Agenda 04/28/2009 Item #16D 3
fl.'J-::mda Hem No, 1603
April 28, 2009
Page 1 of 66
EXECUTIVE SUMMARY
Recommendation that the Board approve a Resolution adopting the Collier County HUD
One Year Action Plan for FY 2009 - 2010 for Community Development Block Grant
(CDBG), Home Investment Partnerships (HOME), American Dream Downpayment
Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs; authorize the BCC
Chairman to sign the approved resolution and standard contract templates, required HUD
Certifications, SF 424 Application for Federal Assistancc, and authorize transmittal to the
United States Department of Housinl!; and Urban Devclopment (HUD).
OBJECTIVE: To secure federal funding that will assist in improving the quality oflife for very
low and low income residents through the provision of housing and community development
related activities using U.S. Department of Housing and Urban Development (HUD) funding
from Community Development Block Grant (CDBG), Home Investment Partnerships (HOME),
American Dream Downpayment Initiative (ADDI) and Emergcncy Shelter Grant (ESG)
programs.
CONSIDERATIONS: On April 25, 2006, the Board of County Commissioners (BCC)
approved submission of the County's second 5-Year Consolidated Plan FY 2006 through 20]0 to
HUD.
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The County is now required to adopt and submit a new One-Year Action Plan for FY 2009-
2010, the fourth year of the County's 5 Year Consolidated Plan, to HUD prior to May 15, 2009.
Workshops were held in the fall of 2008 to obtain community input. Nonprotit organizations
submitted grant applications requesting CDBG and HOME funding on December ]2, 2008.
Twenty-six applications for funding were reviewed, scored and ranked in January and February
2009.
The One-Year Action Plan was developed utilizing the County's Citizen Participation Plan.
Public input was gathered at community meetings, monthly Affordable Housing Commission
meetings and through the required 30-day public comment pCliod March 26, 2009 through April
27, 2009.
Projects under the 2009-20 10 Action Plan includes land acqUISItIOn, acquisition and
rehabilitation of foreclosed homes, construction of sidewalks and a park, and various public
service projects. Please see page 3 and 4 for more details.
The 2009-2010 Action Plan contains standard contracts tor thc CDBG, HOME, and ESG
programs. The Board of County Commissioners will authOlize the Housing and Human Services
Department to use these contracts to draft final sub-recipient agreements to implement the
approved activities.
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FISCAL IMPACT: The total entitlement allocation tClr Collier County and the two entitlement
communities irom all sources is S3,OX9.41 5. The CDBG aiioeation tor Coliier County and the
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two entitlcment communities is expected to be $2,324,214, Collier County will receive
$2,1392] 4, while "Iaples and Marco Island will receive $] 1 0,000 and $75,000 respectively,
Collier County's HOME allocation is expected to be $664383 plus $5,62] for ADDI, and the
ESG b'Tant allocation is expected to be $95,197, The three entitlement prob'Tams allow
percentages for administration and planning as follows: The FY 2009-201 0 One Year Action
Plan proposed CDBG administration budget is $464,842 and thc HOME administration budget is
$66,438 which is in line with program limits, The ESG administration budget is $2,380 which is
less than prob'Tam limits and will allow Collier County to pass on 97.5% of ESG grant funds to
The Shelter for Abused W omcn and Childrcn. Acccptance of this grant ab'Tccment will have no
additional effects on ad valorem or gcneral fund dollars.
GROWTH MANAGEMENT IMPACT:
agreement will tlnihcr the goals, objectives
Housing Element.
Acccptance and implementation of this grant
and policies of the Growth Managcment Plan's
LEGAL CONSIDERATIONS: This itcm has been rcviewed and approved by thc County
Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure is not rcquired.
This item requires majority votc only. This item is legally sufficient for Board action.
-CMG
RECOMMENDA nON: That the BCe approve a resolution adopting the Collier County HUD
One Year Action Plan for FY 2009 - 20l 0 for Community Developmcnt B]ock Grant (CDBG),
.__ Home Investment Palincrships (HOME), American Dream Downpayment Initiative (ADD!) and
Emergency Shelter Grant (ESG) Programs; authorize the BCC chail111an to sign the approved
resolution and standard contract templates, rcquircd HUD Ccrtifications, SF 424 Application for
Federal Assistance, and submission to HUD.
Prepal'ed by: Shawn Tan, Program Coordinator
Housing and Human Serviccs Department
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SUMMARY FY 2009-2010 HUD ACTION PLAN PROJECTS
Ilem No, 16D3
Aprii 28~. 20?~
;--/':j98 ":J elf <)0
Project! Location Description Funding
Organization
Boys and Girls Club Immokalee Land Acquisition $560,740
CDBG
Habitat for Humanity Countywide Acquisition/Rehab Foreclosed $460,000
Homes CDBG
Housing Opportunities Countywide Acquisition/Rehab Foreclosed $250,000
Made for Everyone u,..........",.... COBG
IIUlllti~
CDBG Planning and N/A CDBG Administrative Cost $464,842
Administration CDBG
City of Naples Naples Park Construction $110,000
CDBG
City of Marco Island Marco Sidewalks $75,000
Island CDBG
Immokalee Non-Profit Immokalee Repair Fencing/Exotic Clearing $55,000
Housing CDBG
David Lawrence Countywide Mental Health Counseling $93,000
Center Services CDBG-PS
Shelter for Abused Countywide Legal Services $93,000
Women and Children CDBG-PS
Housing Development Countywide Acquisition/Rehab Foreclosed $112,632
Corp of SW Florida Homes CDBG-PS
Housing and Human Countywide Utility Payment Assistance $50,000
Services CDBG-PS
Housing Opportunities Countywide Acquisition/Rehab Foreclosed $200,000
Made for Everyone Homes HOME
Collier County Immokalee Interior Improvements of Housing $148,000
Housing Authority Units HOME
HOME Planning and N/A HOME Administrative Cost $66,438
Administration HOME
Housing and Human Countywide Rehabilitation of Owner Occupied $150,287
Services Homes HOME
CHDO Set Aside N/A CHDO Set Aside $99,658
I HOME
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American Dream Countywide Down Payment Assistance to First $5,621
Downpayment Time Homebuyers ADD I
Initiative
Shelter for Abused Countywide Shelter Operating Cost $92,817
Women and Children ESG
ESG Planning and N/A ESG Administrative Cost $2,380
Administration ESG
Total Project Funding $3,089,415
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COLLIER COUNTY
BOARD OF COUNTY COMMtSSIONERS
Item Number:
Item Summary:
1603
Recommendation 18 app"ove a resolution adoptin'9 the Coiiler County HUD One Year Action
Pian for FY 2009 - 2010 for Community Development Biock G~ant (CDBG), Home Investment
Partnerships (HOME), i\merican Dream Downpayment Initiative (/\001) and Emergency
Shelter Grant IESG) programs: authorize the Bee chairman to sign the approved resalution.
contract templates required HUD Certifications SF 424 P,pplicatian for Federal P,ssistance,
and submission t:J HUD
Meeting Date:
4/28/2009900:00 Al\ll
Prcpan'd By
Shawn Tan
HUI Grant ,t.,nalyst
Dr.te
Human Services
4/10/20095:28:45 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
4113;20098:00 AM
Approwd 8y
Colieen Gre~ne
A$;',sistant County Attorner
Date
County Attorney
COUf,ty Attorney Of;lce
4/13120094:42 rrJl
Approwd By
Jeff Klatzkow
County Attorrw~'
Date
County Attorney
County A ttorney Office
4.i14/ZQG9 3:23 AM
Appro\'ed By
Maderie J, Foord
Giants Coordin.at0i
Diit<a
Administrative Services
Administrative Services Admin.
41;412009 ;;:53AM
Approved 8)'
Marla Ramsey
Public Services
Public Services Administrator
Date
Public Services Admin.
4i15/2G09 5:11 PM
Approved By
OMS Coordinator
OMB Coordinator
Date
County Managei's Office
Office of Management & Budget
4/17/2009 8:27 AM
,\ppwn'd By
Sherry Pryor
County Manager's Offi~p.
Management & Budget Analyst
Offica of MZ!1.1gement &. Budg~;t
Date
.:t/i 7/20C9 2.:17 PM
i\ppron'd By
leo E. Oens, Jr.
Deputy County ManJger
Date
Board of County
Commissioners
Cow':y ri;:~nagN'5 O;ii~,c
4t~1:20C9 8:36 t\fJl
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RESOLUTION NO. 2009 -
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2009-10 ONE-
YEAR ACTION PLAN FOR $3,089,415 FOR COMMUNITY DEVELOPMENT
BLOCK GR>\.NT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME),
AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI) AND
EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING
REQUIRED HUD CERTIFICATIONS, APPROVING EXECUTION OF
SUBRECIPIENT AGREEMENTS BY THE CHAIRMAN OF THE BOARD,
AUTHORIZING TRANSMITTAL TO THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Unitcd States Department of Housing and Urban Dcvelopmcnt (HUD)
requires a Five-Year Consolidated Plan and One- Year Action Plan be developed and submitted
as an application for planning and funding of Community Development Block Grant (CDBG),
HOME Investment Partnerships (I-IOME), American Drcam Downpayment Initiative (ADD I)
and Emergency Shelter Grant (SSG) Programs: and
WHEREAS, the overall goal of the community planning and development programs
covered by this plan is to develop viable communities by providing decent, affordable housing, a
suitable living environment and expanding economic opportunities for low and moderate-income
persons; and
WHEREAS, the Five-Year Consolidated Plan for FY 2006-20]0 was adopted by the
Board of County Commissioners on April 25, 2006, following the Collier County Citizen
Participation Plan, adopted January 9,2001; and
WHEREAS, the FY 2009-2010 One-Year Action Plan will serve as a planning
docunlcnt for Collier County; an application for Federal funds under the HUD formula grant
programs; a strategy to be followed in carrying out the IlLD programs; and an action plan lhat
provides a hasis for 2.S;;c:_~sjng ,xTfon112.11Ces.
Page 1 of3
Hen: I'JO. 16D3
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NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners of Collier County approves the FY 2009-
2010 One-Year Action Plan for the CDBG, HOME, ADD! and ESG Programs, which is attached
and incorporated herein by reference, and authorizes the Housing and Human Services
Department to transmit the Pian to the proper funding authority and take all necessary actions for
implementation of the CDBG, I-lOME, ADD! and ESG pro!,'Tams.
2. The Chainnan of the Board of County Commissioners is authorized to execute
certifications pertaining to the Consolidated Plan and Action Plan on behalf of the County.
3. The One-Year Action Plan sets forth the dollar amounts estimated for each
activity to be funded by the CDBG, HOME, ADD! and ESG Programs. A copy of the proposed
projects, funding and beneficiaries is included in the Executive Summary and incorporated by
reference. Accordingly, the Subrecipient Agreement for all CDBG, HOME and ESG projects
will be subsequently entered into on behalf of Collier County and each such Agreement is hereby
acknowledged as providing for a valid public and worthwhile County purpose. Based on these
findings, the Chaimlan of the Board of County Commissioners is authorized to execute the
CDBG, HOME, and ESG Subrecipient Agreements to implement each such Activity, so long as:
1) each such Subrecipient Agreement conforms to the format of the attached standard contract in
the Appendix, adopted and incorporated by refcrcncc, and 2) the dollar amount of each Activity
and conesponding Subrecipient Agreemcnt is consistent with targeted areas outlincd in the One-
Year Action Plan, refcrcnced above. Should it he necessary to amend any of these Subrecipient
Agreements, such amendment will be in compliance with thc requirements set fmih in Section
XTV.C of the Purchasing Policy of Collier Connty ann Section IV.C.~ of the Procurement
Page 2 of]
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Administration Procedures, Collier County, Florida. The ADDI Agreemcnt will be made
dircctly with the homeowner and will be presentcd to the Board for approval as nceded.
4. SEVERABILITY. If any section, scntcnce, clause or phrase of this Resolution is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this Resolution.
5. EFFECTIVE DA TE. This Resolution shall become effective upon adoption by a
majority vote of the Board of County Commissioncrs.
This Resolution adopted this
day of Aplil 2009, after motion, second and
majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:__
Donna Fiala, CHAIRMAN
Approved as to form and
Icgal sufficiency:
( ItCazv{.:0vlM7yQ..c~__
Colleen Greene: Assistant County Attorney
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28, 2D09
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CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the
consolidated plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further
fair housing, which means it will conduct an analysis of impediments to fair
housing choice within the jurisdiction, take appropriate actions to overcome the
effects of any impediments identified through that analysis, and maintain records
reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan -- It will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, and implementing regulations at 49
CFR 24; and it has in effect and is following a residential antidisplacement and
relocation assistance plan required under section 104(d) of the Housing and
Community Development Act of 1974, as amended, in connection with any activity
assisted with funding under the CDBG or HOME programs.
Drug
by:
1.
Free Workplace -- It will or will continue to provide a drug-free workplace
Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
2.
Establishing an ongoing drug-free awareness program to inform employees
about
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(d) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a
condition of employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation
of a criminal drug statute occurring in the workplace no later than five
calendar days after such cOIlviction;
5. Notifying the agency in writing, within ten calendar days after receiving
notice under subparagraph 4(h) fro~ an employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must
provide notice, inclUding position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless
the Federal agency has designated a central point for the receipt of such
notices. Notice shall incl'.lde the identi ficat ion number (s) of each affected
grant;
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6. Td~jng orJ8 of the f0110wirlg a=tions, wi_thin 30 calendar days of receiving
Tl0tj ce under suhpa::.-agruph ~ !b), ."-<l_th n:;spec:t to aLY employ"_,e who is 3D
convicted:
(a) ':"aking appropriate personnel action against ~;uch an >2mp1oyee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 19'73, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug
a~use assistance or rehabilitation program approved for such purposes by
a Federal, State, or local health, la1,"; enf,:)rcemcnt, or other appropriate
agency;
7. Making a good faith eifort to continue to maintain a drug-free workplace
through implementation of paragraphs 1, 2, 3, 4, 5 and 6.
Anti-Lobbying
To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
off jeer 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 Fed0ral contract, the making of any Federal grant,
the making of any Federal loan, the entering irlto of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification af 20Y ?edcral contract, grant, loan, or cooperative
3greement;
If any funds otte~ than Federal appropriated f~nds have been paid or will
b('~ paid to any p<.::rson for influencing or attempting to influence an officer
Ol~ (Jmplo:J,.'ee of any agency, a t-1ember of CO!1gre.ss, an officer or employee of
Congress, or an employe,e of a Member of Congross in connection with this
Federal cDntrac~, qraTJt, l'::13n, or c80perative ajT'2ement, it will complete
and submit Standard F'orrn-L,LL, "L-'isclosure Form to Report Lobbying, n in
accordance with jots instructions; and
3.
It will require that the language of paragraph 1 and 2 of this anti-
lobbying certification be included in the award documents for all subawards
at all tiers (including slJbcantracts, 3\Jbgrants, and contracts under
grants, loans, and cooperdtive agreements) arid that all subrecipients shall
certify and disclose accordingly.
Authority of Jurisdiction ~- The consolidated plan _1S authorized under State and
local law (as npplic~ble) and the jurisdiction possesses the legal authority to
carry out the programs for which I t is seekirlg funding, in accordance with
applicable I1UD r0gulations.
Consistency with plan -- The housing activities to be undertab:;n h'ith CDBG, l-lOME,
ESG, and HOPWA funds are corlsisterlt wittl ttl0 stratoqic plan.
Section 3 -- It will comply with section 3 of the Housing ond Urban Development
Act of 1968, and imp1ementing regulati,ons at 24 CFR rrrrt ]35.
Donna Fiala, Date
Chairma~ ,Collier County Board ot County Commissiobers
Approvou ElS to furm & iegaJ sufficlenc..'Y
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Colleo~ Green;;-:-'-----.--
Assistant County !\t1C)rn'i'y
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Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed
citizen participation plan that satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development
plan identifies community development and housing needs and specifies both short-
term and long-term community development objectives that provide decent housing,
expand economic opportunities primarily for persons of low and moderate income.
(See CFR 24 570.2 and CFR 24 part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive
Housing Affordability Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be
assisted with CDBG funds, it certifies that it has developed its Action
Plan so as to give maximum feasible priority to activities which benefit
low and moderate income families or aid in the prevention or elimination of
slums or blight. The Action Plan may also include activities which the
grantee certifies are designed to meet other community development needs
having a particular urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community, and other
financial resources are not available);
2. Overall Benefit. The aggregate use of CDBG funds including section 108
guaranteed loans during program year(s), (a period specified by the grantee
consisting of one, two, or three specific consecutive program years), shall
principally benefit persons of low and moderate income in a manner that
ensures that at least 70 percent of the amount is expended for activities
that benefit such persons during the designated period;
3. Special Assessments. It will not attempt to recover any capital costs of
public improvements assisted with CDBG funds including Section 108 loan
guaranteed funds by assessing any amount against properties owned and
occupied by persons of low and moderate income, including any fee charged
or assessment made as a condition of obtaining access to such public
improvements. However, if CD3G funds are used to pay the proportion of a
fee or assessment that relates to the capital costs of public improvements
(assisted in part with CDBG funds) financed from other revenue sources, an
assessment or charge may be made against the property with respec~ to the
public improvements financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public
improvements assisted with CJBG funds, including Section 108, unless CDBG
funds are used to pay the proportion of fee or assessment attributable to
the capital costs of public improvements financed from other revenue
sources. In this case, an assessment or charge may be made against the
property with respect to the public improvements financed by a source other
than CDBG funds. A1so, in the casE', of properties owned and occupied by
moderate-income (not Jaw-income) families, aTl assessment or charge may be
made against the property for pub:::"ic improvements fi;Jai1ced by a source
other than COSG funds if the jurisdiction certifies that it lacks CDBG
funds to cover the assessmefll.
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Excessive Force -- ::-t Las a,j()pt~ecj iilld ~~:;
1. A policy protliLiting ~~e l~se cf excessive force by law enforcement agencies
within its jurisdiction against any individuaJ_s engaged in non-viaJ_ent
civil rights demonstrations; and
2. A policy of enforcirlg appJicable State ond local laws against physically
barring entrance to or exit from a facility or location which is the
subject of such non-violer~t civil rights demonstrations within its
jurisdiction;
Compliance With Anti-discrimination laws -- The grant will be conducted and
administered in conformity with title VI of ~he Civil Rights }\ct of 1964 (42 use
2000d), the Fair t-1ousing Act (42 use 3601-3619), and implementing regulations.
Lead-Based Paint Its activities concerniYlg lead-based paint wi:!1 comply wi-::.h
the requirements of 24 erR Part 35, subparts J\, 8, .I, K and R;
Compliance with Laws -- It will comply with upplicable laws.
Donna Fiala,
Signat:lre/Autho.-::-ized Official
Da-ce
Chairmdn,Collier County Board of County Commissioners
TitJe
,~pproved as to form & legal Sufficiency
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f ~. _,
Colleen Greene,
{J.ssistant County Attornoy
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23.2009
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Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance -- If the participating jurisdiction intends to
provide tenant-based rental assistance:
The use of HOME funds for tenant-based rental assistance is an essential
element of the participating juriRrli~tion's ronsolirlAted plan for expanding
the supply, affordability, and availability of decent, safe, sanitary, and
affordable housing.
Eligible Activities and Costs -- it is using and will ~se HOME funds for eligible
activities and costs, as described in 24 eFR S 92.205 through 92.209 and that it
is not using and will not use HOME funds for prohibited activities, as described
in g 92.214.
Appropriate Financial Assistance -- before committing any funds to a project, it
will evaluate the project in accordance with the guidelines that it adopts for
this purpose and will not invest any more HOLv1E funds in combination with other
Federal assistance than is necessary to provide affordable housing.
Donna Fiala,
Signature/Authorized Otficial
DAte
~ba_ir_maE"Collier County Board of County Commissioners
Ti Ue
Approved as to form & legal sufficiency
,:;8'-;
~)fu2f2~
,\.;:
Colleen Greene,
Assistant County Attorney
IterTi hJo_ 'i 503
A;:Yil 28, 2:J~E:!
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ESG Certifications
The Emergency Shelter Grantee certifies that:
Major rehabilitation/conversion - I: \.\lil1 maintain any bu.-ilding for which
assistance is used under the SSG program as a shelter for homeless individuals
and families for at least 10 years. If the jurisdiction plans to use funds for
rehabilitation (other than major rehabilitation or conversion), the applicant
will muintain any building for which assistance is used under the ESG program as
a shelter for homeless individuals and families for at least 3 years.
Essential Services and Operating Costs - Where assistance involves essential
services or maintenance, operation, insurance, utilities and furnishings, it will
provide services or shelter to homeJess individuals and families for the period
during which the ESG assistance is provided, without regard to a particular site
or structure as long as the same gerleral populatioTl is served.
Renovation - Any renovation carried ~ut with ESG assistance shall be sufficient
to ensure that the building involved is safe and sanitary.
Supportive Services - It will assist homeless individuals in obtaining
appropriate supportive servic~s, including permanent housing, medical and mental
health treatment, counseliTl(T, supervisio~, arid other services essential for
achieving independerlt living, and other Federal State, local, and private
assistance.
Matching Funds - It will obtain !TiatchinrJ amounts required under 24 erR 576.51.
Confidentiality - It ~.'j": 1 ci'2vel'~-,p and implement procr::;dures to en::::ure the
confidentiality of records pertaining to any jndividual provided family violence
prevent i_on or treatment servi_ces ~nder any project assisted under the ESG
program, incl,uding protectjorl agaj.nst the release of the address or location or
any family violence shelter project except withLhc written authorization of the
person responsible for the operatj,on of that stlclter.
Homeless Persons Involvement - to the maximum (~y.tent" practicable, it will
involve, through employn:,ent, volunteer ~3ervices, or otherwise, homeless
individuals and families in cOTlstructirlg, renovatirlg, mairltairling, operating
facilities, and providing services assi,sted through this program.
Consolidated Plan - It is following a current lIUD-approved Consolidated Plan or
CHAS.
Discharge Poli~ - It has established a pol,:cy for t_he discharge of persons from
publicly funded j,nstitlltions or systems of care (such as llealth care facilities,
foster care or otllcr youtll f~cilitjes, or corre~tion programs and institutj_ons)
in order to prevent .such dL:::charge fn'In i1fLnlec~j ately n:sulting in homelessne.ss for
such persons.
HMIS - It "'-Jill comply 1A'ith HUiJ' s .'~-;-'.:andards for. participation j!'l a local Homeless
Marlagement Information System and the coJ_lection ane] reporting of client-level
infonnati0D.
Donna Fiala,
Chair,nan, Collier County
Dati.?
Board of c:o\jnty
Commissioners
Approved i1S to lcrrn & legal suiiicioncy
~!J2a2{~,,- kjW2 "^~c<c_
CDHt:~en GrpPllf'
i:elT I'~O, '1603
28, 2009
5 of '36
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS:
A. Lobbying Certification
This certification is a material representatio~ of fact upon which reliance
was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification sha2l be subject to a civil
penalty of not less than $10;000 and not morR than 51001000 for each such
failure.
B. Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement, the
grantee is providing the certification.
2. The certification is a material representation of fact upon which reliance
is placed when the agency awards the grant. If it is later determined that
the grantee knowingly rendered a false certification, or otherwise violates
the requirements of the Drug-Free Workplace Act, HUD, in addition to any
other remedies available to the Federal Government, may take action
authorized under the Drug-Fl::'ee Workplace Act.
3. Workplaces under gra~ts, for grantees other than individuals, need not be
identified on the certification. If known, they may be identified in the
grant application. If the grantee does not identify the workplaces at the
time of application, or upon award, if there is no application, the grantee
must keep the identity of the workpJace(s) on file in its office and make
the information available for Federal inspection. Failure to identify all
known workplaces constitutes a violation of the grantee's drug-free
workplace requirements.
4. Workplace identifications must include the actual address of buildings
(or parts of buildings) or other sites where work under the grant takes
place. Categorical descriptions may be used (e.g., all vehicles of a mass
transit authority or State highway department while in operation, State
employees in each local unemployment office, performers in concert
halls or radio stations).
5. If the workplace identified to the agency changes during the performance
of the grant, the grantee shaJ_l inform the agency of the change(s), if it
previously identified the workplaces in question (see paragraph three) .
6. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
:~rn ['10 ':)03
28. 2D09
~6 ':')1 G6
Place
of Performance (Street address, city,
3301 Tamiami Trail East Naples,
3050 North Horseshoe Drive N3p~eSf
county, state, zip
Collier County, FL
Collier County, FL
code)
34112 and
34104
if there are workplaces on file that are not identified here.
Check
The certification with regard to the drug-free workplace is required by 24 CFR
part 24, subpart F.
7. DefinitioLs of terms in the Nonprocurement Suspension and Debarment
COffii11on rule and Drug- Free \I}o~kplace comrr,on rule apply to this
certification. Grantees' attention is called, in particular, to the
following definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S.C. 812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
"Conviction" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal or
State criminal drug sta~utes;
"Criminal dr~g statute" me~ns a Federal or non-Federal criminal statute
involving the manufact~re, distribution, dispensing, use, or p8ssession of
any cOIltrolled substance;
"Employee" means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All "direct charge"
employees; (ii) all "indirect. charge" employees unless their impact or
involvement is insianificant ~o the performance of the grant; and (iii)
temporary personnel and consultants who are directly engaged in the
performance of work under the grant B:1d who are on the grantee's payroll.
This definition does not i~clude workers not on the payroll of the grantee
(e.g., volunteers, even jf used to meet a matching requirement; consultants
or independent contractors not on the grantee's payroll; or employees of
sL:brecipients or s'Jbccntrac:tors in covered workplaces) .
![em f'Jo, 1 ~SD3
.,,"pnl 28. 2009
P3;J8 i 7 ::jf i36
Q,\\.'.t:.Nror.
v~' .ll..'c',
(* 1~lf) Fourth Progr~m Year
?&~ND~'J~\()~ (FY2009) Action Plan
The CPMP Action Plan includes the SF 424 and Narrative Responses to Action Plan
questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year
in order to be compliant with the Consolidated Planning Regulations.
Complete the fiIIable fields (blue cells) in the table below. The other items are pre-
filled with values from the Grantee Information Worksheet.
-
'\pplicant Identifier
B-09-UC-120016 TVDe of Submission
Date Received bv state State Identifier It.nnlicatiDn Pre-annlication
Date Received bv HUD Federal Identifier 10 Construction o Construction
II3J Non Construction o Non Construction
IADolicant Information
Collier Countv Board of County Commissioners Contact: Marcv Krumbine
Public Services Administration Phone: (239) 252-HOME
.3301 Tamiami Trail East T Fax: (239) 252-2331
INanles FL 134112 MarcvK rumbi ne@colJieraov,net
Emnlover Identification Number (EIN': --,-
596000558
lII.pplicant Type: Specify Other Type if necessary:
Local Government: County
U.S. Department 01
IProgram Funding HousinQ and Urban Development
ICatalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s);
l-o.reas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding
Community Development Block Grant 14.218 Entitlement Grant
CDBG Project Titles Acquisition and Rehabilitation of Description of Areas Affected by CDBG
Foreclosed Homes, Land Acquisition, Park, Project(s) Countywide/Collier County, FL
Sidewalks, Public Facility, and Public Services to
benefit low income individuals and families.
I$CDBG Grant Amount $2,324,214 ~Additional HUD Grant(s) IDescri be
I Leveraqed $0
i$Additional Federal Funds Leveraged $Additional State Funds Leveraged
I$LOCaIIY Leveraged Funds $8,748,916 $Grantee Funds Leveraged
-
I.tAnhcin."terl D...,...rt...."....... Tn....,.............. II ()thpr (rJpcrrih",,'1
!-+''' \.' 'I-'u u, <v:i'u", ~,,\"u"'o.;; V I~""~' ,---~"-~,
~otal Funds Leveraged for CDBG-based Project(s) $ 8,748,916
i~em ~<Cl. ':SD3
Apt ii 28, 28J::J
PaQs L 8 ()f ':;6
Person to be contacted regarding this application
_m__.._'"__ - --------------- .~---_.._-_.-
Marcy Krumbine I ----~..._-_.._._-"--_."
(239) 2S2-HOME
Ma rcyKrum bine@collie':gov:;;;;ij---- . --
Signature of Authorized Representative Oate Signed
Board of County Commissioners
Icollier County, Florida
,
I ----~-
iSv; Donna Fiala, Chairman ...-.--
,'\pproved as to form & legal sufficiency
~~,-
Colleen Greene,
Assistant County Attorney
/^"TTEST
')W!GHT E, SROCK, Oiet'l
!\CJenda itEm t\lo_ I GD3
, .4prd 28, 2009
Page 19 oT 66
Home Investment Partnerships Program 14.239 HOME --.-----
HOME Project Titles Rehabilitation of Foreclosed .. .-
Descrrption of Areas Affected by HOME
Homes housina rehabilitation and CHDO set aside Pro;ect(s) Countvwide/Collier Countv, FL
$HOME Grant Amount $664,383 + I~Additlonal HUD Grant(s) Describe
$5,621 for ADDI Leveraqed
$Addltional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income 0 Other (Describe)
~otal Funds Leveraged for HOME-based Project(s) $0
Housing Opportunities for People with 14.241 HOPWA
~IDS
HOPWA Project Titles N/A Description of Areas Affected by HOPWA
Proiectrs) N/A
$HOPWA Grant Amount $0 I~Additional HUD Grant(s) Descri be
Leveraaed
$Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Localiy Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Descri be)
otal Funds Leveraged for HOPWA.based Project(s)
Emergency Shelter Grants Program 14.231 ESG
ESG Project TitlesShelter Operations for the SheiterlDescription of Areas Affected by ESG
or Abused Women and Children IProject(s) Countywide /Coliier County, FL
$ESG Grant Amount J~Additional HUD Grant(s) Leveraged Describe
9:;,197~.______._. .. -- Q------.. ------~T-------~~------
$Additional Federal Funds Leveraged I$Additional State Funds Leveraged
$Localiy Leveraged Funds $Grantee Funds Leveraged $95,197
$Anticipated Program Income 0 Other (Describe)
otal Funds Leveraged for ESG.based Project(s) $95,197
Conaressional Districts of: Is application subject to review by state
..13 ' I 26 Executive Order 12372 Process?
Is the applicant delinquent on any federal DYes This application was made available to
debt? If "Yes" please include an additional the state EO 12372 process for review
document explaining the situation, ~[)ATE
X No PEQ9Eam.is not covered by EO 12372
h" --TiS] No rI ~'J~ I Program i'lds not been selected by the
U Yes IU1'l/f>I
state for review
I
::is; it~m rJD, 1 GD3
;"'-"11 -:p, /:)(jg
?,~~;:,...=u~, ;i 'J'S
AGREEMENT BETWEEN COLLIER COUNTY
AND
Entel' SUBRECIPIENT NAME
Enter. PRQJECT rIj'LFJ
Catalog of Federal Domestic Assistance # 14.218
BUD Grant # B-08-UC-12-00l6
THIS AGREEMENT is made and entered into by and b~tW~~ll Collier County, a
political subdivision of the State of Florida, ("COUNTY"), and "", Entl.ll' Subrecipilint
N~me,'j choose either: a private not-for-profit corporation OR municipality existing
nnder the laws of the State of Florida, having its principal office at'\;;,;Jt!!t~~;s'll.~~e~ii!!~nt
.;"".'- ,... ". .,~.-..-:- '-, ":":",,<,':". c,', ::" :....., .-': .' ,-.', .- -'."..: . :...c" .., -. " '.':.,..... ....- ":. . . .. . . . ".. '1
a44!:!l~~."aJ!4;!;ity;:;:FJ:.,;~n).<:Q:pE; and its Federal Tax Identification number as Entcr
Subrecipicnt tax ID number, ("SUBRECIPIENT").
WHEREAS, the COUNTY has entered into an al,'Teement with the Unitcd States
Dcpartmcnt 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 thc Housing and Community Developmcnt Act of 1974 (as
amended); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain
activities to primarily benefit low and modcrate income persons and neighborhoods and to
alternatively use Community Ocvelopment Bloek Grant (CDBO) funds for: slum or blight
treatment or for an urgent community nced; to improve the quality of life in Collier County by
providing infrastmcture improvements, public facilities, and other activities which are related to
neighborhood/community improvemcnts; to improvc the condition of life for persons who
require physical access or other services that meet their individual needs; and to provide for long
range community improvem"nts by assessing cun'ent '-'Onditions and planning long range
improvement prol,'rams as described in tile Consolidated Plan submission; and
WHEREAS, the Board of County Commissioners of Collier County approved the
Collier County Consolidated Plan - One-Year Action Plan for Fcderal Fiscal Year 2008-2009 for
the CDBO Program with Resolution 2008-121 on Aplil 22, 2008; and
WHEREAS, Resolution 08-121
Consolidated Plan - Citizen Participation
01-02; and
was
Plan,
developed
adopted on
following
January 9,
the Collier County
2001 with Resolution
WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan
for Federal Fiscal Year 2008-2009 for the COBG Program and the use of the COBG funds for
the :lcti\'ities identified in the Plan; and
WHEREAS, the COL"NTY and the SUBRECIPIENT desire to provide the actIVItIes
specitled in Exhibit A of this Agreement, in accord with the approved Consolidatcd Plan; and
2()()~ CDBG
Revised 4i20-'2U09
Page 1 of 32
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Page 21 of 66
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CDBG Proi,'Tam as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s ).
(B) "CDBG" means the Community Development Block Grant Proi,'Tam.
(C) "HHS" means Collier County Department of Housing and Human Services.
(D) "HHS's Approval" l11cans the written approval of the Department of Housing and
Human Services or designee.
(E) "SUBRECIPIENT" means Enter Name of Subrecipient Here
(F) "HUD" means the U.S. Department of Housing and Urban Development or a
person auth01;zed to act on its behalf.
(G) "Low and moderate income persons" mcans the definition set by HUD.
(H) "Project" means the work to be performed as set forth in Exhibit "A."
II. SCOPE OF SERVICES
The SUB RECIPIENT shall, in a satisfactory and proper manner, as detetmined by HHS,
perfonn the tasks necessary to conduct the program outlined in Exhibit "A."
Ill. TIME OF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be Month,
Date, Year . The services of the SUBRECIPIENT shall be undertaken and completed in
light of the purposes of this Agreement. In any event, all services required hereunder shall be
completed by the SUBRECIPIENT prior to Enter Date from Scope . Any funds not
obligated by the expiration date ofthis Agreement shall automatically revert to the COUNTY, as
set forth in Part IX (H), and Part VIII (H) below.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for
allowable costs, detennined by COUNTY, in an amount not to exceed Insert Dollar Value and
00/100 dollars (U.S. $) for the services described in Exhibit "A."
All iInproVclncnts specificd in Exhibit HAl! shall bc perfanncd by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPJENT shall enter into contract for
improvements with the lowest responsive and qualified bidder. Contract administration shall be
2008 CDBG
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,Apt"il 28, 2009
F'3g~ 22 of Go
handled by the SUBREClPIENT and monitored by HHS, which shall have access to all records
and documents rclated to the project.
The County shall reimburse the SUBREClPIENT for the perfonnance of this Agrecment
upon completion or partial completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports. Paymcnts shall be made to the
SUBREClPIENT when requcsted as work proi,'resscs bnt not more frequcntly than once per
month. Payment will be made upon receipt of a proper invoice and in compliance with ~ 218.70,
Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will
be made until approved by HHS.
V. NOTICES
All notices rcquired to be given under this Agreemcnt shall be sufficient when delivered
to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida
34104, and to the SUBRECIPIENT when delivcred to its office at the addrcss listed on page one
(1) of this Agrecment.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordancc with applicable
Fcderal, Statc, and County laws, ordinanccs and codes and with the procedures outlincd in HHS'
Policics and Procedures memoranda.
Should a project receive additional funding after the commencement of this Ai,'Teement,
the SUBREClPlENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by HHS or its dcsigncc
within forty-five (45) days of said official notification.
B. DEBARMENT
The SUBRECIPIENT certifies that neither it, nor its principals, is prcscntly dcbancd,
suspended, proposed for debannent, 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 dcbaned or suspcnded from participating in this
covered transaction.
C. LOCAL AND FEDERA.L RULES. REGCLA TIONS AND LA ViS
The SUBRECIPfENT agrees to comply with any applicable laws, ordinances, regulations
and orders of the State, local and Federal govcrnments, including, but not limited to:
200$ CDRe
Revised 4/20/2009
Page 3 of 32
ILerr: !\]o, 16D3
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P3~'e 23 Df 66
I. 24 CFR 570, as amended - The regulations govermng the expenditure of
Community Development Block Grant (CDBG) funds,
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure,
3. Title VI of the 1984 Civil Rights Act, 42 USC ~ 2000d, et, seq.
4. 24 CFR 107 - The regulations issued pursuant to Executive Order I 1063 which
prohibits discrimination and promotes equal oppOliunity in housing.
5, Executive Order 11246 ("Equal Employment OppOliunity"), as amended by
Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds,
6. Title VII of the I 968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC ~ 2000e, ct. seq.
7, 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of I 968, as amcnded,
8. Age Discrimination Act of 1975,
9. Contract Work Hours and Safety Standards Act, 40 USC 327-332,
10. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),
II. Unifonn Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended.
12. 29 CFR Pmis 3 and 5 - Regulations which prescribe the payment of prevailing
wages and thc use of apprcntices and trainees on federally assisted projects as mandated by the
Davis-Bacon Act. HUD Form 4010 must bc included in all construction contracts funded by
CDBG. (See 42 USC 276a and 24 CFR 135.11 (c)),
13. Executive Order 11914 - Prohibits discrimination with respect to the handicappcd
in federally assisted projects.
14. Executive Order I 1625 and U.S. Department of Housing and Urban Development
Circular Lcttcr 79-45 - which prcscribes goal percentagcs for participation of minority busincsses
in Community Development Block Grant Contracts,
15. Public Law 100-430 - the Fair Housing Amcndments Act of 1988,
16, 24 CFR 130 - discrimination ----
ZOOS CDBG
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its:---n hiD, 1 'SD3
~.rJnl 28. 2009
P328 24 ,:Jf 66
17. Public Law 100-430, the Fair Housing Amendments of 1988.
18. OYrB Circular A-B3 - concerning annual audits.
19.0MB Circular A-l22 - which identities cost principles.
20. 24 CFR 84 - Unifonll Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.
21. 24 CFR 85- Unifonll Administrative Requirements for Grants and A[,'Teements to
State and Local Governments.
22. Immigration Refonll 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
refercnccd hcrein shall constitute a breach of this a[,'fcement, and the County shall have the
discretion to unilaterally terminate this agreement immediately.
23. Chapter 112, Florida Statutes.
24. Prohibition Of Gifts To County Employees - No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, serviec or other item of value
to any County employec, as set forth in Chapter 112, Pati III. Florida Statutes, Collier County
Ethics Ordinance No. 2004-05. as amended, and County Administrative Procedure 5311.
25. Order of Precedence - In the event of any cont1ict between or among the tenns of
any of the Contract Documents, the terms of the A[,~'Cement shall take precedence over the terms
of all other Contract Documents, except the telms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any cont1ict in the terms of the Contract
Documents cannot be rcsolved by application of the Supplemental Conditions, if any, or the
Agreement, the cont1ict shall be resolved by imposing the more sl1iet or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
26. Venue - Any suit or action brought by either party to this Agreement against the
other patiy relating to or arising out of this Agreemcnt must be brought in the appropriate federal
or state courts in Collier County, Florida, which cOUlis have sole and exclusive jurisdiction on all
such matters.
27. Dispute Resolution - Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties. the patiies shall make a good faith
effOli to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SUBRECIPIENT \\'1th full decision-n1aking authority and by COUNTYlS
staff person who would make the presentation of any settlement reached during negotiations to
COUNTY for approvaL Failing resolution. and prior to the commcnccment of depositions in any
litigation between the parties arising out of Ihis Agreement, the paliies shall attempt to resolve
the disput,:: through l\'lediation before an agreed-upon Circuit Court !\1ediator certified by the
20ng CD8G
Revised 4/20/2009
Page 5 01'32
!tem ~~o_ i 6D3
f\pril 28~ 2?~~
Page 20 ell !J8
State of Florida. The 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 at mediation to COUNTY'S board for approval. Should
either party fail to submit to mcdiation as required hereunder, the other party may obtain a court
order requiring mediation under S 44.102, Fla. Stat.
D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPlENT shall be specifically by
written contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and ree,'ulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically
include a determination of compliance with the tenns of the attached Scope of Services set forth
in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules mect
the minimum standards as established by the Collier County Purchasing Department, Florida
Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost.
None of the work or services covered by this Agreement, including but not limited to consultant
work or services, shall be subcontracted by thc SUBRECIPIENT or reimbursed by the COUNTY
without prior written approval of the HHS or its desi!,'11ee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written
agreement executed by the governing boards of both partics, except that County representative(s)
may approve adjustments between line item amounts, scope clarifications, or an extension of
time and schedule that do not change the project, or exceed the amount funded by the County, as
stated herein. Any modifications to this contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such modifications are
authotized.
F. INDEMNIFICATION
To the maximum extent pem1itted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless Collier County, its offIcers and employees from any and all liabilities,
damages, losses and costs, 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 anyone en1ployed or utilized by the SLTBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any othcr rights or remedies which otherwise may be available to an
indemnified party or person described in this para!,'Taph. This section does not pertain to any
incident arising from the sole negligence of Collier County. The foregoing indelnnification shall
2008 CDBG
Rl:viscd 4/20/2009
Page 6 of 32
item ~~o, 1 GD3
28. 2:1)9
26 ~)f G6
not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,
Florida Statutes.
G. GRANTEE RECOGNITION
All facilities purchased or eonstructed pursuant to this Agreement shall be clearly
identified as to funding source. The SUBRECIPlENT will include a referenee to the finaneial
support herein provided by HHS in all publications and publicity. In addition, the
SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made
possible with funds made available under this Agreement. The SUBREClPlENT will mount a
temporary eonstruction sign for projects funded by HHS. This design concept is intended to
disseminate key infonnation regarding thc developmcnt team as well as Equal Housing
Opportunity to the gcncral public. The construction sign shall comply with applicable County
codes.
H. TERMINATION
In cvcnt oftclmination for any of the reasons identified in sub-sections 1-3 as follows, all
finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs,
repOlis prepared, and capital equipment secured by the SUBRECIPIENT with funds under this
Agreement shall be retumed to HHS or the COUNTY. In the event of tennination, the
SUBRECIPIENT shall not be relieved ofliability to the COUNTY for damages sustained by the
COUNTY by virtue of any brcach of thc Contract by the SUI3RECIPIENT, and the COUNTY
may withhold any payment to the SUBRECIPlENT for set-off puq)()ses until such time as the
exact amount of damages due to thc COUNTY li.om the SUB RECIPIENT is determined.
I. TERMINATION FOR CAUSE
If through any cause eithcr party shall fail to fulfill in timcly and proper manner its
obligations under this Agreement, or if either pm1y shall violatc any of the covenants,
agreements, or stipulations of this Agreement, either pm1y shaIl thereupon have the right to
terminate this Agreement in whole or part by giving writtcn notice of such termination to the
other party and spccifying therein the effective datc oftcl1l1ination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during thc tcrm of this Agrccment, either party may, at its option and for any
reason, tenninate this A!,'Teement upon ten (10) working days written notice to the othcr party.
Upon telmination, the COUNTY shaIl pay the SUBRECIPIENT for services rendered pursuant
to this Ah,'feement through and including the date of termination. (See 24 CFR 85.44.)
3. TERMINA nON DUE TO CESSATION
In the event the grant to the COlJNTY under Title I of the Housing and Cot11n1unity
2008 CD13G
Revised 4/20/2()()9
Page 7 of 32
j1gsnda It9m ~~O, ~16D3
ApI" 2~8, 20?9
Pa;:9 .::.7 or u6
Development Act of 1974 (as amended) is suspended or terminatcd, this Ab'fCcment shall be
suspended or terminated effective on the date that HUD specifies.
1. INSURANCE
SUBRECIPIENT shall obtain and CaITY, at all timcs during its performance under the
Contract Documents, insurance of the types and in the amounts described herein and further set
forth in Exhibit "D" to this Agreement.
J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit D shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of
this contract. The contract is contingent upon reccipt of the insurance documents within fifteen
(15) calendar days after the Board of County Commissioners' approval. If the Insurance
certificate is receivcd within the specified period, but not in the manner prescribed in these
requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an
additional five (5) calendar days to submit a cOlTected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calcndar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of
the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT ab'Tees that it will be acting as an independent agent and that its
cmployecs are not Collier County employees and are not subject to the County provisions of law
applicable to County employees relative to employments, hours of work, rates of compensation,
leave, unemployment and employee benefits.
VII. ADMINISTRATIVE REOUlREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Unifonn
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles
and procedures required therein, utilize adcquate intcmal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORDKEEPING
1. The SUBRECfPIENT shall maintain all records required by CDBG.
2008 CDBG
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2. All reports, plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the SUB RECIPIENT for the
purpose of this Ab'reement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work contemplated
under this Agreement copies of all documents and records relating to this Agreement shall be
surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and
records for three (3) years after expiration of this Agreement.
3. The SUB RECIPIENT shall submit reports as required to assist the COUNTY in
the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. The SUBREClPlENT shall submit detailed monthly progress reports to HHS
outlining thc status of specific activities under the project. Each repOli must account for the total
activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which
is required in fulfillment of their obligations regarding the Project. The progress reports shall be
submitted on the fom1 Exhibit "G,"' Schedule '.G-2."
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 mall1taln records showing compliance with federal purchasing
requirements and with other federal requirements for grant implemcntation.
6. If indirect costs are charged, the SUB RECIPIENT will develop an indirect cost
allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs
and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY.
7. Failure to adequately maintain any former CDBG funded project may result in the
delay of processing reimbursement requests for ongoing activities or in the !')l'feiture of future
CDBG funds.
8. The SUBRECIPIENT will be responsible for the creation and maintenance of
income eligible files on clients served and documentation that all households are cligible under
HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. REPORTS. AUDITS. AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, :lnd em the resolution of !11onit011ng or :1udit findings identified
2008 CDlJG
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... Aprii 2,3, 2009
Page 29 of 66
pursuant to this Agrecment.
The SUB RECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as detemlined necessary. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBREClPIENT shall, upon the request of HHS, submit
information and status reports required by HHS or HUD to enablc HHS to evaluate said progress
and to allow for completion ofreports required. The SUBRECIPIENT shall allow HHS or HUD
to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as
determined by HHS or HUD.
D. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY, AND HUD
REOUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agrecment to
supplement rather than supplant funds otherwise available for specified activities.
E. PRIOR WRITTEN APPROVALS
(I) All subcontracts and agreements proposed to be cntered into by the
SUBRECIPIENT pursuant to this Ai,'reement;
(2) All capital equipment expenditures of $1 ,000 or more;
(3) All out-of-town travel (travel shall be reimbursed in accordance with
Chapter 112, Fla. Stat. unless otherwise required by CDSG);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this
agreement for programs described in Exhibit "A"; and
(6) All ratcs of pay and pay increases paid out ofCDBG funds, whether for
merit or cost of living.
F. PURCHASING
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 procedures prescribed by the
Federal Management Circulars A-I 10, A-122, 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
1. Non-profit organizations that expend $500,000 or more annually in federal
awards shall have a single or prof,'fam-speci fic audit conducted for that year in accordance with
OMS A-133. Non-profit organizations expending federal awards of $500,000 or more under
only one federal program may elect to havc a program-specific audit performed in accordance
with OMB A-133.
2. Non-profit organizations that expend less than $500,000 annually in
federal awards shall be cxempt fi'om an audit conducted in accordance with OMB A-133,
2008 CDBG
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although their records must be availablc for review (c.g., inspections, evaluations). These
agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit,
performance audits). They may choose, instead of a Reduced Scope Audit, to have a prob'Tam
audit conducted for each federal award in accordance with federal laws and reb'Ulations
governing the prob'Tam in which they participate.
3. When the requircments of OMB A-l33 apply, or when the
SUBREClPIENT elects to comply with OMB A-I33, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by the
SUBRECIPIENT. A copy of the audit report must be received by HHS no latcr than six months
following the end of the SUBREClPIENT's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements
of OMB A-133 do not apply or are not electcd, the SUBRECIPIENT may choose to have an
audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the
period during which HHS-federal assistance has been received. In eithcr case, each audit shall
cover a time period of not more than twelve months and an audit shall be submitted covering
each assisted peliod until all the assistance received from this contract has been repOlted. Each
audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover
only those services undertaken pursuant to the terms of this contract. A copy of the audit report
must be rcecived by HHS no latcr than six months following each audit period.
5. The SUBRECIPfENT shall maintain all contract records in accordance
with generally accepted accounting principles. proccdures, and practices which shall sufficiently
and properly reflect all revenues and expenditures of funds providcd dircctly or indirectly by the
County pursuant to the terms of this Ab'TCel11Cnt.
6. The SU13RECIPIE\lT shall include in all IHIS approved subcontracts
each of the record-keeping and audit requircments detailed in this contract.
1-1. PROGRAM-GENERATED INCOME
All income earned by the SUSRECIPIENT from activities financed in whole or in part
by funds provided hereunder must be repOlted to HHS. Such income would include, but not be
limitcd to, income from sen'ice fees, sale of commodities, and rental or usage fees. The
SUSRECIPIENT shall repOlt its plan to utilize such income to HHS, and said plan shall require
the prior written approval of HHS or its designee. Accounting and disburscmcnt of such income
shall comply with OMS Circular A-I 1 0 (Uniform Administrative Requirement for Federal
Grants) and other applicable regulations incorporated hercin by rcfercnce.
Program Income, as defined by 24 CFR 570.500(3), may be retained by the COUNTY.
Program Income shall be utilized to undertake activitics spccified in "Exhibit A" of this
Agrcement, and all provisions of this Agreement shall apply to stated activities. Any Prob'ram
Income received by the SUBRECIPIENT or its sub-contractors shall be returned to the
COUNTY unless the SUBRECIPlENT requcsts and is authorized by HHS to utilize
:ZOOS CDBO
Revised 4/20:'20{)l)
P:lgC I [ of:n
itfjnl !~O. 16D3
~\pril 28~, 20~9
r'a~]e 3! ('if 06
uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to thc COUNTY shall not cnd 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, unspent cash advances, program incomc balances, and receivable
accounts to the COUNTY), and determining the custodianship of records.
VIII. OTHER PROGRAM REOUlREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUB RECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the perfonnance 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 projcct arcas shall be given
opportunities for training and cmployment; and to the grcatest feasible extent eligible business
concems located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the projcct. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED
BUSfNESS ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the
SUBRECIPIENT shall make a positive effOlt to utilize small business and minority/women-
owned business entcrprises of supplies and services, and provide these somces the maximum
feasible opportunity to compete for contracts to be performed pmsuant to this Ab'feement. To
the maximum extent fcasible, these small business and minority/women-owned business
enterprises shall be located in or owned by residents of the CDBG areas designated by Collier
County in the Annual Consolidated Plan approved hy HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the heneficiaries of a project funded through this
AgreelTIent lTIUst be 10w- and rnodcrate- inc01ne persons, If the project is located in an
entitlement city, as defined hy HUD, or serves heneficiaties countywide, more than thirty percent
(30%) of the heneficiaries directly assisted undcr this Agreement must reside in unincorporated
Collier County or in municipalities participating in the County's Urhan County Qualification
PrC)(r!-urll--n TllP l"'lrnJ'pr't 'l'u'111 ~lSSl'St b0'1c.fiI'1'arJ'es"s dp"J11pd O,hc\Vp fnl' t110 titne 'Jel-1"d dps1(J"qtprlJ"1
. b' d.. ..... t'. '-' --.... '-', u...., ....L ' ...., '... ....L __ . "__ L-~J ~L.... ',L' l' '''' .... Ab'LU.~....... ,
2008 COSU
Revised 4/20/2009
Page 12of32
ite;" 'h. ~ '303
(, '-;1 ~)Q 7J"(1
~p" '-,,-'~' -' ~:
,-' 3~Je 0L:Jf l:)!')
Exhibit "A" of this Agreement.
D. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Ab'feement and that no person having any conflict of interest shall
be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on
the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided,
however, that this paragraph shall be interpreted in such a manner so as not to uiU'easonably
impede the statutory requirement that maximum oppOliunity be provided for employment of and
participation oflow and moderate-income residents of the project target area.
E. PUBLIC ENTITY CRIMES
As provided in S 287.133, Fla. Stat. by cntering into this Agreement or perfonning 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 Dcpartmcnt of Management Services
within thc 36 months immediately preccding the date hereof. This noticc is rcquircd by S
287.133 (3)(a), Fla. Sial.
F. DRUG-FREE WORKf'LACE REOUIREMENTS
The SUBRECIPIENT must certify that it will provide (h'ug-free workplaccs 111
accordance with the Drug-Frcc Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LOBBYING
The undersigned celiifies, to the best of his or her knowledge and belief, that:
1. 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 Mcmber of Conb'fess, an oftlccr or employee of Congress, or an
employee of a Member of Congress in conncction 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 ab'fcement, and the extension, continuation, renewal, amendment, or modification of
any Fcderal contract, grant, loan, or cooperative agreement.
7 If anv Hmds other th'111 Federal annronriated f'llld, h'lve heen naid or wi]]
-- un.; __ ____~ _ _____ nn.._ - __ _ --r-,- -'r _____~ __.u~_ u_ ,- - __u r- - --,-
be paid to any person for influencing or attempting to influcnce an oftlcer or employee of any
agency, a Member of Congress, an officer or cmployee of Congress, or an cmployee of a
Member of Congress in connectiun with this Federal contract. b~'ant, loan, or cooperative
200S CDSG
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Page lJ of}2
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agreement, the undersigned shall complete and submit Standard Fonn-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instmctions.
3. The undersigned shall require that the language of this celiification be
includcd in the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, contracts under h'l"ants, loans, and cooperative agreements) and that all SUBRECIPIENTS
shall ccrtify and disclose accordingly.
I. REAL PROPERTY
Any real property acquired by the SUB RECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Rcal Property Acquisition Policies Act of 1970 and 49 CFR 24.101,
shall be subject to the provisions of CDBO including, but not limited to, the provisions on use
and disposition of propeliy. Any real property within the SUBRECIPIENT control, which is
acquired or improved in whole or part with CDBO funds in excess of $25,000, must adhere to
the CDBO Regulations at 24 CFR 570.505.
IX. ENVIRONMENT AL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements:
1. Clean Air Act, 41 USC 7401, elseq.
2. Federal Watcr Pollution Control Act, 33 USC 1251, el seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002), 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 obtaincd and maintained. If appropliate, a letter of map amcndment (LOMA) may be
obtained fi'om FEMA, which would satisfy this requirement and/or reduce the cost of said flood
insurance.
C. LEAD-BASED PAINT
The SUBRECIPlENT agrees that any constmction or rehabilitation of rcsidcntial
structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint
Poisoning Prevention Act found at 24 CFR 570.608.
D. HISTORIC PRESERVATION
The SUBRECIPIENT ab~'ccs to comply with the HistOlic Prcscrvation requirements set
forth in the National HistOlic Preservation Act of 1966, as amended (16 USC 470) and the
2008 CDBG
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procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for
Protection of Historical Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 570.200U) specifies the limitations on CDBG funds.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBREClPIENT shall transfer to the COUNTY
any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the
use of CDBG funds, and any non-expendable personal property that was purchased with CDBG
funds. Any real propeliy under SUBRECIPIENT control will be covered by the regulations 24
CFR 570.503(B)(8).
XII. SEVERABILITY
Should any provision of the Agrccmcnt bc determincd to be uncnforccable or invalid,
such a dctcnnination shall not affcct the validity or cnforccability of any othcr section or pati
th ereo f.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of Insert written number of pages (#) cnumerated pages,
which include the exhibits refcrcnced herein, shall be executcd in two (2) counterparts, each of
which shall be deemed to be an original, and such counterparts will constitute one and the same
instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the
parties and constitutes thc entire understanding. The pmiies hcreby acknowledge that there have
becn and are no reprcscntations, wan-anties, covcnants, or undeliakings othcr than thosc
expressly sct forth herein.
IN WITNESS WHEREOF, the Subrccipicnt and the County, have each, respectively,
by an authorized person or agcnt, hcreunder set their hands and seals on this Enter Month,
Date, Year
2()()g CDBCl
Revised 4/20'2009
Pagl: 15 (11'32
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
(SEAL)
First Witness
Type/print witness name
Second Witness
Type/print witness name
200S CDSO
Rc\'i~cd 4/2(J,"200c)
~(j8nda Item No, 16D3
~ April 28, 2009
P3ge 35 (:If 56
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
CHAIRMAN
Insert the name of Subreeipient here!
By:
Subrecipient Signature
-
Type/print Subrecipient name and title
Approved as to [<lnn and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
Page I () \)1' 32
l~eiT: :',10, '1 GU3
28, 20(;9
'}S elf e;-s
AGREEMENT BETWEEN COLLIER COUNTY
AND
~.?~l~..?~t
N' im~;;'.fl".r\lje\:~
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # M-08-UC-12-001 7
THIS AGREEMENT is made and entered into b~a.l1d.?etween Collier County, a political
subdivision of the State of Florida, ("COUNTY"), and Non-profit a private for-profit corporation
existing under the laws of thc State of Florida, having its principal office at Acicif&ss, and its
Federal Tax Identification number as xx:xxxx C'DEVELOPER/SPONSOR").
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-Gonzalcz 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 Ycar 2008-2009 for
the HOME Program with Resolution 2008-121 on April 22, 2008; and
WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan
for Federal Fiscal Y car 2008-2009 for the HOME Program and the use of the HOME funds for
thc activitics identified in the Plan; and
\VHEREAS, the COUNTY and the DEVELOPER/SPONSOR desire to provide the
activities specified in this Agreement, in accord with thc approvcd One-Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER/SPONSOR to
implement such undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations hercin
contained, the Parties a!,'Tec as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and whcre applicable, it's authorized
representative( s).
(B) "HOME" is the HOME Investment Partncrships Program as described in 24 CFR
PaJi 92, under the authority 01'42 USC 3535(d) and 12701 - 12839.
(C) "HHS" mcans the Housing and Human Services Dcpartmcnt of Collier County.
(D) "DEVELUPER/SPUNSUR' means NAME OFStJBREclPlENT.
(E) "HHS APPROVAL" mcans the writtcn approval of thc Housing and Human
Services DepartInent or designee.
(F) "'HL~D" means the Scc:'etary of the U,S. Departrncnt of Housing and Urban
DeveloplTIent or a person authorized to act on its behalf.
Non~Profit Page 1 of 26
2008-HOME
Agenda Item t'~J, 1603
April 28, 2009
Page 37 elf i3G
(G) "Low and moderate income persons" means the definition set by HUD.
(H) "PROJECT" means the work to be performed as set forth in Exhibit "A".
(I) "AGENCY" means HHS, the HOME administering Agency of Collier County.
For the purpose of this Agreement and all administration of HOME funds, the
AGENCY shall act on bchalf of the COUNTY in the execution and fiscal and
programmatic control of this agreement.
(J) "FEE" is the amount of money the COUNTY agrees to pay and the
DEVELOPER/SPONSOR agrecs to accept as payment in full for all the
professional and technical services rendered pursuant to this Agreement to
complete the WORK as further defined in Section III, Scope of Work.
(K) "WORK" - is all thc professional and technical services to be rendered or
provided by the DEVELOPER/SPONSOR as described here.
II. SCOPE OF SERVICES
The DEVELOPER/SPONSOR shall, in a satisfactory and proper manner, as detem1ined by
HHS, perf 01111 the tasks necessary to conduct the program outlined in Exhibit "A," and shall
submit each request for rcimbursement using Exhibit "B" along with the monthly submission of
Exhibit "E," all of which are attached hcreto and made a part hereof.
III. TIME OF PERFORMANCE
Thc effective date of this A!,,'Teement between HUD and Collier County shall be Julv L 2008.
The services of the DEVELOPER/SPONSOR shall be unde11aken and completed in light of the
purposcs of this Agreement. In any event, all services required hereunder shall be completed by
the DEVELOPER/SPONSOR prior to December 31. 20 I O. Any funds not obligated by the
expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part
VIII(F)(e), and Part VIlI(H).
IV. CONSIDERATION AND LIMITATION OF COSTS
The DEVELOPER/SPONSOR shall be reimbursed by the COUNTY using federal funds fot;
allowable costs, determined by COlJNTY, in an amount not to cxceed XXXX,AND 001100
DQLLMS($xx:X) f{)r the services described in Exhibit "A."
All improvements speeified in Exhibit "A" shall be perfol1ned by DEVELOPER/SPONSOR
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and federal requirements. The DEVELOPER/SPONSOR shall enter into contract for
improvements with the lowest responsive and qualified bidder. Contract administration shall be
handled by the DEVELOPER/SPONSOR and monitored by the COUNTY, which shall have
access to all records and documents related to thc project.
V. NOTICES
All notices required to be givcn undcr this Agrccment shall be sufficient when delivered to HHS
at its office, presently locatcd at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104,
Non.Profit
2008.HOlvlE
Page 2 of 26
Iter1! t-~o, 1303
.'~uril 28, 2009
P2;;e 38 of (36
and to the DEVELOPER/SPONSOR whcn delivered to its office at the address listed on page
one of this Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The DEVELOPER/SPONSOR shall implement this Agreement in accordance with applicable
Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda.
Should a project receive additional funding after the commencement of this A),,'reement, the
DEVELOPER/SPONSOR shall notify HHS in writing within thirty (30) days of receiving
notification from the funding source and submit a cost allocation plan for approval by HHS or its
designee within forty-five (45) days of said official notification.
B. DEBARMENT
The DEVELOPER/SPONSOR certifIes that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
pm1icipation in this transaction by any Federal Department or agency; and, that the
DEVELOPER/SPONSOR shall not knowingly enter into any lower tier contract, or other
covered transaction, with a person who is similarly debarred or suspended from pm1icipating in
this covered transaction,
C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
The DEVELOPER/SPONSOR agrees to comply with any applicable laws, ordinances,
regulations and ordcrs of the State, local and Federal governments, including. but not limited to:
1. 24 CFR Part 92.206, HOME Investment Partncrship Prot,'Tam - The regulations
governing the disbursement of HOME funds.
2, 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3, Title VI of the 1984 Civil Rights Act, 42 USC ~ 2000d, et, seq,
4. 24 CFR 107 . The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing,
.'. C'~,,,,,,,+-;.,,, O~rL~.. 11 ');1;( I"C~nal ClnpI~''''--~''I-t "_pr,..+..~:+-..'l\ ",... "......c,....,.l"d h..
L.\.\;;I.-UllVL-- lUL--l 1 i.:..""tV \ LYU 1 L 1 U)lllv 1 Vp VIIUilllJ ;, a,:, (uu au\,...- u)'
Executive Orders 11375 and 12086 - which establishcs hiring goals for minorities and women on
projects assisted with federal funds.
6. Title VII of the 1968 Civil Rights Act as arncndcd by the Equal Employ-'ment
Opportunity Act of 1 ()72, 42 use ~ 2000c, ct. scq.
Non-Profit
200S-HOME
Page 3 of 26
.L\Qenda Hem No. 16D3
'- !\pti1 28, 2009
F'age 39 of 65
7, 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
8. Age Discrimination Act of 1975.
9. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
10. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5).
II. Unifonn Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended.
12. 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 40]0 must be included in all construction contracts funded by
CDBG. (See 42 USC 276a and 24 CFR 135.II(c)).
13. Executive Ordcr 11914 - Prohibits discrimination with respcct to the handicapped
in federally assisted projects.
14. Executive Order 11625 and U.S. Depmiment of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for pmiicipation of minority businesses
in Community Development Block Grant Contracts.
15. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
16. 24 CFR 130 - discrimination m_
17. Public Law 100-430, the Fair Housing Amendments of 1988.
18.0MB Circular A-133 - concerning annual audits.
19.0MB Circular A-122 - which identifies cost principlcs.
20. 24 CFR 84 - Unifonn Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.
21. 24 CFR 85- UnifOlID Administrative Requirements for Grants and Agreements to
State and Local Governments.
22. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, ct seq.
and regulations relating thereto. Failure by the DEVELOPER/SPONSOR to comply with the
laws referenced herein shall constitute a breach of this agreement, and the County shall have the
discretion to unilaterally tcn111natc this abIJ'CClnent in11nediatcly.
NOll-Profit
200S-I-tOME
Page 4 of 26
:~eiT t\Jo_ GD3
.4~JI'II 28. 2JC19
4[: ~jf '~.;;3
23. Chapter 112, Florida Statutes.
24. 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 ofvaluc
to any County employce, as set forth in Chaptcr 112, Part III, Florida Statutes, Collicr County
Ethics Ordinance ~o. 2004-05, as amended, and County Administrative Procedure 5311.
25. Order of Precedence - In the event of any eont1ict between or among the tenns of
any of the Contract Documents, the tem1S of the A!,'reement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the A!,'Teement. To the extent any cont1ict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the cont1ict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
26. Venue - Any suit or action brought by either party to this A!,'Teement against the
other party relating to or arising out of this Agreement must be brought in the appropriate federal
or state cOUlis in Collier County, Florida, which courts have sole and exclusive jurisdiction on all
such matters.
27. Dispute Resolution - Prior to the initiation of any action or proceeding pennitted
by this A!,'Teement to resolve disputes betwecn the parties, the parties shall make a good faith
eff01i to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of DEVELOPER/SPONSOR 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 resolutionl and prior to the comnleneelnent of
depositions in any litigation bctween the p3liies arising out of this Agreement, the partics shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
DEVELOPER/SPONSOR with full decision-making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached at mediation to COUNTY'S board
for approval. Should either party fail to submit to mediation as required hereunder, the other
pmiy may obtain a couli order requiting mediation under ~ 44.102, Fla. Stat.
D. SUBCONTRACTS
Any work or services subcontracted by the DEVELOPER/SPONSOR shall be specifically by
writtcn contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the DEVELOPER/SPONSOR of any subcontract hereunder, such subcontracts
111ust be sublnitted by the DEVELOPER/SPONSOR to HHS for its review and approval, 'vvhich
will specifically include a determination of compliance with the tenns of the attached Work
Program set forth in Exhibit "A."
This review also includes cilsuring
l111I111TImTI standards as established
that all consultant contracts and fee schedules lTICct the
h., tl~D r"ll;",.. rtn.",~tl' D".."l~"p;,~" r"""....".-t,....,..,""...,t J:;'1",..;rl",
'-'J "lv \.._'\..1lHvl '--'VUUlJ J U.l......1l(__h~lllb .............F'_.UllU......Ill-, J, J\..JJ'\.......
Non-Profit
200R-HCJ!vt E
Page 5 of26
item !'~o. 1503
April 28, 2009
Page.11 of 66
Statutes, and HUD. Reimbursements for such servIces will be made at
DEVELOPER/SPONSOR cost. None of the work or services covered by this Agreement,
including but not limited to consultant work or scrvices, shall be subcontracted by the
DEVELOPER/SPONSOR or reimbursed by the COUNTY without prior written approval of the
HHS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amcnded only by written agreement
executed by the governing boards of both parties, except that County representative(s) may
approve adjustments between line item amounts, scope clarifications, or an cxtcnsion of time and
schedule that do not change the project, or exceed the amount funded by the County, as stated
herein. Any modifications to this contract shall be in compliance with the County Purchasing
Policy and Administrative Procedures in effect at the time such modifications are authorized.
F. INDEMNIFICATION
To the maximum extent pelmitted by Florida law, the DEVELOPER/SPONSOR shall indemnify
and hold harmless Collier County, its otf1cers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attomcys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
DEVELOPER/SPONSOR or anyone employed or utilized by the DEVELOPER/SPONSOR 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 parab'faph. This section docs not pertain to any
incident arising from the sole negligence of Collier County. The foregoing indcmnification shall
not constitute a waiver of sovereign immunity beyond the limits sct forth in section 768.28,
Florida Statutes.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to
funding source. The DEVELOPER/SPONSOR will include a reference to the financial support
herein provided by HHS in all publications and publicity. In addition, the
DEVELOPER/SPONSOR will make a good faith effort to recognize HHS' support for all
activities made possible with funds made available under this Agreement. The
DEVELOPER/SPONSOR will mount a temporary construction sign for projects funded by HHS.
This design concept is intended to disseminate key infOlmation regarding the development team
as well as Equal Housing Opportunity to the general public. The construction sign shall comply
with applicable County codes.
H. TERMINATION
In event of termination for any of the reasons identified in sub-sections I -3 as follows, all
finished or unfinishcd documents, data studies, surveys, drawings, maps, models, photographs,
reports prepared, and capital equip111cnt secured by the DE\TELOPERJSPONSOR \vith funds
Non-Profit
200S-HOME
Page 6 of 26
iTem ;'~O,'1 GD3
6,prli 28, 2003
Page 42 Df Go
under this Agrecment shall be returned to HHS or the COUNTY, In the event of termination, the
DEVELOPER/SPONSOR shall not be relieved of liability to the COUNTY for damages
sustained by the COUNTY by virtue of any breach of the Contract by the
DEVELOPER/SPONSOR, and the COUNTY may withhold any payment to the
DEVELOPER/SPONSOR for set-off purposes until such time as the exact amount of damages
due to the COUNTY from the DEVELOPER/SPONSOR is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its
obligations under this Agreement, or if either party shall violate any of the covenants,
agreements, or stipulations of this Agreement, either party shall thereupon have the right to
terminate this Agreement in whole or pali by giving written notice of such tennination to thc
other party and specifying thcrein the effective date oftelmination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this A!,'feement, either paliy may, at its option and for any
reason, tenninate this Agreement upon ten (10) working days written notice to the other paliy.
Upon tennination, the COUNTY shall pay the DEVELOPER/SPONSOR for services rendered
pursuant to this Agreemcnt through and including the date oftennination. (See 24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
In the evcnt thc !,'fant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or tcnninated, this Agreement shall be
suspcndcd or terminated effective on thc date that HUD specifies.
I. INSURANCE
DEVELOPER/SPONSOR shall obtain and carry, at all times during its performance undcr the
Contract Documents, insurance of the types and in the amounts described herein and further set
fOlih in Exhibit D to this Agrcement.
J. DEVELOPER LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit D shall not relieve thc
DEVELOPER/SPONSOR of its liability and obligation under this subsection or undcr any
subsection of this contract. The contract is contingent upon receipt of the insurance documents
within fifteen (15) calendar days aftcr thc Board of County Commissioners' approval. [f the
Insuranc.e c.ertificate is received yvithin the specified period, but not in the 111anner prescribed in
thesc requiremcnts, the DEVELOPER/SPONSOR shall be verbally notified of the deficiency and
shall have an additional five (5) calcndar days to submit a correctcd CCliificatc (0 thc County.
If the DEVELOPEIVSPONSOR fails to submit thc requircd insurance documcnts in thc manncr
prescribed in these requirements within tWGnty (20) calendar days after the Board of County
Non-ProEt
2008-( IOME
Pagc 7 of 26
ltf~rn r'~o i 603
Api-d 28. 2009
Page 43 uf 66
Commissioners' approval, the DEVELOPER/SPONSOR shall be in default of the terms and
conditions of the contract.
K. INDEPENDENT AGENT AND EMPLOYEES.
The DEVELOPER/SPONSOR agrees that it will be acting as an independent agent and
that its employees are not Collier County employces and are not subject to the County provisions
of law applicable to County employees relative to employments, hours of work, rates of
compensation, leave, unemploymcnt and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The DEVELOPER/SPONSOR agrees to comply with OMB Circular A -110 (Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles
and procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incul1'ed.
B. DOCUMENTATION AND RECORDKEEPING
1.
The DEVELOPER/SPONSOR shail maintain all records required by the
HOME Fcderal Rcgulations for a period of five ycars (5) years after
expiration of this Agrcement.
2.
All reports, plans, surveys, infonnation, documents, maps, and other data
procedures developed, prepared, assembled, or completcd by the
DEVELOPER/SPONSOR for the purpose of this Ab'Teement shall be
made available to the COUNTY by the DEVELOPER/SPONSOR at any
time upon request by HHS. Upon completion of all work contemplated
under this Agrcement copies of all documents and records relating to this
Agreement shall be sUlTendered to HHS if requested.
3.
The DEVELOPER/SPONSOR shall submit repOlts as required to assist
the COUNTY in the preparation of HUD Labor Relations, WBE/MBE,
Equal Opportunity Employment, and HUD Section 3 reports, pursuant to
24 CFR 570.502, 507, and 92 (3)(vi).***RESEARCH.
4.
DEVELOPER/SPONSOR shall submit monthly beneficiary repOlts to
HHS using Exhibjt "C'.
5.
The DEVELOPER/SPONSOR shall maintain rccords showing compliancc
with thc Davis-Bacon Law, including files containing contractor payrolls,
elnployee intervie\vs, Davis-Bacon 'Nage rates, and administrative cross-
referencing_ DF:VELOPERISPONSOR shsll maintain records showing
contractor compliance with the Contract Work Hours and Work Safety
Non-Profit
200S-HOME
Page 8 of 26
:;sm r~o '1 G03
,~pnl 28, 2009
L10f36
Law. Similarly, the DEVELOPER/SPONSOR shall maintain records
showing compliance with federal purchasing requirements and with other
fcdcral rcquircments for grant implementation.
6. Indirect Costs: If indirect costs arc charged, the Developer will develop an
indirect cost allocation plan for determining the appropriate Developer's
share of administrative costs and shall submit such plan to the County for
approval, in a form specified by the County.
7. Failure to adequately maintain any tiJrmer HOME funded project may
result in the delay of processing reimbursement requests for ongoing
activities or in the forfeiture of future HOME funds.
8. The DEVELOPER/SPONSOR will be responsible for the crcation and
maintenance of income eligible files on clients served and documentation
that all households are eligible under HUD Income Guidelines.
9. The DEVELOPER/SPONSOR furthcr agrees that HHS shall be the final
arbiter on the DEVELOPER/SPONSOR's compliance with the above.
C. REPORTS. AUDITS. AND EVALUATIONS
Reimburscment will be contingent on the timely rcceipt of complete and accuratc rcpOlis
rcquired by this Agrecment, and on the resolution of monitoring or audit findings identified
pursuant to this A!,'feement.
D. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY, AND HUD
REOUIREMENTS
The SUBRECIPIENT a!,'fecs to utilize funds availablc undcr this Agreement to supplcment
rather than supplant funds otherwise available for specified activities.
E. PRIOR WRITTEN APPROVALS-SUMMARY
(1) All subcontracts and agreements proposed to be entered into by the
DEVELOPER/SPONSOR pursuant to this Agrccmcnt;
(2) All capital cquipment expenditures of $1 ,000 or more;
(3) All out-of-town travel; (travel shall be reimbursed in accordance with
S 112.061, cIa. Stat., unless otherwise required by HOME);
(4) All change Ol'dcrs; and
(5) An requests to utilize UnCOlTIlnitted funds after the expiration of this
agrecment for programs describcd in Exhibit A, and
All rates of pay and pay increases paid out of HOME funds, whether for
merit or cost of living.
(6)
Non-Profit
200g,HOME
Page 9 of 26
I~a'::;lida Item No. 1603
cc April 28. 2009
?aCle ~t5 of 66
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in confonnity with the procedures prescribed by the Federal
Management Circulars A-IIO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are
incorporated herein by reference.
G. AUDITS AND INSPECTIONS
I. Non-profit organizations that expend $500,000 or more annually in federal
awards shall have a single or program-specific audit conducted for that year in
accordance with OMS A-133. Non-profit organizations expending federal awards
of $500,000 or more under only one federal prol,'ram may elect to have a
program-specific audit performed in accordance with OMS A-133.
? Non-profit organizations that expend less than $500,000 annually in federal
awards shall be exempt from an audit conductcd in accordance with OMS A-133,
although their records must be available for review (e.g., inspections,
evaluations). These agencies are required by HHS to submit "Reduced Scope"
audits (e.g., financial audit, performance audits). They may choose, instead of a
Reduced Scope Audit, to have a program audit conductcd for each federal award
in accordance with fedcrallaws and rel,'lllations governing the program in which
they participate.
3. When the rcquircments of OMS A-133 apply, or when the
DEVELOPER/SPONSOR elects to comply with OMS A-l33, an audit shall be
conducted for each fiscal year for which federal awards attributable to this
contract have heen received by the DEVELOPER/SPONSOR. A copy of the
audit report must bc rccei ved by HHS no later than six months following the end
of the DEVELOPER/SPONSOR's fiscal year.
4. If an audit is rcquircd by Section G of this contract, but the requirements
of OMS A-133 do not apply or are not elected, the DEVELOPER/SPONSOR
may choose to have an audit performed either on the basis of the
DEVELOPER/SPONSOR's fiscal year or on the basis of the period during which
HHS-federal assistance has been received. In either case, each audit shall cover a
time period of not more than twelve months and an audit shall be submittcd
covering each assisted peliod until all the assistance reccived from this contract
has been repo11ed. Each audit shall adhere to all other audit standards of OMS A-
133, as thcse may bc limited to cover only those services undertaken pursuant to
the ten11S of this contract. A. copy of the audit report must be received by HHS no
later than six months following each audit period.
5. The DEVELOPER/SPONSOR shall maintain all contract Records in
accordance with generally accepted accounting principles, procedures, and
.....'."r't~r',;;>s nlh~r,l, ~,1".-l11 <;:'1l-Ff11{~;"""tl" 'lnt1 Y\'-n.....e'.l\1 fop.f1r.>,--.t ,,11 "e~IPnllP<.:' -::tnrl
l-'~""""'C~""'''''' ............ .,"''''''' ,,,..,, """"H") .......... l:-'~'-Jl-' ".J ,...,1.>,..........c ...... , ......"......,~ ....uu-
Non-Profit
200S-IIOME
Page 10 of26
":-:_;a Itern f ~o '6D3
,b,~J;'ii 28, 2009
PEJ:~~e 46 ~If C5
expenditures of funds provided directly or indirectly by the County pursuant to
the terms of this Agreement.
6. The DEVELOPER/SPONSOR shall include in all HHS approved
subcontracts used to engage subcontractors to calTY out any eligible substantive
programmatic services, as such services are described in this contract and defined
by HHS, each of the record-keeping and audit requirements detailed in this
contract. HHS shall, in its sole discretion, detennine when services are eligible
substantive programmatic services and subject to the audit and record-keeping
requirements described above.
H. PROGRAM-GENERATED INCOME
All income earned by the DEVELOPER/SPONSOR from activities financed in whole or in part
by funds provided hereunder must be reported to HHS. Such income would include, but not be
limited to, income from service fecs, sale of commodities, and rental or usage fees. The
DEVELOPER/SPONSOR shall repoli its plan to utilize such income to HHS, and said plan shall
require the prior written approval of the HHS Depaliment or designee. Accounting and
disbursement of such income shall comply with OMS Circular A-IIO (Uniform Administrative
Requirement for Federal Grants) and other applicable regulations incorporated herein by
refcrence.
Program Income, as defined by 24 CFR 92.503 for HOME flll1ds, may be retained by the
Agency. PrOf,'Tam Income shall he utilized to undertake activities specified in "Exhibit A" of this
Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program
Income received by the DEVELOPER/SPONSOR or its sub-contractors shall be returned to the
COUNTY unless the DEVELOPER/SPONSOR requests and is authorized to utilize
uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
DEVELOPER/SPONSOR'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, unspent cash advances, program income balances, and receivable
accounts to the COUNTY), and detennining the custodianship of records.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The DEVELOPER/SPONSOR a!o'rces that no person shall be excluded from the benefits of, or
be subjected to, discrimination under aoy 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 evidcnce of such discrimination, thc COUNTY shall have the right to
b;~nTl;nqtp thic A (J1"ppnlPnt
.....~~~~HH__..''-' ..u~"'. ~b'''''''''~~'''''~~'.
Non-Protit
200R-HOME
Page 11 of26
item ~jo, 'I(-)D3
~pnl 2p 2J2~
,'--'3ge L; 70700
To the l,'featest 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 DEVELOPER/SPONSOR shall comply
with the Section 3 of the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED
BUSINESS ENTERPRISES
In the procuremcnt of supplies, equipment, construction, or serVIces, the
DEVELOPER/SPONSOR shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these sources
the maximum fcasible opportunity to compcte for contracts to be performed pursuant to this
Agreement. To the maximum cxtcnt feasible, these small business and minOlity/womcn- owned
business enterprises shall be located in or owncd by residents of the HOME areas designated by
Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (5 I %) of the beneficiaries of a project funded through this Agreement
must be very low, low- 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 beneficimics
directly assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Prol,'fam. The projcct
funded under this Agreement shall assist beneficiaries as defined above for the time period
designatcd in Exhibit A of this Agreemcnt. The DEVELOPER/SPONSOR shall provide written
verification of compliance to HHS upon HHS' request.
D. CONFLICT OF INTEREST
The DEVELOPER/SPONSOR covenants that no person who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target arcas or any parcels therein, which would conflict in any mamler or degree
with the performance of this Agreement and that no pcrson having any conflict of interest shall
be employed by or subcontracted by the DEVELOPER/SPONSOR. Any possible conflict of
interest on the part of the DEVELOPER/SPONSOR or its employees shall be disclosed in
writing to HHS. (See 24 CFR 92.356).
E. PUBLIC ENTITY CRIMES
As provided in Section 287.133, Fla. Stat., by entering into this Agreement or perfo1111ing any
work in furtherance hereof; the DEVELOPER/SPONSOR eeliifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list ll1uintained by the State of Florida Dcpu1il11cnt of iv1anagcment Services
QTltl,,;n +1"<3 1.";' 'Y\r\r'lt'hS 1."\,,,cvli<:otpl,, o...,->.r"..,linn thA r1~,tA he renF Thlc nnti,.p 1~' """QUi1'P,-1 h-\r c:.pf,ti"'n
n.u.... ul..... ./v ~~H__'~HU uu uv,-,-u.nv'J t .vv....''-'-H~6 ..,..... U<.1-.'..... 1 V"-. "- "-,,~ ~H_'..''-'..... .~~..... "-,v.... '--'J '-''''vHV~
NOll-Profit
200S-HOME
Pagc 12 of26
Its::1 ~'h, ~ 6:,\3
Api.ii 23, 2009
~ ,=ns J3 of '36
287.133(3)(a), Fla. Stat.
F. DRUG-FREE WORKPLACE REOUlREMENTS
The DEVELOPER/SPONSOR must certify that it will provide drug-fi'ee workplaces 111
accordance with the Drug-Free Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
I. 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 employce
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 a!,'reement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, SJ'rant, loan, or cooperative agreement.
2. If any funds othcr than Fcdcral appropriated funds havc bccn paid or will be paid
to any person for influencing or attcmpting to influence an officer or employee of
any agcncy, a Mcmber of Congress, an officer or employee of Con!,'ress, or an
employee of a Membcr of Conb'rcss in conncction with this Federal contract,
grant, loan. or cooperative agreement. the undersigned shall complete and submit
Standard Fonn-LLL, "Disclosurc FonTI to RCpOli Lobbying", in accordance with
its instructions.
3. The undersigned shall requirc that thc language of this certification be includcd in
the award documents for all sub-awards at all tiers (including subcontracts,
sub grants, contracts undcr !,'rants, loans, and coopcrativc ab'rccmcnts) and that all
DEVELOPER/SPONSOR'S shall certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the DEVELOPER/SPONSOR for the purposc of can'ying 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 part 24,
shall be subject to the provisions of the CDBG/HOME Regulations including, but not limitcd to,
thc provisions on use and disposition of property. Any real property within the
DEVELOPER/SPONSOR's control, which is acquired or improved in whole or pmi with
CDBG/HOME funds in excess of $25,000, must adhere to the CDBG/HOME Regulations at 24
CFR 570.505.
Non-Profit
200S-HOME
Page 13 of26
Itsm 1<0 i '3D3
,L,onl 28, 2009
?i>ge .:19 'Of 66
IX. ENVIRONMENTAL CONDITIONS
The DEVELOPER/SPONSOR ai,'fces to comply with the following requirements:
A. AIR AND WATER
1. Clean Air Act, 4] USC 7401, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et scq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002), the DEVELOPER/SPONSOR shall assure that tor 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 fi'om FEMA, which would satisfy this requirement and/or reduce thc
cost of said flood insurance.
C. LEAD-BASED PAINT
The DEVELOPER/SPONSOR 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 in 24 CFR 92.355.
D. HISTORIC PRESERVATION
The DEVELOPER/SPONSOR agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (I6 USC
470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation
Procedures for Protection of Historical Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZA nONS
HOME funds may not be used for religious activities or provided to primarily religious
organizations. 24 CFR 92.257 specities the limitations on HOME funds for faith based
activities.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the DEVELOPER/SPONSOR shall transfer to the COUNTY
any HO!\1E fl.luds on hand at the time of expiration and any accounts receivable attributable to
the use of HOME funds. 24 CFR 92.504(2)(vii).
REAL PROPERTY???
NCJ!1-Profit
l008-HOME
Page 14 of26
item t~o, i GD3
~ "1 -}Q ')r"~F'-'
~,p, I .:.-~c:.' ~~)': ~
r'3]2 ~u ~)T ,11)
XII. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid. the rcmainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to thc tcrms and requirements
of applicable law.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twcnty-seven (27) enumerated pages, which include the exhibits
refcrcnced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be
an Oliginal, and such counterparts will constitute one and the samc instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior af,'reements, if any, bctwecn the parties hereto
and constitutes the entire understanding, The parties hereby acknowledge that there have been
and are no representations, warranties, covenants, or undertakings other than those expressly set
forth herein,
Non-Profit
200R-ll0~'IE
Page 15 of26
,Agenda Item r,~o. 16D3
;"plil 2_8 20~~
rag'8 ::11 of DO
IN WITNESS WHEREOF, the DEVELOPER/SPONSOR and the County, have each,
respectively, by an auth01ized person or agent, hereunder set their hands and seals on this
day of , 20
ATTEST:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Chainnan
Dated:
(SEAL)
NAME OF SUBRECIPIEN'{j
-
First Witness
By:__
DEVELOPER/SPONSOR Signature
Type/plint witness name
Second Witness NAME: ANTjTITLE OFSUBRECIPIENT
Type/plint witness name
Approved as to fonn and
legal sufficiency:
Assistant County Attorncy Signature
Type/Print Name
Non-Profit
2008-HOME
Page 16 of26
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28, 20:19
52 of uS
AGREEMENT BETWEEN COLLIER COUNTY
AND
SJl!lmJei~IJJ;:NJ;iiNN\:1'E
Catalog of Federal Domestic Assistance # 14,231
HUD Grant # S-07-UC-12-0024
THIS AGREEMENT, is entered into this day of 20_, by and
b~tw~en.collier. C?~llt)', a political subdivision of the State of Florida, ("COUNTY") and the
"SlTBItECIPIENTiNAMB." a private not-for-profit corporation existing under the laws of the
-'--, , ....,".."..,':":....,":",;--:,,:':'......,;--....",';;":',""'"""1
State of Florida, having its pdncipal office at S1JBIl.ECmIE;N'J;iAJ:)f)RE;~S, and its Federal Tax
"'::" '''~'''~,,'''-''':>'''''''' ..,"-,.."..,v.-"..,..,.."..:"',:'.... ......':";..'.......-.-,,:,.-,',..,..,....:,,':"-.-,; "';':::<;-;'..,"if"..
Identification number ~tJBE]3qPIENrTAX1'{(JMBE~, ("SUBRECIPIENT"),
WHEREAS, Collier County has entered into an agreement with the United States Depmiment of
Housing and Urban Development CHUD") for a grant for the execution and implementation of a
Emergency Shelter Grant ("ESG") Program in certain areas of Collier County, pursuant the
Stewart B. McKinney Homeless Assistance Act (24 CFR 576); and
WHEREAS, pursuant to the aforesaid ab'Teement, COUNTY is undeliaking certain activitics to
pdmarily benefit homeless individuals in SlT]3RECIPIENT'SERVlt;EAR;EAj with the use of
ESG funds; to improve the quality of life in Collicr County by providing assistance for
emergency-transitional shelter clients at-risk of becoming homeless as described in the
Consolidated Plan submission: and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier
County Consolidated Plan One-Ycar Action Plan for Federal Fiscal Year 2007-2008 for the ESG
Pr06'Tam by Resolution No. _m_, on April 24, 2007: and
WHEREAS, HUD approved the County's Consolidated Plan One-Year Action Plan for Federal
Fiscal Year 2007-2008 for the ESG Program and the use of the ESG funds for the activities
identified in the Plan; and
WHEREAS, COUNTY and the SUBRECIPIENT desire to provide the activities specified in
Part II of this Agrecment, in accord with the approved Annual Consolidated Plan; and
WHEREAS, COUNTY desires to engage "SUBRECIPIENT" to implement such undertakings
of the ESG Program as valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
it is agreed by the Parties as follows:
T
T.
DEFINITIONS
(A) "COUNTY" is Collier County, and where applicable, it's authorized
representati ve(s).
(B) "ESG'~ is the EHlergene)' Shelter Grant Progran1 as defined ill 24 eFR 576.
(C) '"HHS" is the Department of Housing and Hunlan Scn.iccs of Collier County.
2007 ESG
IMMOKALEE FRIENDSHIP HOUSE
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(D) "SUBRECIPIENT" is "NAMEOF,StJBRECil>fE'iN'11."
(E) "HHS's Approval" is the written approval of the Department of Housing and
Human Services or designee.
(F) "HUD" is the U.S. Department of Housing and Urban Development or a person
authorized to act on its behalf.
(0) "Homeless" is the tenn as defined in 42 USC 11302.
(H) "Emergency Shelter" means any facility, the primary purpose of which is to
provide temporary or transitional shelter for the homeless in general or for
specific populations of the homeless. (24 CFR 576.3)
(I) "Project" is the work to be perfonned as set forth in Exhibit "A".
(J) "Essential services" includes services concerned with employment, health, drug
abuse and education. (24 CFR 576.3)
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perfonn
the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each
request for reimbursement using Exhibit "B" along with the submission of monthly progress
reports, Exhibit "C," all of which are attached hereto and made a part hereof.
III. TIME OF PERFORMANCE
The effective date of the Agreemcnt between HUD and Collier County shall be Month, Date,
Year . The services of the SUBRECIPIENT shall be undertaken and completed in light of
the purposes of this Agreement. In any event, all services required hereunder shall be completed
by the SUB RECIPIENT prior to Enter Date from Seope . Any funds not obligated by the
expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Pmi
IX (H), and Part VIII (H) below.
IV. CONSID.ERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by HHS, in an amount not to exceed Insert Dollar Value and 00/100 dollars
(U.S. $) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employecs,
or shall be put out to competitivc bidding undcr a procedure acceptable to the COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the
lowest responsive and qualitied bidder. Contract administration shall be handled by the
SUBRECIPIENT and monitored by HHS, which shall have access to all records and documents
related to the project.
The County shall reimburse the SUBRECIPIENT for the perfOlmance of this Agreement upon
completion or pariial completion of the work tasks as accepted and approved by HHS pursuant to
the submittal of monthly prOb'Tess reports. Payments shall be made to the SUB RECIPIENT
when requested as work progresses but not illore frequently than once per Inonth. Payinent will
2007 ESG
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It81'11 r'Jo 16D3
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be made upon receipt of a proper invoice and in compliance with !i 218.70, Fla. Stat., otherwise
known as the "Loeal GovelTIment Prompt Payment Aet." No payment will be made until
approved by HHS.
V. NOTICES
All notiecs required to be given under this Agreement shall be sufficicnt whcn dclivered to HHS
at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104,
and to the SUBREClPIENT when delivered to its office at the addrcss listed on page one (1) of
this Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENT A TION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the proccdures outlincd in HHS' Policies
and Procedures memoranda.
Should a project receive additional funding after the commcnccmcnt of this Agrcement, the
SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notitication
from the funding source and submit a cost allocation plan for approval by HHS or its designee
within fOliy-tive (45) days of said official notification.
B, DEBARMENT
The SUBRECIPIENT certities that ncithcr it, nor its principals, is presently debarred, suspended,
proposed for dcbannent, dcclared ineligible, or voluntanly cxcluded from patiicipation in this
transaction by any Federal Dcpartment or agency; and, that the SUBRECIPIENT shall not
knowingly entcr into any lower tier contract, or other covered transaction, wjth a person who is
similarly debarred or suspcnded from participating in this covered transaction.
C. LOCAL AND FEDERAL RULES, REGULA TJONS AND LAWS
The SUB RECIPIENT agrees to comply with any applicablc laws, ordinances, regulations and
orders of the State, local and Fcderal govemmcnts, including, but not limited to:
I. 24 CFR Part 576, as amcndcd - The regulations goveming the expenditure of
Emcrgency Sheltcr Grant funds.
2. 24 eFR 58 - The n:gulatioTl~ prescribing the EnviromTIcntal Review proceuure.
3. Title VI of the 1984 Civil Rights Act, 42 USC ~ 2000d, et. seq.
4, 24 CFR 107 - The regulations issued pursuant to Executive Order Ii 063 which
prohibits discrimination and prornotes cyual opportunity in housillg.
2007 Ese)
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Item No. 16D3
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Pa~E! S5 cA 66
5. Executive Order 11246 ("Equal Employment Opportunity"), as amended by
Executive Orders 11375 and 12086 - which cstablishes hidng goals for minorities
and womcn on projects assisted with fedcral funds.
6. Title VII of the 1968 Civil Rights Act as an1cnded by the Equal Employment
OpPOliunity Act of 1972, 42 USC ~ 2000e, ct. seq.
7. 24 CFR 135 - Regulations outlining requircmcnts of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
8. Age Discdmination Act of 1975.
9. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
10. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5).
II. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amcndcd.
12. 29 CFR Parts 3 and 5 - Regulations which presclibe the payment of prevailing
wages and the use of apprentices and trainccs on fcderally assisted projccts as
mandated by the Davis-Bacon Act. HUD Fonn 4010 must be included in all
construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR
l35.11(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped
in federally assisted projects.
14. Executive Order 11625 and U.S. Departmcnt of Housing and Urban Development
Circular Letter 79-45 - which prescribcs goal percentages for patiicipation of
minodtybusinesses in Community Development Block Grant Contracts.
15. Public Law 100-430 - thc Fair Housing Amendments Act of 1988.
16. 24 CFR 130 - discrimination ----
17. Public Law 100-430, thc Fair Housing Amendments of 1988.
18.0MB Circular A-] 33 - concclTIing annual audits.
19.0MB Circular A-122 - which identifies cost principles.
20. 24 CFR 84 - Unifonn Administrative Rcquirements for Grants and Agreements
with Institutions of Highcr Education, Hospitals and Other Non-Profit
(\..r~".....;.....,,+~r...."
'--"!oal1J.L-alJVll~.
20Cl7 ESG
IMMOKALFE FRIENDSHIP HOUSE
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::~!n t'Jo /1603
^. r'.",' "'0 ')(J09
:::,tJ1 ! ~_v...: L~ :....~
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21. 24 CFR 85- Unifonn Administrative Requiremcnts for Grants and Agreements to
State and Local Governments.
22. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq.
and re[,'lllations relating thereto. Failure by the SUBRECIPIENT to comply with
thc laws referenced hercin shall constitutc a brcach of this agreement, and the
County shall have the discretion to unilaterally terminate this a[,'Tcement
immcdiately.
23. Chaptcr 112, Florida Statutes.
24. Prohibition Of Gifts To County Employecs - 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 Chaptcr 112, Pati III,
Florida Statutes, Collicr County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311.
25. Order of Precedence - In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Agrcement shall take precedence
over the tezms of all othcr Contract Documents, cxccpt the tenns of any
Supplemental Conditions shall take preccdence over the Ab'Teemcnt. To the extent
any conflict in the terms of thc Contract Documents cannot be resolved by
application of the Supplemental Conditions, if any, or the Agreemcnt, thc conflict
shall bc rcsolvcd by imposing the more strict or costly obligation under the
Contract Documcnts upon thc Contractor at Owncr's discrction.
26. Venue - Any suit or action brought by either party to this Agreement against the
other pat1y relating to or arising out of this Agrcemcnt must be brought in thc
appropriate fcdcral or state courts in Collicr County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
27. Dispute Resolution - Prior to the initiation of any action or proceeding pennitted
by this Agreement to resolve disputcs hctwccn thc patiics, the patiies shall make a
good faith etTOIi to resolve any such disputes by negotiation. The negotiation
shall be attcndcd by reprcscntatives of SUBREClP1ENT with full dccision-
making authority and by COliNTY'S staff pcrson who would make the
presentation of any settlement reached during negotiations to COUNTY for
approval. Failing resolution, and prior to thc commencement of dcpositions in
any litigation bctween the parties arising out of this Agrcement, the parties shall
attclnpt to resolve the dispute through l'v1ediation before an agrccdMupon Circuit
Court Mcdiator ccrtiticd by the State of Florida. The mediation shall be attended
by representatives of SUBRECIPIENT with full dccision-making authority and
by COUNTY'S staff person who would make thc presentation of any settlement
reached at mediation to COUNTY'S board for approval. Should either party fail
20fl7 ESG
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A;]cmda Item r'Jo. 16D3
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to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under !i 44.102, Fla. Stat.
D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this
Agreement and applicable County, State, and Federal guidelines and regulations. Prior to
execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically
include a dctermination of compliance with the terms of the attached Scope of Scrvices set forth
in Exhibit "A."
This review also includcs cnsuring that all consultant contracts and fee schedules meet the
minimum stm1dards as established by the Collier County Purchasing Department, FIOlida
Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost.
None of the work or serviccs covcrcd by this Agreement, including but not limited to consultant
work or services, shall be subcontracted by thc SUB RECIPIENT or reimbursed by the COUNTY
without prior writtcn approval of the HHS or its desib'11ee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by writtcn agreemcnt
cxccuted by the governing boards of both pm1ies, except that County rcprcsentative(s) may
approve adjustments between line item amounts, scopc c1aritications, or an extension of time and
schedule that do not changc thc project, or exceed the amount funded by thc County, as stated
herein. Any modifications to this contract shall bc in compliance with the County Purchasing
Policy and Administrative Procedures in effect at the time such modifications are authorized.
F. INDEMNIFICATION
To thc maximum extent pennittcd by Florida law, the SUBRECIPIENT shall indemnify and hold
hannless Collier County, its officers and employces from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attolTIeys' fees and paralegals' fees, to the
extent caused by the negligencc, recklessncss, or intcntionally wrongful conduct of the
SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the perfonnancc of
this Agreemcnt. This indcmnification obligation shall not be construed to negate, abridge or
rcduce any other rights or remedies which otherwise may bc available to an indemnificd party or
person dcscribcd in this parab'Taph. This section does not pertain to any incident arising from the
sole negligence of Collier County. Thc forcgoing indemnification shall not constitute a waivcr
of sovereign iinnlunity beyond the linlits set forth in Section 768.28, Florida Statutes.
G. GRANTEE RECOGNITION
All facilities purchascd OJ' constructed pursuant to this Agrcement shall be clcarly identified as to
funding source. The SUDRECIPIENT will include a reference to the financial support herein
2007 ESG
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provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make a
good faith effort to recognize HHS' suppOli for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary constmction sign
for projects funded by HHS. This desib'11 concept is intended to disscminate key infOlmation
regarding the dcvclopment team as well as Equal Housing Opp0l1unity to the general public.
The construction sign shall comply with applicable County codes.
H. TERMINATION
In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all
finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs,
reports prepared, and capital cquipmcnt secured by the SUB RECIPIENT with funds under this
Agreement shall be returned to HHS or the COUNTY. In the event of te1TI1ination, the
SUBRECIPIENT shall not bc relieved of liability to the COUNTY for damages sustained by the
COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY
may withhold any payment to the SUBREClPIENT for set-off purposes until such time as thc
exact amount of damages duc to thc COUNTY from thc SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause cithcr par1y shall fail to fulfill in timely and proper manner its
obligations under this Agreemcnt, or if cithcr party shall violate any of the covenants,
agreements, or stipulations of this Agreement, either party shall thcrcupon have the right to
tel111inate this Agrccmcnt in wholc or pari by giving written notice of such termination to the
other pm1y and specifying therein the etTectivc date oftennination, (See 24 CFR 85.43.)
2. IERMINA TION FOR CONVENIENCE
At any time during the term of this Agrecment, cithcr party may, at its option and for any
reason, terminate this Ab'Teement upon tcn (10) working days written notice to the othcr party.
Upon tennination, thc COUNTY shall pay the SUBRECIP[EI\'T for services rendered pursuant
to this Ab'reement through and including the date oftern1ination. (See 24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
In the cvent the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspcndcd or tcrminated, this Ab'Iecment shall be
suspended or terminated effective on the datc that HUD spccities.
I. INSURANCE
SUBRECIPIENT shall obtain and cany, at all times during its pcrformance under the Contract
Documents. insurance of thc types and in thc amounts described herein and fUlihcr set forth in
Exhibit "D" to this Agreement.
J. SUBRECrPIENT LIABILITY OBLIGATION
201l? [SG
IMIvIOKAI EE FRIEI'DSI liP HOI!SL
Page 7 of 24
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Compliancc with the insurance requirements in Exhibit D shall not relievc thc SUBREClPIENT
of its liability and obligation under this subsection or under any subsection of this contract. The
contract is contingent upon rcceipt of the insurance documents within fifteen (15) calendar days
after the Board of County Commissioners' approval. If the Insurance celiificate is received
within the specificd period, but not in the manner prescribed in thcse requirements, the
SUBRECIPIENT shall be verbally notified of the deficicncy and shall have an additional five (5)
calendar days to submit a con'ccted Certificate to thc County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prcscribcd in these rcquircments within twenty (20) calendar days aftcr the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the tern1S and conditions of
the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBREClPlENT agrees that, in all matters relating to this Agreement, it will be acting as an
independent agent and that its cmployees are not Collicr County employees and arc not subject
to the County provisions of the law applicable to COW1ty employees relative to employment,
hoW's of work, rates of compensation, leave, unemploymcnt compensation and cmployee
benefits.
VII.
ADMINISTRA TIVE REOUlREMENTS
A.
FINANCIAL MANAGEMENT
Thc SUBRECIPIENT ab'Tecs to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Highcr Education, Hospitals and other
Non-Profit Organizations) and a[,'Tees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain neccssary source documentation for all costs
incurred.
B. DOCUMENTATION AND RECORDKEEPING
I. Thc SUBRECIPIENT shall maintain all rccords as requircd by ESG.
2. All reports, plans, surveys, infonnation, documents, maps, and other data
procedures developed, prcpared, assemblcd, or completed by the SUBRECIPIENT for the
purpose of this A[,'Teement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work contemplated
under this Ab'fcement copics of all documents and rccords relating to this Agreement shall be
surrendered to J UlS if requested. In any evcnt, the SUBRECIPIENT shall keep all uocuInellls
and records tor four (4) years after expiration of this Agreement.
3. The SUBRECIPIENT shall submit rcports as required to assist the COUNTY in
the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
BUD Section 3 reports.
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4. The SUBRECIPIENT shall submit dctailed monthly progress reports to HHS
outlining the status of specific activities under the project. Each report must account for the total
activity for which the SUBRECIPIENT is paid with ESG funds, in pati or in whole, and which is
required in fultillment of their obligations regarding the Project. The progress reports shall be
submitted on the form Exhibit "G," Schedule "G-2."
5. The SUBREClPlENT shall maintain rccords showing compliance with the Davis-
Bacon Law, including files containing contractor payrolls, employee intcrviews, Davis-Bacon
wage rates, and administrative cross-referencing. S UBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly,
thc SUBRECIPIENT shall lllaintain records showing compliance with fedcral purchasing
requirements and with other federal rcquirements for b'Tant implementation.
6. If indirect costs arc charged, the SUBRECIPIENT will develop an indirect cost
allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs
and shall submit such plan to the COUNTY tor approval, in a fonn specified by the COUNTY.
7. Failure to adcquately maintain any fonncr ESG funded project may rcsult in the
delay of processing rcimbursement rcquests for ongoing activities or in the forfeiture of future
ESG funds.
8. The SUBRECIPIENT will bc rcsponsible for thc creation and maintenance of
income eligible tiles on clients scrvccl and documcntation that all households are eligiblc undcr
HUD Income Guidelincs. The SUBRECIPIENT must ensure contidentiality of records
peliaining to provision of family violence prevention or treatment scrviccs as set forth in 42 USC
I 1375(c)(5).
9. The SUBRECIPIENT further ab'Tees that HHS shall be thc final arbiter on the
SUBREClPIENT's compliance with thc abovc.
C. REPORTS, AUDITS. AND EVALUATIONS
Rcimburscment will be contingent on the timely rcceipt of completc and accurate rcports
required by this Agrcement, and on thc rcsolution of monitoring or audit tindings identiticd
pursuant to this Ab'Teement.
D. ADDITiONAL HOUSING & HUMAN SERVICES, COUNTY. AND HUD
RWUjREMENTS
The SUBRECIPIENT agrees to utiliL.t: funds available under this Agreelnent to
supplement rather than supplant funds othcrwisc available tor specified activitics.
E. PRIOR WRITTEN APPROV AjoS
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(I) All subcontracts and agreements proposed to be entered into by the
SUB RECIPIENT pursuant to this Agreement;
(2) All capital equipment expenditures of $1 ,000 or morc;
(3) All change orders; and
(4) All rcqucsts to utilize uncommitted funds after the expiration of this ai,'Teement
for programs described in Exhibit A, and
(5) All rates of pay and pay increases paid out of ESG funds, whether for merit or
cost of living.
F. PURCHASING
All purchasing for scrvices and goods, including capital equipment, shall be made by purchase
order or by a written contract and in COnfOlTIlity with the procedures prescribed by the Fedcral
Management Circulars A-lIO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are
incOlvorated herein by reference.
G. AUDITS AND INSPECTIONS
I. Non-profit organizations that expend $500,000 or more annually in federal
awards shall have a single or program-spccific audit conducted for that year in accordance with
OMS A-133. Non-profit organizations cxpcnding federal awards of S500,000 or more under
only one federal proi,'ram may elect to have a program-specific audit performed in accordance
with OMS A-133.
2. Non-profit organizations that expend less than $500,000 annually in federal
awards shall be cxempt from an audit conducted in accordance with OMB A-133, although their
records must be available for review (e.g., inspections, cvaluations). These agencies are rcquired
by HHS to submit "Reduccd Scope" audits (e.g" financial audit, perfolTIlancc audits). They may
choose, instead of a Rcduced Scope Audit, to have a program audit conducted for each fcderal
award in accordance with tederal laws and regulations governing the program in which they
pmiicipate.
3. When the requirements of OMB A-133 apply, or when the SUBRECIPIENT
clccts to comply with OMB A-133, an audit shall be conductcd for each fiscal year for which
federal awards attributable to this contract have been received by the SUBRECIPlENT. A copy
of thc audit report must be rcccived by HHS no later than six months following the end of thc
SUBRECIPlENT's fiscal year.
4. If an audit is requircd by Section G of this contract, but thc requircments of OMB
A-133 do not apply or are not elected, thc SUBRECIPIENT may choose to have an audit
perfonned either on the basis of the SUBRECIP lENT's fiscal year or on the basis of the period
during which HHS-federal assistance has bcen rcceived. In either case, each audit shall cover a
time pcriod of not more than twelve months and an audit shall be submitted covering each
assisted period until all the assistance received ii'om this contract has bcen repotied. Each audit
shall adhere to all other ~udit standards of Or\1B A-133, us these may be lin1ited to cover only
2007 ESG
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those services undeliaken pursuant to the tcrms of this contract. A copy of the audit report must
be received by HHS no later than six months following each audit period.
5. The SUBRECIPIENT shall maintain all contract records in accordance with
generally acccpted accounting principles, procedurcs, and practices which shall sufficicntly and
properly reflect all revenues and expenditures of funds provided directly or indirectly by the
County pursuant to the tcnns of this Agreement.
6. The SUBRECIPIENT shall include in all HHS approvcd subcontracts each of the
record-keeping and audit requircments detailed in this contract.
H. PROGRAM-GENERA TED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds
provided hereunder must be reportcd to HHS. Such income would incIude, but not be limitcd to,
income from service fecs, sale of commodities, and rcntal or usage fees. The SUB RECIPIENT
shall report its plan to utilize such income to HHS, and said plan shall require the prior written
approval of the HHS Department or dcsignce. Accounting and disbursement of such income
shall comply with OMB Circular A-I 10 (Unifonn Administrative Requirement tor Federal
Grants) and other applicable reb'llIarions incorporated herein by reference.
****Prob'ram Income, as defincd by 24 CFR 570.500(a) for ESG funds may be retained by the
Agency. Program Income shall be utilizcd to undcrtakc activities spccified in "Exhibit A" of this
Agrecment, and all provisions of this Agreement shall apply to stated activities. Any Program
Income on hand at or received by thc SURRECIPTENT or its sub-contractors aftcr the expiration
of this Agreemcnt shall be rctumed to the County no later than thiliy (30) days after such
expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds.
H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT obligation to the COUNTY shall not cnd until all closeout requirements are
completed. Activities during this cIoscout pcriod shall include, but not limited to; making final
payments, disposing of program assets (including the rcturn of all unused matcrials, cquipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY),
and determining the custodianship of records.
VIII.
OTHER PROGRAM REQUIREMENTS
A.
OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT Uh,'Tees that no person shall on the ground of race, color, disability,
national origin, rcIigion, age, familial status, or scx bc cxcIuded from the benefits of, or bc
subjected to, discrimination under any activity carried out by the perfonnance of this Agrecmcnt.
Upon reccipt of cvidence of such discrimination, the County shall havc the right to tcrminatc this
..\greement.
2007 FSG
IMMOKALEE FRIENDSHIP HoesE
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Item l\lo, 16D3
April 28, 2009
Page 53 of 66
To the greatest extent feasible, lower-income residents of the project areas shall be given
oppOliunities for training and employment; and to the greatcst fcasible 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 the
Section 3 Clause ofthc Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED
BUSINESS ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agrecment, the SUBRECIPIENT shall make a positive effoti to utilize small business and
minority/women-owned business entcrprises of supplies and services, and provide these sources
the maximum feasible oppotiunity to compete for contracts to be pcrfotmed pursuant to this
Agreemcnt. To the maximum extent feasible these small busincss and minority/women- owncd
business enterprises shall be located in or owned by residents of thc ESG areas design at cd by
Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
D. i=ONFLICT OF INTEREST
The SUBRECIPlENT covenants that no person who prescntly exercises any functions or
responsibilities in conncction with the Project, has any personal tinancial intcrest, direct or
indirect, in the target areas or any parcds thercin, which would conflict in any manner or dcgree
with the perfonnance of this Agreement and that no person having any conflict of interest shall
be cmploycd by or subcontractcd by the SUBRECIPIENT. Any possible conflict of intercst on
the pmi of thc SUBRECIPlENT or its employees shall bc disclosed in writing to HHS provided,
however, that this paragraph shall be interpreted in such a manner so as not to unreasonably
impede thc statutory requirement that maximum oppotiunity be provided for employment of and
participation oflow and moderate-income residents of the project target arca.
E. PUBLIC ENTITY CRIMES
As provided in S 287.133, Fla. Stat., by cntering into this Agreemcnt or performing any work in
furthcrance hereof, the SUBREClPIENT certities that it, its affiliates, supplicrs, subcontractors
and consultants who will perform hcrcunder, have not been placed on the convicted vendor list
maintained by the State of Florida Depmiment of Managcmcnt Services within the 36 months
immediately preceding the date hereof. This notice is required by S 287.133(3)(a), Fla. Stat.
F. DRUG-FREE \VORKPLACE REOUIREI'viENTS
The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-
free workplaces in accordance with the Drug-Frce Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LOBB'{iNG
2007 ESG
IMMOKALEE FRIENDSHIP HOUSE
Page 12 of24
_-'0 ::'31'1'1 iJo. ~ GD
~,C-' il 2JJ
54 .:!f C,
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any pcrson for influencing or attempting to influencc an officer or employee
of any agcncy, a Member of Congress, an officer or employce of Congress, or an employee of a
Member of Conb'Tess in connection with the awarding of any Fcderal contract, the making of any
Federal grant, thc making of any Federal loan, the entcring into of any cooperative ah'Teement,
and the extension, continuation, rcnewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
2. 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 officcr or cmployee of any agency, a
Member of Congress, an officer or cmployee of Congress, or an employee of a Membcr of
Congress in connection with this Federal contract, grant, loan, or coopcrative agreement, the
undersigned shall complete and submit Standard Fonn-LLL, "Disclosure Form to Rcport
Lobbying", in accordance with its instructions,
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subb'fants, and
contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall
certify and disclosc accordingly.
H. REAL PROPERTY
Any rcal property acquired by the SUBREClPIENT for the purpose of canying on the projects
stated herein, and approvcd by the COUNTY in accordancc 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 the ESG Regulations including, but not limited to, the provisions on
use and disposition ofpropcrty. Any rcal property within the SUBRECIPIENT control, which is
acquired or improved in whole or part with ESG funds in excess of $25,000, must adhere to thc
ESG Regulations at 24 CFR 570.505,
IX. ENVIRONMENT AL CONDITIONS
The SUBRECIPlENT agrecs to comply with the following requirements:
A. AIR AND WATER
I.
2.
Clean Air Act, 41 use 7401, ct scq.
Federal \Vater Pollution Control Actl 33 use 1251, et scq., as 3JllCnded.
B. FLOOD DlSAS1 lOR PROTECTION
In accor~:ancc ',yith the rcquiremcnt~, of the Flood Di~~'-lster Protection Act of 1973 (42
use 40(2), the SUBRECIPTENT shall assure that for activities located in an area identified by
2007 ESG
IMMOKALFE FRIENDSHIP HOUSL
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P,g~i.ida Item t\Jo. 16D3
,Ll.ptii 28, 2009
Pags 65 of 65
FEMA as having special flood hazards, flood insurance under thc National Flood Insurance
Prob'Tam is obtained and maintained. If appropriate, a letter of map mncndment (LOMA) may be
obtained from FEMA, which would satisfy this rcquirement and/or reduce the cost of said flood
111surance.
C. LEAD-BASED PAINT
The Subrecipient agrccs that any construction or rehabilitation of residcntial structures with
assistance provided under this contract shall be subjcct to HUD Lead-Based Paint Poisoning
Prevention Act found in 24 CFR 576.57(c).
D. HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Prcservation 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, Pmi 800, Advisory Council on Historic Prescrvation Procedures for Protection
of Historical Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ESG funds may not be used for religious activities or provided to primarily religious
organizations. 24 CFR 576.23 specifies the limitations on ESG funds for faith based activities,
and is hercin incOlvorated by refcrence.
XI. REVERSION OF ASSETS
Upon cxpiration of the Agrccmcnt, the S UBRECIPIENT shall transfer to the COUNTY any ESG
funds on hand at the time of expiration, any accounts receivable attributable to the use of ESG
funds, and any non-cxpcndablc pcrsonal property that was purchased with ESG funds. Any rcal
property undcr SUBRECIPIENT control that was acquired or improved in whole or in part with
ESG funds in cxcess of Twenty-five Thousand Dollars ($25,000) will be covered by the
rcgulations 24 CFR Part 570.503(B)(8).
XII. SEVERABILITY OF PROVISIONS
If any provision of this Agrecmcnt is held invalid, the remainder of this Agreement shall not be
atfected thcrcby if such rcmainder would then continuc to conform to the telms and requirements
of applicable law.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agrcement, consisting of twenty-five (25) enumerated pagcs, which include the exhibits
referenced hcrcin, shall be executed in two (2) countelvalis, cach of which shall be deemed to be
an original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
2007 ESG
IMMOKALEE FRIENDSHIP HOUSE
Pagc 14 of14
:tere, I,jo. ': GD3
April 2.3, 20Ci9
P 3;13 66 ,~)f :33
This Agreement and its provisions mcrge any prior agreements, if any, between the parties hereto
and constitutes the entire understanding. The partics hereby acknowledge that there have been
and are no reprcsentations, watTanties, covenants, or undertakings other than those expressly set
fOlih hercin.
WITNESS our Hands and Seals on this
day of
,20
NAME OF SUBRECIPIEN1i
BY:
( SEAL)
SUBRECIPIENT NAME AND TITLE
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Patricia Morgan, Deputy Clerk
BY
CHAIRMAN, COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
Approved as to fOlm and
lcgal sufficiency:
Name of Assistance County Attorney
Assistant County Attol11cy
2007 ESG
IMMOKALEE FRIENDSHIP HOI'SE
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