570.502 and 570.506 to determine compliance with the requirements of this Agreement, the
CDBG Program and all other applicable laws and regulations. This documentation shall include.
but not be limited to, the following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and
necessarily would be required by COUNTY in order to perform the service.
C. All reports, plans. surveys. information, documents, maps, books, records and
other data procedures developed. prepared. assembled. or completed by the
SUBRECIPIENT for the purpose of this Agreement shall be made available to the
COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or
HABITAT FOR HUMANITY
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HHVS. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this Agreement, including matching funds and
Program Income. These records shall be maintained to the extent of such detail as
will properly reflect all net costs, direct and indirect labor, materials, equipment,
supplies and services, and other costs and expenses of whatever nature for which
reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to HHVS
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 three(3)years after the date of submission of the annual performance
and evaluation report, as prescribed in 24 CFR 91.520 with the following
exception: if any litigation, claim or audit is started before the expiration date of
the three (3) year period, the records will be maintained until all litigation, claim
or audit findings involving these records are resolved. 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 24 CFR 85.42. Meet
all requirements for retaining public records and transfer, at no cost, to COUNTY
all public records in possession of the SUBRECIPIENT upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible
with the information technology systems of the public agency.
E. The SUBRECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews,
Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT
shall maintain records showing contractor compliance with the Contract Work
Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain
records showing compliance with federal purchasing requirements and with other
federal requirements for grant implementation.
P. The SUBRECIPIENT will be Tesponsible 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 HHVS
shall be the final arbiter on the SUBRECIPIENT's compliance.
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in
24CFR 570.208 and the eligibility requirement(s) under which funding has been
received, have been met. These also include special requirements such as
necessary and appropriate determinations as defined in 24 CFR 570.208, income
certification, and written Agreements with beneficiaries, where applicable.
HABITAT FOR HUMANITY
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H. SUBRECIPIENT shall provide the public with access to public records on the
same terms and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law. SUBR.ECIPIENT shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements
are not disclosed except as authorized by law.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit report and monitoring
report (Exhibit F) to the COUNTY no later than one hundred eighty (180) days after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
The SUBRECIPIENT agrees that HHVS will carry out no less than one(1) annual on-site
monitoring visit and evaluation activities as determined necessary.At the COUNTY's discretion,
a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation
of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon
the request of HHVS, submit information and status reports required by HHVS or HUD to
enable HHVS to evaluate said progress and to allow for completion of reports required. The
SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHVS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this contract. Substandard
performance as determined by the COUNTY will constitute noncompliance with this Agreement.
If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY, contract suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement.
2.4 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nn perf rma ce or
unacceptable performance under this contract. Penalties may be imposed for failures to
implement or to make acceptable progress on such corrective action plans.
in order to effectively enforce Resolution No. 2013-228. Housing Human and Veteran
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Subrecipients, Developers, or any entity receiving rant funds from HEWS. P1HVS's policy far
escalation for non-compliance is as follows:
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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 Department within 15
days following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be
held until the corrective action plan has been submitted.
o HI-IVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded grant amount
be returned to the Department.
o The County may require upwards of five percent (5%) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity may be considered in violation of Resolution No. 2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non-compliance by certified mail; the Department may require a portion
of the awarded grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Department.
o The Department may require upwards of ten percent (]0%) of the acquisition
amount be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity will be considered in violation of Resolution No. 2013-228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
The Department will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay all funds disbursed by the County for project that was
terminated. This includes the amount invested by the County for the initial
acquisition of the properties.
• The entity will be considered in violation of Resolution No. 201 3-228
17in the case the Entity has multiple agreements with the Department and is round to be non-
compliant, the above sanctions mao he Imposed across all awards at the disCretioJr qf the Board
of Cowan' Commissioners.
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2.5 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to
this Agreement as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April, July and October respectively for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to
include, a comprehensive final report covering the agreed-upon Program objectives, activities
and expenditures and including, but not limited to, performance data on client feedback with
respect to the goals and objectives set forth in Exhibits "C and D". Exhibits "C and D" contain
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.
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and
judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U?.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDL3G)) including subpart K of these regulations,
except that (i) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is not required to follow federal procurement and (4) for
SUBRECIPIENT's revenue generated is not considered program income. The CDBG program
was funded through the Housin« and Community Development Act of 1974. The
SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws,
regulations, and poiicies 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.
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3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance, as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing, signed
by a duly authorized representative of each organization, and approved by the Grantee's
governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the
Grantee or SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal,
state or local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or schedule
of the activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both Grantee and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG grant funds from HUD
and must be implemented in full compliance with all of HUD's rules and regulations and any
agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement.
In the event of curtailment or non-production of said federal funds, the financial sources
necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be
available. in that event,the COUNTY may terminate this Agreement, which termination shall be
effective as of the date that it is determined by the County Manager or designee, in his-her sole
discretion and judgment, that the funds are no longer available. In the event of such termination..
the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any
individual member of the County Commissioners and /or County Administration. personally
liable for the performance of this Agreement. and the COUNTY shall be released from any
further liability to SUBRECIPIENT under the terms of this Agreement. There are no funds being
granted in association with this A<greement.
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.
Iiabilities, damages, losses, costs. and causes of action which ma) arise out of an act; omission,
including. but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused
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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/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar
public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.43, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth
the reasons for such termination. the effective date, and, in the case of partial terminations, the
portion to be terminated. However. if in the case of a partial termination, the Grantee determined
that the remaining portion of the award will not accomplish the purpose for which the award was
made. the Grantee may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under
this Agreement:
A. Failure to comply with any of the rules. regulations or provisions referred to
herein. or such statutes, regulations. executive orders, and HUD guidelines,
policies or directives as may become applicable at any time;
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B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper
manner its obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement; or
D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or
incomplete in any material respect.
E. Submission by the SUBRECIPIENT of any false certification;
F. Failure to materially comply with any terms of this Agreement; and
G. Failure to materially comply with the terms of any other agreement between the
County and the SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement, the County may
seek any combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part;
B. Require the use of or change in professional property management;
C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG
funds SUBRECIPIENT has received under this Agreement;
D. Apply sanctions 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 and in addition to any and all other
remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds
per 24 CFR 570.503(h)(7).
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The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of
the funds or property, as the COUNTY may deem necessary.
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this
Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and
carried, at all times during its performance.
3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant
Budget and the Scope of Work(Part I), the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments
(24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24
CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT'S are required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the thresholds of Collier County
Purchasing Policy.
Purchasing Threshold Policy
Dollar Range(5) Quotes
Under$3K l Written Quote
_ $3K to 550K 3 Written Quotes
Request for Proposal (RFP)
Above $50K Imitation for Bid (IFB)
3.13 PROGRAM-GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the
COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and
shall be in compliance with 24 CFR 570.503(c) in the operation of the Program.
3.14 GRANT CLOSEOUT PROCEITURES
SUBREC'P1ENT's o liga ion to the COUNTY shall not end until all closeout
requirements are completed. The County may close out the pro ect with the SLBRECIPIENT
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after the five (5) year period has been met. 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 IX.B.4, 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.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement
on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon
receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this
Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
3.16 OPPORTUNITIES FOR SMALL AND NTINORITY/ VOMEN-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 a':en,led (15 I t S r` 632) °:in "minority and •x'omen'c hrucinecs rntr rrt is means a
business at least IIfTy CSI"I. (51) p ervent owned and controlled by minority group members or
women. For the purpose oj. this definition. "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
American Indians. The SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and female business enterprises in lieu of an independent
investigation,
3.17 PROGRAM BENEFICIARIES
t le fifty-one r r`ent (51%) of the beneficiaries of a funded through this AP-recipe-Tit
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must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted under this Agreement must reside in unincorporated Collier
County or in municipalities participating in the County's Urban County Qualification Program.
The project shall assist beneficiaries as defined above for the time period designated in Exhibits
"C and D" of this Agreement.
3.18 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the
COUNTY's specifications an Affirmative Action Program in keeping with the principles as
provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall
provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of
such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds. The Affirmative Action will need to be updated throughout
the five year period and submitted to County within 30 days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with the Project, has any personal financial
interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any
manner or degree with the performance of this Agreement and that no person having any conflict
of interest shall be employed by or subcontracted by the SUBRECIPIENT. The
SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict
of Interest", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate-
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered person
or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY
the t to that the contractor is qualified and that the costs are
may review �u proposed contract eG ensure fiat ce CGn.ra., Gr ` qualified
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 liFIVS provided, however,
that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate income residents of the project target area.
3.20 RELIGIOL S ORGANIZATIONS
IONS
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CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the
basis of religion. and will not limit employment or give preference in employment to
persons on the basis of religion
b. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
c. It will retain its independence from Federal, State and local governments and may
continue to carry out its mission, including the definition, practice and expression of
its religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
d. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
or other rooms that a CDBG funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG funded improvements.
3.21 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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FIARrrAT FOP.IILIMAN€Tv
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
http://p/vvp/.|uw.cnrno||.ed tile fthexdZ4/ourt'570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
bttp://v/v/w.ecfr.gVv/cgi-bin/icz1-
idx?c=ecfr&tpl=/ecfrbrovvxn/Tido24/24cfr58 main 02.tp!
4.3 Section I 04(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended
http://portal.hud.gov/hudportal/HUD?src=%program offices/fair bouuinu equal opp/FH
Laws/109
4.4 The Fair Housing Act (42 U.S.C. 360 1-20) Reasonable Accommodations Under the Fair
Housing Act. bttp://nwvv.hud.gov/offiocy/Ofeo/)ihrurvOhuddoiyco1som:ot`pdf
B.O. 110d3 —Equal Opportunity inHousing
hap://bortul.hud.env/hud?o/ta|/HDD?yrc=/prncrunn offices/fair houxioo equal opp/FH
Lu,vs/EXO11063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
htto://v/wvv.arohivea.uov/fcderu)'rerieter/codifica1}on/�necubve'ordeo//Z259.h=|
24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O.
hUp://`,x`w.|uvv.corne|Lcdu/cfr/t:x1/24/purt->O7
4.5 Title VI of the Civil Ri h1sActmf)964ucamcoded, Tide \/lDoftbeCivDRidhtsAc1of
1968 as amended
hon://nuriu\]tud.I2or/budpnrtul/H[}[>?xrc=/orourum offices/fair houyinu equal opn/prnf,'
dcycditloC
4.6 24 CFR 570.60I Subpart )( - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal Opportunity in housing,
hoo://`+v,v.up0.12ov/[dsys/rkE.A-FK'2oo7-tidc24'vm/3:`dDCFB'20O7'ri|ieZ4'rol3
suc570'602.ndf
4.7 Executive Order 11246 ("Equal Employment Opportunity'), as amended by Executive
Orders 11375 and 12086 - which establishes hiring 2oals for minorities and women on
projects assisted with federal fund s and as supplemented in Department of Labor
regulations. E{} 11246: htto:,Ywv■`'.,.euc.ou`''��oc/hisror`.']5dh/dhc}n`v/cc-] 1246iho71|
E O 11375 and l2086: see item #Dbelow
4.8 Title \/Dof the T96X Civil kizh1s Act zsann.cndcdby the Equal Employment Opmortuniz}'
Act c:' 11;`72, 42 USC � 2000c, o� sec. The 8UDREC[P1TT.NT will. in all solicitations or
u^o[T^r FOP.oom^mrr
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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.eov/laws/statutes/titlev i i.cfm
4.9 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of
the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24
CFR 135, and all applicable rules and orders issued hereunder prior to the execution of
this contract, shall be a condition of the Federal financial assistance provided under this
contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these
requirements shall subject the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to
those sanctions specified by the Agreement through which Federal assistance is provided.
The SUBRECIPIENT certifies and agrees that no contractual or other disability exists
that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low- and very
low-income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns that provide
economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards), housing construction, or other public
construction project are given to low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located; where feasible, priority
should he given to low- and very low-income persons within the service area of the
project or the neiehborh:oe d in which the project is located, and to low- and very low-
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation `jnelt in reciuctior: and abatement of lead-
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the Ci)BG-funded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low-income residents within the service area or
tiro neighborhood in v.ihich the proiect is located, and to lays:- and very lov,,-incoi n::
participants in other HUD programs.
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements. http://www.ecfr.uov/cei-
bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfrl 35 main 02.tpl
4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975 - http://www.dol.gov/oasam/rees/statutes/age act.htm
11063:http://portal.hud.uov/hudoortal/HUD?src—/program of ices/fair housing equal o
pp/FHLaws/EXO 1 1063
11246: http://www.eeoc.eov/eeoc/history/35th/thelaw/eo-11246.html
11375: Amended by EO 11478
11478: http://www.archives.gov/federal-register/codification/executive-order/11478.htm1
12107: http://www.archives.cov/federal-register/codification/executive-order/I2107.html
12086: http://www.archives.rTov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
http://usaceenaineeringpamplets2.tpub.com/EP-1180-1-i/EP-1180-1-10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614
Subpart K.
Section 504: htto://www.epa.gov/civilriczhts/sec504.htm
29 USC 776: http://law.onecle.com/uscode/29/776.html
24 CFR 570.614: http://www.law.cornell_edu/cfr/text/24%570.614
4.13 The Americans with Disabilities Act of 1990
hun://ww‘\'..Frtwa.dot.i2ovirealestatchialindex.htrn
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. httt,://www.fihwa.dot.eovlrealestate!ua%indcx.htm
4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and
the use of apprentices and trainees on federally assisted projects as mandated by the
Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded
hy CDBG. (See 42 USC 276a and 24 CFR 135.11(c).
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work
Financed in whoie or in part by Loans or Grants from the United States-
hnr://\\'v v:.1av, ornol1.edu/ci 'text 29'par:-?
29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (Also Labor Standards Provision Applicable
...Subject to tile Contract Work Hours and Safety Standards Act)
ihttn::/w v .av, cornei�.edulcir t_L29bar?
HABITAT FOR FIUM.A,NITY
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Executive Order 11914- Prohibits discrimination with respect to the handicapped in
federally assisted projects. http:/i www.presidencv.ucsb.eduiwsiindex.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 -which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a
national program for minority business enterprise http://www.mbda.00v/node/333
HUD Circular Letter 79-45:No reference found
4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
570.607, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 570.607: httn://www.apo.uov/fdsys/nku/CFR-2010-title24-vol3/pdf7CFR-2010-
title24-vol3-sec570-608.pdf
E.Q. 13279: http://fedgoveontracts.com/pe02-I92.htm
4.18 Public Law 100-430 -the Fair Housing Amendments Act of 1988.
http://www.nchi.nlm.nih.eov/pubmed/12289709
4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and
specified by the following subsections: htt n::/www.lhw.cornell.eduicfr/text/24 1part-84
• Subpart A — General;
• Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for
Federal Assistance;
• Subpart C --Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of
8520(b)(7) and 85.21 in making payments to ST BRECIPIENT's;
Section 84 23, Cost Sharing and Matching;
• Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIEN7"s
shall follow :770.504;
o Section 84.25. Revision of Budget and Pro ran Hans:
• Section 84 33:2. Real Property — In lie„ of 84.32. CDBG SUBRtcCIPIF.NT's
shall follow 570.50 ;
• See?_ion 84.34(2), Equipment— in lieu of the disposition provisions of 84.34(g)
the following applies:
• in all cases in which equipment is sold, the proceeds shall he program
income eme (pro-rated to reflect the extent to which CDBG funds were
use acquire the equipment); and
FEAETTAT FOP.HUNI4.NfTI'
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• Equipment not needed by the SUBRECIPIENT for CDBG activities
shall be transferred to the recipient for the CDBG program or shall be
retained after compensating the recipient;
o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
o Section 84.52, Financial Reporting;
o Section 84.53(b), Retention and Access Requirements for Records. Section
84.53(b) applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual
CDBG activities shall be three years; and
• The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the
award;
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG
SUBRECIPIENT's shall comply with 570.503(b)(7); and
• Subpart D—After-the-Award Requirements —except for 84.71, Closeout Procedures
4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for sub recipients that are governmental entities.
http://www.ecfr.�eov/cu.i-bin/text-
idx?c=ecfr&tp l=/ecfibrowseIfitle24/24cfr85 main 02.tpl
4.21 Immigration Reform and Control Act of 1986
littp://www.egoe.20-Ceeocihistorv/35th/thelawlirca.h[MI
4.22 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 -
httn:!lw>w w.lawserver.convlawistate/floridalstatutes!forida statutes chapter 112 part
Collier County -
Iht,r' i)(- .17)01 111-1I2 labor /17MA G1, 1-. (i«4,?ODocum nts,C M A94:::` 5-I
i.i " (i) r (r,.2°� r,620C. tf.
1,( ,,ivt,5 li�Cjal'� a_Ct r .v_t.�-,r17dUCt.f?Q i
._. Order of Precedence - in the event of any conflict between or among the terms of any o'
the Contract Documents, the terms of the Agreement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the
Contract Documents cannot be resolved by application of the Supplemental Conditions, if
any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
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4.24 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).
4.25 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 RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
http://www.flsenate.eov/Laws'Statutes/2010/44.102
4.26 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. httn://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251. et seq., as amended.
http://www.law.comeil.eclufuscocieltext/33/chanter-26
4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for
activities located in an area identified by FEMA as having special flood hazards. flood
insurance under the National Flood Insurance Program is obtained and maintained. If
appropriate, a letter of map amendment(LOMA) may be obtained from FEMA, which
would satisfy this requirement and/or reduce the cost of said flood insurance.
httn://wv,'w.ec':r.eov-cei-bin'text-
i-i `c-`of r=SIr _el;i?40bd }`'72480-S")7a48br7 e,15r} 'rb5 =d i �' de
.Clt.�� ... �-_, .> z _ )�:..r<�r.. -i�``L'4�r,'.�- b°�'==lC'�t��,.:1C
.[.4 .-fi.1 F.1.6i'b'.Idno q
4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead-
Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K.
http:!!v,,ww.ecfr.eov1eei_hin.text-
_ .%?c--'.h*SID=cha40t dti._2 _`1dS I12 a48b ed.5 )0;1.7:56 :C°ii---„.T F 8 :r ie-:ti
I .1 ` 1 9&dd{n:
HABITAT FOR H:!h4:4NITY
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4.29 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._govihisto rv/local-law/n hpa 1966.htm
http:// ww.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02411_
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/hi story/Iocal-law/nhpa 1966.htm
4.30 The SUBRECIPIENT must certify that it will provide drug-free workplaces in
accordance with the Drug-Free Workplace Act of 1988 (41 USC 701).
http://us-code.vlex.comlvid/drue-free-workplace-reuuirements-contractors-19242870
4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in
this covered transaction as outlined in 24 CFR 570.609, Subpart K.
http://www.ecfr.gov/cei-bin/text-
idx?c=ecfr&SlD=eba40bdb52822d80827a48bced5b0b5 ta&ren=diva&view—text&node=2
:3.1.1.3.4.1 1.I.i 0: idno=24
4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
States. local governments. and Indian Tribes follow:
• A-87 for Cost Principles
• A-102 for Administrative Requirements
Educational Institutions (even if part of ., State or Inca! eovernmen ) follow:
• A-21 for Cost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles
• A-110 for Administrative Requirements
OMB Circular A87: httn://www.whitehouse.goviomnicirculars a087 2004;
OMB Circular A!02 Mrtn://www.wii itehouse.gov nntbJcirculars a102`
}MB Circular A21.11t'p.iiti,w w.vvIhitehause.0 on'i ?icirc.i.iI i a0 21 2004.
01\1B Circular Al I0:linn:/./www.whitehousc,goviomb/circulars a110/
HABITAT FOII FIUKAN'IT',
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OMB Circular A122: http://www.whitehouse.eov/omblcirculars a122 2004/
4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of OMB A-133,
Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is
closed out prior to the receipt of an audit report, the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
http://w,=w-w.whitehouse.gov/omb/circulars/al 33 compliance supplement_ 201 I,
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the
cost certification of costs performed by a certified public accountant. This has always
been an eligible cost; the amendment clarifies and codifies this.
http://www.law.cornell.edu/cfr/text/24/92.206
4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR
24.101, shall be subject to the provisions of CDBG including, but not limited to, the
provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG
funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
http:/%VrIww.thwa.dot.gov/real estate/ua/index.htm
http://www.law.cornell.edit/eft/text/49/94.101
httn:'%cfr.vlex_com/vi!570-505-use-real-nronerty-19928754
4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by § 287.133 (3) (a), Florida Statutes.
ht.t 17: wtV .lawsery rtat. o i statut.saiori a statutes 287-133
4.36 No Federal appropriated funds have been paid or x7:1;1' be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
emplo r ce of any agency. a Member of Congress,-;c an officer or employee of Congress, or
are empio:ee of a Member of Congress in connection, with the awarding of any Federal
contract, the making of any Federal gran;, the making of any Federal loan., the enterii7 g
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 annropriated funds have been paid or \\'iil be paid to any
person for influencing or attempting to influence an officer or employee of any agency' a
RAD.`:TA?FOR H''MANII:c.
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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
SUBRECIPIENT's shall certify and disclose accordingly.
4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.38 Any rule or regulation determined to be applicable by HUD.
4.39 Florida Statutes 713.20, Part 1, Construction Liens
http://www.le,g.state.fl.us/Statutes/index.cfm?App mode=Displav Statute&URL=0700-
0799/0713/0713.htm 1
4.40 Florida Statutes 119.021 Records Retention
http://www.lawserver.com/law/state./floridaistatutes/florida statutes 119-021
4.41 Florida Statutes, 119.071, Contracts and Public Records
http://www.lee.state.fi.us/Statutes/index.cfm?Ann mode—Display Statute&I RL.'O100-
0199/0119!Sections/0 1 19.07.htm l
(Signature Page to Foilow
HABITAT FOR HU ANTTY
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IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each,
respectively, by an authorized person or agenL hereunder set their hands and seals on the date
first written above.
i(fT____,
ATTEST i ( r BOARD 0 ' 'OUNT:/f OMMISSIONERS OF
DWIG-FIT E.BRO.0 CLERK COLLIER C NTY, -1, RIDA
, --
. ,
Attest as to Cb im d
,Peputy Clerk TOM HENNING,CHAIRMAN
'1-innature-orir,‘: .,,. f.N• 1
HABITAT FOR HUMANITY OF COWER
I
Dated; 1 ,
V COUNTY, INC.
, . ,44"
' - (S ,AL)
By
Nick Kouloheras,V.P.of Land Development
(-------';-1
Witness
me and Title
i l'7
1111Pr
,
Witness
Name and Tide
Approved as to form and legality:
(---
A
Nk
..k., .. . .......„
A
_
.lc nnik A. Belpenio,,
,- --:-'1-1
Al-istant C )1it-)ty Attc.)74,- ' .1/\
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6
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PART V
EXHIBITS
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, do Housing, Human and Veteran
Services Department, 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 occurrencel$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 (7) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured,
ilr.) stT0,7cTioN PHA Sr;OF APPLInAdIr
In addition to the insurance required in I — 4 above,the SUBRECIPEINT shall provide or
cause its Subcontractors to provide original certificates indicating the following types of
insurance coverage prior to any construction:
Completed Value Builder's Risk Insurance or, an "All Risk" basis in an amount
not less than one hundred (1 00%) percent of the insurable value of the building(s)
HABITAT FOP,HUMAN:TY
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or structure(s). The policy shall be in the name of Collier County and the
SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in
an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance
must be kept in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations
insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate.
Collier County must be shown as an additional insured with respect to this
coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with this contract in an amount not less than
$1,000,000 combined single limit for combined Bodily Injury and Property
Damage. Collier County as an additional insured.
0. 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.LM.A.
HABITAT FOR H[.Mk"tT.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Habitat for Humanity of Collier County. Inc.
Sub recipient Mailing Address: 11145 Tamiami Trail E, Naples, FL 34113
Project Name: Re-Roofing Project
Agreement No: CD121-04 Payment Request#
Total Payment Minus Retainage: S
Period of Availability: —through
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
S
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
S
5. Amount of Today's Request
S
6. 10% Retainage Amount Withheld
7. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the A 1--e,,:merd between the COUNT'S and us as the SUBRECIPIET,JT. To the best
of my itnowleclae and belief, all grant requirements have been followed.
S i2nature L./ —
c,
at
Title
Grant Coordinator Grant Accountant
tr.tupervieor -pprova! require(' S15.000 and above Dept Director (approvai require(' Si f.000 and above;
HABI-17,T cOr.
CDR:c-rn4-1 '
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EXHIBIT "C"
REPORTING SCHEDULE
The SUBRECIPIENT shall submit quarterly reports to Grantee based on the following schedule.
Reports shall be submitted according to this schedule as long as this Agreement is in force:
Activity Reporting Period Report Due Date
October 1'—December 3151 January 10th
January 315`—March 3151 April 10th
April I51—June 30th July 10th
July 151—September 30th October 10th
SUBRECIPIENT AGREEMENT
ROOF REPLACEMENT PROJECT
Date Submitted:
Activity Reporting Period:
Contact Person:
Telephone: Email:
GENERAL
1. Activity Status or Milestones — describe any significant actions taken or outcomes
achieved during this reporting period.
�. c Actions — what signifi cant actions or outcomes are expected ted during the next
rFepo ri:na period?
Fi sHIT;T FOR HUMANITY
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3. Obstacles—describe any potential obstacles, challenges, or issues that may cause delay.
ACTIVITY STATUS
Complete the following information by entering the appropriate numbers for this reporting
period in the tables below. Do not duplicate information from previous reporting periods.
Activity This Reporting Period
No.Active Projects
No. Projects Complete
No. Properties Demolished
No. Properties Sold
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Household Data This Reporting Period
No. Extremely-Low Income Households(0-30%AMI)
No. Very-Low Income Households(31-50%AMI)
No. Low-Income Households(51-80%AMI)
No.Moderate-Income Households (81-120%AMI) I
No.Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
Race Total No. Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander _
American Indian/Alaska Native and White ; {
Asian and White
Black/African American and White
American Indian's lsl:an Nat t=e and E aoL *_ric ..'.r.: ;,cam.
Other Multi-Racial
TOTAL
HABITAT FOR HUMANITY
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EXHIBIT "D"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
Grantee is required to submit to HUD, through the Integrated Disbursement and Information
System ("IDIS") Performance Reports. The County reports information on a quarterly basis. To
facilitate in the preparation of such reports, Subrecipient shall submit the information contained
herein within ten (10) days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORT
Sub-recipients:Please fill in the following shaded areas of the report
Agency Name: SUBRECIPIENT t'AMMMME HERE Habitat forHumanity'of Collier County,Inc. Date:
Project Title: CDSG Re-Roofing Proiec1
Alternate
Program Contact: Nick Krr.itoheres Contact: Cormac Gidlini
Telephone Number: '2•,y-77E-u"'36
"REPORT FOR QUARTER ENDING:(check one that applies to the
corresponding grant period): ❑ 12131/14 03130/15 DOG..V15 ❑9/30/15 0
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
I
Please list the outcome goals)from your approved application&sub-recipient agreement and indicate your progress in meeting
1. those goals since the beginning of the agreement.
A.Outcome Goals: list the outcome goal(s)from your acproved application is su l)-recipient agreement.
Outcome 1: Repair or Replacement cf a minimum of 22 roots
Outcome 2:Completion of application review, eligibility determination and income qualification for a minimum of 22
households
Outcome 3: 100% of persons sewed will meet the LMFi-LMI National Objective`
B.Goal Progress: indicate the progress to date in meeting esor outcome coai.
HAr3ITAT FOR HUMANITY
CDCG CDI 4-04
RI; Pepzir?Ii plarerr+ety i';;3-,- 35 of G
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Outcome 1:
Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new
2. timeline for approval.
Yes No
If no,explain:
3. Since agreement execution,of the persons assisted,how many....
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now has improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
TOTAL: 0
4. What funding sources are applied for this period/program year?
$ $
Section 108 Loan Guarantee - HOPWA -
$ $
Other Consolidated Pian Funds - CDBG -
$
Other Federal Funds - ESG -
$ $
Total
Entitlement $
Total Other Funds Funds
HABITAT FOR HUMANITY
CDBG CD14-O4
RE-ROOF F[epssr/ten6acemen: Page 36 of t
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•
5. What is the total number of UNDUPLICATED clients served this quarter,if applicable?
a. Total No.of adult females served: 0 Total No.of females served under 18: 0
b. Total No.of adult males served: 0 Total No.of males served under 18: 0
TOTAL: 0 TOTAL: 0
c. Total No.of families served: :.0.' -Total No.of female head of household: 0
6. What is the total number of UNDUPLICATED clients served since October,if applicable?
a. Total number of adult females served: 0 Total number of females served under 18: 0
b. Total number of adult males served: 0 Total number of males served under 18: 0
TOTAL: 0 TOTAL: 0
c. Total No.of families served: 0 Total No.of female head of household: 0
Complete EITHER question#7 OR#8.Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. IPRESUMED BENEFICIARY DATA r 8. `OTHER BENEFICIARY DATA:INCOME RANGE I
Indicate the total number of UNDUPLICATE[? Indicate the total number of 1 iNPI/PI 1C'ATF!Z persons
persons served since October 1 who fall into
each presumed benefit category (the toldl served since October 1 who fall into each income
should equal the toldl m question#6); category(the total should equal the total in question#6):
Report as: Report as:
O Abused Children 0 Extremely low Income(0-30%)
O Homeless Person 0 Low Income(31-50%)
O Battered Spouses 0 Moderate Income(51-80%)
O Persons wJ HIV/ADS 0 Above Moderate Income(e80%)
O Elderly Persons
O Veterans
O Chronically/Mentaly ill
O Physically Disabled Adults
O Other-Youth
TOTAL: 0 TOTAL: 0
_. Racial 5. Ethnic Dab.: I(if aoelicaale)
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
White ;of whom,how many are Hispanic?
Black/African Atterican; 0 0 ;of whom,how many are Hispanic?
Asian 0 0 ;of whom.now many are Hispanic?
American Indian/Alaska Native 0 0 ;of whom,how many are Hispanic,?
Native f-iawailan/Other Pacrflc lslaixier 0 0 ;of whom, how many are Hispan;c?
American Indian/daskan Native&White' 0 0 :of whom,how many are Hispanic
iniackiretrican American t>:White 0 0 of where;.now many are Hispanic.?
Am. In;jianfAlaaka Native& 3ia^e Alri:an Am. 0 0 ;or venom,now many are Hispania;
Other Malta-racial 0 0 ;of whore,now many are Hispanic?'
Omer 0 0 of whore,how many are Hispanic?
TOTAL: {; 0 TOTAL HISPANIC
Name. Signature.
_.... t char typed narr�hart represent=.your eiecson.:
S icnature
fU,ErIT.:.T fog lilooiA!sr't
Cam.,.,=C_6:
.coo Rrpai J2er :} `A,
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EXHIBIT"E"
INCOME CERTIFICATION
INSTRUCTIONS
Complete form, and retain appropriate supporting documentation, prior to providing CDBG
assistance to an eligible beneficiary. Please file in your organization's records and have on hand
for future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
—
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
3
4
6
Total Cash Value of Assets 3(a)
Total Income from Assets B(b)
if line 3(a) creator than .T.5.000, multiply that amount by the rate specified
by HUD (applicable rate 2.0%)and enter results in B(c), otherwise leave
blank. B(ci
iAB:TAT YOE ITUNIANITY
ebRG cc14-04
RL-ROOF liclatirtleniace,rnery Page 38 01741
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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, Asset
commissions,
bonuses,and Income
overtime)
(Enter the
greater of
2 box B(b)or
3 — box B(c),
4 above, in
5 box C(e)
6 below)
7
8
Totals (a) (b) (C) (d) (e)
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. I/we have provided, for each person set forth in item A, acceptable
verification of current and anticipated annual income. I1we certify that the statements are
true and complete to the best of mylour knowledge and belief and are given under penalty
of perjury.
WARNING: Florida Statutes 8I7 provides fiat Iifi2i faire 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 Spous e or Co-Head of H ,usehoid Date
Adult Household pld v mber (if applicable') Date
Adult Household Member apolicab,:e Date
HABITAT FOR HUMANITY
CID BO
RL-ROOF F+timi!-!Replacemcnt P a.e 9 of 41
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EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Subrecipient Name Pe iol Year
Period
Total State Financial Assistance Expended during
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
indicated above and expect to complete our Circular A-133 audit by . Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
management letter.
❑ We are not subject to the requirements of OMB Circular A-133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I Thereby certify that the above information is true and accurate.
Signature Date
I Print Name and Title
This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements.
HABITAT FOR HUMANITY
CDBG CDI4-O4
RE-ROOF Re pairiRepincemenz Page 41 of 41
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E. CDBG Grantee Statement: Based on the representations herein, the family or
individual(s) named in Item A of this Income Certification is/are eligible under the
provisions of the CDBG Program. The family or individual(s) constitute(s) a:
Very-Low Income (VLI) Household means and individual or family whose
annual income does not exceed 30 percent of the area median income as
determined by the U.S. Department of Housing and Urban Development with
adjustments for household size.
(Maximum Income Limit $ ).
Low-Income (LI) Household means and individual or family whose annual
income does not exceed 50 percent of the area median income as determined by
the U.S. Department of Housing and Urban Development with adjustments for
household size.
(Maximum Income Limit$ ).
Moderate-Income (MOD) Household means and individual or family whose
annual income does not exceed 80 percent of the area median income as
determined by the U.S. Department of Housing and Urban Development with
adjustments for household size.
(Maximum Income Limit $ ).
Based upon the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area (MSA) of Collier County, Florida.
Signature of the CDBG Administrator or His/her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
Native
American I Hawaiian or 0 h 0- 26- I 4i — i _
c_. ne -^_i rite
inc'tan F ti; er Pao..
40 ( (Di
i
�) lI
e'?' i Jw
I t�iS"'3=7tC
I
NOTE:irntor,7:a.nr:cct c_rninj rate on ethnical the OCCLTAIra is heinr g.nt.ere, 'err slab_::c,-« USE oniv A here; ci ry is
s.i at., is give soon tl o'an Lion,:. c: Star .ass.,E.,'w:an S: ,.<.2C:re 4.Sal 2ci e'TVc sUssi In,l mart . hit; no:ajien:(inn nlei t tie or
So°fg o for'
ftSTU1ITAT FOJS HUM':"71
CL'
CDBG 0E0404
F, Fi`?Ctfiie Writ,Rrnixr.emaa, `}an. 40 DI 41
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9/22/2015 16.D.7.
EXHIBIT"F"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Subrecipient Name Fiscal Year
Period
Total State Financial Assistance Expended during
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
❑ indicated above and expect to complete our Circular A-133 audit by . Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A-133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
D Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditors
management letter.
(,If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I hereby certify that the above information is true and accurate.
}
Signature Date
Print Name and Title
This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
HABITAT FOR HCMAR'RTY
CDBG CD14-04
RE-ROOF Repuir/keptaceinerd Pane 41 of'41
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MEMORANDUM
Date: June 26, 2015
To: Geoffrey Magon, Grant Coordinator
Housing, Human & Veteran Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: 1st Amendment to Agreement between Collier County and Habitat
for Humanity of Collier County, Inc.
Grant #B-11-UC-12-0016
Attached are one (1) copy of the document referenced above, (Item #16D17) approved by
the Board of County Commissioners on June 9, 2015.
An original amendment has been kept in the Minutes & Records Department as part of the
Board's Official Records.
if you have any questions, please feel free to contact me at 239-252-7240.
Thank you.
Attachments (2)
Packet Page -1446-
9/22/2015 16.D.7.
Grant#- B-11-UC-12-0016
B-14-UC-12-0016
CFDA/CSFA# - 14.218
Subrecipient — Habitat for Humanity of
Collier County, Inc.
DUNS # - 080676690
Agreement# CD14-03
IDIS# - 482
FEID #- 59-1834379
Fiscal Year End: 6/30
Monitor End: 09/30/2023
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
THIS AMENDMENT is entered into this 9 day of Jr ur C. 2015, by and between the
"Habitat for Humanity, of Collier County, Inc." a private not-for-profit corporation existing under the laws of
the State of Florida, herein after referred to as "SUBRECIPIENT", having its principal office at 11145
Tamiami Trail E, Naples, FL 34113; and Collier County, Florida, having its principal address as 3339 E.
Tamiami Trail, Naples FL 34112, hereinafter to be referred to as '`COUNTY", collectively stated as the
"PARTIES."
RECITALS
WHEREAS, on September 23, 2014, the COUNTY entered into an Agreement with the Community
Development Block Grant Program funds to he used for the Re-Roof 2014 Project (hereinafter referred to as
the -Agreement"); and
WHEREAS, the Parties desire to amend the Agreement to conform to the Department of Housing and
Urban Development's CDBG requirement regarding the records retention period.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
;or.sideration. the receipt and sufficiency of which is hereby, mutually acknowle4ed. the Parties agree to
amend the Agreement as follows:
‘l ords true -T4trough are deleted; Words Underlined are added
. i:rt i ._;;';mI"it Control Requirements-. S,'C:IC?Ii _._i.i -1:ecJ > and .)C?el;Ii1;;t1..1 t1i1I; 1s hereby aI11ti,1!,:d as
l?.
'Loon completion of all work contemplated under this :^ lireement copies of all documents
rnd records relating to this `\42reelne t shall be surrendered to _.17_. if requester. in any event the
o.mt∎.
1'ai e I Of 3
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SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for three (3) five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520
with the following exception: if any litigation, claim or audit is started before the expiration date
of the three (3) five (5) year period, the records will be maintained until alI litigation, claim or
audit findings involving these records are resolved. The COUNTY shall be informed in writing if
an agency ceases to exist after closeout of this Agreement of the address where the records are to
be kept as outlined in 24 CFR 85.42. 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.
* *
Part IV "General Provisions", Section 4.19 "Uniform Administrative Requirements", is hereby amended as
follows:
* * *
4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following
subsections: http://www.law.cornell.eduicfr/text/24/part-84
o Section 84.53(x). Retention and Access Requirements for Records. Section 84.53(b) applies
with the following exceptions:
■ The retention period referenced in 84.53(b) pertaining to individual CDBG activities
shall be three five years; and
■ The retention period starts from the date of submission of the annual performance and
evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is
reported on for the final time rather than from the date of submission of the final
expenditure report for the award;
(Signature Page to Follow)
i (COU Ill.
Li)130(CD14-u4
1 i(x1 €2 :iir.1(c7ls c.rT r i Pace t)t`
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9/22/2015 16.D.7.
IN WITNESS WHEREOF. the Subrecipient and the County, have each, respectively, by an authorized person
or agent. hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: e,a447C-e,_
TIM NANCE, CHAIRMAN
•
c(
(SEAL)
Attest as tq Chairman s
signature only.
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
Br: z
NICK KOUWHERAS, EXECUTIVE V.P. OF
LAND DEVELOPMENT FOR
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
Approved as to form and legality:
Jennifer A. Beipedio
Assistant County Attorney
Pa;le.
Packet Page -1449-
9/22/2015 16.D.7.
Grant# - B-11-UC-12-0016
B-14-UC-12-0016
CFDA/CSFA#- 14.218
Subrecipient–Habitat for Humanity of
Collier County,Inc.
Agreement#CD14-04
DUNS# - 080676690
IDIS#483
FEID #-59-1834379
Fiscal Year End: 06/30
Monitor End: 09/2020
SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
THIS AMENDMENT is made and entered into this day of , 2015, by and
between "Habitat for Humanity of Collier County, Inc.", a private not-for-profit corporation
existing under the laws of the State of Florida, herein after referred to as "SUBRECIPIENT",
having its principal office at 11145 Tamiami Trail E, Naples, FL 34113, and "Collier County,
Florida, having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, hereinafter
to be referred to as"COUNTY", collectively stated as the "PARTIES."
WIIEREAS, on September 23, 2014, the County entered into an agreement with the
Community Development Block Grant Program funds to be used for the Re-Roof 2014 Project
(hereinafter referred to as the `Agreement"): and
WHEREAS, the Parties desire to extend the project completion date in order to achieve
full expenditure of CDBG funds.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged.
the Parties agree to amend the Agreement as follows:
Vl ords S- •�= �1-1n=t- are deleted; Words Underlined are added
All references to Housing. Human and Veteran Services (HHI'S` throughout agreement shall
now read Community and Human Services (CHS).
j15-GRC-0 42,'121 i3°2 1
71A13F1A1 FORHty1A\ITY
CDBG CD11-(#4
RE-ROOF Repair/Repiacement
Amendment=2
Page I of
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PART I
SCOPE OF WORK
1.3 TIME OF PERFORMANCE
Services of the Subrecipient shall start effective the date of the execution of this
agreement and shall end on September 30, 2015 January 15, 2016.
* * *
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.
A I I EST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk TIM NANCE, CHAIRMAN
Dated:
(SEAL)
HABITAT FOR HUMANITY OF COLLIER
Witness COUNTY, INC.
Name and Title By:
Nick Kouloheras, V.P. of Land Development
Witness
Name and Title
Approved as to form and legality:
Jennifer A. Beipedio *1``
A.ssistant County Attorney
115-GRC-00426/I 206392/11
HABITAT FOR HUMANITY
CDBG CD14-04
RE-ROOF Repair,Reniacement
Amendment!?2
Page 2 of 2
{c.Act
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MEMORANDUM
Date: September 29, 2014
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement with United Cerebral Palsy of Southwest
Florida for Transportation Services
Grant #B-14-UC-12-0016
Attached please End two original agreements for the item referenced above
(Agenda item #16D1), approved by the Board of County Commissioners on
Tuesday, September 23, 2014.
The Minutes & Records Department will hold the third original as part of the
Board's Official Records.
If you ildVe 'any qUestions, ft-,z,•1 frt:-. ID contact ricz al. 252-84 I I .
Thank you.
Packet Page -1452-
9/22/2015 16.D.7.
Grant#-B-14-UC-12-0016
CFDA/CSFA#- 14.218
Subrecipient—United Cerebral Palsy of
Southwest Florida, Inc. (UCP)
Agreement#CD14-05PS
DUNS #- 078476765
IDIS#484
FETI# - 59-1796622
Fiscal Year End: 06/30
Monitor End: 09/2015
AGREEMENT BETWEEN COLLIER COUNTY
AND
UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA,INC.
THIS AGREEMENT is made and entered into this 2. ray of`2.. 2014, by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or
"Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the
"United Cerebral Palsy of Southwest Florida, Inc.", a private not-for-profit corporation
existing under the laws of the State of Florida ("Subrecipient"), having its principal office at
9040 Sunset Drive,Miami, FL 33173.
WHEREAS, the County has entered into an agreement with the United States
Department of Housing and Urban Development (HUD) for a grant for the execution and
implementation of a Community Development Block Grant Program in certain areas of Collier
County, pursuant to Title I of the Housing and Community Development Act of 1974 (as
amended): and
WHEREAS, the Board of County Commissioners of Collier County approved the
Collier County Consolidated Plan— One Year Action Plan for Federal Fiscal Year 2014-2015 for
the CDBG Program with Resolution 2014-129 on June 24, 2014—Agenda Item 16D8; and
WHEREAS. the Subrecipient has submitted a proposal for participation in the Collier
County CDBG program; and
WHEREAS. the Counts, and Subrecipient wish to set forth the responsibilities and
obligations of each in undertaking the CDBG TRANSPORTATION SERVICES PROJECT:
are
NOW, THEREFORE. consideration of the mutual benefits contained herein, it is
an--reed by the Parties as follows:
s.:
UNITED CEREBRAL.PALSY Or SW FLORIDA„!NC.
CDBG CDI4-45PS
TRANSPORTATION SERVICES Page 1 Of 40
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PART I
SCOPE OF WORK
The Subrecipient shall, in a satisfactory and proper manner and consistent with any
standards required as a condition of providing CDBG assistance, as determined by Collier
County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to
conduct the program as follows:
SCOPE OF SERVICES
FY2014-2015 Action Plan identified and approved the Public Services Project to United
Cerebral Palsy as follows:
Project Component One: Funding costs will include but not limited to the following
expenses: Fund partial salary for Staff& Drivers to transport persons with disabilities to
the UCP Adult Day Education/Training Center (ADT).
Items identified for funding are outlined in the PROJECT DETAILS in Section 1.2.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to HI-IVS for approval a detailed project schedule for the completion of
the project.
B. The following resolutions and policies must be adopted by the Subrecipients'
governing body within thirty (30) days of conveyance:
1. Affirmative Fair Housing Policy-N/A
2. Affirmative Action/ Equal Opportunity Policy
2, Conflict of Interest Policy
Fr ,:l
5. Equal opportunit■ Policy
Pk.)-1I.:1`--N'A
7. Residential Anti-displacement and Relocation Policy-N/A
8. Sexual Harassment Policy
9. Procedures for meeting the requirements set forth in Section 3 of the Housing
and Urban Development Act o ' 1958, as amended (11 794 1 u)-h:.'12%
0. Procedures for nteetin;i, the reouirements set forth in Section 504 of the
Rehabiiitation Act of 1973. as amended (29 794)
UNITED CEREBRAL PALS) OF SW FLORIDA,INC.
CDBC,CD)4-05'S
TRANSPORTATION.styvicEs Dam- 2 of 40
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9/22/2015 16.D.7.
1.2 PROJECT DETAILS
A. Project Description/Budget
Public Services Federal Funds
Project Component One: Funding costs will include but not limited to $24,458
the following expenses: Fund partial salary for Staff & Drivers to
transport persons with disabilities to the UCP Adult Day
'Education,'Training Center(ADT).
Total: $24,458
The Subrecipient will accomplish the following project tasks:
Project Tasks
1. Maintain and provide to the County resident income certification
documentation (Exhibit E) or documentation of presumed eligibility
2. Provide quarterly reports on progress and national objectives
3. Travel/Driver Log
4. Required attendance by a representative from Executive Management at
quarterly partnership meeting, as requested
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate
income persons (LM1), As such the Subrecipient shall be responsible for ensuring that
all activities and beneficiaries meet the definition of Low Mod Clientele (LMC) or
presumed Low Mod Clientele.
C. Project Outcome
The Subrecipient will provide transpertation services to a minimum of twcive
persons with disabilities. The subrecipicnt will provide the vehicle and personnel to
operate transportation serv:ce .
D. Performance Deliv.erabtes:
The Following Table Details the Project Deliverables
Program Deliverable Deliverable Supporting Submission Schedule I
Documentation
UNITED CEREBRAL PALSY OF SW FLORIDA,INC,
CDBG CDI4-05PS
TRANSPORTATION SERVICES Par'r:2, 01
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9/22/2015 16.D.7.
Special Grant Condition Policies Policies as stated in this Within thirty (30) days of
(Section 1.1) agreement Agreement Execution
Creation and maintenance of income Exhibit E Deliverable: Ongoing and to
eligibility or presumed eligibility files be reviewed during
on clients served monitoring—
This funding will benefit a minimum Exhibit C and D Deliverable: Ongoing and
of 12 individuals with developmental evidenced by quarterly report
disabilities in Collier County and monitoring
Quarterly Progress Reports Exhibit C & D Quarterly through 9/2015
Financial and Compliance Audit Exhibit F Annually one hundred eighty
(180)days after FY end
Proof of Insurance Insurance Certificate Annually within 30 days of
renewal
Program Income Re-Use Plan Program Income Plan Document Annually through 09/2015
E. Payment Deliverables
The Following Table Details the Payment Deliverables
PAYMENT DELIVERABLES
Payment Deliverable Payment—Supporting Submission Schedule
Documents
Project Component One: Funding Submission of supporting Submission of monthly
costs will include but not limited to the documents must be provided as ( invoices
following expenses: Fund partial salary back up as evidenced by i.e. time
for Staff&Drivers to transport persons sheets, payroll registers, banking
with disabilities to the UCP Adult Day documents, vehicle logs, and any
Education/Training Center(ADT). additional documents as needed-
Exhibit
B
Final 10% (S2.445.80)released
upon documentation of a
minimum of 12 persons with
disabilities served
1.3 TIME OF PERFORMANCE
Services of the Subrecipieni shall star-, 'eb ruar., 1. 2015 and shall end on September 30,.
2015 .
1.4 AGREEMENT AM OL N T
The rCO , ,T 1.' agrees to make available. TWENTY FOUR THOUSAND FOUR
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HUNDRED FIFTY EIGHT DOLLARS AND NO CENTS (524,458.00) for the use by the
SUBRECIPIENT daring the Term of the Agreement (hereinafter, the aforestated amount
including, without limitation, any additional amounts included thereto as a result of a subsequent
amendment(s) to the Agreement, shall be referred to as the"Funds").
Modifications to the "Budget and Scope" may only be made if approved in advance.
Budgeted fund shifts between line items and project components shall not be more than 10% and
does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project
component shall only be made with board approval.
All improvements specified in Section 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
contract for improvements with the lowest, responsive and qualified bidder. Contract
administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall
have access to all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the perfoimance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for
eligible costs, and all disbursements requests must be limited to the amount needed at the time of
the request. Invoices for work performed are required every month. SUBRECIPIENT may
expend funds only for allowable costs resulting from obligations incurred during the term of this
agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not
yet prepared to send the required backup, a SO invoice will be required. Explanations will be
required if two consecutive months of SO invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but, not more frequently than once per
month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of
service required by this agreement. Final invoices are due no later than 90 days after the end of
the agreement. Work performed during the term of the program but not invoiced within 90 days
without written authorization 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. The
extension must be authorized prior to the expiration of the agreement. The extension must be
authorized in writing by formal letter to the Subrecipienu No payment will be made until
approved by Hl-IVS for grant compliance and adherence to any and all applicable local, state or
Federal requirements. Payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment pct.'
1.5 COST PRINCIPLES
Payments to the Grantee are governed by the Federal grants management rale for cost
liowahility found at 74 CFR 85.77 (74 CFR 84.27 for nonprofit recipients). 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
Grantee can only incur direct costs that may be attributed specifically to the projects referenced
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above. The Grantee must provide adequate documentation for validating costs incurred.
Payments to Grantee's contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as applicable. Allowable
costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles
for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit
recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non-Profit
Organizations. Allowable costs incurred by procured private contractors shall be in
compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A
SUBRECIPIENT is not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is
Subject to 24 CFR Part 85 and may impose requirements upon the SUBRECIPIENT in order for
the County to remain compliant with its obligation to follow 24 CFR Part 85. 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 or the Admin Plan.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto:RosalvlunozCd,Collicreov.net
239-732-5713
S 'B.RECIPIENT ATTENTION: Kirk Zaremba and Ellie Roberts
United Cerebral Palsy of Southwest Florida, Inc.
9040 Sunset Drive
Miami, FL 33173
mailto:kzarembaEsunriseeroup.ort
ero Bert sx;.sunri searoup.ore
305-273-3055 & 239-643-5338 Ext 101
PART H
GRANT CONTROL REQUIREMENTS
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2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits and OMB Circular A-133.
2.2 RECORDS AND DOCUMENTATION
The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.502
and 570.506 to determine compliance with the requirements of this Agreement, the CDBG
Program and all other applicable laws and regulations. This documentation shall include, but not
be limited to, the following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and
necessarily would be required by COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records and
other data procedures developed, prepared, assembled, or completed by the
Subrecipient for the purpose of this Agreement shall be made available to the
COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or
HHVS. 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
ProYrarn 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 ser,,ices, and other costs and expenses of whatever nature for which
reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to HHVS
if requested. In any event the SUBRECIPIENT shall keep all documents and
records in an orecrlY fashion in a readily accessible, permanent and secured
location for three (3) years after the date of submission of the annual performance
and evaluation report, as prescribed in 24 CFR 91.520 with the following
exception: if any litigation. claim or audit is started before the expiration date of
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the three (3) year period, the records will be maintained until all litigation, claim
or audit findings involving these records are resolved. The COUNTY shall be
informed in writing if an agency ceases to exist after closeout of this Agreement
of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet
all requirements for retaining public records and transfer, at no cost, to COUNTY
all public records in possession of the SUBRECIPIENT upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible
with the information technology systems of the public agency.
E. The SUBRECIPIENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews,
Davis-Bacon wage rates, and administrative cross-referencing. SUBRECI.PIENT
shall maintain records showing contractor compliance with the Contract Work
Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain
records showing compliance with federal purchasing requirements and with other
federal requirements for grant implementation.
F. The SUBRECIPIENT will be responsible for the creation and maintenance of
income eligible files on clients served and documentation that all households are
eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HH:VS
shall be the final arbiter on the SUBRECIPIENT's compliance.
0. The SUBRECIPIENT shall document how the National Objective(s) as defined in
24CFR 570.208 and the eligibility requirernent(s) under which funding has been
received, have been met. These also include special requirements such as
necessary and appropriate determinations as defined in 24 CFR 570.208, income
certification, and written Agreements with beneficiaries, where applicable.
H. SUBRECIPIENT shall provide the public with access to public records on the
same terms and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law. SUBRECIPIENT shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements
are not disclosed except as authorized by law.
2.3 MONITORING
During, the term. SUBRECIPIENT shall submit an annual audit report and monitoring
report (Exhibit F) to the COUNTY no later than one hundred eighty (180) days after the
UBREC1PIENT's fiscal year end. The COUNTY i V, l conduc. an annual financial and
programmatic.review.
The SUBRECIPIENT agrees that I-IHVS will carry out no less than one (I) annual on-site
monitoring visit and evaluation u. - v: t<s as determined necessary. At the COUN ` .s discretion.
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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 HHVS, submit information and status reports required by HHVS or HUD to
enable HHVS to evaluate said progress and to allow for completion of reports required. The
SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHVS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this contract. Substandard
performance as determined by the COUNTY will constitute noncompliance with this Agreement.
If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY, contract suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement.
2.4 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this contract. Penalties may be imposed for failures to
implement or to make acceptable progress on such corrective action plans.
In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS'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 Department within 15
days following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be
held until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded {rant amount
be returned to the Department.
o The County may require upwards of five percent (5%) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
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o The entity may be considered in violation of Resolution No. 2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non-compliance by certified mail; the Department may require a portion
of the awarded grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Department.
o The Department may require upwards of ten percent (10%) of the acquisition
amount be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity will be considered in violation of Resolution No. 2013-228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay all funds disbursed by the County for project that was
terminated. This includes the amount invested by the County for the initial
acquisition of the properties.
o The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Department and is found to be non-
compliant, the above sanctions may be imposed across all iiwaral at the discretion of the Board
of County Commissioners.
2.5 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to
this Agreement as deemed necessary by the County Manager or designee.
During the tern, SUBRFCIPIF:NT shall submit quarterly progress reports to the
COUNTY en the 10th day of Jarman', April. July and October respectively for the prior quarter
period end. As part of the report submitted ire October. the SLBRECIPIEN T also agrees to
include, a comprehensive final report covering= the agreed-upon Pro ;ram objectives. activities
and expenditures and including, but not limited to, performance data on client teedbael: with
respect to the goals and objectives set forth in Exhibits "C" and "D". Exhibits "C" and "D"
contain an exam ie repotting form to be used in fulfillment of this requirement. Other reporting
requirements may be required h\' the County Manager or their desicnee in the event of Proer an
changes: the need for additional information or documentation arises; andlor is ati\'L
amendments are enacted. Reports andior requested documentation not received by the due date
shall be considered delinquent and may be cause for default and terminatio n of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and
judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is not required to follow federal procurement and (4) for
SUBRECIPIENT's revenue generated is not considered program income. The CDBG program
was funded through the Housing and Community Development Act of 1974. The
SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws,
regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than supplant
funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employerlemployee 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 contactor.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Anreernent at any time provided that
such amendments make specific reference o this Agreement, and are executed in v,Titun.., signed
by a duly authorized representc' of each organization, and approved by the Grantee's
-20Ver.Z1rnit body, Such amendments not invalidate this Agreement. nor reli'ev'e or release the
Grantee or SUBRECIPIENT from its obliGgata is under this Agreement.
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The COUNTY may, in its discretion, amend this Agreement to conform with Federal,
state or local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or schedule
of the activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both Grantee and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG grant funds from HUD
and must be implemented in full compliance with all of HUD's rules and regulations and any
agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement.
In the event of curtailment or non-production of said federal funds, the financial sources
necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be
available. In that event, the COUNTY may terminate this Agreement, which termination shall be
effective as of the date that it is determined by the County Manager or designee, in his-her sole
discretion and judgment, that the funds are no longer available. In the event of such termination,
the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any
individual member of the County Commissioners and /or County Administration, personally
liable for the performance of this Agreement, and the COUNTY shall be released from any
further liability to SUBRECIPIENNT under the terms of this Agreement. There are no funds being
granted in association with 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 vlongful 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 parry 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 andJor
expiration of thi Agreement. This section does not pertain to any incident arising from the sole
neg=lit en_c of Collier County. The foregollic' indemnification shall not constitute a W"ai\`er C
sovereign iMITILlili t.' bes'ond the limits set forth in Section 768.28. ffoiicta Statzites. This Section
shall survive the expiration of termination of this agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
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The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar
public notices prepared and released by the SUB RECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.43, 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 SUBRECIPIENI` 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;
�;.
ineffective or improper use of funds provided
under this Agreement; or
L. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or
incomplete in any material respect.
F. Submission by the SUBRECIPIEN T of any false certification;
Failure to Yate_�a .�� comply with any terms of this Agreement: and
C
Failure to materially comply with the terms of k other agreement between the
County and the SUBRECIPIENT relating to the proiect.
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In the event of any default by SUBRECIPIENT under this Agreement, the County may
seek any combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part;
B. Require the use of or change in professional property management;
C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG
funds SUBRECIPIENT has received under this Agreement;
D. Apply sanctions 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 and in addition to any and all other
remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds
per 24 CFR 570.503(h)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of
the funds or property, as the COUNTY may deem necessary.
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this
Agreement until ali insurance required as outlined in Exhibit "A" has been obtained, and
carried, at all times durinz. its performance,
3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform th e Scope of Work in compliance with the
Grant
Budget and the Scope of Work (Part I . the Uniform Administrative Requirements for Grants and
Cooperative Agreements to Brace, I_:ocai and FedcralK Recognized Indian Tribal Governments
CFR Part 85), and the federal regulations for the Community Development Block Grants (24
CFR 570 et sec.)
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3.12 PURCHASING
SUBRECIPIENT's are required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the thresholds of Collier County
Purchasing Policy.
Purchasing Threshold Policy
Dollar Range (5) Quotes
Under $3K 1 Written Quote
$3K to $50K 3 Written. Quotes
Request for Proposal (RFP)
Above $50K Invitation for Bid (IFB)
3.13 PROGRAM-GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the
COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and
shall be in compliance with 24 CFR 570.503(c) in the operation of the Program.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The County may close out the project with the SUBRECIPIENT
after the five (5) year period has been met. 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 IX.B.4.. the SUBRECIPIENT shall comply with Section 119.021 Florida
Statutes regarrdine 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 whic h the SUBRECIPIENT is entitled under the terms and conditions of this
Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records
and irllormation that complies with Section 215.97. Florida Single Audit Act.
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 io, discrimination under and activity ii. cmiied out by the performance. of this .t r cc:.le It
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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 inate this
Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED
BUSINESS ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this contract, the terms "small
business" means a business that meets the criteria set forth in section 3(a) of the Small Business
Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a
business at least fifty-one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
American Indians. The SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and female business enterprises in lieu of an independent
investigation.
3.17 PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUH or serves beneficiaries countywide, more than thirty percent (30%) of the
beneficiaries directly assisted under this Agreement must reside in unincorporated Collier
County or in municipalities participating in the County's Urban County Qualification Program.
The project shall assist beneficiaries as defined above for the time period designated in Exhibits
"C and D" of this Agreement.
3.18 AFFIRM TIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the
COUNTY'Y s specifications an Affirmative Action Program in keeping with the principles as
provided in President's Executive Order 11246 of September 24, 196 The COUNTY shall
t�..�.1.�x.t 1 r �i_ v. Cell
provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of
such program. The SUBRECIPIENT shall s?ubmit a plan for an Affirmative Action Program for
ppro','al rior to the aWard o f funds, The Affirmative Action will need to be updated hr011'fhoat
the five year period and submitted to County within 30 days ofupdcte/modification.
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3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with the Project, has any personal financial
interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any
manner or degree with the performance of this Agreement and that no person having any conflict
of interest shall be employed by or subcontracted by the SUBRECIPIENT. The
SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict
of Interest", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate-
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered person
or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY
may review the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole
discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the
projects using its own employees. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however,
that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the
basis of religion_. and will not limit employment or give preference e3.erence 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 prc,erel;e to p ersons on the basis of
I eligion.
It will local governments and may
... ..� F!.':�wlx IVLClAr,. its independence from Federal, State Gil4: 4 � uw
continue to Canny out its mission, including the definition, practice and expression of
its religious beliefs. provided that it does not use direct CDBG funds to support any
inherently religious activities, suc h as worship, religions instruction or proselytizing.
d. The funds shall not be used for the acquisition, constriction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is us'e,.. for both eligible and Inbercnuy religious activities, CDBG
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funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
or other rooms that a CDBG funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG funded improvements.
3.21 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.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
http://www.law.comell.edulcfr/text/24/part-570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
http://www.ecfr.gov/egi-binitext-
idx?c—ecfr&tp1=/ecfrbrowse/Title24/24cfr58 main 02.tpl
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended
littp://portal.hud.gov/hudoortal/HUD?src=/program offices/fair housing equal opp/FH
Laws/109
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair
Housing Act. http://www.hud.g,ov/offices/fheollibrarviliuddojstatement.pdf
E.O. 11063 —Equal Opportunity in Housing
http://portal.hud.govItudportalillUD?src=iprogram offices/fair housing equal qpp/FH
Laws/EX011063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http://www.archives.gov/federal-reai ster/cociificationi executive-order/12259.html
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http://v,-ww.law.cornell.edulefritext/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
hrtp://portal.hud.twv/hudportal/HUD?sre=iprol.trarn offices/fair housinc equal oppforoq
desc/title8
4.6 24 CFP, 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housiria
http:!,wwvv.c,p0.00v/fdsys,oko/CFR-7007-iitIC4-vol3.pdfiCFR-2007-iitle24-voi2-
sec570-607.ndf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive
Orders 1127 and - which establishes hiring aalt) for minorities and women on
projects assisted with federal `Lind, and as supplemented in Department of Labor
recnilathmts. 72;0 11246: littr: 'wv,-,,v.etioc.(iov'e-02'histh-v iithilthelawieo-11246.htini
1175 and 12086: see item ;48 below
4.8 Title VII of the 1968 Civil Rionts Act as amended by the Equal Employment Opportunity
Aril of 1977. 47 T TC1C. 2000 . s'2C? The c1,1.71-11Feiti'(111P117l\TT will, in all solicitations or
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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.aov/laws/statutes/titlevii.cfm
4.9 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of
the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24
CFR 135, and all applicable rules and orders issued hereunder prior to the execution of
this contract, shall be a condition of the Federal financial assistance provided under this
contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these
requirements shall subject the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to
those sanctions specified by the Agreement through which Federal assistance is provided.
The SUBRECIPIENT certifies and agrees that no contractual or other disability exists
that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low- and very
low-income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns that provide
economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards), housing construction, or other public
construction project are given to low- and very lows-income persons residing within the
metropolitan area in which the CDBC3-funded project Is. located: where Ieasible., priority
should be given to low- and very low-income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low-
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction. or other public construction project to
business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CD3G-funded prcleot is
located; where ieasibl; priority should be .livn t o, business concerns that provide
economic opportunities to low- and e'er low-income residents: within the service area or
the neighborhood in which the project is located, and to low- and very low-income
;ar.cipants in other HUD programs.
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements. http://www.ecfr.uov/cRi-
bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tpl
4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 1 1478, 12107 and 12086.
Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age act.htm
11063:http://portal.hud.gov/hu portal/HUD?src=/program offices/fair housing equal o
pp/FHLaws/EXO11063
11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
11375: Amended by EO 11478
11478: http://www.archives.uov/federal-register/codification/executive-order/11478.htm.1
12107: http://ww w.archives.gov/federal-register/codification/executive-order/12107.html
12086: http://www.archives,gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
http://usaceengineerinapamplets2.tpub.com/EP-1 180-1-1!EP-1180-1-10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614
Subpart K.
Section 504: http://w-ww.epa.aov/civilrights/sec504.htm
29 USC 776: http://law.onecle.com/uscode/29/776.html
24 CFR 570.614: hnp://www.law.cornelLedu/cfritext/24/570.614
4.13 The Americans with Disabilities Act of 1990
htrl ih v.fhw i.,dot.eov/realestate/ua index.htIn
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. http://www.fhwa.dot.gov/realestate/ualindex.htm
4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and
the use of apprentices and trainees on federally assisted projects as mandated by the
Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded
by C D130 (See 42 USC 276a and 24 CFR 135.1 Uc
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work
Financed in whole or in part by Loans or Grants from the United States-
'�
http./'w j.law,cornell edu/cfritext'^.r ipartt-3
'S9 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (Also Labor Standards Provision Applicable
...Subject to the Contract Work Hours and Safely Standards Act)
httr: .wyckv, a. o_};..l .e:111 cf 'ie t 2Plaa,rt-"`
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Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. http://w-ww.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 -which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a
national program for minority business enterprise http://www.mbda.gov/node/333
HUD Circular Letter 79-45:No reference found
4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
570.607, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 570.607: http://www.gpo.gov/fdsys/pki/CFR-2010-title24-vol3/ndf/CFR-2010-
title24-vol3-sec570-608.pdf
E.O. 13279: http://fedu.ovcontracts.com/oe02-192.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
]Ott p://www.ncbi.nlm.nih.gov/pubmed/12289709
4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education. Hospitals and Other Non-Profit Organizations and
specified by the following subsections: http://www.iaw.comell.eduicfritext/24/part-84
• Subpart A -General;
• Subpart B - Pre-Award Requirements, except for 84.1 2, Forms for Applying for
Federal Assistance;
• Subpart C-Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to SUBRECTPIENT's:
o Section 84.23, Cost Sharing and IA/latching;
o Section 84.24, Program l'v onife - in lieu of 84.2: CD13(; SUERLCIPIENT's
shall follow ..70.504
o Section 84.25. Revision of i3udoet and Program Plans:
o Section 84.32 Real Property - In lieu of 84.32, CDI3fx St_BRI CIPIE \T..s
shall follow 570.505;
• S::cuon r>4.3=11 L7), Equipm nt- In lieu of the disposition provisions of 8 4(e,
the following applies:
In all cases in which equipment is sold, the proceeds shall be program
income €pr rated to reflect the extent to Saki CDBC runes were
used to acquire the e;uipmcntl. and
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■ Equipment not needed by the SUBRECIPIENT for CDBG activities
shall be transferred to the recipient for the CDBG program or shall be
retained after compensating the recipient;
o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
o Section 84.52, Financial Reporting;
a Section 84.53(b), Retention and Access Requirements for Records. Section
84.53(b) applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual
CDBG activities shall be six years; and
• The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the
award;
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG
SUBRECIPIENT's shall comply with 570.503(b)(7); and
• Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures
4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for sub recipients that are governmental entities.
http://www.ecfr.govlcgi-bi n'text-
idx?c=ecfr&tnl=/ecfrbrowse/Titie24//24cfr85 main 02.tp1
4.21 Immigration Reform and Control Act of 1986
littp://www.eeoc.govieeoc/historv/35thithelawitirca..html
history'35th/theiaw;'irca.html
4.22 Prohibition Of Gifts To County Employees -No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, sern'ice 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.comilaw/statelfloridelstatutesillorida_statutes chapter_ 12 nart
Collier County -
l s ; ' cct 6`D T TI.� l bor'f MA ,°.lured°'c�..�0Documents?L.`E A%20_ 3 I
lttt;.' 1 cc�n0" Itc.L�tr ory . _ d .
1.1 'o2.OStandards°,'o20of%70 '.onduct naf
2 Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the A 4zreenient shall take precedence over the terms
of all other Contract Documents,nts, exceI t the terms of any Supplemental Conditions shall
take precedence over the, Agreement. To the extent any conflict in the 'terms of the
v
n,(ntia'.t Documents :=C i br.+C_ et application of the Supplemental Q. ui i77*. is
a ny, or the .>w eernon . the cc rf ic' shall be re-solved b- t r spo.s ng the more o :�s
t=y
obh`uatuon under the Contract Documents upon the Contractor at Ow72er s discretion.
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4.24 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).
4.25 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 RIGI-ITS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
http://www.fl senate..cov/LawsJStatutes/2010/44.102
4.26 The SUBRECIPIENT agrees to comply with the fallowing requirements:
a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.eduiuscode'text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
hug:i/www, ,cornel1.edu'uscode/texii3;/chapter-26
4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained. If
appropr at:., a letter of map amendment (LOMA may be obtained from FEMA, which
would satisfy this requirement andor reduce the cost of said flood insurance.
litto 'vv—w\\_Lcfr.eo _g "ITt!tr
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t�. tCx..nCi�tf;-
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4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead-
Ba`ied Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart. K.
littp://www.eefr,ti /ce} hln!t.axs:
^ 'bcc. 7 hOhS _rr —, C� L
iC`;:c,=e4.rr.+;,:�iL,—eJa4(ti?tiF ;�2822d1�Q`�'�:��1* ,..,c.`'.t�.�k.;..t�t�.,,�Fz1 tl'�'a.>c�..,,;.3,,-._tex6er,o.:: -2
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4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement.
http://www.nps.eov/historv/1 oral-1 aw/nhpa 1966.htm
http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02.tpl
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a federal, state or local historic property list.
http://www.nns..gov/historv/local-law/nhpa1966.htm
4.30 The SUBRECIPIENT must certify that it will provide drug-free workplaces in
accordance with the Drug-Free Workplace Act of 1988 (41 USC 701).
http://us-code.v lex.com/vid/drug-free-workplace-requirements-contractors-19242870
4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in
this covered transaction as outlined in 24 CFR 570.609, Subpart K.
//www,ec r.fgov/Ggi- Iii%text-
idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56€.rgn=div8&viev■=text&node=2
4:3.1.1.3.4.1 1.1.10&idrio 24
4.32 The SUBRECIPIENT agrees to comply with the following 01v4B Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
States. local governments. and Indian Tribes follow;
• A-87 for Cost Principles
• A-102 for Administrative Requirements
Educational Institutions (even if nap of a State or local government) follow'
• A-21 for Cost Principles
• -110 for Administrative Requirements
Non-Profit Organizations follow:
• A-'-,_2 for Cost Principles
• A-110 for Administrative Requirements
01\49 Circular AFT: : 'v' .4 hit.zho T ` Ct Ii r .:1 1 a.. ; 200
}MB Circulaa,. A 1 02:1-inn whitehouse.2o v'0mb/circulars al 02
'0MMB Circular A21.``htitn_'•:":'t lR1 ,whitehou.se.cov'omb/circulars a021 2004-'
OMB Ciicula: Al l0.ntt .. wSvy'v 4thitYeh. `Suss ucviomb/ ircuiars al 10:
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OMB Circular A122: httn://www.whitehouse.gov/omb/circulars a122 2004/
4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of OMB A-133,
Audits of States. Local Governments, and Non-Profit Organizations. If this Agreement is
closed out prior to the receipt of an audit report, the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
http://www.whitehouse.CIov/omb/circulars/a133 compliance supplement 2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the
cost certification of costs performed by a certified public accountant. This has always
been an eligible cost; the amendment clarifies and codifies this.
http://www.law.cornell.edu/cfr/text/24/92.206
4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR
24.101, shall be subject to the provisions of CDBG including, but not limited to, the
provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG
funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
httn://www.fhwa.dot.gov/realestate/ualindex.htm
http://v,ww.law.cornell.edu/cfr/text/49/24.101
httpJ/cir.vlex.com!vid./5 70-505-use.-real-nrope tv-19928754
4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof: This
notice is required by § 287.1:3 (3) (a), Florida Statutes,
t.... +fio_.a%.tatu< 'Iorida u 287-
F^���t}vt 1.:i 4"t�.}i:11�4..1.4.'Ffa.'L�41 CG2.',.:�il_�111.1G:4'.a{QI.lS.t4,l t.}S_'i kllGt :1t4i.t+t w.�1 l.33
No Federal appropriated funds have been said 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 malting of any Federal grant, the making of any Federal loan, the entering
into of any cooperative 3eree;7:2 . and the extension. continuation, rene wal. amendment,
or modifcatIon of any Federal contract. grant, loan, or cooperative agreement.
If and funds other than Federal appropriated funds have been paid or will be paid to any
n
person for in ,encine or attempting. to influence an officer or employee of any agency, a
UNITED CEREBRAL PALSY OF SW FLORIDA..
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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
SUBRECIPIENT's shall certify and disclose accordingly.
4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.38 Any rule or regulation determined to be applicable by HUD.
4.39 Florida Statutes 713.20, Part 1, Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfin?Anp mode=Displav Statute&URL=O700-
0799/0713/0713.html
4.40 Florida Statutes 119.021 Records Retention
http://www.lawserver.com/law/state/florida/statutes/florida statutes 119-021
4.41 Florida Statutes, 119.071, Contracts and Public Records
http://w'ww.leu.state.fl.us/Statutes/index.cfin?Aop mode=Display Statute&URL=0100-
0199/0119/Sections/0119.07.html
(Signature Page to 1 oli w`i
UNITED CEREBRAL PALSY OF SW FLORIDA,I;NC:,
CORE CDI4-45PS
TR SPQR ATION SERVICES a a
A
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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 or OUN1 tOMMISSIONERS OF
DWIGHT E.BROCK,CLERK COLLIES
TOM HENNING,CHAIRMAN
Attest as to Chaim*. 'Clerk
signature only; s I UNITED CEREBRAL PALSY OF SOUTHWEST
Dated; cllaq FLORIDA. INC.
(SEAL)
By: A AEI .a1
Jmes , eeks,PhD/ .lief Financial Officer
• /
Altp,
Witzess
art7e), 197-aelptc-cr1(,'"
Name and Title
Witaes,
Name and Tide
Approved as to form and lcgalmty:
Ai.
Jeow or A. Beipt:410,
ss taut Cour;ty Attornev
JNriEO CEP.ritn, PALS orvJ roaR
`1113-;
CrP (-Es
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PART V
EXHIBITS
EXHIBIT"A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, cio Housing, Human and Veteran
Services Department, 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 Iniury and Property
Damage. Collier County shall be named as an additional insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in I — 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 qny person employed by the SUBRECIPIENT in
r
connection with this contract. This insurance shalll 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.
CONF'I'R. 1C71ON 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 11d,ctuthw the toliov"in"g types of
insurance ;over ae'e prior to any con>truction:
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)
uHrrEr,CEREBRAL PALSY or Slog FLOP.Ii}A,INC.
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or structure(s). The policy shall be in the name of Collier County and the
SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in
an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance
must be kept in force throughout the duration of the loan andior 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
S1,000,000 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.LM.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.1.M.A.
uNTTED C'FREi Rid..PALSY OF SVv FLORIDA.,INC.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: United Cerebral Palsy of Southwest Florida. Inc. (UCP)
Sub recipient Mailing Address: 9040 Sunset Drive. Miami, FL 33173
Project Name: United Cerebral Palsy Transportation Services
Agreement No: CD14-05PS Payment Request #
Total Payment Minus Retainage: S
Period of Availability: through
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of'Foday"s Request
6. 10% Rctainacie Amount Withheld
7. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
I certif:, that this request for payment has been drawn in accordance with the terms and conditions
01 the Agreement .een the >L Ni and us as the SUBRECIPIENT. To the nest of-my Uov,iedge
and belief. al: aTant requirements have been fcilowed,
Sionature Date
the
Gram Coordinator Grant Accountant
Supt-visor tapprocci required 5.000 and above)
Dent Direztor abrrova: required S15,000 and above)
CEREBRA M.PALS\ Or DV' FLORIDA.INC.
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EXHIBIT "C"
REPORTING SCHEDULE
The SUBRECIPIENT shall submit quarterly reports to Grantee based on the following schedule.
Reports shall be submitted according to this schedule as long as this Agreement is in force:
Activity Reporting Period Report Due Date
October 1"—December 31' January 10th
January 3 I'—March 31" April 10th
April 1"—June 30th July 10th
, July 15f—September 30th October 10th
SUBRECIPIENT AGREEMENT
TRANSPORTATION SERVICES
Date Submitted:
Activity Reporting Period:
Contact Person:
Telephone: Email:
GENERAL
:.
Activity Status or Milestones — describe any significant actions taken or outcomes
achieved during this reporting period.
2. 'Future e Acticns — what a` cr.if cant actions or outcomes are expected durin2 the next
repcirtmg peiiod?
iiNiTED CEREBRAL PALSY OF SW FLORIDA.
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3. Obstacles—describe any potential obstacles, challenges, or issues that may cause delay.
ACTIVITY STATUS
Complete the following information by entering the appropriate numbers for this reporting
period in the tables below. Do not duplicate information from previous reporting periods.
Activity This Reporting.Period
No. Active Projects
No. Projects Complete
No. Properties Demolished
No. Properties Sold
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Household Data This Reporting Period
No. Extremely-Low Income Households(0-30%AIM)
No. Very-Low income Households(31-50% ANTI)
No. Low-Income Households (51-80% AMIl
No. Moderate-Income Households(81-120% AMI)
No. Female Head of Households I f
TOTAL
RACE AND ETHNICITY BENEFICIARIES
Rack Total No.Hispanic
White �.,
Black or African American
Asian
L American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian;'1 taska Native and White
Asian and White —i
BiackiAfrican American and White
American Indian Alaskan Native and Black:/African American
Other luii Racial
TOTAL
U 4ITED CEREBRAL PALSY OF SW FLORIDA,
CDRG CDi4-95PS
rRAi,isr'owi 4TION SERVICES P 2e 3,3 oi 4(1
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EXHIBIT "D"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
Grantee is required to submit to HUD, through the Integrated Disbursement and Information
System ("IDIS") Performance Reports. The County reports information on a quarterly basis. To
facilitate in the preparation of such reports, Subrecipient shall submit the information contained
herein within ten(10) days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORT
Sub-recipients: Please fill in the following shaded areas of the report
Agency Name: United Cerebnal Palsy of SpidthweSt Florida,Ina, Date: .._
Project Title: Transportation,Services
Alternate Ellje Roberts,Area
Program Contact: Kirk Zaremba,Corporate.Dill eclat'of(rams and l e el prneat Contact: Diregtor
Telephone Number: l,Piy)273-20.1,S5
"REPORT FOR QUARTER ENDING:(check one that applies to the
corresponding grant period): 0 12131/14 03130115 a..006130115 0 9130/15 0_,
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
Please list the outcome goal(s)from your approved application$sub-recipient agreement and indicate your progress in meeting
1. those goals since the beginning, the agreement.
A. Outcome Goals: list the outcome from s,aa a_ -_anc-5'.
Outcome 1: 12 pierisons w. l;dis.b.,,tes server,'
Outcome 2: Maintain staff and drivers to deliver the transportation program
Outcome ;
Outcome 4:
Outcome 5:
E.Goal Progress: iridlcate the progress to gate i°r7eetir':ea^;n outcome coat
Pv/TECI CEREBRAI.PALS1 O SW FL}RIDA.INC.
CDRC 0014-05PS 7
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. ._ ,-,,',.:7--1::_i.:=.---.:-..---f,..,--':_,-,..--.,f.-:::i=2,:.;,!-T.::',.;;; '';%.,''',.'-':', , • ' ,' .::::::-,-!'„:4,,_,-„,„„-,:-,-'',,,,,...;-',_, •-::.,;-_---'-'-',.:- -- ' - - , ''' ' - ' '. -
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. -' , ,..,..i.., must'subnl. tt4,- ''". "
' ,.1!__;'' ' ', '-':,...•.. - - - , ,, - • ,. . . .,behirtd.Fp140%,Ju,,,) . .,..
.. -,,.
, . 2 months
'.. oriiitlailm7le
is this pr._., r.0- --.
eiectitill in c.a'Tailli,T1c4", With, '!!/,' "--h-ed4le?If more 111 .7.
2. timeline for aPP val
•r ED
0
Yes No
- - '
_...,....
If no,
explain.
.. ._
.. . ,. .
assisted,how many....
1 2012 of the persons
3. Since October ,
Ice o
...now has improved
substandard? ,.,
a. now have new access -
ess(continuing)to this service or bbeenneefifitt?? ,00,
TOTAL: 0
b.
,. now d access to this service _ ,,,
c. receive a service or benefit that is no longer
. w ram ear? cDBG $
period l' r° HOPVVA -
$ S
4 hat
...
fondle sources are applied for this p S.
Section 108 Loan Guarantee
,„
:..30
^s
$ .
..:
Other 1,;onsolidated Plan Fun,„
_
HOME -
$
c4- er Fecicral Fetin:II:
-
Total
$
S'tate 'Loco!Funds
$
.Total Other Funds EnFttutinemdsent
EN:,
,AL PAL''- OF SW FLORIDA-
-- -E'' 4 0
,,. ,,, -,', 0- '-r.
.1-ag—-
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• . ,
5. What Is the total number of UNDUPLICATED clients served this quarter,If applicable?
a. Total No of adult females served: Total No of females served under 18: 0
b. Total No.of adult males served: Total No.of males served under 18:
TOTAL: 0 TOTAL: 0
c. Total No.of families served: Total No.of female head of household:
6. ,What is.the-total numberof UNDUPLICATED clients served since 000ber,If applicable?
a. Total number of adult females served:. .4.4 . .,-:Total number of females served under 18:
b. Total number of adult males served: Total number of males served under 18:
TOTAL: 0 TOTAL: 0
c. Total No.of families served* 11 Total No•of female head of household:
Complete EITHER question#7 OR#8.Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. !PRESUMED BENEFICIARY DATA r 8.
,OTHER BENEFICIARY DATA:INCOME RANGE
Indicate the total number of UNDUPLICATED
Indicate the total number of UNDUPLICATED persons
persons served since October 1 who fall Into
served since October 1 who fall Into each income
each presumed benefit category (the total
category(the total should equal the total in question#6):
should equal the total in question#6):
Report as: Report as:
• 0 Abused Children C xtrernely low Income(0-30%)
0 Horneiess Person 0 Low Income(31-50%)
• Battered Spouses .0 Moderate Income(51-80%)
• Persons w/HIV/AIDS 0 Abode Moderate Income(>54%)
O Elderly Persons
O Veteran!,
• Crronico.ai. Mentally II
O '..:31-,y±; Disabled Adults
O Otr,e.,-Y -it-,
TOTAL: 0 TOTAL: 0
9. 'Racial&Ethnic Date: (it apelleabie)
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
:of whom,how many are Hispanic?
Black/African Arr 0 of whom,how many are Hispanic?
ei C 0 of whom, how many are Hispanic?
American inction/Aosaa Lf 0 of whom, now many are Hispanic?
Native HawaliantOtrier Pacific ie an-c- 0 of wnerri, how many are Hispanic?
American indianiAlaitkaii Native L.- Y' 0 0 of whom,how many are Hispanic?
Filack:Ntrinan American S. 0 ownorn how many are Hispanic?
inoianiAlasica Native& ‘Pia.ca,Vitcar.Ariri 0 of whom, how many are Hispanic?
Omer of wnorri,how many are Hispanic?
Omer 0 0 .of whom.now many are HisPartic"
TSTAL: 0 0 TOTAL HISPANIC
Nam e. S.griaLire.
:our-eiecticici=
Tibe — signature
IINFLED CEREBRAL PAL'', OF SW FLORIDA.
0080 CD14-05PS
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EXHIBIT "E"
INCOME CERTIFICATION
INSTRUCTIONS
Complete form, and retain appropriate supporting documentation, prior to document providing
CDBG assistance to an eligible beneficiary. Please file in your organization's records and have
on hand for future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members I Relationship Age
4
1
2 1 1
3
4
5
6 1
7
8
B. Assets: All Household Members, Including Minors
Member Asset Description Cash Value ; Income
from Assets
2
1.
3
4
5
8
Total Cash Value of Assets Bow;
Total income from Assets B(b)
If line B;a)) is ar=pater than S5.000, multiply that amount by the rate specified
by HUD (applicable rate 2.0%)and enter results in B(c) otherwise leave
lank,
B(e)
UNITED CEREBRAL L PALSY OF SW'norunA.INC
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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)
8
Totals (a) (b) (c) (d) (e)
J
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 deteriuine maximum
income for eligibility. TIwe have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we certify that the statements are
true and complete to the best of my/our knowledge and belief and are given under penalty
of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or
liabili.ies relating to financial condition is a misdemeanor of the first decree and is punishable by fines and imprisonment
provided under S.775.082 and 775.083.
Sun:tare of Head of Household Date
Signature of Spouse or Co-Head ,f Household Date
Adult. It Household Member ; f applicable; Date
A.;`?al`, Household Member (if applicable) Date
UNITED CEREBRAL PALSY OF SW FLORIDA,INC.
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E. CDBG Grantee Statement: Based on the representations herein, the family or
individual(s) named in item A of this Income Certification is/are eligible under the
provisions of the CDBG Program. The family or individual(s)constitute(s) a:
Very-Low Income (VLI) Household means and individual or family whose
annual income does not exceed 30 percent of the area median income as
determined by the U.S. Department of Housing and Urban Development with
adjustments for household size.
(Maximum Income Limit$ )•
Low-Income (LI) Household means and individual or family whose annual
income does not exceed 50 percent of the area median income as determined by
the U.S. Department of Housing and Urban Development with adjustments for
household size.
(Maximum Income Limit $ ).
Moderate-Income (MOD) Household means and individual or family whose
annual income does not exceed 80 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 S ).
Based upon the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA) of Collier County, Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name
Title
F. Household Data
Number of Persons
By Race/Ethnicity g BY Age 1
— j Dative
American
1 i Hawaiian or White uth 1 0— 26— 41
Indian >tlYer 13C. er `}_ 40 61
Islander 1
i:4tl_i17:r'
i I
r4C`,F
1i5t7triiti
NOTE:E .r o ,..._„or ,, c ,r7 re rate ceh,r hi gotHo,o,Z, .,11.,, ._sl use o.niy o hcn_r:cra7 ._
our .0 i. su_t, 1YV:o,maiiotr tic' 6 ae.,, _s i0 X.. ... anc2 re.,�sa` to :4. eH H e1/ lb-:.t not: 'eek I any rig;ni He or
UNITED CEREBRAL I'ALS1”OF SW FLORID ,INC
CDBG CD14-0SPS
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EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in.
compliance with federal laws and regulations. _Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Subrecipient Name Fiscal Year
Period
Total State Financial Assistance Expended during $
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
recently completed Fiscal Year
Check Appropriate Boxes
i We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
❑ indicated above and expect to complete our Circular A-133 audit by . Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
management letter.
u We are not subject to the requirements of OMB Circular A-133 because we:
Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(11 findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
4 hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
This form ma y be used to monitor Florida Single Audit Act (Statute 215.9-71 requirements.
UNITED CEREBRAL PALS'OF SY,FLORIDA.,INC.
CDBG CDI4.05PS
TRA.NStOR1 AT1ON SERvIcEe Pao 40 of 40
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MEMORANDUM
Date: June 26, 2015
To: Geoffrey Magon, Grant Coordinator
Housing, Human & Veteran Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: 1st Amendment to Agreement between Collier County and United
Cerebral Palsy of SW Florida, Inc.
Grant #B-14-UC-12-0016
Attached are one (1) original of the document referenced above, (Item #16D17) approved
by the Board of County Commissioners on June 9, 2015.
An original Amendment has been kept in the Minutes & Records Department as part of
the Board's Official Records.
If you have any questions, please feel free to contact me at 239-252-7240.
Thank you.
Attachments i_!
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Grant#- B-14-UC-12-0016
CFDA/CSFA#- 14.218
Subrecipient — United Cerebral Palsy of
Southwest Florida, Inc. (UCP)
DUNS# - 078476765
Agreement# CD14-05PS
IDIS4- 484
FEID# - 59-1796622
Fiscal Year End: 6/30
Monitor End: 09/2015
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC.
THIS AMENDMENT is entered into this 1 day of WO 2015, by and between the
"United Cerebral Palsy of Southwest Florida, Inc." a private not-for-profit corporation existing under the
laws of the State of Florida, herein after referred to as "SUBRECIPIENT", having its principal office at 9040
Sunset Drive, Miami, FL 33173; and Collier County, Florida, having its principal address as 3339 E.
Tamiami Trail, Naples FL 34112, hereinafter to he referred to as "COUNTY", collectively stated as the
-PARTIES."
RECITALS
WHEREAS, on September 23, 2014, the COUNTY entered into an Agreement with the Community
Development Block Cirant Program funds to be used for foe Transportation Services Project (hereinafter
reforred to as th "Agreement"): and
'WHEREAS, the Parties desi,:e to amend the ,A2feZIIT:C111 to conform to the Department of Housing and
irban Development's CDI3G requirement regarding the records retention period,
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of v hich is hereby mutually actinowledged, the Parties agree to
amend the Agreement as follows:
are deleted; Words Underlined are added
Lc1 "Flt ,triiin and Diy,:un[etvictiol-2 , U ni:n-t2i[-!, anr:t[tici,,,-a
D compit'tinn of nil tvoi[1: contemplated under thls cop [i•[,, of[11: iincinn!ntiF,
anti[ n:idl.int2 :Ins [-l-tL[rt.-on-lent snall I t rntmaared to In !,:it[cin
liecp n11 docurnents and records in an orderi\ ice non :n pinaili:=
SO [ ktnd[[. ii
hq4e
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accessible. permanent and secured location Tor €three—( five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520
with the following exception: if any litigation, claim or audit is started before the expiration date
of the three (3) five (5) year period, the records will be maintained until all litigation, claim or
`t audit findings involving these records are resolved. The COUNTY shall be informed in writing if
an agency ceases to exist after closeout of this Agreement of the address where the records are to
be kept as outlined in 24 CFR 85.42. 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.
Part IV "General Provisions",Section 4.19 "Uniform Administrative Requirements", is hereby amended as
follows:
4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education. Hospitals and Other Non-Profit Organizations and specified by the following
subsections: htip://Www.lay,v.cornell.edu/cfr/text/241part-84
o SectIkin 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies
wifi the following exceptions:
1 r' The retention period referenced in 84.53(b) pertaining to individual CBBG activities
shall be three five years: and
period the submission e annual retention p,�,ioc� starts from to date or stibm.sitlri of tai,. �.ttt..tl tarfc,rmanc: and
evaluation report, as prescribed in 24 CFR 91.520. in which the specific activity is
reported on for the final time rather than om the date of submission of the Tina
expenditure report for the award:
ttSi2naturc l'a 'r' to Follovt
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IN WITNESS WHEREOF, the Subrecipient and the County. have each, respectively, by an authorized person
or agent, hereunder set their hands and seals on the date first written above,
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E I3ROCK, CLERK COLLIER COUNTY. FLORIDA
ta>: vq/t); " By:
■ TIM NANCE, CHAIRMAN
Dated:
Attest as to
signature only.
UNITED CEREBRAL PALSY OF SOUTHWEST
FLORIDA, INC.
By:/ 71:`
te"
p. WEEKS, PhDICHIEF NCIAL
OFFICEk FOR
UNITEI CEREBRAL PALSY OF
SOUTH VEST FLORIDA, INC.
Approved as to form and legality:
k> (7')
se:
r)
knnife:-7..:Belpedio
/,,ssiant County A torhey
o; V- Ficn/dn. In:
)II(I
-Tcnnnizy" Ln!
■
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Grant#- B-14-UC-12-0016
CFDA/CSFA# - 14.218
Subrecipient—United Cerebral Palsy of
Southwest Florida, Inc. (UCP)
Agreement#CD14-05PS
DUNS #- 078476765
IDIS#484
FETI # - 59-1796622
Fiscal Year End: 06/30
Monitor End: 09/2015
SECOND AMENDMENT TO THE AGREEMENT BETWEEN COLLIER COUNTY
AND
UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC.
THIS AMENDMENT is entered into this day of , 2015, by and between
the "United Cerebral Palsy of Southwest Florida, Inc.", a private not-for-profit corporation
existing under the laws of the State of Florida, herein after referred to as "Subrecipient", having
its principal office at 9040 Sunset Drive, Miami, FL 33173; and Collier County, Florida,
having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, hereinafter to be
referred to as "COUNTY", collectively stated as the "PARTIES."
WHEREAS, on September 23, 2014, the County entered into an agreement with the
Community Development Block Grant Program funds to be used for the Transportation
Services Project (hereinafter referred to as the "Agreement"); and
WHEREAS, the Parties desire to amend the Agreement to extend the project completion
date in order to achieve full expenditure of CDBG funds.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and
valuable consideration, the recipt and sufficiency of which is hereby the mutually acknowledged.
the Parties agree to amend the Agreement as follows:
Words Stuck Through are deleted; Words Underlined are added
Y X
* All references to iHousing, Human and Veteran Services ('Ht-I S) tnroua.hout agreement shall
now read Community and Human Services (CHS).
I15-GRC-0042611206395'1;
UNITED CEREBRAL PALSY OF SW FLORIDA,INC.
CDBG CDi4-05PS
TRANSPORTATION SERVICES
Amendment#2
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PART I
SCOPE OF WORK
1.3 TIME OF PERFORMANCE
Services of the Subrecipient shall start February 1, 2015 and shall end on September 30,
2014 October 31, 2015.
IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by
an authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
Bv:
, Deputy Clerk TIM NANCE, CHAIRMAN
Dated:
(SEAL)
_ UNITED CEREBRAL PALSY OF SOUTHWEST
Witness FLORIDA, INC.
Name and Title By:
James G. Weeks, PhD,VP-Secretary/Treasurer
Witness
Name aItd Title
Approved as to form and legality:
Jennifer A. Belpedio s
Assistant County Attorney c } ,��
CAN
!I S-CRC-00426/1206395'I j
UNITED CEREBRAL PALS\ or sw FLORIDA.INC.
CDBG CDE4-05PS
TRANSPORTATION SERVICES
Amendment#2
Page 2 of 2
y;
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MEMORANDUM
Date: September 29, 2014
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement with Community Assisted and Supported
Living for Rehab of Multi-Family Properties
Grant #M-14-UC-12-0217
Attached please find two original agreements for the item referenced above
(Agenda Item #16D1), approved by the Board of County Commissioners on
Tuesday, September 23, 2014.
The Minutes & Records Department will hold the third original as part of the
Board's Official Records.
If you have any questions, please feel free to contact me at 252-S411 .
Thank you.
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Grant#- M-14-UC-12-0217
CFDAJCSFA#- 14.239 i
SUBRECIPIENT—Community
Assisted and Supported Living,
Inc
Agreement#HM14-01
DUNS #-940621519
IDIS #492
FEID #-65-0869993
Fiscal Year End: 12/31
Monitoring Deadline: 10/2025
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. (CASL)
r
THIS AGREEMENT is made and entered into this Q3 ay of
M.'s , 2014, by and between Collier County, a political subdivision of the State of
Flo 'da, ("CO TTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail,
Naples FL 34112, and Community Assisted and Supported Living, Inc." a private not-for-
profit corporation existing under the laws of the State of Florida, having its principal office at
1401 16th Street,Sarasota, Florida 34236.
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 2014-2015 for
the HOME Program on June 24,2014, Agenda Item 16D8; and
WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan
for Federal Fiscal Year 2014-2015 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 T desire to provide the activities
specified in this Agreement, in ac cord with the 3`/roved One-Year Action Plan; and
WHEREAS, the COUNTY desires to eugaee the SUBRECIPIENT to implement such
undertalinas of the HOME Program as a valid and worthwhile County purpose.
NOW THEREFORE, in consideration ation of the mutual covenants and obligations herein
contained, the Parties agree as foiia s:
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HOME HM14-t)1
Rclmo"f multi family pr'optrticc
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PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any
standards required as a condition of providing HOME funds, as determined by Collier County
Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the
program as follows:
Project Component One: Building rehabilitation of multi-family housing for low to moderate
income adult individuals with disabilities.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to HHVS for approval a detailed project schedule for the completion of
the construction of the properties.
B. The following resolutions and policies must be adopted by the Subrecipient's
governing body within thirty(30) days of conveyance:
1. Fair Housing Policy
2. Marketing Plan
3. Fraud Policy
4. Affirmative Action/Equal Opportunity Policy
5. Conflict of Interest Policy
6. Equal Opportunity Policy
7. Residential Anti-displacement and Relocation Policy
8. Sexual Harassment Policy
9. Procedures for meeting the requirements set forth in Section 3 of the Housing
and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u)
10. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 TI.T.S.C. 794)
1.2 PROJECT DETAILS
A. Project Description/Budget
Activity Federal Funds L Match
I Project Component One Partial Funding for rehabilitation of S60,000
multi-family rental housing.
1 Match Minimum
Required match
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HOME HM14-01
Rehab of multi funnily properties
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25% of total
HOME award
Grand Total: $60,000 S15,000
The Subrecipient will accomplish the following project tasks:
Project Tasks
1. Maintain documentation and income data on all households served in
compliance with 24 CFR 92.508
2. Provide Quarterly reports on project status (Exhibit C and D) and meeting an
eligible activity.
3. Required attendance by a representative from Executive Management at
quarterly partnership meetings, as requested
4. Provide Site Design and Specifications, as applicable
5. Prepare Bid Specifications and Engineer's Cost Estimate, if applicable
6. Obtain Sealed Bids and provide associated procurement documentation
7. Submit invoices to HHVS for rehabilitation costs for each unit
8. Once rehabilitation has been completed, HHVS will provide a lien for each
unit assisted for a period associated to the amount of HOME assistance
provided by the County
9. Market Analysis
10. Project Proiorma prior to rehabilitation and updated at the completion of the
project
B. Income Requirements
Nominally all tenants must be at or less than 80% of AM1; but Program-wide Income
Targeting requires that 90% of rental families be at or less than 60% of AMI;
In projects with 5 or more HOME-assisted units, 20% of the units must be occupied
by families at or below 50% of AMI.: and Incomes of tenants must he certified
initially and recertified annually.
C. Project Outcome
The SUBRECIPIENT will be reimbursed for the partial rehabilitation of multi-fainily
rental properties and the SUBRECIIPIE, T shall assure that the units are occupied by
tenants that qualify, pursuant to parai_Traph B above, The units will be deed restricted
for the afibrdability period subject to dollar of HOME funds invested tted to each unit.
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D. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within thirty (30) days of
(Section 1.1) _ agreement Agreement Execution
HQS Inspections Inspection Form Prior to Occupancy and annually
thereafter until 2025
Insurance Insurance Certificate Exhibit A Annually within thirty (30) days
of renewal until 2025
Detailed Project Schedule Project Schedule Within thirty (30) days of
Agreement Execution
Project Plans And Specifications Site Plans and Rehabilitation Prior to start of Rehabilitation
Specifications
Income Documentation Exhibit E Prior to Occupancy and
recertification of tenants
annually thereafter until 2025
Submission of Progress Report Exhibit C&D Monthly until completion of
rehabilitation. Quarterly Reports
until fall occupancy. Annually
thereafter until 2025
Financial and Compliance Audit Exhibit F Annually one hundred eighty
(180) days after FY end until
2025
Continued Use Certification Continued Use Affidavit I Annually until 2025
Tenant leases Copy of lease document Prior to occupancy
1 Occupancy and Tenant Income I Occupancy/Vacancy Report Annually until 2025
Report and Rental Rate Report
E. Payment Deliverables
The Following Table Details the Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Project component One: Submission of ueporttin c Submission of monthly
Funding costs will include but documents must be provided as j invoices
not limited to the following backup as evidenced by contractor
expenses: rarrial funding, or schedule of values/invoices or
rehabilitation of multi-family equivalent, proof of permit close
rental housing. out, if applicable, banking
documents, canceled checks. and
any additional documents as
needed.
Final 1 i ' (6,000)000) 7 lea:s upon
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documentation/certification of
completion, final waiver of lien,
permit close, if applicable out and 4
units rehabilitated and satisfaction
of match requirement
Match Submission of supporting Quarterly
documents may also include cash or
in kind documentation; to include
canceled checks, banking
statements, invoices; additional
documentation may be requested
1.3 TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start effective the date of the execution of this
agreement and shall end on 30th day of September 2015. Rehabilitation activities shall be
completed by 2015 and the affordability period shall cease in 2025. 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.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available SIXTY THOUSAND DOLLARS ($60,000.00)
for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the
aforestated amount including, without limitation, any additional amounts included thereto as a
result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds").
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.
SUBRECIPIENTS are required to competitively bid and must ensure that every purchase
order or contract executed for federally-assisted projects comply with all other Federal
requirements and applicable LABOR provisions. SUBRECIPIENT must include in each contract
73D ^V rl 4010
',Alien contracting for services V. goods related�.to a Federal award.
Match Pursuant 24 (-7i^I: 97).218
Match is required for HOME fonds. The SUBRECIPIFI`' T is required to provide match funds
v,-hen Identified as an eligible Source, such as contributions to housing activities that qualify as
affordable lousing_: under the HOME prearam throughout a fiscal year. Contributions that have
been or o'iil Cie. counted as satlJ\ing a matching requirement of another Federal ara.nt or award
may not count as satisfying the matching contribution requirement for the HOME proggram.
Pursuant to Florida administrative Code 67-37.007 the State Housing. I.nitiati s es Partnership
ship
Program-1 funds may be used as required match for HOMF cl1 I"tl activities.
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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 HHVS.
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. Reimbursement will not occur if SUBRFCIPIENT fails to
perform the minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed
during the term of the program but not invoiced within 90 days without written authorization
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. The extension must be
authorized prior to the expiration of the agreement. The extension must be authorized in writing
by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant
compliance and adherence to any and all applicable local, state or Federal requirements. Payment
will be made upon receipt of a properly completed invoice and in compliance with §218.70,
Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the Grantee are governed by the Federal grants management rule for cost
allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). 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
Grantee can only incur direct costs that may be attributed specifically to the projects referenced
above. The Grantee must provide adequcte documentation for validating costs incurred.
Payments to Grantee's contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as appI.icable. Allowable
costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles
for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit
recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non-Profit
Organizations. Allowable costs incurred by procured private contractors shall be in
compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A Developer is
not subject to 24 CFR Part 84 and 24 CFl? Part 85, however the County is Subject to 24 CFR
Part 85 and maT' impose requirements upon the Developer in order for the County to remain
compliant with its obligation to follow 24 CFR Part 85. The Developer will use adequate internal
controls, and maintain necessary source documentation for all costs incurred and adhere to any
other accountin`g requirements included in this Aur eer2 ent.
1.6 NOTICES
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HOME H4MI4-01
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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 COUNTY ATTENTION: Priscilla Doria, Grant Coordinator
Collier County Government
Housing, Human&Veteran Services Department
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto:PriscillaDoria Colliergov.net
Phone: 239-252-5312
SUBRECIPIENT ATTENTION: Mr. J. Scott Eller, CEO
Community Assisted & Supported Living, Inc.
(CA SL)
1401 16th Street
Sarasota, FL 34236
Scott.ell er(i}renaissanceman or.ore
941-365-8645
PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or it,
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 and in compliance with 24 CFR 92.504.
Any deficie ncies not_d in audit reports must be fully cleared by the Grantee, Developer,
or Subreuipieni within 30 days after :receipt by the organization. Failure of the organization�,,.hii:_uLE i, ti.:
coninJV ',with the above audit requirements will constitute a violation of this contract and may
resuIt yr. the withholding,Jin, o' future pnvine_is. The Subrecipient hereby agrees to have an annual
af.ency audit conducted in accordance with, current Grantee policy concerning Subrecibient
audits and OMB Circular A-1 33.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT s all maintain sufficiera. records in accordance with 24 CFR
92.50S to determine compliance with the requirements o f this Agreement, the HOME Program
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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
HHVS. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this Agreement, including matching funds and
Program Income. These records shall be maintained to the extent of such detail as
will properly reflect all net costs, direct and indirect labor, materials, equipment,
supplies and services, and other costs and expenses of whatever nature for which
reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to I-IHVS
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 three (3) years after the date of submission of the annual performance
and evaluation report, as prescribed in 24 CFR 91.520 with the following
exception: if any litigation, claim or audit is started before the expiration date of
the three (3) year period, the records will be maintained until all litigation, claim
or audit findings involving these records are resolved. 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 24 CFR 85.42. 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 t_1 e COUNTY in a format that is compatible
with the information technology systems of the public agency.
The SUBRECIPTENT shall maintain records showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee interviews,
Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT
shall maintain records showing contractor compliance with the Contract Work
Hours and Work Safety ,Law. Similarly, the SUBRECIPIENT shall maintain
records showing compliance with federal purchasing requirements and with othtr
federal requirements for gTant implementation.
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F. The SUBRECIPIENT will be responsible for the creation and maintenance of
income eligible files on clients served and documentation that all households are
eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS
shall be the final arbiter on the SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall provide the public with access to public records on the
same terms and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law. SUBRECIPIENT shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements
are not disclosed except as authorized by law.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit report and monitoring
report (Exhibit F) to the COUNTY no later than one hundred eighty (180) days after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
The SUBRECIPIENT agrees that HHVS will 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. In addition, the COUNTY shall at a minimum, conduct inspections every two
years in accordance with 24 CFR 92.504(d)(i) and HQS inspections shall be completed in
accordance with 24 CFR 92.209(i). 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
HUNS, submit information and status reports required by HAYS or HUD to enable HITS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT
shall allow HI1VS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be
scheduled or unscheduled as deteunined by HHVS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regu ationc, and policies governing the funds provided under this contract. Substandard
determined ,the COUNTY constitute with this Agreement.
performance as lt...4v1.111f G'l�I t3�� the LV r11}�� will i.�'J1iJ Lt LLLLt, noncompliance vrl Lll L1ti.J -''.,rv4il.vise.
If corrective action is not taken by. the SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY,, contract Suspension or termination pIocedures 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 axreement.
2.4 CORRECTIVE A CTI ON
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Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this contract. Penalties may be imposed for failures to
implement or to make acceptable progress on such corrective action plans.
In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Recipients, Developers, or any entity receiving grant funds from HHVS. HHVS'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 Department within 15
days following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be
held until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded grant amount
be returned to the Department.
o The County may require upwards of five percent (5%) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
_> The entity may be considered in violation of Resolution No. 2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non-compliance by certified mail; the Department may require a portion
of the awarded grant amount or the amount of the HOME investment for acquisition
of the properties conveyed, be returned to the Department.
o The Department may require upwards of ten percent (10%) of the acquisition
amount be returned Cu the Department., at the discretion Of the Board of Countv
Commissioners.
o The entity will be considered in violation of Resolution No. 2013-228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
The Department will make a recommendation to the Board of County
Commissioners to trnfrtwdiatel4' terminate the aureeinc'nt or Cr0'itract. The Enna
Will be required to repay all funds disbursed by the County for protect that was
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terminated. This includes the amount invested by the County for the initial
acquisition of the properties.
o The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Department and is found to be non-
compliant, the above sanctions may be imposed across all awards at the discretion of the Board
of County Commissioners.
2.5 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to
this Agreement as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the I Oh day of January, April, July and October respectively for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to
include, a comprehensive final report covering the agreed-upon Program. objectives, activities
and expenditures and including, but not limited to, performance data on client feedback with
respect to the goals and objectives set forth in Exhibits "C and D". Exhibits "C and D"
contain 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.
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 COUNT Y's sole discretion and
ud°rnent
GENER.\.L COMPLIANCE
The SUBREC11PTENT a=rees to comply with the requirements of 24 CFR Part 92 of
HOME Investment Partnerships ips Program Grants including subpart H of these regulations, except
that (I) the SUBRECIPIENT does not assume the recipient's environmental responsibilities
described '' - �. P � J. �_ and "2" tn` S Rl FC 1ViE T o r_s not r;SSE?-n'° the recipient's
responsibility for initiating the review process under the firovisions of'74 CFR Pars 50 and 58.
The SUBRECIPIENT also agrees to corns v with all other applicable Federal, state and local
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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.
HOME FINAL RULE PROVISION: Due to the implementation of the HOME Rules
Published on 7-24-13, all new applicable regulations apply and are hereby incorporated by
reference.
3.3 EMPLOYER/EMPLOYEE RELATIONSHIP NOT CREATED
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 independent contractor of the County 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 independent of the County 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 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 tHUD
and must be implemented in full compliance with all of HU D's rules and regulations and any
agreement between COUNTY Ti" and HUD governing HOME ands pertaining to this Agreement.
in the event of curtailment or non-production of said federal funds, the financial sources
necessary to continue to pay the SUBRECTPIE NT 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 desiggnee, in his-he: sole
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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. There are no funds being
granted in association with this Subrecipient 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/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar
public notices prepared and released by the SUBRECIPIENT for, on behalf of and/or about the
Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY Y HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
R
�,n shall ap ar 5 the size letters or. type as the name of the SUBRECIPIENT, This `esign
ant appear in �.i.t:.� .s4A�1r1. .'Yt e. type
is intended to disseminate Ley information regarding the development team as well as
Equal Housing, - to the general public. Construction signs shall comp, with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
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In accordance with 24 CFR 85.43, 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;
C. Require immediate repayment by SUBRECIPIENT to the County of all HOME
k
funds the SUBRECIPIENT h as received under this Agreement
D. Apply sanctions set forth in 24 CFR 92, if determined by the County my to he
applicable;
E. Stop all payments until identified deficiencies are corrected:
F. Terminate this Agreement h=- giving writ.ter) notice to the SUBR ECIPIENT of
such termination and specifying hMng the effective date of such termination. If the
Agreement is terminated b ' the County as provided herein, SUBRECIPIENT
the � .a�II', �.� �._ ,11 IE,A'
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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), and the SUBRECIPIENT has not provided the required end
use beneficiaries, the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on
hand at the time of termination (or expiration) and any accounts receivable attributable to the use
of HOME.
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.
The County will enforce affordability for the property through deed restrictions upon completion
of the project.
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" has been
obtained, and carried, at all times during its performance.
3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant
Budget and the Scope of Work(Part I), the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State. Local and Federally Recognized Indian Tribal Governments
(24 CFR Part 85; Part 84 for non-profits), and the federal regulations for the HOME funds (24
CFR 92 et seq).
3.12 PURCHASING
SUBRECIPIENT's are required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
Ail purchasing for services and goons, including capital equipment, shall be made by
purchase order or ;;ryy a written_n contract and. in conformity with the thresholds of Collier County
Pitrchasinr' Policy `
Purchasing Threshold Policy
Dollar Range (S) Quotes
Under S SK j i Written Quote
$3K to €:~)QI:I. 3 Written Quotes
Request for Proposal (PJTP)
above S-SOl Invitation for Bid(17B)
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3.13 PROGRAM-GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the
COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and
shall be in compliance with 24 CFR 570.503(c) in the operation of the Program.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The SUBRECIPIENT may close out the project with the County
after the affordability period on each unit has been met. 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 IX.B.4, 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. The County requires a recorded Mortgage, Deed and Note for each
property upon completion of each HOME unit as applicable. SUBRECIPIENT shall execute any
additional documents and provide additional information as may be necessary for the County to
enter into these additional documents.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement
on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon
receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this
Agreement.
To the greatest extent feasible, lower-income resident:: of the project areas shall be give_
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 ? of the Housing and Community Development Act of 1968.
d 6 OPPORTUNITIES FOR SMALL AND MINOP..ITY/WOMEN-OWNED
BUSINESS ENTERPRISES
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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 AfroAmericans,
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
Funds invested in dwelling units that are assisted with HOME funds must be occupied by
households that qualify as low-income (=<80% of AMI) at the time of purchase and occupy the
property as a principal residence.
3.18 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the
COUNTY's specifications an Affirmative Action Program in keeping with the principles as
provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall
provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of
such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds. The Affirmative Action will need to be updated throughout
the affordability period and submitted to County within 30 days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with the Project, has any personal financial
interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any
manner or degree with the performance of this Agreement and that no person having any conflict
of interest shall be employed by or subcontracted by the SUBRECIPIENT. The
S UBREC1PIENT covenants that it will comply with all provisions of 24 CFR 92.356(f)
"Conflict of interest" and the. State and County: statutes, regulations, ordinance or 'e olutio)n
?_oveming conflicts of interest. . .ny possible confect of interest on the part of the
St. BRh;CIPIENT or its employees shall be disclosed in writing to HHV'S provided, however,
that this paragraph shall o. inteiprete-d in such a manner so as not to unreasonably impede the
aatatutory requirement that maximum op portunity be provided for emplorm.eni of and
participation of low and moderate-income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in w°ritina and seek COUNTY approval
prior to entering into any contract with an tntit` owned in whole or in part by a cowcred 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
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reasonable. Approval of a conflict 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 HHVS provided,however, that this paragraph shall
be interpreted in such a manner so an not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate
income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
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 definition, 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 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.
3,71 SE.VERBI.L,TTY
Should any provision of the Agreement be determined to be unenforceable or invalid,
t n shall affect V ` or 4" I.. l e any other rw c r
i
ti._,:�? .� iitit`.'.rn�,nntlt'�t, ���:1ti not uf�wti� the �'ft ld�t� o,. .°,i3a i3`�����l,l_Z' ,.,_. cure. i s.�� t,cn or rl=:�
thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 92 as amended- All the regulations regarding the HOME program
littp://wv,rw.ecfr.2ovic 2i-bj rt./text-
i dx?SID=c6cee34b7aabla869c49c1091cf69e98&node=24:1.1.1.1.41&ran=di v5
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
littp://www.ecfr.govicgi-bin/text-
idx?c=ecfr&tpl=lecfrbrowse/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. littp://www,hud.2ov/offices/fneo/librarv/huddoistatement.pdf
E.O. 11063 —Equal Opportunity in Housing
littp://portal..hud.2ov/hu.dportaltHUD?src=lproairant offices/fair housine equal opp/FH
LawslEX011063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http://v‘ww.archives.uov/federal-reaister/codificationlexecutive-order/I 2259.html
24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O.
intp://www.lav‘%cornell.eduicfrltext/24/part-107
4.3 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of
1968 as amended
http: port.:31.hud.amihuclportal/HUD?src—inroarain offices/fair 110U S1112 opniprog
de sc./6 tle8
4.6 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing,.
Executive Order 11246 ("Equal Employment Opportunity ), as amended by Executive
Orders 11375 and 12386 - which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor
regulations. EC: 11246: http://wwv,,,,eoc.E.ovieeocirbistorv,/35th/thelay.'iee.-11246.iitml
E-0 11375 and 12086: see item 418 below
Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act c..):f 197, 411 . SC 2 000e. s:?.q. The ST TBRECIPFNT in all solicitations or
advertisements for employees placed by or on behalf of the SUBRECIPIENT: state that it
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is an Equal Opportunity or Affirmative Action employer.
http:/! ww.eeoc.gov/laws/statutes/titlevii.cfm
4.9 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of
the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24
CFR 135, and all applicable rules and orders issued hereunder prior to the execution of
this contract, shall be a condition of the Federal financial assistance provided under this
contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
RECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements
shall subject the COUNTY, the SUBRECIPIENT and any of the RECIPIENT's Sub-
recipients and subcontractors, their successors and assigns, to those sanctions specified
by the Agreement through which Federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low- and very
low-income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns that provide
economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards), housing construction, or other public
construction project are given to low- and very low-income persons residing within the
metropolitan area in which the HOME-funded project is located; where feasible, priority
should be given to low- and very low-income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low-
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the HOME-fanded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low-income residents within the service area or
the neighborhood in which the project is located, and to low- and SUBRECIPIENT very
low-income panicipants in other HUD program:.
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements. http:// ww.ee r.aov/cgi-
hin/text-idx?c=ecfr&tpl=/ecfrbrov,,selTitle24!24cfr135 main 02.tpl
4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975 - http:%/www.dol.uov/oasam/reas/statutes/age act.htrn
11063:http://oortal.hud.2ov/hudporta1/HUD?src=/proaram_officestfair housing equal a
pp/FHLaws/EXO 11063
11246: http://www.eeoc.eov/eeoc/history/35th/thelaw/eo-I 1246.html
11375: Amended by EO 1 1478
11478: http://www.archives.gov/federal-register/codification/executive-order/11478.htmI
12107: http://www.archives.eov/federal-register/codification/executive-order/12107.html
12086: http://www.archives.aov/federal-register/codifi cation/executive-order/I2086.html
4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332.
http://usaceenaineerinapamplets2.tpub.com/EP-1180-1-.1/EP-1180-1-10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5), 24 CFR 92.251
Section 504: http://ww w.epa.eov/civilriehts/sec504.htm
29 USC 776: http://law.onecle.com/uscode/29/776.htmi
4.13 The Americans with Disabilities Act of 1990
http://www.fh
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. http://www.fhwa.dot.aov/realestate/uafindex.htln
4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and
the use of apprentices and trainees on federally assisted projects as mandated by the
Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded
by HOME. (See 42 USC 276a and 24 CFR 135.11(c).
29 CFR Part 3-Contractors and Subcontractors on public building or Public Work
Financed in whole or in part by Loans or Grants from the United States-
11 tip://www corn ell.cdu'cfr/te x tl2()/part-3
29 CFR Part 5-Labor Standards Pm visions Applicable to Contracts Covering* Federally
Financed and Assisted Construction (Also Labor Standards Provision Applicable
...Subject to the Contract Work Hours and Safety Standards Act)
d 'I�'1'i
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. lien_` ,_n.nresidenc .uc sb.cdu s nd nhp pi 2 67
f 1 4 ^h, t
4.16 Executive Order 1 1625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
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E.O. 11625 Prescribing additional arrangements for developing and coordinating a
national program for minority business enterprise httn://www.mbda.2ovinode/333
HUD Circular Letter 79-45:No reference found
4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 5
Subpart A, as revised by Executive Order 13279.
E.O. 13279: http://fedeovcontracts.com/pe02-192.htm
4.18 Public Law 100-430 -the Fair Housing Amendments Act of 1988.
http://www.ncbi.111m.nih.gov/pubmed/12289709
4.19 Immigration Reform and Control Act of 1986
http://www.eeoc.gov/eeoc/historv/35th/thelaw/irca.html
4.20 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.lawservcr.com./law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County -
httn://bccsp0l/SiteDirectory!ASD/HR/labor./CMAs/Shared%20Documents/CMA%205 31
1.1°o20Standards°%20ofl ,20Conduct.odf
4.21 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 teal's of the
Contract Documents cannot be resolved by application of the Supplemental Conditions, if
any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
4.22 Venue-Any suit of action brought by either party to this Agreement against the other
party relating to or arisin_. 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).
4.23 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
ctreement 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 the SUBRECLPIENT
with full de is(Oil i : na authority and by COUNTY'S staff person .,'i .3 would d rr''ak the
presentation of any settlement reached during negotiations to COUNTY for approval,
alling resolution. and prior to the commencement of depositions in any litigation
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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 RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
http://www.fl senate.aov;I aws/Statutes/2010/44.102
4.24 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.eciu/uscode/text/33/chapter-26
The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. htto://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
httn://www.law.cornell.eduluscode/textr'33/chapter-26
4.25 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. ,ttn:/ ww.ecfr.eovrcgi-
bin/te .t-
x'c-ecfr&:- irk=era401-db52 22 '`'C'S 'ia4 5 0b56 :.?'i=di`,', ;i'<t 1ext&no
:3.1.1.3.4.11.].6&idno=24
4.26 The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead-
Based Paint Poisoning Prevention Act found at 24 CFR 92,35.5
4.27 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 196€6, as ame nded (16 U.S.C. 470) and
the procedures set forth in 36 CFR Part 800. Advisory Council on Historic Preservation
Procedures for Protection of Hisieric Proper"ties. insofar as they apply to the performance
of this agreement.
histo3 ica:i1_lax 'nhna/°, him
.1-111 11: ,,`[i°4'd.cc.fr,eov,cei-rii,? tr:a- [i
i td4- ' f.> iA fin._. r- i-riTo
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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.
httn://www.nps.20V/Illstoryll ocal-law/nhpa 1 966.htm
4.28 The SUBRECIPIENT must certify that it will provide drug-free workplaces in
accordance with the Drug-Free Workplace Act of 1988 (41 USC 701).
http://us-code.vlex.com/vidldrug-free-workplace-requirements-contractors-19242870
4.29 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.
4.30 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
States, local governments, and Indian Tribes follow:
• A-87 for Cost Principles
• A-102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow:
• A-2I for Cost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles
• A-110 for Administrative Requirements
0MB Circular A87: htijt /www.whitehouse.aov-"omb circular-_. a087 2004/
OMB Circular A102:htto://www.whitehouse govlorn h/circulars a102/
0MB Circular A21:http://v,,ww.whitehouse.uov/omb/circulars a021 2004/
OMB Circular A110:httn://www.whitehouse.(2ov/0mb/circulars cl10/
OMB Circular A122: httn://www.whitehouse.goviombleirculars_ al22 2004/
4.31 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBIU3CIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of OMB A-133,
Audits of States, Local Go\ern rents, and ?ion-Profit Organizations. Hillis A.greeo rL is
closed out prior to the receipt of an audit reboil. the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
btt x.` 5,,'4''tt` 1rrteh use oy lorn c1rcula' / S_ .} cnmpiian sus element 201
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligibe 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 codifies and odifies this.Page 24 of 40
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ht t3://w. ww.law.corn lLedu!efr/text/24 92.206
4.32 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 92.35.3
http://www.fhwa.dot.gov/realestate/ualindex.htm
http://www.law.cornell.edukfritext/49/24.101
4.33 As provided in § 287.133,Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by § 287.133 (3) (a),Florida Statutes.
http://www.lawserver.com`law/state/florida/statutes/florida statutes 287-133
4.34 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 Contness in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard 1.orris-L,LL, "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 yrnn tc. loans. cooperative aM g'r4em nts' and that all
c,c
EP IPIE 1.s shall c -?ify and disclose acccrdina.iv.
,._._ 1 r:ravrt r`imsu's ;mmt. i`ill be based on the U.S. General ServiceE Administration (GSA}
diem crem. rates in effect at the time of e travel.
4..v.6 Any pale o r rec 13tid2 determined to C. applicable r t H t I f
4.37 Florida Statutes 71",.-'0, Part ( Construction Liens
.1111E __I ,., Itrcl' I i A117 r_, t 1r ,.::.1I 'r'1 1;`f r' _
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4.38 Florida Statutes 119.021 Records Retention
http://www.lawserver.comilawlstatelflori dalstatute sill ori da statutes 119-021
4.39 Florida Statutes, 119.071, Contracts and Public Records
http://v,,ww.leQ.state.fl.us/Statutes/index.cfin?App mode—Display Statute&URL-0100-
0199/0119/Secti ons/0119.07.htm I
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PART V
ROME Requirements
5.1 Project Requirements for Subrecipients
The SUBRECIPIENT is required to conform to the following requirements and
regulations as stated below:
24 CFR 92.504(c)(2)
(i) Use of the HOME funds. The agreement must describe the amount and use of the HOME
funds for one or more programs, including the type and number of housing projects to be funded
(e.g.,the number of single-family homeowners loans to be made or the number of homebuyers to
receive downpayment assistance), tasks to be performed, a schedule for completing the tasks
(including a schedule for committing funds to projects in accordance with deadlines established
by this part), a budget, any requirement for matching contributions and the period of the
agreement. These items must be in sufficient detail to provide a sound basis for the participating
jurisdiction to effectively monitor perfoiinance under the agreement.
(ii) Program income. The agreement must state if program income is to be remitted to the
participating jurisdiction or to be retained by the subrecipient for additional eligible activities.
(iii) Uniform administrative requirements. The agreement must require the subrecipient to
comply with applicable uniform administrative requirements, as described in §92.505.
(iv) Other program requirements. The a rreemeni must require the subrecipient to carry out each
activity in compliance with all Federal laws and regulations described in subpart H of this part,
except that the subrecipient does riot assume the participating jurisdiction's responsibilities for
environmental review under §92.352 and the intergovernmental review process in §92.3 57 does
not apply. The agreement must set forth the requirements the subrecipient must follow to enable
the participating jurisdiction to carry environmental review responsibilities before HOME funds
are committed to a project.
(v) 4ffirmativ 1arkctin- au re_ e rt must snecify the. su bi L iprstts affirmative l.ar
rtir
responsibilities in accordance with §92
(vi) JkL`t1u st for a .'urst'rt.CF;t o tunas The agr'eC..nent must specify that the subrecipient may
not request disbursement of funds under the agreement until the funds are needed for payment of
eligible costs. The mount of each request must be limited to the amount needed. Program
income must be disbursed before the s hrecipicnt requests funds from the participating
�ur°isdiction.
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(vii) Reversion of assets. The agreement must specify that upon expiration of the agreement, the
subrecipient must transfer to the participating jurisdiction any HOME funds on hand at the time
of expiration and any accounts receivable attributable to the use of HOME funds.
(viii) Records and reports. The agreement must specify the particular records that must be
maintained and the information or reports that must be submitted in order to assist the
participating jurisdiction in meeting its recordkeeping and reporting requirements.
(ix) Enforcement of the agreement. The agreement must specify remedies for breach of the
provisions of the agreement. The agreement must specify that, in accordance with 24 CFR 85.43,
suspension or termination may occur if the subrecipient materially fails to comply with any term
of the agreement. The participating jurisdiction may permit the agreement to be terminated for
convenience in accordance with 24 CFR 85.44.
(x) Written agreement. Before the subrecipient provides HOME funds to for-profit owners or
developers, nonprofit owners or developers or sponsors, subrecipients, homeowners,
homebuyers, tenants (or landlords) receiving tenant-based rental assistance, or contractors, the
subrecipient must have a written agreement that meets the requirements of this section. The
agreement must state if repayment of HOME funds or recaptured HOME funds must be remitted
to the participating jurisdiction or retained by the subrecipient for additional eligible activities.
(xi) Fees. The agreement must prohibit the subrecipient and any community housing
development organizations from charging servicing, origination, or other fees for the costs of
administering the HOME program, except as permitted by §92.214(b)(1).
5.2 Affordability Requirements
LONG TERM AFFORDABILITY
The HOME-assisted housing must meet the affordability requirements for not less
than the applicable period specified in the following table, beginning after project
completion. The per unit amount of HOME funds and the affordability period that they
trigger are described more fully below under Recapture Provisions.
HOME Required Affordability Period Rental Minimum period of affordability
Affordability Periods(§92.252(e)) in Tears
(Rehabilitation or acquisition of existing housing per unit 5
I I
amount of HOME funds: Under$15,000
1$1 5.000 to $40,000 0
IlOver$40.000 or rehabilitation involving refinancing 15
construction or aequ. s)ion of newly constructed 20
housing
Pace 28 0."40
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5.3 Maximum Per-Unit Subsidy Requirements
The maximum HOME per-unit subsidy may not be increased above 240 percent of the
base limits authorized by §221(d)(3)(ii) of the National Housing Act [12 U.S.C.
17151(d)(3)(iii)]. In no case will the County's funding of the Project be less than $1,000
per HOME-assisted unit or more than the maximum per unit subsidy allowed under
24CFR 92.250(a). The maximum subsidy for 2 bedroom units is $157,699.
As a rental housing project, the Affordability Period during which
SUBRECIPIENT must maintain compliance with all applicable HOME rules shall be a
maximum of fifteen (15) years depending on the amount assisted per unit. The
Affordability Period will not commence until the Project has met the requirements for
Project Completion outlined in 24 CFR 92.2, which will require that construction be
complete, all HOME funds have been disbursed by the COUNTY and drawn from the US
Treasury, and required completion data has been entered in FIUD's IDIS Federal
Reporting System. The COUNTY will notify the SUBRECIPIENT of the actual date of
completion and the exact date of the expiration of the affordability period, which shall be
calculated based on the date of completion. The COUNTY will record a covenant
running with the land, in form satisfactory to the COUNTY that provides a means for
enforcement of the affordability restrictions of 24 CFR 92.252. The covenant will be
recorded senior to all other financing liens, including the first-position mortgage
referenced above, and be enforceable against all successors in interest to Collier County.
If necessary, the COUNTY may execute an amendment to the Covenant Running with
the Land that extends the affordability restrictions of 24 CFR 92.252 to the exact date of
expiration of the affordability period. Failure of the project to meet all applicable HOME
requirements for the entire Affordability Period will result in a requirement that all
DOME funds be repaid by the SUBRECIPIENT to the COUNTY.
5.4 Recapture Provisions
Recapture provisions are as follows [24 CFR 92.254 (a)(5)(ii)]:
(ii) Recapture. Recapture provisions must ensure that the participating jurisdiction
recoups all or a portion of the HOME assistance to the homebuyers, if the housing does
not continue to be the principal residence of the family for the duration of the period of
affordability. The participating jurisdiction may structure its recapture provisions based
on its program design and market conditions. The period of affordability is based upon
the total amount of HOME funds subject to recapture described in paragraph
(a)<(5)(ii,(A)(5) of this section. Recapture provisions may permit the subsequent
litmieboyer to assume the HOME assistance (subject to the HOME requirements for the
remainder of the period of affordability) if the subsequent homebuver is low-income. and
no additional HOME assistance is provided.
(Signature Pace to Folic;v,c')
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IN WITNESS WHEREOF, the Subrecipicnt and the County, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on the date first written
above.
t
ATTEST: BOARD OF L NTY 'it' MISSIONERS OF
DW ' T E. BROCK LERK COLLIER COUa" Y, FL �' A
' _ C— By:
' -est as to C3iairn 'S, Deputy Clerk TOM HENNING,CHAIRMAN
.11011Pfurt,r~Ftil-_
-. Communit Ass'sted and Supported Living, Inc.
Dated: t I' ;J
(StAL) By: //i;
J 1 Cott Eller, CEO
.. r
Witness
Name and Title
/
/
/
Witness f 1tnCSS
-/--------
Name wick fide
Approved as to form and legality:
Jennifer .. Belpedio `
Assistant County Attorn
s`'e«:' 30 o-:40
i UOM F7he°4.D
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PART VI
EXHIBITS
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall fi.irnish to Collier County, c/o Housing, Human and Veteran
Services Department, 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.
DES 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 andior the design professional shall become legally
obligated to pay as damages for claims arising out of the services performed by
person employed bC!
the SUBRECIPIENT or any i. r.>�n en.p 1 ,,,d the. SL✓?L'RECIP1ENT n
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 be
e.
named as an additional insured.
.
i i c ;Ti JC`i1ON PHASE OF APPLIC:',,.BLE)
In addition to the insurance required in 1 —4 above,the SUBRECIPIENT shall provide or
cause its ; ]t)ontrartors to provide o:'Iainai certificates maLcating the following Types on
insurance coverage prior to and construction:
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5. Completed Value Builder's Risk insurance on an "All Risk" basis in an amount
not less than one hundred (100%) percent of the insurable value of the building(s)
or structure(s). The policy shall be in the name of Collier County and the
SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in
an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance
must be kept in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations
insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate.
Collier County must be shown as an additional insured with respect to this
coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with this contract in an amount not less than
$1,000,010 combined single Emit 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 Prog ram (NFIP1. The
policy must show Collier County as a L ss Payee A.T.1.M.A.
1
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Community Assisted and Supported Living, Inc. (CASL)
Sub recipient Mailing Address: 1401 16th Street, Sarasota, FL 34236
Project Name: Rehabilitation of Multi-Family Rental Housing
Agreement No: H1M14-01 Payment Request#
Total Payment Minus Retainage: S
Period of Availability: through
Period for which Agency has incurred indebtedness: through
SECTION H: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5, _km ount of Today's Request
6. 10% Retainage Amount Withheld
7. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
I certify that this request for payment has been made in accordance with the terms and
conditions of the Agreement between the COUNTY and us as the St_TBRECIPIENT. To the best
of my knovsied2e and belief all rant requirements have been followed.
Signature Date
Title
Grant Coordinator Gran;Accountant
perVi S (approval required !*.D.15..000 and above 1);--_Tt Direct (approval required 5;151000 and above
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EXHIBIT "C"
REPORTING SCHEDULE
The Subrecipient shall submit quarterly reports to Grantee based on the following schedule.
Reports shall be submitted according to this schedule as long as this Agreement is in force:
Activity Reporting Period Report Due Date
October 1"-December 31' January 10th
January 31"-March 31st April 10th
April 1"-June 30th July 10th
July lst-September 30th October 106
HOME SUBRECIPIENT AGREEMENT
COMMUNITY ASSISTED AND SUPPORTED LIVING, INC.
Date Submitted:
Activity Reporting Period:
Contact Person:
Telephone: Email:
GENERAL
1. Activity Status or Milestones - describe any significant actions taken or outcomes
achieved during this reporting period,
n Future Actions .- what significant n dons or outcomes are a p `:Ced during the ne,:t
reporting period?
3. Obstacles describe any potential obstacles. challenges. or issues that may cause delay.
"--",4- 4C;-
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ACTIVITY STATUS
Complete the following information by entering the appropriate numbers for this reporting
period in the tables below. Do not duplicate information from previous reporting periods.
Activity This Reporting Period
No.Active Projects
No.Projects Complete
No. Properties Sold
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Household Data This Reporting Period
No. Extremely-Low Income Households(0-30%AMI) _-
No.Very-Low Income Households(31-50%AMI)
No. Low-Lncome Households(51-80%AMI)
No. Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
Race Total No. Hispanic
I White
[-Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White j
I Asian and White j f
[Black/African American and White
American Indian/Alaskan Native and Black/African American ��
Ot er IALili i-R-ci,l
TOTAL
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EXHIBIT "D"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
Grantee is required to submit to HUD, through the Integrated Disbursement Information System
("MIS") Quarterly Performance Reports ("QPR"). To facilitate in the preparation of such
reports, Subrecipient shall submit the information contained herein within ten (10) days of the
end of each calendar quarter.
1. OVERALL PROGRESS NARRATIVE
Describe overall progress made in operating the HOME program.
2. FINANCIAL DATA
Provide (1)program funds expended and (2)program funds obligated.
3. ACTIVITY PROGRESS NARRATIVE
Described rehabilitation progress and include an updated project work plan/schedule
4. PROPERTY DATA/DEMOGRAPHIC DATA
For each unique address grantee must provide in detail (1) Lead Based Paint Status, (2)
Costs associated with the property (HOME assistance and the amount of any private
funds contributed), (3) Beneficiary information (Race, Ethnicity, Income Level. Female
head of household), (4)Number of Bedrooms.
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EXHIBIT "E"
INCOME CERTIFICATION
INSTRUCTIONS
Submit completed form, including appropriate supporting documentation to Grantee to obtain
approval prior to the sale or lease of a property associated with this Agreement to an eligible
person or household.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Income
Member Asset Description Cash Value
from Assets
3
4
5
6
Total Cash'Value- 01-Ass?,
Total In.;unie from Ane. s B(b1
if line B(n a.itat::: than 0(6. :Twilit* that amount oy toe rate spe'2.i Fled
by HUD z:pplicable rate 11.'T,'-)and ercer results in 7u- c , cdierAvise wave
blank B(c)
Pace ri of 4-0.
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member i Wages/ Benefits/ Public Other I
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 f
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. I/we certify that the statements are
true and complete to the best of my/our knowledge and belief and are given under penalty
of 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 Da e
Adult Household Member (if applicable) Dat e
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.
Department 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 60 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 Administrator or His/Her Designated Representative:
Sig store
Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Ane
Native
x : I .ia`rte i ia(
hC tr 0I' I ia. . Other
0.. 25 7 —40 41 '? 1I
Islander _
I
son-
NOTE,: .1:y0.ina ,11. s(MC(r!11?-,:"if.c .otc a : 2 i.. ..c f J Z. ': CC ,n' on i ran;
give 5,...,r, ,t0 „a...,cY r. �- S`1t wf',I='C,° do..c. crc r,-,1•247a;:E1 p-ti.. .74C1 Itt,f?!"O ct 0,t e4:ii Y f. rice arg'.";.o/ fit. 0-
Page 39 of 40
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EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Subrecipient Name Pel Year
Period
Total State Financial Assistance Expended during $
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most $
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
indicated above and expect to complete our Circular A-133 audit by Within
El
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
mana•ement letter.
❑ We are not subject to the requirements of OMB Circular A-133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
I I
❑ Are a for-profit organization
Are exempt for other reasons–explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
� � I
Print Name and Title —This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
Par4. 40 3T40
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MEMORANDUM
Date: July 13, 2015
To: Geoffrey Magon, Grants Coordinator
Collier County Housing Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Amendment No. 1 to an agreement between Collier County and
Community Assisted & Supported Living, Inc. to clarify the length of
time in which records must be kept regarding HOME Program funds
Attached for your records is an original copy of the amendment document referenced
above, (Item #16D17) approved by the Board of County Commissioners June 9, 2015.
The remaining original document will be held in the Minutes and Records Department
for the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
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Grant#- M-14-UC-12-0217
CFDA/CSFA# - 14.239
Subrecipient — Community Assisted and
Supported Living, Inc.
DUNS# - 940621519
Agreement # CD14-09
IDIS#- 492
FEID# - 65-0869993
Fiscal Year End: 12-31
Monitor End: 10/2025
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY ASSISTED AND SUPPORTED LIVING,INC. (CASL)
THIS AMENDMENT is entered into this `1 day of �;�<-s 2015, by and between the
"Community Assisted and Supported Living, Inc." a private not-for-profit corporation existing under,;the
laws of the State of Florida, herein after referred to as "SUBRECIPIENT", having its principal office at 1401
16`I' Street, Sarasota, FL 34236; and Collier County, Florida, having its principal address as 3335 E.
Tamiami Trail, Naples FL 34112, hereinafter to be referred to as "COUNTY", collectively stated asj the
"PARTIES."
RECITALS
WHEREAS, on September 23, 2014, the COUNTY entered into an Agreement, with the HOME
Investment Partnerships (HOME) Grant Program funds to be used for the Rehabilitation of Multi Family
Properties Project (hereinafter referred to as the "Agreement"): and
WHEREAS, the Parties desire to amend the Agreement to conform to the Department of Housini, and
Urban Development's HOME requirement regarding the records retention period.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to
amend the Agreement as follows:
Words Str fly Thr u�rh are deleted; Words Underlined arc added
Pa: it "Grant Control Requirements", Section 2.2D "Records and Documentation", is hereby amended. as
follows:
r. Upon completion of all worl contemplated under this Agreement copies of all documents
and records elating to this Agreenicnt shall surrendered CHS i' requested. T `
hall _ � rd w _� in any event
Vira14-n1
vn■i>o: ,icl;;- -nil.. t'rc,r> ":ies Page 1 of
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,i
SUBRECIPIENT shall keep all documents and records in an orderly fashion in a reetdily
,
1 accessible, permanent and secured location for three (3) five (51 years after the date of
submission of the annual performance and evaluation report, as prescribed in 24 CFR 911520
with the following exception: if any litigation, claim or audit is started before the expiration!' ate
of the three (3) five (51 year period, the records will be maintained until all litigation, clai4n or
pi
audit findings involving these records are resolved. The COUNTY shall be informed in writig if
an agency ceases to exist after closeout of this Agreement of the address where the records ai,e to
be kept as outlined in 24 CFR 85.42. 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 exemp. or
confidential and exempt from public records disclosure requirements. All records s4)red
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the public agency. 1 .
■
* * *
,
: .
, .
,•
(Signature Page to Follow)
,
'..-.,,. :
H‘
I :1:ci
. .
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IN WITNESS WHEREOF,the Subrecipient and the County, have each, respectively, by an authorized pson
or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
:, ..
DWIGHT.E. BROK.-CLERK COLLIER COUNTY. FLORIDA
. .
..,
- By:
...; Attestaskg*ian% TIM NANCE, CHAIRMAN
Date ligrlif h14 i 7615
SEAL)-
COMMUNITY ASSISTED AND SUPPORTED
LIVING. INC,
:
By Sci:/ //
J. OTT ELLER, CEO FOR
COMMUNITY ASSISTED AND SUPPORTED
LIVING, INC.
Approved as to form and legality:
--,
-, ( ),_/,`",. .e ci- - ' •,,62
Jennifef A. Beipedi6
Assistant County Attorney ''P- C/>
1..
1
1
I
I1-W)
:nal,of Mu -Famiv Prontni-:= I d2e , of..-,
il
1111.111111.1111111iimmomar Packet Page -1543-
9/22/2015 16.D.7.
Grant# -M-14-UC-12-0217
CFDA/CSFA# - 14.239
SUBRECIPIENT—Community
Assisted and Supported Living,
Inc.
Agreement#HM14-01
DUNS #- 940621519
IDIS # 492
FEID #- 65-0869993
Fiscal Year End: 12/31
Monitoring Deadline: 10/2025
SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. (CASL)
THIS AMENDMENT is made and entered into this day of , 2015, by and
between "Community Assisted and Supported Living, Inc." a private not-for-profit
corporation existing under the laws of the State of Florida, herein after referred to as
"SUBRECIPIENT", having its principal office at 1401 16t Street, Sarasota, Florida 34236 and
"Collier County, Florida, having its principal address as 3339 E. Tamiami Trail, Naples FL
34112, hereinafter to be referred to as "COLITY", collectively stated as the"PARTIES."
WHEREAS. on September 23, 2014, the County entered into an agreement with the
HOME Investment Partnerships (HOME) Program funds to be used for the 2014 Community
Assisted and Supported Living, Inc. (CASL) HOME Rehab Project (hereinafter referred to
as the "Agreement"); and
WHEREAS. the Parties desire to extend the project completion date in order to achieve
full expenditure of CDBG funds.
NOW, THEREFORE. in consideration of foregoing, Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged.
the Parties agree to amend the Aoreement as follows:
Words Ser =4- Through are deleted; Words Underlined are added
.,
'I-
All references ences t: Hot sin`' Human and Veteran an Ser ces (I-II-IN TS) tnroughoui agreement shall
now read Community and 1-luman Services f IS).
PART I
SCOPE OF WORK
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* *
1.3 TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start effective the date of the execution of this
agreement and shall end ear-38 ' day of September 201 S December 31, 2015. Rehabilitation
activities shall be completed by 2015 and the affordability period shall cease in 2025. 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.
* * *
IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each,
respectively, by an authorized person or agent, hereunder set their hands and seals on the date
first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA
By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Dated:
(SEAL)
COMMUNITY ASSISTED AND SUPPORTED
Witness LIVING, INC. (CASL)
Name and Title By:
J. Scott Eller, CEO
Witness
Name and Title
Approved as to form and legality:
Jennifer A. Beipedio r;
Assistant County Attorne:, 0.\\
Page 2 of 2
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Amendment 42
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