Agenda 09/24/2013 Item #16D 8 9/24/2013 16.0.8.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to the Subrecipient agreement with Habitat for
Humanity of Collier County, Inc. for the FY2010-2013 U.S. Housing and Urban Development
(HUD) Community Development Block Grant(CDBG)funds.
OBJECTIVE: Extend the agreement end date to December 31, 2013 in order to continue to assist low to
moderate income households.
CONSIDERATIONS: On May 14, 2013, agenda item 16.D.11 the Board of County Commissioners
approved a Subrecipient agreement to carry out the CDBG Habitat Re-Roofing Program. The goal of the
CDBG re-roofing program is to provide assistance to twenty(20) low to moderate income individuals and
families.
The purpose of the amendment to the Subrecipient agreement is to extend the time of performance of the
agreement from the original end date of October 31, 2013 to December 31, 2013. The extension is within
the 90 day period where amendments are prohibited pursuant to Section IV, subpart D of the Subrecipient
agreement. As such,the agreement is proposed to be amended to allow the amendment upon a showing of
good cause. Staff believes good cause exists. A delay in the project occurred as a result of the
environmental review process, a federal regulation that is a requirement of all federally funded projects.
The environmental review process required documentation in addition to information normally required
in order for the project to pass National Environmental Policy Act(NEPA) statutory requirements.
Also, effective July 1, 2013, a new State law (Chapter 2013-154 Laws of Florida) requires agreements
funded with federal or state assistance to contain additional provisions related to public records and
compliance with grant requirements. Those provisions are also proposed in the amendment.
FISCAL IMPACT: There is no fiscal impact associated with this item. Funds are located in Housing
Grants Fund(705), Projects 33088, 33176 and 33236.
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 growth management impact associated with thi
RECOMMENDATION: To approve and authorize the Chairwoman to sign an amendment to the
Subrecipient agreement between Collier County and Habitat for Humanity of Collier Comm _ Inc. for the
operation of the CDBG re-roofing program.
Prepared By: Geoffrey Magon. Grants Coordinator.Housing. Human & Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.8.
Item Summary: Recommendation to approve an amendment to the Subrecipient
agreement with Habitat for Humanity of Collier County, Inc. for the FY2010-2013 U.S. Housing
and Urban Development (HUD) Community Development Block Grant (CDBG) funds.
Meeting Date: 9/24/2013
Prepared By
Name: MagonGeoffrey
Title: Grants Coordinator
8/29/2013 11:32:36 AM
Approved By
Name: GrantKimberley
Title:Interim Director
Date: 8/30/2013 9:54:02 AM
Name: KushiEdmond
Date: 9/3/2013 2:55:52 PM
Name: SonntagKristi
Date: 9/12/2013 12:55:48 PM
Name: AlonsoHailev
Title: Operations Analyst, Public Service Division
Date: 9/12/2013 3:38:40 PM
Name: RobinsonErica
Date: 9/13/2013 10:17:54 AM
Name: RobinsonErica
Date: 9/13/2013 12:07:43 PM
Name: CarnellSteve
Title: Purchasing/General Services Director
Date: 9/13/2013 3:06:43 PM
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Avsk
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 9/13/2013 4:07:38 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/16/2013 9:34:25 AM
Name: StanleyTherese
Title:Management/Budget Analyst, Senior,Office of Manage
Date: 9/16/2013 11:27:12 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/16/2013 5:03:00 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/17/2013 10:38:25 AM
AVIN
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Grant#-B-10-UC-12-0016
B-11-UC-12-0016
B-12-UC-12-0016
CFDA/CSFA#- 14.218
Subrecipient—Habitat for Humanity of
Collier County,Inc.
DUNS#- 080676690
FETI#- 59-1834379
Fiscal Year End: June 30th
Monitor End: December 31, 2018
CDBG PROGRAM
AMENDMENT NO.1 TO THE SUBRECIPIENT AGREEMENT BETWEEN COLLIER
COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
THIS AMENDMENT, made and entered into on this day of September, to the subject
agreement shall be by and between the parties to the original Agreement, Habitat for Humanity
of Collier County, Inc, EIN 59-1834379, (d/b/a/ Habitat for Humanity), authorized to do
business in the State of Florida, whose business address is 11145 Tamiami Trail E Naples FL
34113, (hereinafter called the "Developer") and Collier County, a political subdivision of the
State of Florida, Collier County,Naples (hereinafter called the "County").
Statement of Understanding
RE: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
In order to continue the services provided for in the original Agreement document referenced
above, the parties agree to amend the Agreement as follows:
Words Struck Through are deleted; Words Underlined are added:
(Dollar amounts have original underlines)
WITNESSETH:
IL TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the
31st day of October, 2013 31S` day of December, 2013. 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 CDBG funds or other CDBG assets, including
program income.
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III. AGREEMENT AMOUNT
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 IIHVS
pursuant to the submittal of quarterly progress reports. Invoices for work performed are required
every month. SUBRECIPIENT may expend funds only for allowable costs resulting from
obligations incurred during the term of this agreement. If no work has been performed during
that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0
invoice will be required. Explanations will be required if two consecutive months of$0 invoices
are submitted. Payments shall be made to the SUBRECIPIENT when requested as work
progresses but, not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed
during the term of the program but not invoiced within 90 days without written exception from
the Grant Coordinator will not be reimbursed. 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."
VI. GENERAL CONDITIONS
D. 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. No amendments to this
agreement will be granted ninety (90) days prior to the end date of this agreement without good
cause.
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
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:
B. DOCUMENTATION AND RECORDKEEPING
1. All records required by CDBG.
CYO
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2. All records that ordinarily and necessarily would be required by the COUNTY to
perform the service.
3. 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, 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.
4. 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 five (5) years after expiration of this Agreement with the following
exception: if any litigation, claim or audit is started before the expiration date of
the four(4) 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.
SUBRECIPIENT must 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 COUNTY.
5. 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.
6. 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.
7. The SUBRECIPIENT shall document how the National Objective(s) as defined in
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24 CFR 570.208 and the eligibility requirement(s) under which funding has been
received, have been met. These also include special requirements such as
necessary and appropriate determinations as defined in 24 CFR 570.209, income
certification, and written Agreements with beneficiaries,where applicable.
8. SUBRECIPIENT must provide the public with access to public records on the
same terms and conditions that the COUNTY would provide the records and at a
cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as
otherwise provided by law. Ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law.
x
*
H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but not be
limited to: making final payments, disposing of program assets (including the return of all
unused materials, equipment, program income balances, and receivable accounts to the
COUNTY), and determining the custodianship of records. 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. In addition to the records retention outlined in
Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes
regarding records maintenance, preservation and retention. SUBRECIPIENT shall also produce
records and information that complies with Section 215.97, Florida Single Audit Act.
(SIGNATURE PAGE TO FOLLOW)
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IN WITNESS WHEREOF, the GRANTEE and SUBRECIPIENT, have each,
respectively, by an authorized person or agent, hereunder set their hands and seals on the date
and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock; Clerk of Courts COLLIER COUNTY, FLORIDA
By: By:
Dated: Georgia A.Hiller, Esq. Chairwoman.
(SEAL)
Habitat for Humanity of Collier County, Inc.
First Witness A Florida not-for-profit corporation
By:
TType/print witness namel' Print:
Title:
Second Witness
Approved as to form and legality:
TType/print witness nameT
Jennifer A. Belpedio
Assistant County Attorney
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EXHIBIT"F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS idikk
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act
of 1974 as amended
4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of
1968 as amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor regulations.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will,in all solicitations or
advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is
an Equal Opportunity or Affirmative Action employer.
8. 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
contrac:, 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
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requires that to the greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of the
project area, and that contracts for work in connection with the project be
awarded to business concerns that provide economic opportunities for
low- and very low-income persons residing in the metropolitan area in
which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards), housing construction, or other public
construction project are given to low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located; where feasible, priority
should be given to low- and very low-income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low-
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low-income residents within the service area or
the neighborhood in which the project is located, and to low- and very low-income
participants in other HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart
K.
12. The Americans with Disabilities Act of 1990
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. as
amended.
14. 29 CFI: Parts and : - Regulations which prescribe the payment of prevailing wages and the
use of apprentices and trainees on federally assisted projects as mandated by the Davis-
Bacon Act. HUD Form 4010 must be included in all construction contracts funded by
CDBG. (See 42 USC 276a and 24 CFR 135.11(c)).
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
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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. Amok
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.
18. Public Law 100-430 -the Fair Housing Amendments Act of 1988.
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:
• 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
85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs
shall follow 570.504;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs
shall follow 570.505;
o Section 84.34(g), 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 be program
income (pro-rated to reflect the extent to which CDBG funds were
used to acquire the equipment); and
• 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 84.35, Supplies and other Expendable Property
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 four 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;
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o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG
SUBRECIPIENTs shall comply with 570.503(b)(7); and
• Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures
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.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have the
discretion to unilaterally terminate this agreement immediately.
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.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the
Contract Documents, the terms of the Agreement shall take precedence over the terms of all
other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation
under the Contract Documents upon the Contractor at Owner's discretion.
24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort
to resolve any such disputes by negotiation. Any situations when negotiations, litigation
and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-
making authority and by COUNTY'S staff person who would make the presentation of any
settlement reached during negotiations to COUNTY for approval. Failing resolution, and
prior to the commencement of depositions in any litigation between the parties arising out of
this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fai
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, 20°i
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.
25. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401., et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities
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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.
27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures
with assistance provided under this contract shall be subject to HUD Lead-Based Paint
Poisoning Prevention Act found at 24 CFR 570.608, Subpart K.
28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance of
this agreement.
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.
29. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance
with the Drug-Free Workplace Act of 1988 (41 USC 701).
30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
oak
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.
31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation for all costs
incurred.
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-21 for Cost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles
• A-110 for Administrative Requirements
32. 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
Govertunents, 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
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identified in an audit after such closeout.
33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR
24.101, shall be subject to the provisions of CDBG including, but not limited to, the
provisions on use and disposition of property. Any real property within the SUBRECIPIENT
control, which is acquired or improved in whole or part with CDBG funds in excess of
$25,000,must adhere to the CDBG Regulations at 24 CFR 570.505.
34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof. This notice is required by §
287.133 (3) (a),Florida Statutes.
35.No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants.
contracts under grants; loans, and cooperative agreements) and that al? SUBRECIPIENTS
shall certify and disclose accordingly.
36. Travel reimbursement will be based on the U.S. General Services Administration(GSA)per
diem rates in effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUT.
38. Florida Statutes 713.20, Part 1, Construction Liens
39. Florida Statutes 119.021, Records Retention.
40. Florida Statutes. 119.0701. Contracts and Public Records
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