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Agenda 07/14/2020 Item #16D 7 (Subrecipient Agreement w/Collier Co. Housing Authority)16.D.7 07/14/2020 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a subrecipient agreement between Collier County and the Collier County Housing Authority and a Letter of Commitment providing for $500,000 of FY19-20 HOME Investment Partnership Funding for HVAC installation at Farmworker Village. OBJECTIVE: To provide rental housing for low- to moderate -income persons in Immokalee. CONSIDERATIONS: On June 28, 2016, the Board of County Commissioners (Board) approved the County's Five -Year Consolidated Plan for use of entitlement funds for the period of FY 2016-2021 (Agenda Item #16D23). Each year, the County completes an annual Action Plan that is meant to further the Consolidated Plan's goals and objectives, and lists community -based projects ranked through an application submittal process. Among other criteria, grant applications are evaluated specifically against the goals and objectives of the Consolidated Plan and the Annual Action Plan. The proposed project is in the FY 2019-2020 One Year Action Plan, approved by the Board on June 25, 2019 (Agenda Item #16D2). Approval and execution of the subrecipient agreement will allow the Community and Human Services Division (CHS) to administer, implement, and monitor the project. The project is to fund multi -family rental housing rehabilitation for low- to moderate -income persons. Collier County Housing Authority (CCHA) submitted an application to the Review and Ranking Committee on January 10, 2019. A conditional award letter was sent to CCHA on March 20, 2019, for $500,000 to complete HVAC engineering and installation. The project will fund the installation of at least forty-nine (49) HVAC units. Pursuant to HOME regulations no less than forty-five (45) units will be occupied by families at or below 60 percent (60%) of AMI. CCHA is required to provide a twenty-five percent (25%) match commitment based upon the amount of funds expended. All funds will be secured by a Land Use Restriction, requiring each unit to remain affordable for no less than 10 (ten) years pursuant to the established affordability period as outlined by HUD in 24 CFR 92.252. A letter of commitment is required prior to the commencement of this project. HUD requires the letter of commitment to be signed by the Board as a financial commitment of $500,000 to Collier County Housing Authority and acts as acceptance from the subrecipient. The Letter of Commitment that is back up to this item has not been sent and will be transmitted if this item is approved. FISCAL IMPACT: This action has no new Fiscal impact. The funding source for the award is the HOME grant and it is budgeted in Fund (705), projects 33480, 33535, and 33581. GROWTH MANAGEMENT IMPACT: This Item has no impact on the Housing Element of the Growth Management Plan of Collier County. LEGAL CONSIDERATIONS: This Item has been approved as to form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To approve and authorize the Chairman to sign a subrecipient agreement between Collier County and the Collier County Housing Authority and a Letter of Commitment providing for $500,000 of FY 19-20 HOME Investment Partnership Funding for HVAC installation at Farmworker Village. Packet Pg. 2103 16.D.7 07/14/2020 Prepared By: Carolyn Noble, Grants Coordinator, Community & Human Services Division ATTACHMENT(S) 1. HVAC CAO Stamped and Signed Letter of Commitment 5.21.20(PDF) 2. [linked] HVAC CAO Stamped agreement 5.21.20 (002)signed (PDF) Packet Pg. 2104 16.D.7 07/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7 Doe ID: 12672 Item Summary: Recommendation to approve and authorize the Chairman to sign a subrecipient agreement between Collier County and the Collier County Housing Authority and a Letter of Commitment providing for $500,000 of FY19-20 HOME Investment Partnership Funding for HVAC installation at Farmworker Village. Meeting Date: 07/14/2020 Prepared by: Title: — Community & Human Services Name: Carolyn Noble 06/18/2020 5:06 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 06/18/2020 5:06 PM Approved By: Review: Community & Human Services Tami Bailey Additional Reviewer Community & Human Services Leslie Davis Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Operations & Veteran Services Kimberley Grant Level 1 Reviewer Community & Human Services Maggie Lopez Additional Reviewer Public Services Department Todd Henry Level 1 Division Reviewer County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Grants Erica Robinson Level 2 Grants Review Public Services Department Steve Carnell Level 2 Division Administrator Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer Budget and Management Office Ed Finn Additional Reviewer County Manager's Office Leo E. Ochs Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 06/18/2020 5:34 PM Completed 06/19/2020 9:13 AM Completed 06/22/2020 10:05 AM Completed 06/22/2020 3:17 PM Completed 06/22/2020 6:16 PM Completed 06/23/2020 8:18 AM Completed 06/23/2020 12:47 PM Completed 06/24/2020 11:20 AM Completed 06/29/2020 10:19 AM Completed 06/29/2020 10:44 AM Completed 06/29/2020 11:13 AM Completed 06/29/2020 12:06 PM Completed 06/29/2020 3:33 PM Completed 07/07/2020 10:11 AM 07/14/2020 9:00 AM Packet Pg. 2105 16.D.7.a SPECIFIC HOME -ASSISTED PROJECT COMMITMENT DATE: May 18, 2020 PROJECT NAME: Rehabilitation — Farm Worker Village SUBRECIPIENT: Collier County Housing PROJECT ADDRESS: 1800 Farm Workers Authority Way, Immokalee, FL 34142 HOME COMMITMENT AMOUNT: v $500,000.00 a N ti tC N This Agreement shall serve as Collier County's (herein referred to as the "COUNTY") official o cli financial commitment to Collier County Housing Authority (herein referred to as the Cli "SUBRECIPIENT") for Rehabilitation — Farm Worker Village (HOME -assisted activity) at the address noted above. The COUNTY has determined the above -mentioned project has been reviewed and meets the HOME requirements for committing funds to a specific HOME Program project, in accordance with the definition of commitment at 24 CFR 92.2 and the subsidy layering and underwriting requirements at 24 CFR 92.250(b). The COUNTY proposes to provide approximately $500,000 dollars in HOME Program funds. The HOME Program funds committed to this project will be subject to a 10-year affordability period. The affordability restriction, in the form of a Deed Restriction and a Deed to Secure Debt and Security Agreement, will be placed on this property utilizing these funds. The percentage of HOME Program funds utilized versus the total project cost, this "pro-rata" number will be used to determine the total number of HOME -assisted units for this project. As such the total number of HOME -assisted units for this project will be at least 49, These units will be reserved for clients who meet the HUD HOME Program income limit requirement throughout the affordability period. The terms and conditions as listed in the Subrecipient Amendment shall remain in effect. This specific HOME -Assisted Project Commitment is intended to implement the Agreement, dated , 2020, as it may be amended or modified between the COUNTY and the SUBRECIPIENT. Should a conflict arise between the Specific HOME - Assisted Project Commitment and the Subrecipient Agreement, the executed Subrecipient Agreement will prevail. Collier County Housing Authority H M i 9-02 t 1 Packet Pg. 2106 16.D.7.a Please indicate your acceptance of this HOME -Assisted Project Commitment by executing this Commitment in the space provided below. The terms and conditions of this Commitment are hereby accepted under seal as of the Z Vk day of -M A.Y 2020_ IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: Crystal K. Kinzel, CLERK , CLERK Dated:-_���_ Zo (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Date: Collier County Housing Authority HM 19-02 2 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Burt L. Saunders, Chairman Date: COLLIER COUNTY MOUSING AUTHORITY Aj Oscar Hentschel, Executive Director �'D Packet Pg. 2107 JFAIN# M16-UC12-0217 M17-UC12-0217 M18-UC12-0217 1 1 Federal Award Date September 12, 2019 Federal Award Agency HUD CFDA Name Home Investment Partnership (HOME) CFDA/CSFA# 114.239 Total Amount of Federal Funds Awarded ,$500,000.00 SUBRECIPIENT NAME iCollier County Housing Authority DUNS# 1040977514 FEIN# I59-1490555 R&D No Indirect Cost Rate No Period of Performance ;6/23/2020-9/30/2021 Fiscal Year End ;9/30 Monitor End Date 1 !9/31 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY HVAC Installation Phase 10 THIS AGREEMENT is made and entered into this day of , 4026,, by and between Collier County, a political subdivision of the State of Florida, (COUNTY or Grantee) having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and Collier County Housing Authority (SUBRECIPIENT), a quasi -governmental agency existing under the laws of the State of Florida, having its principal office at 1800 Farm Worker Way, Immokalee, FL 34142 1. WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston -Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier Page 1 of 57 CCHA 14M 19-02 HVAC Rehab County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year �019-2020; for the HOME Program on Tune 25, 20191, Agenda Item 16.D.2.; and WHEREAS, HUD has approved the County's Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2019-2020i for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in this Agreement, in accordance with the approved One -Year Action Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile COUNTY purpose. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree as follows: PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing HOME funds, as determined by Collier County Community and Human Service (CHS), perform the tasks necessary to conduct the program as follows: Oroiect Component One (Rehabilitation): HVAC Installation, Phase 10. CHS, as an administrator of the HOME program, will make available FY 2016-2017, 2017-2018 and 2018-2019 funds up to the amount of $500,000 to the Collier County Housing Authority (CCHA) for: installation of heating, ventilation, and air conditioning systems in at least 49 units in Sections A & B of Farm Worker Village. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the rehabilitation of the properties. B. The following resolutions and policies must be delivered by the SUBRECIPIENT within sixty (60) days: 1. Fair Housing Policy 2. Fair Housing Marketing Plan 3. Fraud Policy 4. Affirmative Action/ Equal Opportunity Policy 5. Purchasing Policy 6. Conflict of Interest Policy Page 2 of 57 'CCHA HM 19-02 HVAC Rehab 7. Residential Anti -displacement and Relocation Policy 8, Sexual Harassment Policy 9. Procedures for compliance with the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.794 1 u) 10, Procedures for compliance with the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 11. Capital Needs Assessment Plan (CNAP) 12. Program. Income Reuse Plan 13. Tenant Policy Manual 14. Limited English Proficiency (LEP) 1.2 PROJECT DETAILS A. Project Description/Budget Activity HOME Match Budget Liability Amount Project Component One: VAC Installation, Phase 10; 1$500,000.06 installation of heating, ventilation, and air conditioning systems to at least 49 units in Sections A & B of Farm Worker Village. Match Minimum Required match 25% of total HOME funds ex ende Grand Total: 1 $500,000.00 125,000 The SUBRECIPIENT will accomplish the following project tasks: Project Tasks 1. Maintain documentation and income data on all households served in compliance with 24 CFR 92.508 2. Provide Quarterly reports on project status (Exhibit "C") and meeting an eligible activity 3. Required attendance by a representative from Executive Management, at quarterly partnership meetings, as requested 4. Provide Site Design and Specifications, as applicable Page 3 of 57 IM A HM 19-02 HVAC Rehab Prepare Bid Specifications and Cost Estimate, if applicable 6. Obtain Sealed Bids and provide associated procurement documentation 7. Comply with Davis -Bacon Act Labor Standards, if applicable 8. Submit invoices to CHS for rehabilitation costs for each unit 9. CHS will provide a land use restriction (LURA) for the period associated with the amount of HOME assistance provided by the COUNTY 10. Market Analysis 11. Project Proforma prior to rehabilitation and updated at the completion of the proj ect B. Income Requirements Nominally, all tenants must be at or less than 80 percent of AMI, HUD requires projects with 5 or more HOME -assisted units, that 20% of rental families be at or less than 60 percent of AMI. Collier County Program -wide Income targeting requires that 90 percent of rental families be at or less than 60 percent of AMI. This project will require at least 45 units be occupied by families at or below 60 percent of AMI. Tenants must be certified initially and recertified annually. Subrecipient will provide forty-five (45) units for households that meet the low HOME rent limit and four (4) units that meet the high HOME rent limit, but none of the tenants may have an annual gross income in excess of 80 percent for Collier County Statistical Areas. These units are fixed units and identified in the Land Use Restriction Agreement (LURA) hereby incorporated by reference.1 C. Project Outcome The SUBRECIPIENT will be reimbursed for the rehabilitation of multi -family rental properties, in accordance with the project scope and the SUBRECIPIENT shall ensure that the units are occupied by tenants that qualify, pursuant to paragraph 1.2 B above, The units will be deed restricted for the affordability period subject to the dollar amount of HOME funds invested in each unit. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this lWithin sixty (60) days of Policies Section 1.1 agreement A reement Execution HQS Inspections QS Inspection Form t completion of Rehabilitation and every Page 4 of 57 CCHA HM 19-02 HVAC Rehab CAQ three years thereafter until 2031 Insurance nsurance Certificate (Exhibit Prior to start of rehabilitation A) and Annually within thirty (30) days of renewal until 2031 Detailed Project Schedule Project Schedule Within sixty (60) days of Agreement Execution and u dated as requested Unit Summary Data Exhibit G At initial lease up and September 30 of each year throu h 2031 Project Plans And Site Plans and Rehabilitation�Priortostartof Specifications Specifications I Rehabilitatio Certified Payroll/Davis Certified Payroll Certified weekly payroll due Bacon 14 days from end of pay period for each payroll Subcontractor Log ISubcontractor Lo[Any time new subcontractors be i Income Certification Exhibit D, Opon the completion of the Documentation Rehabilitation and recertification of tenants annually thereafter until 2031 Quarterly Performance Data xhibit C7 Quarterly: within ten (10) Report days after the end of the quarter, (even if zero). Final report due sixty (60) days after agreement ends. Section 3 Report Quarterly report of new hire Quarterly: within ten (10) information days after the end of the quarter, until project is com lete. Financial and Compliance xhibit E Vknnually 9 months after Audit Single Audit OR One hundred eighty (180) days after FY end until 2031 Continued Use Certification lContinued Use Affidavit I Annuallyuntil 2031 Tenant leases lCopy of lease document For any new tenants until 2031 Occupancy and Tenant ISummary of Tenant Income Annually until 2031 Income Report and Rental and Income Limit, Rent and Rate Report Rent Limit, by unit (Rent Roll) Exhibit E Program Income Re -use Plan Planned use of program- nnually until 2031 generated incom Page 5 of 57 CCHA HM19-02 HVAC Rehab Final Year -End Performance Exhibit C Quarterly roll up report for Report Year -End Performance E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component One: Submission of supporting documents must be provided as Monthly by the 101h of the month following the end Funding costs will include but not limited to the backup as evidenced by of the previous month. following expenses: �IVAC contractor schedule of Installation, Phase 10 values/invoices or equivalent; installation of heating, proof of permit close out, if ventilation, and air applicable; banking documents; conditioning systems to at canceled checks; and any least 49 units in Sections A & additional documents as needed, B of Farm Worker Village. Final 10% (retainage) released upon documentation of "at least 49 HVAC units installed," monitoring clearance, and final waiver of lien. Retainage will be deducted from each invoice. Match xhibit 13-1 along with ll match shall be submission of supporting submitted prior to the documents; may also include release of retainage. cash or in kind documentation Should match not meet including canceled checks, 25% of the total expended banking statements, and invoices; amount, the final match and additional documentation balance shall be withheld may be requested from the retainage to meet the 25% match obligation. F. Performance Measures At Ieast 49 families will benefit from new HVAC units _ No more than 4 (four) units can be occupied by families between 60-80% AMI At least 45 units must be occupied by families at or below 60% of AMI 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on June 23, 2020 !and end on (September 30, Page 6 of 57 [CCHA HM19-02 HVAC Rehab 20211. Rehabilitation activities shall be completed by September 30, 2021 and the affordability period shall cease lin September 20311. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of HOME funds or other HOME assets, including program income. DURATION OF AGREEMENT The duration of the SUBRECIPIENT Agreement is as follows: Agreement Effective Date Tune 23, 2020 Agreement Termination Date (September 30, 2021 Deadline for Receipt of Final Reimbursement Request (December 30, 2021 1 However, no program costs can be incurred until an environmental review of the proposed project is completed, and approved by HUD or the Certifying Officer. Further, the SUBRECIPIENT will not undertake any rehabilitation activity or commit any funds prior to environmental clearance and a CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED THOUSAND DOLLARS ($500,000) for use by the SUBRECIPIENT, during the Term of the Agreement (hereinafter, referred to as the "Funds"). This Agreement shall remain in effect until all HOME funds and program income are no longer under the control of the SUBRECIPIENT. Modifications to the "Budget and Scope" may only be made if approved in advance, by the COUNTY, Budgeted fund shifts between cost categories and activities shall not be more than 10 percent of the total funding amount and no amount to a change in scope, Fund shifts that exceed 10 percent between project components shall only be made with Board approval. SUBRECIPIENTS are required to competitively bid and must ensure that every purchase order or contract executed for federally -assisted projects comply with all other Federal requirements and applicable LABOR provisions. SUBRECIPIENT must include HUD Form 4010 in each contract when contracting for services or goods related to a Federal award. Match Pursuant 24 CFR 92.218 Match is required for HOME funds. The SUBRECIPIENT is required to provide match funds when identified as an eligible source, such as contributions to housing activities that qualify as affordable housing under the HOME program throughout a fiscal year. Contributions that have been or will be counted as satisfying a matching requirement of Page 7 of 57 CCHA HM19-02 HVAC Rehab another Federal grant or award may not count as satisfying the matching contribution requirement for the HOME program. Pursuant to Florida administrative Code 67-37.007, the State Housing Initiatives Partnership Program funds may be used as required match for HOME eligible activities. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of HOME funds until funds are needed for the payment of eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. However, invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days without written authorization from the Grant Coordinator will not be reimbursed. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the Agreement. The extension must be authorized in writing by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state, or Federal requirements, Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the federal grants management rule for cost allowability found at 2 CFR 200 Subpart E- Cost Principles. For the purposes of this section (Section 1.5 Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93, Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT can only incure direct costs that may be attributed specifically to the project referenced above, as defined in 2 CFR 200,413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payment to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200,318-200.326. Allowable costs incurred by the SUBRECIPIENT and Contractors shall be in compliance with 2 CFR 200 Subpart E-Cost Principles. The SUBRECIPIENT will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements in the Agreement. Page 8 of 57 GCCHA HM19-02 HVAC Rehab i (D�p 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice, COLLIER COUNTY TTENTION: Carolyn Noble, Grants Coordinators Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: ICarolyn.Noble cr,colliercountyfl.ga �v� Phone: 39-450-5Igo � SUBRECIPIENT ,Executive Oscar Hentschel { Executive Director Collier County Housing Authority 11800 Farm Worker Way Immokalee, FL 34142 Email: ;oentschel a cchafl,org Phone: �39-657-3649I Page 9 of 57 �CCHA HM 19-02 HVAC Rehab C� PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit in compliance with 24 CFR 92,504. During the term of this Agreement, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY, no later than nine (9) months (or one hundred eighty (180) days for SUBRECIPIENTS exempt from Single Audit), after the SUBREICPIENT' S fiscal year end, The COUNTY will conduct an annual financial and programmatic review. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the SUBRECIPIENT. Failure of the SUBRECIPIENT comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits and 2 CFR 200.501 The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 92.508 to determine compliance with the requirements of this Agreement, the HOME Program, and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by HOME regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with Page 10 of 57 CCHA HMI9-02 HVAC Rehab generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as to properly reflect all net costs; direct and indirect labor, materials, equipment, supplies, and services; and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.332 with the following exception; if any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. The COUNTY shall be informed in writing, if an agency ceases to exist after closeout of this Agreement, of the address where the records are to be kept as outlined in 2 CFR 200.333. Meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Cox(a,colliercountyfl.goy, 3299 Tamiami Trail E, Naples FL 34112. E. For rental housing projects, records may be retained for five years after the project completion date; except those records of individual tenant income verification, project rents, and project inspections, which must be retained for the most recent five-year period until five years after the affordability period terminates. F. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain Page 11 of 57 CCHA HM19-02 14VAC Rehab fry records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. G. The applicability of labor standard provisions under the HOME program apply to any contract for the construction of 12 or more HOME -assisted units (Section 286, National Affordable Housing Act of 1990, as amended. H. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT' S compliance. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. 2.3 MONITORING SUBRECIPIENT agrees that CHS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY'S discretion, a reasonable monitoring charge may be imposed. Fees are based on average staff time and costs of materials. Ongoing monitoring fees may be included in the project underwriting. In addition, the COUNTY shall, at a minimum, conduct inspections every three (3) years in accordance with 24 CFR 92.504(d)(1) and HQS inspections shall be completed in accordance with 24 CFR 92.209(i). Also, at the COUNTY's discretion, a desktop review of activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of required reports. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated, with all other applicable federal, state, and local laws, regulations, and policies governing the funds provided under this Agreement. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY'S internal auditor(s) access to all records related to performance of activities in this agreement. Page 12 of 57 ICCHA HM 19-02 HVAC Rehab I 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT'S internal control systems, all transactions, and other significant events are to be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, any law, or any regulation to the COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No, 20t3-228, Community and Human Services Division (CHS) has adopted an escalation policy to ensure continued compliance by SUBRECIPIENTS, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to CHS within 15 days following the monitoring visit. o Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. o CHS will be available to provide Technical Assistance (TA) to the entity as needed to correct the non-compliance issue. 2. If an entity fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. o The COUNTY may require upwards of 5 percent of the award amount to be returned to CHS, at the discretion of the Board of County Commissioners. o The entity maybe denied future consideration, asset forth in Resolution No. 2013- 228. Page 13 of 57 CCHA HMI 9-02 HVAC Rehab If an entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by CHS of their substantial non- compliance by certified mail, CHS may require a portion of the awarded grant amount or the amount of the HOME investment for acquisition of the properties conveyed be returned to the COUNTY. o CHS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board of County Commissioners. o The entity will be in violation of Resolution No. 2013-228. 4. If after repeated notification the entity continues to be substantially non -compliant, CHS may recommend the Agreement or award be terminated. o CHS will make a recommendation to the Board of County Commissioners to immediately terminate the Agreement or contract. The entity will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties. o The entity will be violation of Resolution No. 2013-228. If the entity has multiple agreements with. CHS and is found to be non -compliant, the above sanctions may be imposed across all aivards at the discretion of the Board of County Commissioners. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 101h day of January, April, July, and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Page 14 of 57 �CCHA HM 19-02 HVAC Rehab PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 92 of HOME Investment Partnerships Program Grants including subpart H of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 93.352 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Parts 50 and 58. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state, and local laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant fiends otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an independent contractor of the COUNTY with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as the SUBRECIPIENT is independent of the COUNTY and an employer/employee relationship will not be created. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY' S governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state, or local governmental guidelines, policies, and available funding amounts or any other reasons, If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications Page 15 of 57 ICCHA HM 19-02 HVAC Rehab will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT, Expiration of Agreement; If the SUBRECIPIENT does not complete the project within the time period, the County Manager or designee may subject to HOME program requirements, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HOME grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing HOME funds pertaining to this Agreement. If curtailment or non -production of said federal funds occurs, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of the fiends will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgrnent, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement; and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. Page 16 of 57 CCHA HM19-02 HVAC Rehab 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However if, in the case of a partial termination, the COUNTY determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and Page 17 of 57 [CCHA HM 19-02 HVAC Rehab � ��� G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project, In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all HOME funds the SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the COUNTY to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to the SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement, in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity), and the SUBRECIPIENT has not provided the required end use beneficiaries, the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of HOME funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200,311 and as otherwise provided at 24 CFR 92,504(c)(2)(vii). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section, as outlined in Exhibit "A", and 2 CFR 200.310, has been obtained and carried at all times during its performance. Page 18 of 57 CCHA HM 19-02 HVAC Rehab cudc- 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the HOME funds (24 CFR 92 et seq.), 3.12 PURCHASING SUBRECIPIENT's are required to follow Federal Procurement regulations and Collier County's purchasing thresholds. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County's Purchasing Policy. Purchasing Threshold Policy Range $ Quotes $0 - $3,000 Single Quote with Documentation $3,001 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, RFP, etc, 3.13 PROGRAM GENERATED INCOME If there is Program Income, derived from the use of HOME funds disbursed under this agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the HOME Program. Any "Program Income", as defined in 24 CFR 92.2, gained fi•om any activity of the SUBRECIPIENT funded by HOME funds, shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 92.503(a), in the operation of the Program. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's HOME Grant Program, for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the 110 (ten) year affordability period on the project has been met. The affordability period shall commence with the recording of the lien and/or deed restriction documentation. Activities during this closeout period shall include, but not be limited to; malting final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section 2.2 of this Agreement, the SUBRECIPIENT shall comply Page 19 of 57 CCHA 14M19-02 HVAC Rehab with Section It 9.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215,97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation, 3.17 PROGRAM BENEFICIARIES Funds invested in dwelling units that are assisted with HOME funds must be occupied by households that qualify as low-income (less than 80 percent of AMI). For rental programs, income certification will be conducted prior to move -in and annually thereafter. 3.18 AFFIRMATIVE ACTION Page 20 of 57 CCHA HMI 9-02 HVAC Rehab The SUBRECIPIENT agrees that it shall be committed to carry out, pursuant to the COUNTY's specifications, an Affirmative Action Program in keeping with the principles provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program, The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the affordability period and submitted to COUNTY within 30 days of update/modification, 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 92.356(f) "Conflict of Interest", 2 CFR 200,318, and the State and COUNTY statutes, regulations, ordinances, or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate -income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT, The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of a conflict of interest contract will be in the COUNTY's sole discretion, This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS HOME funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 92,257. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: Page 21 of 57 CCHA HM19-02 HVAC Rehab I o� �3 a. It will not discriminate against any employee or applicant for employment on the basis of religion, and will not limit employment or give preference in employment to persons on the basis of religion. b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State, and local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct HOME funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. d. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, HOME funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to HOME funds in this part. Sanctuaries, chapels, or other rooms that a HOME funded religious congregation uses as its principal place of worship, however, are ineligible for HOME funded improvements, 3.21 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY any knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult, 3,22 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Page 22 of 57 CCHA HM 19-02 HVAC Rehab PART IV GENERAL PROVISIONS 4.1 24 CFR 92 as amended- All the regulations regarding the HOME program http://www.ecfr, gov/cgi-bin/text- idx?SID=c6cec34b7aabl a869c49cl091 cf69e98&node=24:1.1,1.1.41 &ram 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure, Link: http://www.eefr. gov/cgi-bin/text-, idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main 02.tpl 4.3 Title Il of the Cranston -Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.). Regulations at 24 CFR part 92. Titles II and III of the Americans with Disabilities Act, which prohibit you from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C, §§ 12131-12189), as implemented by Department of Justice regulations at 28 C.F.R. parts 35 and 36, and Department of Transportation regulations at 49 C.F.R. parts 37 and 38. Titles II and III of the Americans with Disabilities Act, which prohibit you from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189), as implemented by Department of Justice regulations at 28 C.F.R. parts 35 and 36, and Department of Transportation regulations at 49 C.F.R. parts 37 and 38. 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.govinfo.gov/content/pkg/USCODE-2007- title42/pdf/USCODE-2007-title42-chap45 ,pdf E.O. 11063 —Equal Opportunity in Housing https://www.archives.gov/federal- re aister/codific ation/executive-order/ 11063 .html E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www. archives. gov/federal-register/codification/executive-order/ 12259. html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/pait-107 4.5 Title VI of the Civil Rights Act of 1964, as amended, which prohibits you from discriminating on the basis of race, color, or national origin (42 U.S.C. 2000d et seq.), https-//www.justice.-gov/cit/fcs/TitleVI As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs, Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. You are encouraged to consider the need for language services for LEP persons served or Page 23 of 57 ICCHA HM19-02 HVAC Rehab COW- encountered both in developing your budgets and in conducting your programs and activities, For assistance and information regarding your LEP obligations, go to http: //u)ii)w. lep. goi? 4,6 Title VIII of the Civil Rights Act, which prohibits you from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U,S.C. 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR part 100. The prohibition on discrimination includes the requirement that new multifamily housing with four or more dwelling units, i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) be designed and constructed with certain accessible features, see 24 CFR part 100.201; and https://www. dol.gov/agencies/oasam/civil-rights-center/statutes/titte-vii-civil-rights-act- of-1964 4.7 Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating on the basis of sex in education programs or activities (20 U.S.C, 1681 et seq.) https://www.justice.gov/crt/fcs/TitleIX-SexDiscrimination 4.8 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.law.cornell.edu/cfi-/text/24/pait-92 4.9 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-I1246.htm1 EO 11375 and 12086: see item 48 below 4.10 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq, The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT; state that it is an Equal Opportunity or Affirmative Action employer, littp://www.ecoe.gov/laws/statutes/titlevii.cfm 4.11 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the RECIPIENT'S Sub -recipients and subcontractors, Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the RECIPIENT'S Sub -recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies Page 24 of 57 CCHA HM 19-02 HVAC Rehab �J and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the HOME -funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the HOME -funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and SUBRECIPIENT very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.eefT.gov/cgi- bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24efr13 5_main�02.tpl 4.12 The Age Discrimination Act of 1975, as amended, which prohibits you from discriminating on the basis of age (42 U.S.C. 6101 et seq.) Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age act.htm I1063:http://portal.hud.gov/hudportal/HUD?sref/program offices/fair housing equal o 1)p/FHLaws/EX011063 11246: http://www,ecoc.gov/ecoc/histoa/35th/thelaw/co-I 1246.html 11375: Amended by EO 11478 11478: htt ://www.archivcs. ov/federal-re ister/codification/executive-order/l1478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html Page 25 of 57 ICCHA HM19-02 HVAC Rehab 4.13 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceeng_ineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4,14 Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits you from discriminating on the basis of disability (29 U.S.C. 794) Section 504: httpJ/www.epa.gov/civilrights/sec504,htm 29 USC 776: http://law.onecle.com/uscode/29/776,html 4.15 The Americans with Disabilities Act of 1990 http://www.thwa.dot.gov/realestate/ua/index.htm 4.16 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. htip://www.fbwa.dot.gov/realestate/ua/index.htm 4,17 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis - Bacon Act. HUD Form 4010 must be included in all construction contracts funded by HOME, (See 42 USC 276a and 24 CFR I35.11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in whole or in part by Loans or Grants from the United States- http://www.law.cornell.edu/cfr/text/29/pait-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ... Subject to the Contract Work Hours and Safety Standards Act) http://www.law,comell.edu/cfr/text/29/pai-L-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index,php?pid=23675 4.18 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.federalre ig ster.gov/documents/2000/10/12/00-26446/increasing= opportunities -and -access -far -disadvantaged -businesses 4.19 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 5 Subpart A, as revised by Executive Order 13279. E.O. 13279: http://fedvovcontracts.com/pe02-192,htm Page 26 of 57 `CCHA HM19-02 HVAC Rehab 4.20 Public Law 100-430 - the Fair Housing Amendments Act of 1989. http://www.ncbi.nlm.nih.gov/pubmed/I 2289709 4.21 Immigration Reform and Control Act of 1986 http://www.ecoe,gov/eeoc/history/35th/thelaw/irea.html 4.22 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.law.comell.edu/cfr/text/2/part-200 4.23 Prohibition Of Gifts To COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - http://www.lawserver,com/law/state/florida/statutes/florida statutes_ chapter_112 part_iii Collier County - http://spI6/sites/HumanResources/Shared%20Documents/County- Practices-and-Procedures- (CMA)/CMA%205311°/a20Code°/a20of%20Ethics%20and%20Anti%20Fraud.pdf 4.24 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.25 Venue -Any suit of action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.26 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of the SUBRECIPIENT with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 201E' Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE Page 27 of 57 CCHA HM 19-02 HVAC Rehab I (91 SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. http://www.flsenate.p,ov/Laws/Statutes/2010/44.102 4.27 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.comell,edu/uscode/text/42/7401 b, Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www,law,comell.edu/uscode/text/33/chapter-26 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 59), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance, http://www.ecfr.gov/cgi- bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5bOb56&r_gn=div8&view=text&node=2 4: 3.1.1.3 A, l l .1.6&idno=24 4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead - Based Paint Poisoning Prevention Act found at 24 CFR 92.355 https://www,law,cornell.edu/cfr/text/24/92.355 4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation. Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/Libpal 966.htm http://www,eefr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr�8OO_main_02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nps.gov/history/local-law/nhpa1966.htm 4.31 The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.law.curnell.edu/uscode/text/41/subtitle -IV/chapter-81 4.32 The SUBRECIPIENT agrees to comply with Subpart A -- Generally Applicable Definitions and Requirements, Waivers, httys://www.jzovinfo.gov/app/details/CFR-2012- title24-vol 1 /CFR-2012-title24-vol l -part5 Page 28 of 57 ICCHA HM 19-02 HVAC Rehab 4.33 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.34 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of HOME including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with HOME funds in excess of $25,000, must adhere to the HOME Regulations at 24 CFR 92.35.3 http://www.fhwa.dot.gov/realestate/ua/index,htm http://www.law,come]1.edu/cfr/text/49/24.1 01 4.36 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 1-ittp://www.lawserver.com/law/state/florida/statutes/florida statutes 287-133 4.37 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Page 29 of 57 �CCHA HM19-02 HVAC Rehab I Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENT's shall certify and disclose accordingly. 4.38 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.39 Any rule or regulation determined to be applicable by HUD. 4.40 Florida Statutes 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App made=Display_ Statute&URL=0700- 0799/0713/0713.html 4.41 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida statutes 119-021 4.42 Florida Statutes, 119.071, Contracts and Public Records http://www.leiz.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.07.html Page 30 of 57 CCHA HM 19-02 HVAC Rehab PART V HOME Requirements 5.1 Project Requirements for SUBRECIPIENTS - 24 CFR 92.251 The SUBRECIPIENT is required to conform to the following requirements and regulations as stated below: 24 CFR 92.251(b) Property Standards, (b) Rehabilitation projects. All rehabilitation that is performed using HOME funds must meet the requirements of this paragraph (b), (1) Rehabilitation standards. The participating jurisdiction must establish rehabilitation standards for all HOME -assisted housing rehabilitation activities setting forth the requirements that the housing must meet upon project completion. The participating jurisdiction's description of its standards must be in sufficient detail to determine the required rehabilitation work including methods and materials. The standards may refer to applicable codes or they may establish requirements that exceed the minimum requirements of the codes. The rehabilitation standards must address each of the following: (i) Health and safety. The participating jurisdiction's standards must identify life - threatening deficiencies that must be addressed immediately if the housing is occupied. (ii) Major systems. Major systems are: structural support; roofing; cladding, and weatherproofing (e.g., windows, doors, siding, gutters); plumbing; electrical; and heating, ventilation, and air conditioning. For rental housing, the participating jurisdiction's standards must require the participating jurisdiction to estimate (based on age and condition) the remaining useful life of these systems, upon project completion of each major systems, For multifamily housing projects of 26 units or more, the participating jurisdiction's standards must require the participating jurisdiction to determine the useful life of major systems through a capital needs assessment of the project. For rental housing, if the remaining useful life of one or more major systems is less than the applicable period of affordability, the participating jurisdiction's standards must require the participating jurisdiction to ensure that a replacement reserve is established and monthly payments are made to the reserve that are adequate to repair or replace the systems as needed. For homeownership housing, the participating jurisdiction's standards must require, upon project completion, each of the major systems to have a remaining useful life for a minimum of five years or for such longer period specified by the participating jurisdiction, or the major systems must be rehabilitated or replaced as part of the rehabilitation work. Page 31 of 57 CCHA HM 19-02 HVAC Rehab 1 (iii) Lead -based paint. The participating jurisdiction's standards must require the housing to meet the lead -based paint requirements at 24 CFR part 35. (iv) Accessibility. The participating jurisdiction's standards must require the housing to meet the accessibility requirements in 24 CFR part 8, which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) implemented at 28 CFR parts 35 and 36, as applicable. Covered multifamily dwellings, as defined at 24 CFR 100.201, must also meet the design and construction requirements at 24 CFR 100,205, which implements the Fair Housing Act (42 U.S.C. 3601-3619). Rehabilitation may include improvements that are not required by regulation or statute that permit use by a person with disabilities. (v) Davis Bacon. Any HOME project where there are 12 or more HOME -assisted units, the participating jurisdiction requires the sub -recipient to adhere to the Davis -Bacon Act (40 U.S.C. 3141) (vi) Disaster mitigation. Where relevant, the participating jurisdiction's standards must require the housing to be improved to mitigate the impact of potential disasters (e.g., earthquake, hurricanes, flooding, and wildfires) in accordance with State and local codes, ordinances, and requirements. (vii) State and local codes, ordinances, and zoning requirements. The participating jurisdiction's standards must require the housing to meet all applicable State and local codes, ordinances, and requirements or, in the absence of a State or local building code, the International Existing Building Code of the International Code Council. (viii) Uniform Physical Condition Standards. The standards of the participating jurisdiction must be such that, upon completion, the HOME -assisted project and units will be decent, safe, sanitary, and in good repair as described in 24 CFR 5.703. HUD will establish the minimum deficiencies that must be corrected under the participating jurisdiction's rehabilitation standards based on inspectable items and inspected areas from HUD -prescribed physical inspection procedures (Uniform Physical Conditions Standards) pursuant to 24 CFR 5.705. (ix) Capital Needs Assessments. For multifamily rental housing projects of 26 or more total units, the participating jurisdiction must determine all work that will be performed in the rehabilitation of the housing and the long-term physical needs of the project through a capital needs assessment of the project. (x) Broadband Infrastructure. For new commitments made after January 19, 2017 for a substantial rehabilitation project of a building with more than four rental units, any substantial rehabilitation, as defined in 24 CFR 5.100, must provide for installation of broadband infrastructure, as this term is also defined in 24 CFR 5.100, except where the participating jurisdiction determines and, in accordance with §92.508(a)(3)(iv), documents the determination that: Page 32 of 57 CCHA HM 19-02 HVAC Rehab (A) The location of the substantial rehabilitation makes installation of broadband infrastructure infeasible; (B) The cost of installing broadband infrastructure would result in a fundamental alteration in the nature of its program or activity or an undue financial burden; or (C) The structure of the housing to be substantially rehabilitated makes installation of broadband infrastructure infeasible. (2) Construction documents and cost estimates. The participating jurisdiction must ensure that the work to be undertaken will meet the participating jurisdiction's rehabilitation standards. The construction documents (i.e., written scope of work to be performed) must be in sufficient detail to establish the basis for a uniform inspection of the housing to determine compliance with the participating jurisdiction's standards. The participating jurisdiction must review and approve a written cost estimate for rehabilitation after determining that costs are reasonable. (3) Frequency of Inspections. The participating jurisdiction must conduct an initial property inspection to identify the deficiencies that must be addressed. The participating jurisdiction must conduct progress and final inspections to determine that work was done in accordance with work write-ups. 5.2 Project Requirements for SUBRECIPIENTS - 24 CFR 92.252 The SUBRECIPIENT is required to conform to the following requirements and regulations as stated below: 24 CFR 92.252(h) Tenant Income and (i) Over -income tenants. (h) Tenant income. The income of each tenant must be determined initially in accordance with §92.203(a)(1)(i). In addition, each year during the period of affordability the project owner must re-examine each tenant's annual income in accordance with one of the options in §92.203 selected by the participating jurisdiction. An owner of a multifamily project with an affordability period of 10 years or more who re-examines tenant's annual income through a statement and certification in accordance with §92.203(a)(1)(ii), must examine the income of each tenant, in accordance with §92.203(a)(1)(i), every sixth year of the affordability period. Otherwise, an owner who accepts the tenant's statement and certification in accordance with §92.203(a)(1)(ii) is not required to examine the income of tenants in multifamily or single-family projects unless there is evidence that the tenant's written statement failed to completely and accurately state information about the family's size or income. (i) Over -income tenants. (1) HOME -assisted units continue to qualify as affordable housing despite a temporary noncompliance caused by increases in the incomes of existing tenants if actions satisfactory to HUD are being taken to ensure that all vacancies are filled in accordance with this section until the noncompliance is corrected. Page 33 of 57 CCHA HM 19-02 HVAC Rehab (2) Tenants who no longer qualify as low-income families must pay as rent the lesser of the amount payable by the tenant under State or local law or 30 percent of the family's adjusted income, except that tenants of HOME -assisted units that have been allocated low-income housing tax credits by a housing credit agency pursuant to section 42 of the Internal Revenue Code of 1986 (26 U.S.C. 42) must pay rent governed by section 42. In addition, in projects in which the Home units are designated as floating pursuant to paragraph 0) of this section, tenants who no longer qualify as low-income are not required to pay as rent an amount that exceeds the market rent for comparable, unassisted units in the neighborhood. 5.3 Affordability Requirements LONG TERM AFFORDABILITY The HOME -assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table, beginning after project completion. The per unit amount of HOME funds and the affordability period that they trigger are described more fully below under Recapture Provisions, HOME Required Affordability Period Rental Affordability Periods (§92.252(e)) Minimum period of affordability in years Rehabilitation or acquisition of existing housing per unit amount of HOME funds: Under $15,000 5 $15,000 to $40,000 10 Over $40,000 or rehabilitation involving refinancing 15 New construction or acquisition of newly constructed housing 20 5.4 HOME Per -Unit Subsidy Requirements Due to the discontinuation of the Section 221(d)(3) mortgage insurance program, alternate maximum per -unit subsidy limits must be used for the HOME Program. HUD is required to undertake rulemaking to establish new maximum per -unit subsidy limits for the HOME Program because it is no longer updating and publishing limits for the Section 221(d)(3) mortgage insurance program. Until a new rule can be published, HUD published a Notice establishing an interim policy that Field Office staff and participating jurisdictions (PJs) must follow, directing PJs to use the Section 234-Condominium Housing basic mortgage limits, for elevator -type projects, as an alternative to the Section 221(d)(3) limits in order to determine the maximum amount of HOME funds a PJ may invest on a per -unit basis in HOME -assisted housing projects. This interim policy remains in effect until the effective date of the new final rule provisions, amending the existing provisions of 24 CFR 92.250(a). HOME per -unit subsidy limit at 240 percent of the Section 234 basic mortgage Page 34 of 57 CCHA HM19-02 HVAC Rehab limit. Annual Section 234-Condominium Housing basic mortgage limits, for elevator -type projects can be found at: https://www.hudexcha nge.info/resource/2315/home. per-unit-subs[dy/ The maximum subsidy for �34-Condominium Housing Units is as follows: Bedrooms Non -Elevator Elevator 10 J$59,338 1 I$62,445 1 J$68,418 1 1$71,584 J$82,514 1 I$87,047 1 13 I I$105,621 J$112,611 14+ I J$117,666 1 J$123,611 As a rental rehabilitation housing project, the Affordability Period during which SUBRECIPIENT must maintain compliance with all applicable HOME rules shall be a maximum of fifteen (15) years depending on the amount assisted per unit. The Affordability Period will not commence until the Project has met the requirements for Project Completion outlined in 24 CFR 92.2, which will require that construction be complete, all HOME funds have been disbursed by the COUNTY and drawn from the US Treasury, and required completion data has been entered in HUD's IDIS Federal Reporting System, The COUNTY will notify the SUBRECIPIENT of the actual date of completion and the exact date of the expiration of the affordability period, which shall be calculated based on the date of completion. The COUNTY will record a covenant running with the land, in form satisfactory to the COUNTY that provides a means for enforcement of the affordability restrictions of 24 CFR 92.252. The covenant will be recorded senior to all other financing liens, including the first -position mortgage referenced above, and be enforceable against all successors in interest to Collier County. If necessary, the COUNTY may execute an amendment to the Covenant Running with the Land that extends the affordability restrictions of 24 CFR 92.252 to the exact date of expiration of the affordability period. Failure of the project to meet all applicable HOME requirements for the entire Affordability Period will result in a requirement that all HOME funds be repaid by the SUBRECIPIENT to the COUNTY. 5.5 Repayment Provisions Any HOME funds invested in housing that does not meet the affordability requirements for the period specified in 24 CFR 92.252 must be repaid, in full, by the SUBRECIPIENT. Any HOME funds invested in this Agreement that is terminated before completion, either voluntarily or otherwise, must be repaid, in full, by the SUBRECIPIENT. In addition, Page 35 of 57 ,CCHA HM19-02 HVAC Rehab any HOME funds used for costs that are not eligible under this part must be repaid, in full, by the SUBRECIPIENT. 5.6 Project Requirements for SUBRECIPIENTS - 24 CFR 92. The SUBRECIPIENT is required to conform to the following requirements and regulations as stated below: 24 CFR 92.253 Tenant protections and selection. (a) Lease. There must be a written lease between the tenant and the owner of rental housing assisted with HOME funds that is for a period of not less than 1 year, unless by mutual agreement between the tenant and the owner a shorter period is specified. The lease must incorporate the VAWA lease term/addendum required under §92.359(c), except as otherwise provided by §92,359(b) (b) Prohibited lease terms. The lease may not contain any of the following provisions: 1. Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease. 2. Treatment of property. Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The owner may dispose of this personal property in accordance with State law. 3. Excusing owner from responsibility. Agreement by the tenant not to hold the owner or the owner's agents legally responsible for any action or failure to act, whether intentional or negligent, 4, Waiver of notice. Agreement of the tenant that the owner may institute a lawsuit without notice to the tenant. 5. Waiver of legal proceedings. Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties. 6. Waiver of a jury trial. Agreement by the tenant to waive any right to a trial by jury. 7. Waiver of right to appeal court decision. Agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease. Page 36 of 57 CCHA HM 19-02 HVAC Rehab � �� 8. Tenant chargeable with cost of legal actions regardless of outcome. Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses. 9. Mandatory supportive services. Agreement by the tenant (other than a tenant in transitional housing) to accept supportive services that are offered. (c) Termination of tenancy. An owner may not terminate the tenancy or refuse to renew the lease of a tenant of rental housing assisted with HOME funds, except for serious or repeated violation of the terms and conditions of the lease; for violation of applicable Federal, State, or local law; for completion of the tenancy period for transitional housing or failure to follow any required transitional housing supportive services plan; or for other good cause. Good cause does not include an increase in the tenant's income or refusal of the tenant to purchase the housing. To terminate or refuse to renew tenancy, the owner must serve written notice upon the tenant specifying the grounds for the action at least 30 days before the termination of tenancy. (d) Tenant selection. An owner of rental housing assisted with HOME funds must comply with the affirmative marketing requirements established by the participating jurisdiction pursuant to § 92.351(a). The owner must adopt and follow written tenant selection policies and criteria that: 1. Limit the housing to very low-income and low-income families; as evidenced by income verification documentaton prior to occupancy and annually thereafter to be retained in the SUBRECIPIENT client file and validated by the COUNTY's Grant Compliance Unit at the interim and close out monitoring. 2. Are reasonably related to the applicants' ability to perform the obligations of the lease (i.e., to pay the rent, not to damage the housing; not to interfere with the rights and quiet enjoyment of other tenants). 3. Limit eligibility or give a preference to a particular segment of the population, if permitted in its written agreement with the participating jurisdiction (and only if the limitation or preference is described in the participating jurisdiction's consolidated plan). (i) Any limitation or preference must not violate nondiscrimination requirements in § 92,350. A limitation or preference does not violate nondiscrimination requirements if the housing also receives funding from a Federal program that limits eligibility to a particular segment of the population (e.g., the Housing Opportunity for Persons with AIDS program under 24 CFR part 574, the Shelter Plus Care program under 24 CFR pail 582, the Supportive Housing program under 24 CFR part 583, supportive housing for the elderly or persons with disabilities under 24 CFR part 891), Page 37 of 57 CCHA HM 19-02 HVAC Rehab and the limit or preference is tailored to serve that segment of the population. (ii) If a project does not receive funding from a Federal program that limits eligibility to a particular segment of the population, the project may have a limitation or preference for persons with disabilities who need services offered at a project only if; (A) The limitation or preference is limited to the population of families (including individuals) with disabilities that significantly interfere with their ability to obtain and maintain housing. (B) Such families will not be able to obtain or maintain themselves in housing without appropriate supportive services. (C) Such services cannot be provided in a nonsegregated setting. The families must not be required to accept the services offered at the project. In advertising the project, the owner may advertise the project as offering services for a particular type of disability; however, the project must be open to all otherwise eligible persons with disabilities who may benefit from the services provided in the project. 4. Do not exclude an applicant with a certificate or voucher under the Section 8 Tenant -Based Assistance; Housing Choice Voucher Program (24 CFR part 982) or an applicant participating in a HOME tenant -based rental assistance program because of the status of the prospective tenant as a holder of such certificate, voucher, or comparable HOME tenant -based assistance document. Provide for the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable. 6. Give prompt written notification to any rejected applicant of the grounds for any rejection. 7. Comply with the VAWA requirements prescribed in § 92.359. 24 CFR 92.354 Labor (a) General. (1) Every contract for the construction (rehabilitation or new construction) of housing that includes 12 or more units assisted with HOME funds must contain a provision requiring the payment of not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the Davis -Bacon Act (40 U.S.C. 3141), to all laborers and mechanics employed in the development of any part of the housing. Such contracts must also be subject to the overtime provisions, as applicable, of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701). Page 38 of 57 'CCHA HM19-02 HVAC Rehab 1, } (2) The contract for construction must contain these wage provisions if HOME funds are used for any project costs in §92.206, including construction or nonconstruction costs, of housing with 12 or more HOME -assisted units. When HOME funds are only used to assist homebuyers to acquire single-family housing, and not for any other project costs, the wage provisions apply to the construction of the housing if there is a written agreement with the owner or developer of the housing that HOME funds will be used to assist homebuyers to buy the housing and the construction contract covers 12 or more housing units to be purchased with HOME assistance. The wage provisions apply to any construction contract that includes a total of 12 or more HOME -assisted units, whether one or more than one project is covered by the construction contract. Once they are determined to be applicable, the wage provisions must be contained in the construction contract so as to cover all laborers and mechanics employed in the development of the entire project, including portions other than the assisted units. Arranging multiple construction contracts within a single project for the purpose of avoiding the wage provisions is not permitted. (3) Participating jurisdictions, contractors, subcontractors, and other participants must comply with regulations issued under these acts and with other Federal Iaws and regulations pertaining to labor standards, as applicable. Participating jurisdictions shall be responsible for ensuring compliance by contractors and subcontractors with labor standards described in this section. In accordance with procedures specified by HUD, participating jurisdictions shall: (i) Ensure that bid and contract documents contain required labor standards provisions and the appropriate Department of Labor wage determinations; (ii) Conduct on -site inspections and employee interviews; (iii) Collect and review certified weekly payroll reports; (iv) Correct all labor standards violations promptly; (v) Maintain documentation of administrative and enforcement activities; and (vi) Require certification as to compliance with the provisions of this section before making any payment under such contracts. (b) Volunteers, The prevailing wage provisions of paragraph (a) of this section do not apply to an individual who receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and who is not otherwise employed at any time in the construction work. See 24 CFR part 70. Page 39 of 57 CCHA HM 19-02 HVAC Rehab (c) .Sweat equity. The prevailing wage provisions of paragraph (a) of this section do not apply to members of an eligible family who provide labor in exchange for acquisition of a property for homeownership or provide labor in lieu of, or as a supplement to, rent payments. 5.7 Recapture Provisions This Agreement will follow the published policy in the applicable Action Plan for recapture. (Signature Page to Follow) Page 40 of 57 JCCHA HM19-02 HVAC Rehab I IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seats on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Cleric Dated: ttA Y U �Zo 2P (SEAL} Witness Name and Title Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Date: CCI 1A HM i 9-02 I-IVAC Rehab i BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA URT L. SAUNDERS, CHAIR -MAN `COLLIER COUNTY HOUSING AUTHORITY By: OSCAR HENTSCHEL, EXECUTIVE DIRECTOR Witness Name and Title Page 41 of 57 at7 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: l . Worlcers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DEs1GN STAGE (1F APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an Page 42 of 57 'CCHA HM19-02 HVAC Rehab area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes, 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11, Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.LM.A. Page 43 of 57 CCHA HM19-02 HVAC Rehab EXHIBIT "B" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION (CHS) SECTION I: REQUEST FOR PAYMENT Sub recipient Name: ICollier County Housing Authority Sub recipient Mailing Address: 1 1800 Farm Worker Way, Immokalee, Fl, 34 Project Name: I Collier County Housing Authority - HVAd Agreement No: I HM 19-02 1 Payment Request # Total Payment Minus Retainage: Period of Availability: through Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. 10% Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Grant Coordinator Grant Accountant Supervisor (approval required $15,000 and above) Dept Director (approval required $15,000 and above) Page 44 of 57 CCHA HM 19-02 HVAC Rehab EXHIBIT B-1 MATCH FORM COLLIER COUNTY REQUEST FOR MATCH SECTION 1: REQUEST FOR PAYMENT Subrecipient Name: lCollier County Housing Authority Subrecipient Address; It800 Farm Worker Way, Immokalee FL 34142 Project Name: VAC Project Number; LM19-021 I Match Request # Match Amount Request Today: $ SECTION 2: STATUS OF FUNDS 1, Total Match Amount per Agreement $ 2. Total Amount of Previous Match Submitted $ 3. Total Match Amount Awarded per Agreement Less Total Amount of Previous Match Submitted $ 4, Amount of Today's Request $ 5. Match Balance (Match per Agreement Less the Sum of All Match Submitted) $ I certify that this request farPayment/match has been made in accordance ivith the terms and conditions of the Agreement behveen the COUNTY and SUBRECIPIENTI DEVELOPER. To the best of my knowledge and belief, all grant requirements have been folloii ed. Signature Title Authorizing Grant Coordinator Supervisor Date Authorizing Grant Accountant Department Director Page 45 of 57 'CCHA HM19-02 HVAC Rehab EXHIBIT "C" QUARTERLY PERFORMANCE REPORT Agency Name: ICollier County Housing Authority Date; Project Title: ehab - HVAC IDIS #; 616 Program Contact, I Oscar Hentschel Tele hone Number; 239-657-3649 The Subrecipient shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October 15t — December 31" January I oth January 3 1 " — March 31 St Aril 10t" April I" — June 30"' Jul 10"' Jul 1" —September 301h October 10"' Date Submitted: Activity Reporting Period: Contact Person: Telephone: Email: GENERAL 1. Activity Status or Milestones —describe any significant actions taken or outcomes achieved during this reporting period. 2. Future Actions — what significant actions or outcomes are expected during the next reporting period? 3, Obstacles — describe any potential obstacles, challenges, or issues that may cause delay. Page 46 of 57 CCHA HM1.9-02 HVAC Rehab PERFORMANCE MEASURES/GOALS I. Please list the outcome goal(s) from your approved application and SUBRECIPIENT agreement and indicate your progress in meeting those goals since March 24, 2020. a. Outcome Goals: list the outcomegoal(s) from your SUBRECIPIENT agreement Outcome 1: At least 49 families will benefit from HVAC units Outcome 2: No more than 4 units can be occupied by families between 60-80% AMI Outcome 3:1 At least 45 units must be occupied by families at or below 60% of AMI b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original ro'eet schedule: Yes No If No, Explain: ACTIVITY STATUS Complete the following information by entering the appropriate numbers for this reporting period in the tables below. Do not duplicate information from previous reporting periods. Activity This Reporting Period No, Active Projects No. Projects Complete No. Properties Sold TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. Household Data This Reporting Period No, Extremely -Low Income Households 0-30% AMI No. Ve -Low Income Households 31-60% AMI) No. Low -Income Households 61-80% AMI No. Female Head of Households TOTAL Page 47 of 57 ICCHA HM 19-02 HVAC Rehab I S RACE AND ETHNICITY BENEFICIARIES Race Total No. Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi -Racial TOTAL Page 48 of 57 CCHA HM19-02 HVAC Rehab 1 9 EXHIBIT "D" INCOME CERTIFICATION INSTRUCTIONS Submit completed form, including appropriate supporting documentation to Grantee to obtain approval prior to the sale or lease of a property associated with this Agreement to an eligible person or household. Effective Date; A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 Total Cash Value of Assets B(a) Total Income from Assets B(b) If line 13(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0%) and enter results in B(c), otherwise leave blank. B(c) Page 49 of 57 �CCHA HM 19-02 HVAC Rehab i C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages 1 Benefits 1 Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the I greater of 2 box B(b) 3 or box 4 B(c), in above, 5 box C(e) 6 below) 7 8 (a) (b) (c) (d) (e) Totals Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this forth is to be used to determine maximum income for eligibility. Ilwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date Page 50 of 57 ICCHA HM 19-02 HVAC Rehab kt?:V E. HOME Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the HOME. The family or individual(s) constitute(s) a: Extremely -Law Income (ELI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Very Low -Income (VLI) Household means and individual or family whose annual income does not exceed 60 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Low -Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S, Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the HOME Administrator or His/Her Designated Representative: Signature Date Printed Name F. Household Data Title Number of Persons By Race 1 Ethnieity By Age Native American Hawaiian or Indian Asian Black Other Pac. White Other 0 — 25 26 — 40 41 — 61 62+ Islander Hispanic Non - Hispanic NOTE, Information concerning the rate or, ethnicity of the occupants is being gathered for statistical rise only, No occupant is required to give such information he or she desires to do so, and refusal to glue such information i•vill not affect any right he or she has an occupant. Page 51 of 57 CCHA HM19-02 HVAC Rehab I EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor SUBRECIPIENTS of federal awards to determine if SUBRECIPIENTS are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organizations compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. SUBRECIPIENT NAME First Date of Fiscal Year MMIDD/YY East Date of Fiscal Year MMIDDIYY Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most most recently completed Fiscal Year recently completed Fiscal Year $ 1 $ Check A. or B. Check C if applicable A.The federallstate expenditure threshold for our fiscal year ending as indicated above has been met and a ❑ Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by I. Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirement of OMB 2 CFR Part 200, Subpart F because we: ❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain! An audited financial statement is attached and if applicable, the independent auditor's mans ement letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report ❑ contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date I Print Name and Title 6/18 Page 52 of 57 CCHA HM 19-02 HVAC Rehab P 0 U U v 0 z Cd N -70 wJ o �D H H x O a :r E 0 U U U •�, O U ram- a•+ 0 x O � U O Q a N U U V a a � O Q � Cv7 a� o -d x� z 3 n�� ono 4,o z� v e s IN I O R O 5 J rA o 0 0 a 0 4� � L cn o^ �:z z z O � R w Hp A3 A3 �3 ,O N M z W N r� V` 0 a� a� 0 U 0 P, o � o y� a� Q d a� a a� O a� ro Q `CS 0 44 O