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Backup Documents 06/22/2021 Item #16D 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI4P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j b fl 7 M THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office -^ at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Hilary Halford Community and Human VV. 6.22.2021 Services 2. Jennifer Belpedio County Attorney Office 3. BCC Office Board of County Commissioners �� 4. Minutes and Records Clerk of Courts Office `6 -1 PRIMARY CONTACT INFORMATION itt/'/ Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Hilary Halford Phone Number 252-2670 Contact/ Department Agenda Date Item was June 22,2021 Agenda Item Number 1 t •jam, . Approved by the BCC V. / Type of Document See attached Inventory List with Number of Original See attached... Attached instructions of all documents and Documents Attached document counts included in this agenda item. PO number or account number if document is to be recorded 7.t at-t3 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. ?eSO (Initial) Applicable) 1. Does the document require the chairman's original signature? Q( G C HH 2.2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone *See Below)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be HH signed by the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the HH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip HH should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6.22.2021 and all changes made during 1-III N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made, and the document is ready for the } an option for Chairman's signature. this line, SEE ATTACHED LIST OF DOCUMENTS AND INSTRUCTIONS-� I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16 0 7 '� Documents included for signature are as follows: Document Type/Title Copy Instructions Count Resolution approving 5-Yr Consolidated Plan, Annual Action Plan 1 Send to Minutes&Records(MR)for and authorizing Chairman to sign required documents and transmittal recording to HUD Certifications/Assurances/SF424s for CDBG, HOME and ESG 2 Send 1 to Minutes&Records(MR)for 'programs recording and,l back to Hilary Halford with CHS A reement for Sunrise-Facility Improvement 3 Send all back to Hilary Halford at CHS —Free to Be Me 3 Send all back to Hilary Halford at Program CHS - • • — Installation 3 Send all back to Hilary Halford at CHS CDRCi Suh-rec i n Agreement for CC'HA Re>1 AS uiC�sit�n 3 Send all back to Hilary Halford at CHS n & 3 Send all back to Hilary Halford at Children-Security Enhancement CHS GP44G-Sttb-re.e..ipieutAgretment for Les?al Aid-Vitcim Services 3 Send all back to Hilary Halford at CHS ,CDBG Sub-recipient Agreement for City of Naples 3 Send all back to Hilary Halford at CHS 3 Send all back to Hilary Halford at CHS HOME Sub-recipient Agreement for Hunger& Homeless Coalition- 3 Send all back to Hilary Halford at 1"--Sr. Rehousing CHS -recipient greemen or e er or use ome and 3 Send all back to Hilary Halford at Children-Emergency Operations CHS ***Please note: Three (3) Sub-recipient agreements listed in the ES are not included here due to underwriting and other issues — they will be brought back once the agreements have finalized. Please contact Hilary Halford at ex. 2670 for pick-up once all signatures have been provided. Thank you! L Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 i D MEMORANDUM Date: June 29, 2021 To: Hilary Halford, Senior Grants & Housing Coordinator Community and Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2021-131 (copy) and original accompanying documents: Certifications/Assurances/SF424's for CDBG, HOME and ESG (1) CDBG Sub-recipient Agreement for City of Naples (3) HOME Sub-recipient Agreement for Hunger & Homeless Coalition — Sr. Rehousing (3) Attached please find copies of the documents referenced above, approved by the Board of County Commissioners June 22, 2021 (Item #16D7). The original resolution, an original copy of the certifications and copies of the remaining documents will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please call me at 252-8406. Thank you. Attachments (7) I6Q7 RESOLUTION NO.2021- 1 31 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING: FIVE YEAR CONSOLIDATED PLAN INCLUDING THE CITIZEN PARTICIPATION PLAN AND ONE-YEAR ACTION PLAN FOR COMMUNITY DEVELOPMENTBLOCK GRANT (CDBG), HOME INVESTMENT (HOME) AND EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAMS FY2021-2025; AUTHORIZING THE CHAIRPERSON TO EXECUTE REQUIRED HUD CERTIFICATIONS; AND AUTHORIZING TRANSMITTAL OF THE PLANS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the United States Department of Housing and Urban Development(HUD)requires a Five-Year Consolidated Plan and One-Year Action Plan be developed and submitted as an application for planning and funding of Community Development Block Grant(CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grants(ESG)programs; and WHEREAS,the overall goal of the community planning and development programs covered by this plan is to develop viable communities by providing decent, affordable housing, a suitable living environment and expanding economic opportunities for low and moderate-income persons; and WHEREAS, the Five-Year Consolidated Plan for FY 2021-2025 and an updated Citizen Participation Plan were adopted by the Board of County Commissioners on June 22, 2021; and WHEREAS, the FY 2021-2022 One-Year Action Plan will serve as a planning document for Collier County; an application for federal funds under the HUD formula grant programs, a strategy to be followed in carrying out the HUD programs; and an action plan that provides a basis for assessing performances. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. The Board of County Commissioners of Collier County approves the FY 2021-2025 Consolidated Plan to include the Citizenship Participation Plan, the Certifications, and the SF424 documents, the FY2021-2022 One-Year Action Plan for the CDBG, HOME, and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Community and Human Services Division to transmit the Plans to the proper funding authority and take all necessary actions for implementation of the CDBG, HOME and ESG programs. 1 6 D 7 2. The Chairperson of the Board of County Commissioners is authorized to execute certifications pertaining to the One-Year Action Plan on behalf of the County. 3. The One-Year Action Plan sets forth the dollar amounts and draft project descriptions for each project to be funded by the CDBG, HOME, and ESG programs. A copy of the proposed activities within each project and associated recommended funding is included in the executive Summary and incorporated by reference. Accordingly, the Subrecipient agreements for all CDBG,HOME and ESG projects will subsequently be entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and worthwhile County purpose. 4. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this 4,4- day of„wik, 2021, after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA r • re' _' am'r ," i rft L'AttP 3, to C 4 1 j z uty Clerk Ch rperson, P ny Taylor signature only, Approved as to form and legality: ____\C_ 0..,> Jenn'fer)A. Belpedio Assistant County Attorney \ ' 2r....z—i Item# LE Agenda 72. 1 Date Date GV I Rec'd ----- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP G6t (fl*"t 3o Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is lready complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Hilary Halford Community and Human V-P 9.13.2021 Services 2. Jennifer Belpedio County Attorney Office .c4,( , 91 I N I a 1 3. BCC Office Board of County Commissioners . J+ 1 4-15- & 4. Minutes and Records Clerk of Court's Office AU qfr1 -1 11:2 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Hilary Halford Phone Number 252-2670 Contact/ Department Agenda Date Item was June 22,2021 Agenda Item Number 16.D.7 Approved by the BCC Q " 02-1" 151 Type of Document HUD Funding Approval/Agreement for Number of Original 2 Attached CDBG,HOME&ESG funds Documents Attached PO number or account number if document is O b 1 —1 $'$' ' 3 e — 449030 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman' ot ...,ial signature?yes please! HH 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone *See Below)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be ^ signed by the Chairman,with the exception of most letters,must be reviewed and signed d J,`/(J i by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the HH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip HH should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6.22.2021 and all changes made during "'T tro the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is BCC,all changes directed by the BCC have been made,and the document is ready for the �- an option o Chairman's signature. this line. ** Please send one signed agreement to the Clerk's Minutes & Recording Department and 1 signed agreements back to H. Halford at Community & Hu an ervices C.JA p INS vied l/15 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24. 5;Revi ed 11/30/12 Ginn 44C t C-{—�� see i 1- SL�kI ✓eco►c of 160 7 MEMORANDUM Date: September 21, 2020 To: Hilary Halford, Senior Grants & Housing Coordinator Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: HUD Funding Approval/Agreements for CDBG, HOME & ESG Funds Attached for your records is one (1) copy of the document referenced above, (Item #16D7) approved by the Board of County Commissioners Tuesday, June 22, 2021. Once the recorded copy is returned to our office, we'll forward a copy to you for your records. If you have any questions, please call me at 252-7240. Thank you. Attachment 160i Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, October 11, 2021 8:44 AM To: HalfordHilary Subject: Recorded HUD Consolidated Plan FY2021-2025 and 1-year Action Plan FY2021 (#16D7 6-22-21) Attachments: Backup Documents 06_22_2021 Item #16D 7.pdf Please see attached for your records. Thank you. Ann JenneJotin 13MR Senior Deputy Clerk II `#i•.iTiTk:yT Clerk to the Value Adjustvvtevtt Board ,�.a'° �'••,� Office: 239-252-8406 Fax: 23 9-252-8408 (if applicable) Avwt.Jevtvtejohvt@CollierClerk.cow , �� Office of the Clerk of the Circuit Court �`(Kn.t' & Comptroller of Collier Couvtty 32 q Tawtiavvti Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.cowt 1 607 QP.„,ENTpFyO U.S.Department of Housing and Urban Development ' °N Community Planning and Development Division 7 * ' I * 0 Region IV,Miami Field Office i Brickell Plaza Federal Building G Q� 9egNpEv£,o 909 SE First Avenue,Room 500 Miami,FL 33131-3042 September 10, 2021 Honorable Penny Taylor Chairperson, Board of County Commissioners 3299 Tamiami Trail East,#303 Naples, FL 34112-5361 Dear Commissioner Taylor: SUBJECT: Collier County Consolidated Plan FY 2021-2025 and One-Year Action Plan FY 2021 The Miami Field Office would like to thank you for your continued partnership in providing quality affordable housing, a suitable living environment, and expanding economic opportunities for low-and moderate-income persons through HUD programs. On Thursday, June 10, 2021,the Department published an interim final rule with a request for comments, titled: Requesting Affirmatively Furthering Fair Housing Definitions and Certifications(86 Fed Reg 30779). The effective date for the interim rule is July 31, 2021, and you are encouraged to review the interim rule in developing your programs. Enclosed are the Grant Agreements for the following programs: Community Development Block Grant Program (CDBG) $2,744,274.00 HOME Investment Partnerships (HOME) $753,000.00 Emergency Solutions Grant(ESG) $217,796.00 Total FY 2021 Award $3,715,070.00 Transmittal of these Grant Agreements does not constitute approval of the activities described in your Consolidated Plan. You are reminded that you, as grantee, are responsible for ensuring that all grant funds are used in accordance with all program requirements. An executed Grant Agreement is a legally binding agreement between the Department of Housing and Urban Development and Collier County. INSTR 6138525 OR 6022 PG 1172 RECORDED 10/5/2021 4:30 PM PAGES 10 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$86.50 HUD's mission is to create strong,sustainable,inclusive communities and quality,affordable homes for all. www.hud.gov espanol.hud.qov 1607 To establish a Line of Credit for Fiscal Year 2021 grants, it will be necessary for your agency to sign, execute and return one (1) copy of the Grant Agreements. If there is a need to add or remove individuals authorized to access the Integrated Disbursement Information System (IDIS),please submit an IDIS Online Access Request Form (HUD 27055). Also,please ensure the IDIS Online Access Request Form is notarized and returned to this office with your Grant Agreements. Additionally, if there is a need to establish or change the depository account where these funds are to be wired, a Direct Deposit Sign-Up form (SF-1199A)must be completed by your financial institution and returned to this office with a copy of a voided check. In accordance with the HOME regulations at 24 CFR 92.254(a)(5), a Participating Jurisdiction(PJ) must establish resale and/or recapture requirements that comply with the standards of the regulation. Furthermore,the resale and/or recapture requirements must be set forth in the PJ's Consolidated Plan. HUD must determine if the PJ's provisions comply with the requirements of the regulations and notify the PJ in writing of its determination. HUD has reviewed Collier County's resale and recapture provisions and has determined that the provisions included in the Plan comply with the requirements at 24 CFR 92.254(a)(5). Please note the special condition in your CDBG Funding Approval/Agreement. You are reminded that certain activities are subject to the provisions of 24 CFR Part 58 (Environmental Review Procedures). Funds for such activities may not be obligated or expended until HUD has approved the release of funds in writing. A request for release of funds (RROF)must be accompanied by an environmental certification, and until the RROF is approved and notification is received, no HUD funds should be committed. If the project or activity is exempt per 24 CFR 58.34 or categorically excluded (except in extraordinary circumstances), no RROF is required. Please execute two (2) copies of the CDBG/HOME/ESG Funding Approval/Agreements with electronic signatures. In response to COVID-19, HUD authorizes you to electronically execute the grant agreements with your electronic signature. Return one (1) of each of the agreements to this office to the attention of Ann D. Chavis, Director, Community Planning and Development via email message at: Ann.D.Chavis@hud.gov and cc: Lisa Bustamante, Program Manager at: Fiordaliza.Bustamante@hud.gov. Please ensure the Chief Elected Official and/or authorized designee electronically signs the CDBG grant agreement in the box directly across from the HUD CPD Director's signature. The CDBG Funding Approval/Agreement should not be electronically signed in box 12c. Maintain a copy of each of the agreements with your original signatures on site in your program files. HUD's mission is to create strong,sustainable,inclusive communities and quality,affordable homes for all. www.hud.gov espanol.hud.gov 1607 For additional information and guidance on grant-based accounting, please refer to the HUD Exchange at: https://www.hudexchange.info/manage-a-program/grant-based-accounting/. HUD congratulates Collier County on its grant award, and we look forward to assisting you in accomplishing your programs goals. If you have any questions or need further information of assistance,please contact Nora Casal Cintron, Senior Community Planning and Development Representative at(305) 520-5009, or nora.e.casalcintron@hud.gov. Sincerely, Ann D. Chavis, Director, Office of Community Planning and Development cc: Lisa Bustamante, Program Manager U.S. H.U.D. Ms. Kristi Sonntag,Director Enclosures HUD's mission is to create strong,sustainable,inclusive communities and quality,affordable homes for all. www.hud.gov espanol.hud.gov 1607 Funding Approval/Agreement U.S.Department of Housing and Urban Development OMB Approval No.2506-0193 Title I of the Housing and Community Office of Community Planning and Development pP Development Act(Public Law 930383) Community Development Block Grant Program exp 5/31/2018 HI-00515R of 20515R 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit DUNS Number Collier County 596000558 076997790 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin Community and Human Services Department 10/01/2021 3339 East Tanuami Trail 5a.Project/Grant No.1 6a.Amount Approved Naples,FL 34112-5361 B-21-UC-12-0016 $2,744,274 5b.Project/Grant No.2 6b.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre- agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization) Ann D.Chavis Collier County Title Title CPD Director Board of County Commission Chairperson Signature Date Signature Date 09/10/2021 J X 7.Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one (check one) 07/21/2021 ®a.Orig.Funding Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval ®Attached 08/24/2021 ❑b.Amendment 9c.Date of Start of Program Year Amendment Number 10/01/2021 11.Amount of Community Development Block Grant FY 2021 a.Funds Reserved for this Grantee $2,744,274 b.Funds now being Approved c.Reservation to be Cancelled (11 a minus 11 b) 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency N/A N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s)as Grantee designated to receive loan guarantee assistance,and agrees to comply with the terms and conditions of the Agreement,applicable regulations,and 12c.Name of Authorized Official for Designated Public Agency other requirements of HUD now or hereafter in effect,pertaining to the assistance N/A provided it. Title N/A Signature X N/A HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F 1 5 3 Iii Y Pro ject Number Amount Y Project Number Amount Date Entered PAS(mm/dd/yyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By ATTEST ' �,p~=,• CRYSTAL-K.KIN L,CLERK Approved as to form an egality • Chairman"� ;deg as t0 Assistant cv.lnty Attc sitirtur en.y 160 Collier County B-21-UC-12-0016 8. Special Conditions. (a) The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2028. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2028. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement,provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agency Indirect cost rate Cost Base Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082,the grantee shall comply with requirements established by the Office of Management and Budget(OMB) concerning the Dun and Bradstreet Data Universal Numbering System(DUNS);the System for Award Management(SAM.gov.);the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25,Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or I 7 Collier County B-21-UC-12-0016 highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication-related, water- related and wastewater-related infrastructure), other structures designated for use by the general public or which have other common- carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act(Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372-Special Contract Condition -Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order(E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source -P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). ! 6 D 7 U.S. Department of Housing and Urban Development Office of Community Planning and Development Funding Approval and HOME Investment Partnerships Agreement Title II of the National Affordable Housing Act Assistance Listings#14.239—HOME Investment Partnerships Program 1. Grantee Name(must match name associated with 3b.)and Address 2. Grant Number(Federal Award Identification Number(FAIN) Collier County Community and Human Services Department M21-UC120217 3339 East Tamiami Trail Naples,FL 34112-5361 3a Tax Identification Number 3b. Unique Entity Identifier(formerly DUNS) 596000558 076997790 4.Appropriation Number 5. Budget Period Start and End Date 861/40205 FY 2021 through FY 2029 6. Previous Obligation(Enter"0"for initial FY allocation) $0.00 a. Formula Funds $ b. Community Housing Development Org.(CHDO)Competitive $ 7. Current Transaction(+or-) $753,000 a. Formula Funds $753,000 1. CHDO(For deobligations only) $ 2. Non-CHDO(For deobligations only) $ b. CHDO Competitive Reallocation or Deobligation $ 8. Revised Obligation $ a. Formula Funds $ b. CHDO Competitive Reallocation $ 9. Special Conditions(check applicable box) 10. Federal Award Date(HUD Official's Signature Date) ❑ Not applicable El Attached 09/10/2021 11.Indirect Cost Rate* 12.Period of Performance Administering Agency/Dept. Indirect Cost Rate Direct Cost Base 09/10/2021 -09/01/2029 *If funding assistance will be used for payment of indirect costs pursuant to 2 CFR _% 200, Subpart E-Cost Principles, provide the name of the department/agency, its indirect cost rate(including if the de minimis rate is charged per 2§CFR 200.414),and the direct cost base to which the rate will be applied. Do not include cost rates for _% subrecipients. This Agreement between the Department of Housing and Urban Development(HUD)and the Grantee is made pursuant to the authority of the HOME Investment Partnerships Act(42 U.S.C. 12701 et seq.).The Grantee's approved Consolidated Plan submission/Application,the HUD regulations at 24 CFR Part 92(as is now in effect and as may be amended from time to time)and this HOME Investment Partnership Agreement,form HUD-40093,including any special conditions,constitute part of this Agreement.Subject to the provisions of this Agreement,HUD will make the funds for the Fiscal Year specified,available to the Grantee upon execution of this Agreement by the parties.All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD,without the Grantee's execution of the amendment or other consent.HUD's payment of funds under this Agreement is subject to the Grantee's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502.To the extent authorized by HUD regulations at 24 CFR Part 92,HUD may,by its execution of an amendment,deobligate funds previously awarded to the Grantee without the Grantee's execution of the amendment or other consent.The Grantee agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing.Repayment shall be made as specified in 24 CFR Part 92.The Grantee agrees to assume all of the responsibility for environmental review,decision making,and actions,as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. The Grantee must comply with the applicable requirements at 2 CFR part 200 that are incorporated by the program regulations,as may be amended from time to time.Where any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in the program regulations,activities carried out under the grant after the effective date of the part 200 amendments will be governed by the 2 CFR part 200 requirements as replaced or renumbered by the part 200 amendments. The Grantee shall comply with requirements established by the Office of Management and Budget(OMB)concerning the Universal Numbering System and System for Award Management(SAM)requirements in Appendix Ito 2 CFR part 200,and the Federal Funding Accountability and Transparency Act(FFATA)in Appendix A to 2 CFR part 170. The Period of Performance for the funding assistance shall begin on the date specified in item 12 and shall end on September of the 5th fiscal year after the expiration of the period of availability for obligation.Funds remaining in the account will be cancelled and thereafter not available for obligation or expenditure for any purpose.Per 31 U.S.C.1552. The Grantee shall not incur any obligations to be paid with such assistance after the end of the Period of Performance. 13. For the U.S.Department of HUD(Name and Title of Authorized Official) 14.Sign 15. Date Ann D.Chavis,CPD Director 09/10/2021 16.For the Grantee(Name and Title of Authorized Official) Penny Taylor,Chairperson 17. gnat j� 1�`7 �,D .20 19.Check one: ATMS ® Initial Agreement ❑Amendment# CRYSTAI�'(.KINZEL,CL Approved as to form and legality BYr `'�'� )t 1 �. .� r � ■,f/G'�J . Source of Funds dalion Code PAS Cade Amount Attest as to , f 4 \\•`1\ /� ) -_.__ 861/40 2021 861/40205 HMF(J) $747,965 . VV! 2020 860/30205 HMF(H) $4,560 A ant County Att s.�CY 2019 869/20205 HMF(G) $475 • + r signature t1 Page 1 form HUD-40093 1 + D7 Funding Approval/Agreement U.S. Department of Housing and Urban Emergency Solutions Grants Program Development Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, Office of Community Planning and Development 42 U.S.C. 11371 et seq. Assistance Listing Number 14.231 1. Recipient Name and Address 2.Unique Federal Award Identification Number: Collier County E-21-UC-12-0016 Community and Human Services Department 3.Tax Identification Number: 596000558 3339 East Tamiami Trail Naples,FL 34112-5361 4.Unique Entity Identifier(DUNS):076997790 5. Fiscal Year:2021 6. Previous Obligation(Enter"0"for initial Fiscal Year allocation) $0 7. Amount of Funds Obligated or Deobligated by This Action(+or-) $217,796 8. Total Amount of Federal Funds Obligated $217,796 9. Total Required Match 10.Total Amount of Federal Award Including Match 11.Start Date of Recipient's 12. Date HUD Received Recipient's 13. Period of Performance and Program Year Consolidated Plan Submission Budget Period Start Date/Federal Award Date(the 10/01/2021 7/21/2021 date listed in Box 19 for initial Fiscal Year allocation) 9/10/2021 14.Type of Agreement(check applicable box) 15.Special Conditions and Requirements ® Initial Agreement(Purpose#1 —Initial Fiscal Year allocation) ❑ Not applicable ®Attached ❑ Amendment(Purpose#2—Deobligation of funds) 16. Period of Performance and Budget Period End Date(24 ❑ Amendment(Purpose#3—Obligation of additional funds) months after the date listed in Box 13)9/9/2023 General Terms and Conditions:This Agreement between the U.S. Department of Housing and Urban Development (HUD)and the Recipient is made pursuant to the authority of Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11371 et seq.)and is subject to the applicable annual appropriations act. The Recipient's Consolidated Plan submissions(including the Recipient's approved annual Action Plan and any amendments completed in accordance with 24 CFR Part 91),the Emergency Solutions Grants Program regulations at 24 CFR Part 576(as now in effect and as may be amended from time to time), and this Agreement, including any special conditions attached to this Agreement, constitute part of this Agreement. Subject to the terms and conditions of this Agreement, HUD will make the funds for the specified Fiscal Year available to the Recipient upon execution of this Agreement by the Recipient and HUD. The funds may be used for costs incurred before the Budget Period under the conditions specified in HUD Notice CPD-21-02 or another prior written approval by HUD, or if the Recipient is not covered by Notice CPD-21-02, under the condition that the costs are otherwise allowable and were incurred on or after the dates listed in box 11 and box 12 or 90 calendar days before the date in box 13(whichever is later).The Recipient agrees to assume responsibility for environmental review, decision making, and action under 24 CFR Part 58, except where the Recipient is a state and distributes funds to a unit of general local government,the Recipient must require the unit of general local government to assume that responsibility and must comply with the state's responsibilities under 24 CFR 58.4.Without the Recipient's execution of an amendment or other consent, HUD may amend this Agreement to provide additional funds to the Recipient for the specified Fiscal Year or to deobligate funds under this Agreement in accordance with applicable law. The Recipient must comply with the applicable requirements at 2 CFR part 200, as may be amended from time to time. Where any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in 24 CFR part 576, activities carried out under the grant after the effective date of the part 200 amendments will be governed by the part 200 requirements as replaced or renumbered by the part 200 amendments. If the amount in Box 8 exceeds$500,000,the Recipient must comply with Appendix XII to 2 CFR part 200—Award Term and Condition for Recipient Integrity and Performance Matters. Nothing in this Agreement shall be construed as creating or justifying any claim against the federal government or the Recipient by any third party. 17.For the U.S.Department of HUD(Name,Title,and Contact Information of 18.Sign 19.Date Authorized Official) 9/10/2021 Ann D.Chavis,CPD Director x 20.For the Recipient(Name and Title of Authorized Official) 21.Sin re 22.Date Penny Taylor,Collier County Board of County Commission Chairperson Funding Information(HUD Accounting Use Only): PAS Code:21HAES ' Region:04 Program Code:SOE Appropriation:00192 S -- r•Office:(Miami) Allotment:868 Appro Symbol:H '• ATTEST Approved as to form and legality Attest as to Chairman'eRYSTa►1 K.KINZEL,CLERK signature only. BY: �,� Assistant County Attorn l607 COLLIER COUNTY E-21-UC-12-0016 Special Conditions and Requirements for FY 2021 ESG Program Indirect Cost Rate The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement,provided that the rate(s) described comply with 2 CFR part 200, subpart E. Instructions: The Recipient must identiji each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR§200.414(1)), and the type of direct cost base to which the rate will be applied(for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. Recipient Direct Department/Agency Indirect cost rate Cost Base I 6 u COLLIER COUNTY E-21-UC-12-0016 Special Conditions and Requirements for FY 2021 ESG Program Serving Youth Who Lack 3rd Party Documentation or Live in Unsafe Situations Notwithstanding any contrary requirements under the McKinney-Vento Homeless Assistance Act or 24 CFR part 576, youth aged 24 and under who seek assistance(including shelter, services or rental assistance) shall not be required to provide third-party documentation that they meet the homeless definition in 24 CFR 578.3 as a condition for receiving assistance; and unaccompanied youth aged 24 and under(or families headed by youth aged 24 and under) who have an unsafe primary nighttime residence and no safe alternative to that residence shall be considered homeless for purposes of assistance provided by any private nonprofit organization whose primary mission is to provide services to youth aged 24 and under and families headed by youth aged 24 and under l6D7 ' OMB Approval No.0348-0042 ASSURANCES-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed (including funds sufficient to pay the non-Federal share standards for merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of the project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R.900,Subpart F). 2, Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate, the State, Prevention Act (42 U.S.C. §§4801 et seq.) which through any authorized representative, access to and prohibits the use of lead-based paint in construction or the right to examine all records, books, papers, or rehabilitation of residence structures. documents related to the assistance; and will establish a proper accounting system in accordance with 10. Will comply with all Federal statutes relating to non- generally accepted accounting standards or agency discrimination. These include but are not limited to: (a) directives. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, 3. Will not dispose of, modify the use of, or change the color or national origin; (b) Title IX of the Education terms of the real property title, or other interest in the Amendments of 1972, as amended (20 U.S.C. §§1681- site and facilities without permission and instructions 1683, and 1685-1686), which prohibits discrimination from the awarding agency. Will record the Federal on the basis of sex; (c) Section 504 of the interest in the title of real property in accordance with Rehabilitation Act of 1973, as amended (29 U.S.C. awarding agency directives and will include a covenant §794), which prohibits discrimination on the basis of in the title of real property aquired in whole or in part handicaps; (d) the Age Discrimination Act of 1975, as with Federal assistance funds to assure non- amended (42 U.S.C. §§6101-6107), which prohibit discrimination during the useful life of the project. discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as 4. Will comply with the requirements of the assistance amended, relating to nondiscrimination on the basis of awarding agency with regard to the drafting, review and drug abuse; (f) the Comprehensive Alcohol Abuse and approval of construction plans and specifications. Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to 5. Will provide and maintain competent and adequate nondiscrimination on the basis of alcohol abuse or engineering supervision at the construction site to alcoholism; (g) §§523 and 527 of the Public Health ensure that the complete work conforms with the Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- approved plans and specifications and will furnish 3), as amended, relating to confidentiality of alcohol progress reports and such other information as may be and drug abuse patient records; (h) Title VIII of the required by the assistance awarding agency or State. Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, 6. Will initiate and complete the work within the applicable rental or financing of housing; (i) any other time frame after receipt of approval of the awarding nondiscrimination provisions in the specific statute(s) agency. under which application for Federal assistance is being made; and, (j) the requirements of any other 7. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the using their positions for a purpose that constitutes or application. presents the appearance of personal or organizational conflict of interest,or personal gain. Standard Form 424D(Rev.7-97) Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102 16 0? 11. Will comply, or has already complied, with the National Environmental Policy Act of 1969 (P.L. 91- requirements of Titles II and III of the Uniform Relocation 190) and Executive Order (EO) 11514; (b) notification Assistance and Real Property Acquisition Policies Act of of violating facilities pursuant to EO 11738; (c) 1970 (P.L. 91-646) which provide for fair and equitable protection of wetlands pursuant to EO 11990; (d) treatment of persons displaced or whose property is evaluation of flood hazards in floodplains in accordance acquired as a result of Federal and federally-assisted with EO 11988; (e) assurance of project consistency programs. These requirements apply to all interests in real with the approved State management program property acquired for project purposes regardless of developed under the Coastal Zone Management Act of Federal participation in purchases. 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation 12. Will comply with the provisions of the Hatch Act (5 U.S.C. Plans under Section 176(c) of the Clean Air Act of §§1501-1508 and 7324-7328) which limit the political 1955, as amended (42 U.S.C. §§7401 et seq.); (g) activities of employees whose principal employment protection of underground sources of drinking water activities are funded in whole or in part with Federal funds. under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of 13. Will comply, as applicable,with the provisions of the Davis- endangered species under the Endangered Species Act Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act of 1973, as amended (P.L.93-205). (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 16. Will comply with the Wild and Scenic Rivers Act of 333) regarding labor standards for federally-assisted 1968 (16 U.S.C. §§1271 et seq.) related to protecting construction subagreements. components or potential components of the national wild and scenic rivers system. 14. Will comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance (P.L. 93-234) which requires recipients in a special flood with Section 106 of the National Historic Preservation hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 flood insurance if the total cost of insurable construction (identification and protection of historic properties), and and acquisition is$10,000 or more. the Archaeological and Historic Preservation Act of 1974(16 U.S.C.§§469a-1 et seq.). 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of 18. Will cause to be performed the required financial and environmental quality control measures under the compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No.A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations,and policies governing this program. SIGNAT R F AUTHORIZED CERTIFYING OFFICIAL TITLE Chairperson APPLICANT ORG IZATIO DATE SUBMITTED -TkCollier County Board of County Commissioners (ESG) � ad 0 SF-424D(Rev.7-97)Back ATTEST c' . Approved as to form and Legality CRYSTAL.I . 70 57. 11�5 C r (� \.v BY: 4-ant County ey �i\�.� I6D7 OMB Approval No.0348-0042 ASSURANCES-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed (including funds sufficient to pay the non-Federal share standards for merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of the project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R. 900, Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate, the State, Prevention Act (42 U.S.C. §§4801 et seq.) which through any authorized representative, access to and prohibits the use of lead-based paint in construction or the right to examine all records, books, papers, or rehabilitation of residence structures. documents related to the assistance; and will establish a proper accounting system in accordance with 10. Will comply with all Federal statutes relating to non- generally accepted accounting standards or agency discrimination. These include but are not limited to: (a) directives. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, 3, Will not dispose of, modify the use of, or change the color or national origin; (b) Title IX of the Education terms of the real property title, or other interest in the Amendments of 1972, as amended (20 U.S.C. §§1681- site and facilities without permission and instructions 1683, and 1685-1686), which prohibits discrimination from the awarding agency. Will record the Federal on the basis of sex; (c) Section 504 of the interest in the title of real property in accordance with Rehabilitation Act of 1973, as amended (29 U.S.C. awarding agency directives and will include a covenant §794), which prohibits discrimination on the basis of in the title of real property aquired in whole or in part handicaps; (d) the Age Discrimination Act of 1975, as with Federal assistance funds to assure non- amended (42 U.S.C. §§6101-6107), which prohibits discrimination during the useful life of the project. discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as 4. Will comply with the requirements of the assistance amended, relating to nondiscrimination on the basis of awarding agency with regard to the drafting, review and drug abuse; (f)the Comprehensive Alcohol Abuse and approval of construction plans and specifications. Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to 5. Will provide and maintain competent and adequate nondiscrimination on the basis of alcohol abuse or engineering supervision at the construction site to alcoholism; (g) §§523 and 527 of the Public Health ensure that the complete work conforms with the Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- approved plans and specifications and will furnish 3), as amended, relating to confidentiality of alcohol progress reports and such other information as may be and drug abuse patient records; (h) Title VIII of the required by the assistance awarding agency or State. Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, 6. Will initiate and complete the work within the applicable rental or financing of housing; (i) any other time frame after receipt of approval of the awarding nondiscrimination provisions in the specific statute(s) agency. under which application for Federal assistance is being made; and, (j) the requirements of any other 7, Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the using their positions for a purpose that constitutes or application. presents the appearance of personal or organizational conflict of interest,or personal gain. Standard Form 424D(Rev.7-97) Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102 1607 11. Will comply, or has already complied, with the National Environmental Policy Act of 1969 (P.L. 91- requirements of Titles II and III of the Uniform Relocation 190) and Executive Order (EO) 11514; (b) notification Assistance and Real Property Acquisition Policies Act of of violating facilities pursuant to EO 11738; (c) 1970 (P.L. 91-646) which provide for fair and equitable protection of wetlands pursuant to EO 11990; (d) treatment of persons displaced or whose property is evaluation of flood hazards in floodplains in accordance acquired as a result of Federal and federally-assisted with EO 11988; (e) assurance of project consistency programs. These requirements apply to all interests in real with the approved State management program property acquired for project purposes regardless of developed under the Coastal Zone Management Act of Federal participation in purchases. 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation 12. Will comply with the provisions of the Hatch Act (5 U.S.C. Plans under Section 176(c) of the Clean Air Act of §§1501-1508 and 7324-7328) which limit the political 1955, as amended (42 U.S.C. §§7401 et seq.); (g) activities of employees whose principal employment protection of underground sources of drinking water activities are funded in whole or in part with Federal funds. under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of 13. Will comply, as applicable,with the provisions of the Davis- endangered species under the Endangered Species Act Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act of 1973,as amended (P.L. 93-205). (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 16. Will comply with the Wild and Scenic Rivers Act of 333) regarding labor standards for federally-assisted 1968 (16 U.S.C. §§1271 et seq.) related to protecting construction subagreements. components or potential components of the national wild and scenic rivers system. 14. Will comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance (P.L. 93-234) which requires recipients in a special flood with Section 106 of the National Historic Preservation hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 flood insurance if the total cost of insurable construction (identification and protection of historic properties), and and acquisition is$10,000 or more. the Archaeological and Historic Preservation Act of 1974(16 U.S.C.§§469a-1 et seq.). 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of 18. Will cause to be performed the required financial and environmental quality control measures under the compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No.A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations,and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE ) /11/1 Chairperson APPLICANT 0 ANIZATI DATE SUBMITTED j r Collier County Board of County Commissioners (CDBG) LAVA-� dc�j (%2002 SF-424D(Rev.7-97)Back ATTEST Approved as to form and legality CRYSTAL K.KINZEL,CLERK V.,..}.....52z___ \ BY: 6.1.4.t.( 'LUO.A L Assistant County Attorney S� l60 OMB Number:4040-0004 Expiration Date:12/31/2022 Application for Federal Assistance SF-424 *1.Type of Submission: *2.Type of Application: *If Revision,select appropriate letter(s): Preapplication ®New Application 111 Continuation *Other(Specify): Changed/Corrected Application n Revision *3.Date Received: 4.Applicant Identifier: 05/07/2021 B-21-UC-120016 5a.Federal Entity Identifier: 5b.Federal Award Identifier: U.S. Department of HUD CDBG - Entitlement State Use Only: 6.Date Received by State: 7.State Application Identifier: 8.APPLICANT INFORMATION: *a.Legal Name: Collier County Board of County Commissioners *b.Employer/Taxpayer Identification Number(EINfTIN): *c.Organizational DUNS: 59-6000558 0769977900000 d.Address: *Streetl: 3339 Tamiami Trail East Street2: Public Services Division Suite 211 *City: Naples County/Parish: Collier *State: FL: Florida Province: *Country: USA: UNITED STATES *Zip/Postal Code: 34112-5361 e.Organizational Unit: Department Name: Division Name: Public Services Community and Human Services f.Name and contact information of person to be contacted on matters involving this application: Prefix: Ms. *First Name: Kristi Middle Name: *Last Name: ISonntag Suffix: Title: Director, Community and Human Services Organizational Affiliation: *Telephone Number: 239-252-2486 Fax Number: 239-252-2638 *Email: kristi.sonntag@colliercountyfl.gov • I 6 0 7 Application for Federal Assistance SF-424 *9.Type of Applicant 1:Select Applicant Type: B: County Government Type of Applicant 2:Select Applicant Type: Type of Applicant 3:Select Applicant Type: *Other(specify): *10.Name of Federal Agency: U.S. Department of Housing and Urban Development 11.Catalog of Federal Domestic Assistance Number: 14-218 CFDA Title: Entitlement Grant - Community Development Block Grant *12.Funding Opportunity Number: FR-6200-N-01 *Title: General; Section to HUD's Fiscal Year 2021 Notice of Funding Availability for Discretionary Programs (General Section) 13.Competition Identification Number: N/A Title: N/A 14.Areas Affected by Project(Cities,Counties,States,etc.): Add Attachment Delete Attachment View Attachment *15.Descriptive Title of Applicant's Project: Community Development Block Grant Program and Administrative Activities - Countywide Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments View Attachments i6 7 - Application for Federal Assistance SF-424 16.Congressional Districts Of: *a.Applicant 14, 25 *b.Program/Project 14, 25 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachment View Attachment 17.Proposed Project: *a.Start Date: 10/01/2021 *b.End Date: 09/30/2022 18.Estimated Funding($): *a.Federal 2,744,274.00 *b.Applicant *c.State *d.Local *e.Other *f. Program Income 20,000.00 *g.TOTAL 2,764,274.00 *19.Is Application Subject to Review By State Under Executive Order 12372 Process? a.This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. Z c. Program is not covered by E.O. 12372. *20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.) fYes ®No If"Yes",provide explanation and attach Add Attachment Delete Attachment View Attachment 21.*By signing this application, I certify (1)to the statements contained in the list of certifications**and (2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) **I AGREE **The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Ms. *First Name: Penny Middle Name: *Last Name: Taylor Suffix: *Title: chairperson *Telephone Number: 239-252-8603 Fax Number: *Email: Penny.Taylor6Co 11i r,.l�ountyFL.Gay *Signature of Authorized Uepresentative: *Date Signed: MAXIM ATTEST Approved as to form and legalit CRYSTAL K.HIE" CLE �� f 6 El 7 OMB Number:4040-0004 Expiration Date:12/31/2022 Application for Federal Assistance SF-424 *1.Type of Submission: *2.Type of Application: *If Revision,select appropriate letter(s): Preapplication ®New ®Application El Continuation "Other(Specify): Changed/Corrected Application El Revision *3.Date Received: 4.Applicant Identifier: 05/07/2021 E-21-UC-12-0016 5a.Federal Entity Identifier: 5b.Federal Award Identifier: U.S. Department of HUD ESG - Entitlement State Use Only: 6.Date Received by State: 7.State Application Identifier: 8.APPLICANT INFORMATION: *a.Legal Name: Collier County Board of County Commissioners *b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS: 59-6000558 0769977900000 d.Address: *Streetl: 3339 Tamiami Trail East Street2: Public Services Division Suite 211 *City: Naples County/Parish: Collier *State: FL: Florida Province: *Country: USA: UNITED STATES *Zip/Postal Code: 34112-5361 e.Organizational Unit: Department Name: Division Name: Public Services Community and Human Services f.Name and contact information of person to be contacted on matters involving this application: Prefix: Ms. *First Name: Kristi Middle Name: *Last Name: Sonntag Suffix: Title: Director, Community and Human Services Organizational Affiliation: *Telephone Number: 239-252-2486 Fax Number: 239-252-2638 *Email: kristi.sonntag@colliercountyfl.gov l607 Application for Federal Assistance SF-424 *9.Type of Applicant 1:Select Applicant Type: B: County Government Type of Applicant 2:Select Applicant Type: Type of Applicant 3:Select Applicant Type: *Other(specify): *10.Name of Federal Agency: U.S. Department of Housing and Urban Development 11.Catalog of Federal Domestic Assistance Number: 14-231 CFDA Title: Entitlement Grant - Emergency Solutions Grants *12.Funding Opportunity Number: FR-6200-N-01 *Title: General; Section to HUD Fiscal Year 2021 Notice of Funding Availability for Discretionary Programs (General Section) 13.Competition Identification Number: N/A Title: N/A 14.Areas Affected by Project(Cities,Counties,States,etc.): Add Attachment Delete Attachment View Attachment *15.Descriptive Title of Applicant's Project: Emergency Solutions Grants and Administrative Activities - Countywide Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments View Attachments I6D7 Application for Federal Assistance SF-424 16.Congressional Districts Of: *a.Applicant 14, 25 *b.Program/Project 14, 25 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachment View Attachment 17.Proposed Project: *a.Start Date: 10/01/2021 *b.End Date: 09/30/2022 18.Estimated Funding($): *a.Federal 217,796.00 *b.Applicant *c.State *d.Local *e.Other *f. Program Income *g.TOTAL 217,796.00 *19.Is Application Subject to Review By State Under Executive Order 12372 Process? • a.This application was made available to the State under the Executive Order 12372 Process for review on ❑ b.Program is subject to E.O.12372 but has not been selected by the State for review. ® c.Program is not covered by E.O.12372. *20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.) Yes ®No If"Yes",provide explanation and attach Add Attachment Delete Attachment View Attachment 21.*By signing this application,I certify(1)to the statements contained in the list of certifications**and (2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) • **I AGREE **The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Ms. *First Name: Penny Middle Name: *Last Name: Taylor Suffix: *Title: Chairperson *Telephone Number: 239-252-8603 Fax Number: *Email: penny.Taylor@CollierCountyFL.Gov *Signature of Authorized Representative: *Date rq"--7-4 pproved as to form arid legality ATTEST CRYSTAL K.KINZEL,CLERK 1> � l BY: Ass t County Attorn �\ I607 OMB Approval No.0348-0042 ASSURANCES -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed (including funds sufficient to pay the non-Federal share standards for merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of the project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R.900, Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate, the State, Prevention Act (42 U.S.C. §§4801 et seq.) which through any authorized representative, access to and prohibits the use of lead-based paint in construction or the right to examine all records, books, papers, or rehabilitation of residence structures. documents related to the assistance; and will establish a proper accounting system in accordance with 10. Will comply with all Federal statutes relating to non- generally accepted accounting standards or agency discrimination. These include but are not limited to: (a) directives. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, 3. Will not dispose of, modify the use of, or change the color or national origin; (b) Title IX of the Education terms of the real property title, or other interest in the Amendments of 1972, as amended (20 U.S.C. §§1681- site and facilities without permission and instructions 1683, and 1685-1686), which prohibits discrimination from the awarding agency. Will record the Federal on the basis of sex; (c) Section 504 of the interest in the title of real property in accordance with Rehabilitation Act of 1973, as amended (29 U.S.C. awarding agency directives and will include a covenant §794), which prohibits discrimination on the basis of in the title of real property aquired in whole or in part handicaps; (d) the Age Discrimination Act of 1975, as with Federal assistance funds to assure non- amended (42 U.S.C. §§6101-6107), which prohibits discrimination during the useful life of the project. discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as 4. Will comply with the requirements of the assistance amended, relating to nondiscrimination on the basis of awarding agency with regard to the drafting, review and drug abuse; (f) the Comprehensive Alcohol Abuse and approval of construction plans and specifications. Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to 5, Will provide and maintain competent and adequate nondiscrimination on the basis of alcohol abuse or engineering supervision at the construction site to alcoholism; (g) §§523 and 527 of the Public Health ensure that the complete work conforms with the Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- approved plans and specifications and will furnish 3), as amended, relating to confidentiality of alcohol progress reports and such other information as may be and drug abuse patient records; (h) Title VIII of the required by the assistance awarding agency or State. Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, 6. Will initiate and complete the work within the applicable rental or financing of housing; (i) any other time frame after receipt of approval of the awarding nondiscrimination provisions in the specific statute(s) agency. under which application for Federal assistance is being made; and, (j) the requirements of any other 7. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the using their positions for a purpose that constitutes or application. presents the appearance of personal or organizational conflict of interest,or personal gain. Standard Form 424D(Rev.7-97) Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102 i607 11. Will comply, or has already complied, with the National Environmental Policy Act of 1969 (P.L. 91- requirements of Titles II and III of the Uniform Relocation 190) and Executive Order (EO) 11514; (b) notification Assistance and Real Property Acquisition Policies Act of of violating facilities pursuant to EO 11738; (c) 1970 (P.L. 91-646) which provide for fair and equitable protection of wetlands pursuant to EO 11990; (d) treatment of persons displaced or whose property is evaluation of flood hazards in floodplains in accordance acquired as a result of Federal and federally-assisted with EO 11988; (e) assurance of project consistency programs. These requirements apply to all interests in real with the approved State management program property acquired for project purposes regardless of developed under the Coastal Zone Management Act of Federal participation in purchases. 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation 12. Will comply with the provisions of the Hatch Act (5 U.S.C. Plans under Section 176(c) of the Clean Air Act of §§1501-1508 and 7324-7328) which limit the political 1955, as amended (42 U.S.C. §§7401 et seq.); (g) activities of employees whose principal employment protection of underground sources of drinking water activities are funded in whole or in part with Federal funds. under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of 13. Will comply, as applicable,with the provisions of the Davis- endangered species under the Endangered Species Act Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act of 1973, as amended (P.L.93-205). (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 16. Will comply with the Wild and Scenic Rivers Act of 333) regarding labor standards for federally-assisted 1968 (16 U.S.C. §§1271 et seq.) related to protecting construction subagreements. components or potential components of the national wild and scenic rivers system. 14. Will comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance (P.L. 93-234) which requires recipients in a special flood with Section 106 of the National Historic Preservation hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 flood insurance if the total cost of insurable construction (identification and protection of historic properties), and and acquisition is$10,000 or more. the Archaeological and Historic Preservation Act of 1974(16 U.S.C.§§469a-1 et seq.). 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of 18. Will cause to be performed the required financial and environmental quality control measures under the compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations,and policies governing this program. SIGNATU E OF AUTHORIZED CERTIFYING OFFICIAL TITLE Chairperson APPLICANT ORGA IZATION DATE SUBMITTED Collier County Board of County Commissioners (HOME) 07:2 ar--) Approved as to form and legality 24D(Rev.7-97)Back ATTEST CRYSTAL K.KINZEL,CLERK � 1` BY: As nt County Attorney 116\ V 0 OMB Number:4040-0004 Expiration Date:12/31/2022 Application for Federal Assistance SF-424 *1.Type of Submission: *2.Type of Application: "If Revision,select appropriate letter(s): Preapplication ®New ®Application El Continuation *Other(Specify): Changed/Corrected Application Revision *3.Date Received: 4.Applicant Identifier: 05/07/2021 M-21-UC-12-0217 5a.Federal Entity Identifier: 5b.Federal Award Identifier: U.S. Department of HUD HOME - Entitlement State Use Only: 6.Date Received by State: 7.State Application Identifier: 8.APPLICANT INFORMATION: *a.Legal Name: Collier County Board of County Commissioners *b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS: 59-6000558 0769977900000 d.Address: *Streetl: 3339 Tamiami Trail East Streetl: Public Services Division Suite 211 *City: Naples County/Parish: Collier *State: FL: Florida Province: *Country: USA: UNITED STATES *Zip/Postal Code: 34112-5361 e.Organizational Unit: Department Name: Division Name: Public Services Community and Human Services f.Name and contact information of person to be contacted on matters involving this application: Prefix: Ms. *First Name: Kristi Middle Name: *Last Name: Sonntag Suffix: Title: Director, Community and Human Services Organizational Affiliation: *Telephone Number: /239-252-2486 Fax Number: 239-252-2638 *Email: kristi.sonntag@colliercountyfl.gov lbD7 ' Application for Federal Assistance SF-424 *9.Type of Applicant 1:Select Applicant Type: B: County Government Type of Applicant 2:Select Applicant Type: Type of Applicant 3:Select Applicant Type: *Other(specify): *10.Name of Federal Agency: U.S. Department of Housing and Urban Development 11.Catalog of Federal Domestic Assistance Number: 14-239 CFDA Title: Entitlement Grant - HOME Investment Partnerships *12.Funding Opportunity Number: FR-6200-N-01 *Title: General; Section to HUD's Fiscal Year 2021 Notice of Funding Availability for Discretionary Programs (General Section) 13.Competition Identification Number: N/A Title: N/A 14.Areas Affected by Project(Cities,Counties,States,etc.): Add Attachment Delete Attachment View Attachment *15.Descriptive Title of Applicant's Project: HOME Investment Partnerships and Administrative Activities - Countywide Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments View Attachments l607 Application for Federal Assistance SF-424 16.Congressional Districts Of: *a.Applicant 14, 25 *b.Program/Project 14, 25 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachment View Attachment 17.Proposed Project: *a.Start Date: 10/01/2021 *b.End Date: 09/30/2022 18.Estimated Funding($): *a.Federal 753,000.00 *b.Applicant *c.State *d.Local *e.Other ( 1 *f. Program Income 31,571.00 *g.TOTAL 784,571.00 *19.Is Application Subject to Review By State Under Executive Order 12372 Process? • a.This application was made available to the State under the Executive Order 12372 Process for review on • ❑ b.Program is subject to E.O.12372 but has not been selected by the State for review. ® c.Program is not covered by E.O.12372. *20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.) Yes ®No If"Yes",provide explanation and attach Add Attachment Delete Attachment View Attachment 21.*By signing this application,I certify(1)to the statements contained in the list of certifications**and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) ® **I AGREE **The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Ms. *First Name: Penny Middle Name: *Last Name: Taylor Suffix: *Title: Chairperson *Telephone Number: 239-252-8603 Fax Number: *Email: penny.Taylor@GollierCountyFL.Gov *Signature of Authorized Representative. *Date Signed:4 , roved as to Pnrmand legality ,\T EST CRYSTAL K.KINZEL,CLERK -%`'�,•� BY: Assistant County Att 41` star►abur. Y. 1617 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing--The jurisdiction will affirmatively further fair housing. Uniform Relocation Act and Anti-displacement and Relocation Plan--It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended,(42 U.S.C.4601-4655)and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti-Lobbying--To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of it,to any person for influencing or attempting to influence an 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; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions;and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under grants,loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction--The consolidated plan is authorized under State and local law(as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan--The housing activities to be undertaken with Community Development Block Grant,HOME,Emergency Solutions Grant,and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3--It will comply with section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701 and implementing regulations at 24 CFR Part 135. � I�I ATTEST $` Signature f uthori Official Da CRYSTAI;II .'l ZEL,CLERK- I3Y: (1 ' 4 Chairperson S esata.0 1 . Title Approved as to fo andlegs it ' A nt County ey .>•\ V 1) Specific Community Development Block Grant Certifications The Entitlement Community certifies that: Citizen Participation--It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan--Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program(i.e.,the development of viable urban communities,by providing decent housing and expanding economic opportunities,primarily for persons of low and moderate income)and requirements of 24 CFR Parts 91 and 570. Following a Plan--It is following a current consolidated plan that has been approved by HUD. Use of Funds--It has complied with the following criteria: 1.Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds,it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low-and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community,and other financial resources are not available(see Optional CDBG Certification). 2. Overall Benefit. The aggregate use of CDBG funds,including Section 108 guaranteed loans, during program year(s)2021 [a period specified by the grantee of one,two,or three specific consecutive program years],shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds,including Section 108 loan guaranteed funds,by assessing any amount against properties owned and occupied by persons of low and moderate income,including any fee charged or assessment made as a condition of obtaining access to such public improvements. However,if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements(assisted in part with CDBG funds)financed from other revenue sources,an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition,in the case of properties owned and occupied by moderate-income(not low-income) families,an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force--It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. ; i6Q7 Compliance with Anti-discrimination laws--The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d)and the Fair Housing Act(42 U.S.C. 3601-3619) and implementing regulations. Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A,B,J,K and R. Compliance with Laws--It will comply with applicable laws. Cr,[9.)-1 a_l Signature of Aut ized Off 'al 41 Date Chairman Title ATTEST Approved as to form and legality CRYiSTAL,K.KINZEL,CLERK BYi., ,QG Assistant County 1Cy r� a i 5 t4 t13i1T111T1'S a\ti `tigt tore. niy. a e I 6 E 7r Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance--If it plans to provide tenant-based rental assistance,the tenant-based rental assistance is an essential element of its consolidated plan. Eligible Activities and Costs--It is using and will use HOME funds for eligible activities and costs,as described in 24 CFR§§92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities,as described in§92.214. Subsidy layering--Before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; &faai A Signature of horized icial Date Chairman Title Approved as to form and legality ATTEST CRYSTAL K.KINZEL,CLERK BY' 2.. _ Assis nt County Attom . 3? t*., o Cfra an's S\ - ignattdr Illy, .4•1)' ' , l6 7 Emergency Solutions Grants Certifications The Emergency Solutions Grants Program recipient certifies that: Major rehabilitation/conversion/renovation—If an emergency shelter's rehabilitation costs exceed 75 percent of the value of the building before rehabilitation,the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed rehabilitation. If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion,the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed conversion. In all other cases where ESG funds are used for renovation,the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 3 years after the date the building is first occupied by a homeless individual or family after the completed renovation. Essential Services and Operating Costs—In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter,the recipient will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure, so long the recipient serves the same type of persons(e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence)or persons in the same geographic area. Renovation—Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services—The recipient will assist homeless individuals in obtaining permanent housing, appropriate supportive services(including medical and mental health treatment,victim services, counseling,supervision,and other services essential for achieving independent living), and other Federal State, local,and private assistance available for these individuals. Matching Funds—The recipient will obtain matching amounts required under 24 CFR 576.201. Confidentiality—The recipient has established and is implementing procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement—To the maximum extent practicable,the recipient will involve, through employment,volunteer services,or otherwise,homeless individuals and families in constructing, renovating,maintaining,and operating facilities assisted under the ESG program, in providing services assisted under the ESG program, and in providing services for occupants of facilities assisted under the program. Consolidated Plan—All activities the recipient undertakes with assistance under ESG are consistent with its consolidated plan. i fl 7 Discharge Policy—The recipient will establish and implement,to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care(such as health care facilities,mental health facilities,foster care or other youth facilities, or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness for these persons. ___442_21 SignAzed(NileDate Chairman Title ATTEST Approved as to form and icgali1 CRYSTAL K.KINZEL,CLERK BY Assistant County Akrncv ,,�J►/ t as 0' cav 0,\ 11 signature g4 5\ 16 ® 7 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. I6D7 FAIN# B-21-UC-12-0016 _ Federal Award Date EST. 10/2021 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $183,676 Funds Awarded Subrecipient Name City of Naples DUNS# 084130293 FEIN 59-6000382 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2021 —04/30/2023 Fiscal Year End 09/30 _ Monitor End: 04/30/2028 AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES CDBG Grant Program-- Construction THIS AGREEMENT is made and entered into this :1,it- day of „y. 20A, by and between Collier County, a political subdivision of the State of Florida, (COUNTY)`having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and City of Naples (SUBRECIPIENT), a governmental organization having its principal office at 735 8th Street South Naples,FL 34102-1401 . WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG Program with Resolution 2021- on June 22,2021 —Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual Action Plan, on May 1, 2021, with a 30-day Citizen Comment period from May 1, 2021 to June 1, 2021; and WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and CITY OF NAPLES CD21-02 Street Lighting 1 I6f7- WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project—(CD21-02)City of Naples . NOW,THEREFORE, in consideration of the mutual benefits contained herein,it is agreed by the Parties 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 CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: City of Naples Street Lighting Description of project and outcome: To provide safe and secure lighting for it's residents,the City of Naples is updating it's street lighting in the Riverside location. Project Component One: Purchase and install street lighting with updated wiring for increased safety along public sidewalks in Riverside The property will be deed restricted for five(5)years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505,if applicable. 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 project excluding Public Service projects. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: • Affirmative Fair Housing Policy • Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy • Procurement Policy • Uniform Relocation Act Policy • Sexual Harassment Policy • Section 3 Policy Section 504/ADA Policy • Fraud, Waste, and Abuse Policy CITY OF NAPLES CD21-02 Street Lighting 2 1, 1 6 D 7 • Language Assistance and Planning Policy(LAP) • Violence Against Women Act(VAWA)Policy • LGBTQ Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training— SUBRECIPIENTS with Open Agreement(s) with COUNTY: All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training,relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days,prior to the training. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Purchase and install street lighting with updated wiring for $183,676 increased safety along public sidewalks in Riverside Total Federal Funds: $183,676 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain beneficiary income certification documentation,and provide to the COUNTY as requested • Maintain and provide National Objective Documentation • Provide Quarterly Reports on National Objective and project progress Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS • Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings,prior to SUBBRECIPIENT issuance of Notice to Proceed(NTP) Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation • Identify Lead Project Manager ▪ Provide Site Design and Specifications CITY OF NAPLES CD21-02 Street Lighting 3 = r. l6D7 = Comply with Davis-Bacon Labor Standards ® Comply with Section 3 and maintain documentation Provide certified payroll weekly throughout construction and rehabilitation Comply with Uniform Relocation Act(URA),if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ® Ensure the applicable continued use period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ® LMA—Low/Mod Area Benefit ❑ LMC—Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate- income persons or households, in order to meet a CDBG National Objective.Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households.Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) Agreement Agreement execution Insurance Insurance Certificate Within 30 days of Agreement execution and Annually within thirty(30) days of renewal CITY OF NAPLES CD21-02 Street Lighting 4 I6D7 Detailed Project Schedule Project Schedule Within sixty(60)days of Agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Subcontractor Log Subcontractor Log Initially at construction start, and quarterly thereafter Progress Report Exhibit C Quarterly reports. Annually after closeout. Section 3 Report Quarterly report of new hire Quarterly;within 10 days information following the end of the quarter. Annually after closeout. Davis-Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following Payroll reports,forms, and supporting issuance of payroll checks documentation Annual Audit Monitoring Exhibit E Annually,within 60 days after Report then end of the FY end Financial and Compliance Audit Audit,Management Letter, and Annually: nine(9)months after Supporting Documentation FY end for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit, if Annually;for five(5)years after applicable meeting the National Objective Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion of construction.Annually through the period of continued use Program Income Reuse Plan Plan Approved by the COUNTY N/A D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Purchase Submission of supporting documents Submission of and install street lighting with must be provided as backup, as evidenced monthly invoices due updated wiring for increased by invoices,receipts, completed AIA by the 10th of the safety along public sidewalks in G702-1992 form or equivalent document month for prior month Riverside per contractor's Schedule of Values, services/activities. check stubs,bank statements,copy of permits, and any other additional documentation as requested. 10% retainage will be held until monitoring clearance. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective.Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on Octoberl, 2021 and shall end on April 30, 2023. CITY OF NAPLES CD21-02 Street Lighting 5 16D7 The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement.Extensions must be authorized,in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED EIGHTY THREE THOUSAND SIX HUNDRED SEVENTY SIX ($183,676) for use by the SUBRECIPIENT, during the term of the Agreement(hereinafter, shall be referred to as the"Funds"). Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners(Board)approval. The COUNTY shall reimburse 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 CDBG funds until funds are needed for eligible costs;and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during that month,or if SUBRECIPIENT is not yet prepared to send the required backup,a$0 invoice is required.Explanations may 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 after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." CITY OF NAPLES CD21-02 Street Lighting 6 J• 16D ` 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles)of the 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 may only incur direct costs that may be attributed specifically to the project(s)referenced above,as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rachel Hansen, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: rachel.hansenc colliercountyfl.gov Telephone: (239)252-6141 SUBRECIPIENT ATTENTION: Felix Gomez, Bids and Grants Coordinator City of Naples 735 8`h Street South Naples, Florida 34102 Email: fgomez@naplesgov.com Telephone: (239)213-7101 CITY OF NAPLES CD21-02 Street Lighting 7 l6D7 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, SUBRECIPIENT shall make available for review, inspection, or audit all records,documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 The determination of Federal Award amounts 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 570.506, to determine compliance with the requirements of this Agreement,the CDBG Program,and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail 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. CITY OF NAPLES CD21-02 Street Lighting 8 1bDT 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, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334. However, if any litigation, claim, or audit is started before the expiration date of the three (3)year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of this Agreement,the COUNTY shall be informed, in writing, of the address where the records are to be kept,as outlined in 2 CFR 200.337. The SUBRECIPIENT shall 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 exempt or confidential public records that are exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF 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 239-252-6832, Michael.Cox(a,colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how compliance with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has been received were accomlished.This includes special requirements,such as necessary and appropriate determinations as defined in 24 CFR 570.208,income certification,and written agreements with beneficiaries,where applicable. CITY OF NAPLES CD21-02 Street Lighting 9 I 6 0 H. 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 Chapter 119,Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. 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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS,Agreement suspension or termination procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and • CITY OF NAPLES CD21-02 Street Lighting 10 1607 other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with 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 fraud,waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement.Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by CITY OF NAPLES CD21-02 Street Lighting 11 607 certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,to be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No.2013- 228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April,July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT 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,which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee if the 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. CITY OF NAPLES CD21-02 Street Lighting 12 ! 6D7 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that(1) SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the federal procurement process; and (4) for Developers, revenue generated is not considered program income.The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable 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 funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY 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 from the COUNTY. 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 Board. 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, available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to CITY OF NAPLES CD21-02 Street Lighting 13 6 D 7 be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds,or the reduction of funds awarded by HUD to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event,the COUNTY may terminate this Agreement,which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold harmless the 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'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 there- on. 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 COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships,research reports,and similar public notices,whether printed CITY OF NAPLES CD21-02 Street Lighting 14 r' ! 6D7 or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may 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,in the case of a partial termination,if the COUNTY determines 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.This Agreement may also be terminated by the COUNTY,if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200,Appendix II(A): A. SUBRECIPIENT's 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. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. CITY OF NAPLES CD21-02 Street Lighting 15 l6D7 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, in compliance with 2 CFR 200, Appendix II(B): 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 SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction,as outlined in Executive Orders 12549(1986)and 12689(1989), Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). CITY OF NAPLES CD21-02 Street Lighting 16 I 6 D 7 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS 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, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant(24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327)and Collier County's Procurement Ordinance#2017-08,as amended. Current purchasing thresholds are: Range: Competition Required $0-$50,000 3 Written Quotes $50,001+ Formal Solicitation(ITB, RFP, etc.) In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase,acquisition,or use of goods,products,or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion,per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion,per 2 CFR 200,Appendix II(J)and 2 CFR 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS,which shall have access to all records and documents related to the Project. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated.However, if Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the CITY OF NAPLES CD21-02 Street Lighting r 17 l6D7 ' SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program,for further reallocation. Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated, or otherwise improved with CDBG funds are subject to this requirement. This includes parks, libraries, community centers, and any other facility whose primary purpose is a public one.For these facilities,Program Income is the income generated by the use of the facility, less the operating costs associated with generating the income. The COUNTY considers utilities, property insurance, and facility maintenance to be operating costs that should be subtracted from revenue to determine net program income. For each funded project, the SUBRECIPIENT must submit to the COUNTY for approval, a list of proposed costs incidental to the generation of the program income. Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part,with CDBG funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208, during the continued use period as referenced in section 3.14 (Grant Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of, or improvement to,the property under the terms of this Agreement. Such payment shall constitute program income to the COUNTY. 3.15 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 five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction documentation. Activities during this closeout period shall include, but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records.In addition to the records retention outlined in Part 2.2,the SUBRECIPIENT shall comply with Section 119.021,Florida Statutes,regarding records maintenance,preservation,and retention. A conflict between state and federal records retention law requirements will result in the more CITY OF NAPLES CD21-02 Street Lighting 18 � 6D7 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 exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 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 based on 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. In addition, to the greatest extent feasible, 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. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority 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 that is 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 women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons, or presumed to be low- to moderate- income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household.This Agreement conforms to the defmition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. CITY OF NAPLES CD21-02 Street Lighting 19 ! bD7 If the project is located in an entitlement city as defined by HUD, or serves beneficiaries countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action Program will need to be updated throughout the continued use period and must be submitted to the COUNTY within 60 days of any update/modification. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement,and that no person having any conflict of interest shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person,or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable.Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, 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. 3.21 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal CITY OF NAPLES CD21-02 Street Lighting 20 i6D7 funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement. Contractors who apply or bid for an award of$100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion,and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion, and will not limit such services or give preference to persons based on 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 it does not use direct CDBG funds to support any inherently religious activities, such as worship,religious instruction, or proselytizing. D. The funds shall not be used for the acquisition,construction,or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.24 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. CITY OF NAPLES CD21-02 Street Lighting 21 i6D7 3.25 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represents and warrants that the financial data,reports,and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agrement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida,without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state,and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the DIVISION. Electronic Signatures. This Agreement,and related documents entered into in connection with this Agreement are signed when a parry's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank CITY OF NAPLES CD21-02 Street Lighting 22 � 6 7 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24efr570 main_02.tpl 4.2 24 CFR 58- The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5 4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://www.hud.gov/program offices/commplanning/communitydevelopment/rulesandregs/law s/sec5309 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF https://www justice.gov/crt/fair-housing-act-1 Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.htm l Executive Order 11259- Leadership& Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 -Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC §2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.hud.gov/programdescription/title6 CITY OF NAPLES CD21-02 Street Lighting 23 I 6 13 7 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that,to the greatest extent feasible, opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr 13 5_main_02.tp l CITY OF NAPLES CD21-02 Street Lighting 24 II 6 7' 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.htm1 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.htm1 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 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 https://www.law.cornell.edu/cfr/text/29/part-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) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/indexphp?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or CITY OF NAPLES CD21-02 Street Lighting 25 I +6D 7 subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010- title 18.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.17 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.archives.gov/federal-register/cod ification/executive-order/11625.htm l 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act(HCDA)are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3 f8eaa991 f0411 f3 83b74003 bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5 70 1607 E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 4.20 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2efr200 main 02.tpl 4.21 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into a contract(or extend or renew a contract)to procure or obtain equipments, services,or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.22 Immigration Reform and Control Act of 1986 https://www.eeoc.govieeoc/history/35th/thelaw/irca.html 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 CITY OF NAPLES CD21-02 Street Lighting 26 1 6D7 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- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter 112_part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 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 that 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 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 adjudicated in Collier County,Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.27 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/html/U SCODE-2010-tit1e42-chap85.htm https://www.law.cornell.edu/us code/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-tit1e33/pdf/USCODE-2011-tit1e33- chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 CITY OF NAPLES CD21-02 Street Lighting 27 I6D7 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained.If appropriate, a letter of map amendment(LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.corneftedu/cfr/text/24/570.605 4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vo13/CFR-2000-title24-vo13-sec570-608-id 163 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. https://www.nps.gov/history/local-law/nhpa1966.htm https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf 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. https://www.nps.gov/histoty/local-law/nhpa1966.htrn 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.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title41-chap 10- sec701 4.32 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-register/codification/executive-order/12549.htm l 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 CITY OF NAPLES CD21-02 Street Lighting 28 ! D7 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 200.345, 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. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200_1344&rgn=div8 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 CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol 1/CFR-1999-title49-vol l-sec24-101 https://www.govinfo.gov/app/details/CFR-2012-tit1e24-vo13/CFR-2012-tit1e24-vo13-sec570-505 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. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR L=0200-0299/02 87/Sections/02 87.13 3.htm 1 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 Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. CITY OF NAPLES CD21-02 Street Lighting 29 16D7 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. https://vvww.gsa.gov/portal/content/104877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs,per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24jart5_subpartA section5.106 4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined in §5.100,required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.cornell.edu/cfr/textl24/5.111 4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity,or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11/16/2016-25 888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfmn?App mode=Display Statute&URL=0400- 0499/0448/0448.html 4.44 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0700- 0799/0713/0713.html 4.45 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.46 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html CITY OF NAPLES CD21-02 Street Lighting 30 lbD7 4.47 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.50 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization 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 obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.51 False Claim;Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.52 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be CITY OF NAPLES CD21-02 Street Lighting 31 l6D7 ° utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 4.54 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries,without the express prior written approval of OJP. 4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental,or research work under this funding agreement,the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt3 7.1.401&r =PART&ty=HTML (Signature Page to Follow) CITY OF NAPLES CD21-02 Street Lighting 32 I 6 D 7 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY,have each respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: - ' BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL, CLERK COLLIER COUNTY,FLORIDA g' / unatti, ,.,a st Chad !-lip Clerk PENNY TAYL , CHA ERSON 1ipture only, Date: CO k Z 2 1 4 V CITY OF NAPLES Dated: i Lq uk . -393 l (SEAL) B TERESA IEITMANN, YOR I--I Date: l 212°Z.1 Approved as to form and legality: Appr o form and legality _i N (� Cam _ Jennifer A elpedio t 'L NA► c4 imp a i Assistant County Attorney 17'\�1\ City Atto ey S (� Z 2 \a Date: Date: Attest✓-) Patricia E, Rambosk, City tC erk Date: 7374 r . CITY OF NAPLES CD21-02 Street Lighting 33 607 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County,do 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: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2)years after the certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under CITY OF NAPLES CD21-02 Street Lighting 34 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 Agreement: 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 Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. CITY OF NAPLES CD21-02 Street Lighting 35 I6f7 EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: City of Naples SUBRECIPIENT Address: 735 8th Street South Naples, Florida 34102 Project Name: Riverside—Street Lighting Project Project No: CD21-02_ Payment Request# Total Payment Minus Retainage Period of Availability: _through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3.Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request)(includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required$15,000 and Division Director(Approval Required above) $15,000 and above) CITY OF NAPLES CD21-02 Street Lighting 36 I6D7 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System(IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten(10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: City of Naples Date: Project Title: Riverside Street Lighting Project IDIS#: Program Contact: Felix Gomez Telephone Number: 239-213-7101 Activity Reporting Period Report Due Date October 1st—December 31st January 10th January 1st—March 31st April 10th April 1st—June 30th July 10th July 1st—September 30th October 10th REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/21 3/31/22 6/30/22 9/30/22 Please note: The HUD Program year begins October 1,2021—September 30,2022.Each quarterly report must include cumulative data beginning from the start of the program year October 1,2021. 1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1,2021. a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement Outcome 1: Install 20 street lights,including upgraded wiring Outcome 2: Meet the National Objective Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Meet the National Objective Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑ If No,Explain: 3. Since October 1,2021;of the persons assisted,how many... Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ Funds CITY OF NAPLES CD21-02 Street Lighting 37 l6D7 5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if applicable? Answer question 5a or 5b;NOT both For LMC activities: people,race/ethnicity,and income data are reported by persons. For LMH activities: households,race/ethnicity,and income level are reported by households,regardless the number of persons in the household. a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0 (LMC) Quarter Total No.of Persons 0 Quarter Total No.of Persons 0 b. Total No.of Households served 0 Total No.of female head of household 0 (LMH) 6. What is the total number of UNDUPLICATED clients served since October,if applicable? Answer question 6a or 6b,NOT both For LMC activities:race/ethnicity and income data are reported by persons. a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0 (LMC) YTD Total: 0 YTD Total 0 b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8,NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC)Quarter (LMC)YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this quarter who fall into each presumed benefit persons served since October 1 who fall into each category(the total should equal the total in question#6a presumed benefit category(the total should equal the or 6b): total in question#6a or 6b): a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into (the total should equal the total in question#6): each income category(the total should equal the total in question#6): CITY OF NAPLES CD21-02 Street Lighting 38 ! 6f a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0 Income(0-30%) LI Low Income(31-50%) 0 LI Low Income 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income 0 (51-80%) NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0 Income(>80%) Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area(LMA)? YES NO Was project completed this quarter? YES NO Ifyes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage Beneficiaries 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial&Ethnic Data(if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October(YTD)fall into each race category.In category.In addition to each race category,please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.) question 6.) a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African American&White 0 0 Black/African American& 0 0 White American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0 Black/African American Native&Black/African American Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature CITY OF NAPLES CD21-02 Street Lighting 39 Q 7 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 0 .06%)and enter results in B(c),otherwise leave blank. B(c) CITY OF NAPLES CD21-02 Street Lighting 40 16137 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses,and greater of overtime) box B(b) or 1 box B(c), 2 above, in 3 box C(e) 4 below) 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief,and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under Section 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 CITY OF NAPLES CD21-02 Street Lighting 41 l607 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50`i' of the Very Low Income (60 percent of VLI)percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). (l 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 on the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County,Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age American Native Other Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+ Other Pac. Islander Hispanic Non- Hispanic NOTE:Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. CITY OF NAPLES CD21-02 Street Lighting 42 t607 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient City of Naples Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) 10/01/2020 09/30/2021 Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been ❑ met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above n ❑ Are a for-profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. 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 Print Name and Title 06/18 CITY OF NAPLES CD21-02 Street Lighting 43 16D7' FAIN # M-19-UC-12-0217 M-20-UC-12-0217 Federal Award Date September 12, 2019 and January 25, 2021 Federal Award Agency HUD CFDA Name Home Investment Partnerships (HOME) CFDA/CSFA# 14.239 Total Amount of $100,000 Federal Funds Awarded Subrecipient Name Collier County Hunger& Homeless Coalition, Inc. DUNS# 150713423 FEIN 04-3610154 R&D No Indirect Cost Rate No Period of Performance October I, 2021 — September 30, 2022 Fiscal Year End 12/3 l Monitor End: 12/22 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER& HOMELESS COALITION, INC. Tenant Based Rental Assistance(TBRA) THIS AGREEMENT is made and entered into this day of. ' , 2021by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and COLLIER COUNTY HUNGER & HOMELESS COALITION, INC. (SUBRECIPIENT) a private not-for-profit corporationexisting under the laws of the State of Florida, having its principal office at 1791 Trade Center Way, Suite D, Naples, FL 34109. 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(Board)approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Years 2019-2020 and 2020-2021 for the HOME Program on June 25, 2019,Agenda Item 16.D.2 and June 23,2020,Agenda Item I l.J.;and WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2019-2020 and 2020 and 2021 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 CCI IHC H B12 I-01 Tenant Based Rental Assistance(TI31tA) Page I (C1-6D 16137 WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile County purpose. NOW,THEREFORE,in consideration of the mutual covenants and obligations herein contained, the Parties agree as follows: PART I SCOPE OF WORK The SUBRECIPIENT shall,in a satisfactory and proper manner and consistent with any standards required as a condition of providing HOME funds,as determined by Collier County Community&Human Services (CHS),perform the tasks necessary to conduct the program as follows: Project Name: Tenant Based Rental Assistance(TBRA) Description of project and outcome: The HOME Tenant Based Rental Assistance project (Seniors on Firm Footing) will serve a special needs population of homeless seniors with approximately 4 homeless persons assisted with rent payments, electric utility deposits,and/or security deposits for a period up to 12 months. Outcome/Goal One: 75 percent of eligible applicants will receive eligible housing within three (3)months of approval from date of income certification, based on availability of funds and housing. Outcome/Goal Two: Conduct outreach to a minimum of four(4)landlords per program year as evidenced by quarterly performance reports. Project Component One: Rental assistance which may include but is not limited to, rent payments,electric utility deposits,and/or security deposits. 1. Project Tasks: a. Maintain documentation on all households served, in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting HOME Eligible Activity c. Required attendance by a representative of SUBRECIPIENT Executive Management,at each Partnership Meeting. 1.1 SPECIAL GRANT CONDITIONS A. Within sixty(60)calendar days of the execution of this Agreement,the SUBRECIPIENT must deliver to CHS for approval, detailed tenant selection policies and criteria. CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 2 16E17 B. The following resolutions and policies must be submitted within sixty (60) days of the execution of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Marketing Plan ® Conflict of Interest Policy ® Procurement Policy n Uniform Relocation Act Policy ® Sexual Harassment Policy • Section.3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Violence Against Women Act(VAWA)Policy LGBTQ Policy ® Language Assistance and Planning Policy (LAP) n Capital Need Assessment Plan ❑ Program Income Reuse Plan n Tenant Policy Manual C. Persons who,as a result of national origin,do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons"or LEP)may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964(Title VI)and its implementing regulations,the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities funded with HOME Funds,by LEP persons.Any of the following actions could constitute"reasonable steps", depending on the circumstances: acquiring translators to translate vital documents; advertisements, or notices; acquiring interpreters for face to face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities;contracting with a telephone line interpreter service; etc. D. Environmental Review Requirement(ERR) -No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed(NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. Annual Subrecipient Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered Subrecipient training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four(4) sessions. CCHHC �=' HM21-01 Tenant Based Rental Assistance(TBRA) Page 3 16 fl 1.2 PROJECT DETAILS A. Project Description/Project Budget: The TBRA Program: a. Helps individual households; b. Can be used in a unit chosen by the tenant,and moves with the tenant;and c. The amount of the rental subsidy is based on the income of the household,the particular unit the household selects, and Collier County rent standards FY2019-2020 and 2020-2021 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: Tenant Based Rental Assistance Federal Funds Match Liability Project Component I: Rental assistance which may $100,000 CCHHC may incur up to include but is not limited to, rent payments, $13,000 in match. Up to electric utility deposits, and/or security deposits. $12,000 may be provided by COUNTY. HOME Match Requirement $Up to$25,000 Grant Total $100,000 The SUBRECIPIENT will accomplish the following checked project tasks: n Pay all closing costs related to property conveyance • Maintain beneficiary income certification documentation, and provide to the COUNTY as requested ® Maintain and provide National Objective Documentation • Provide Quarterly Reports on National Objective and project progress ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS Li Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation n Identify Lead Project Manager n Provide Site Design and Specifications ❑ Comply with Davis-Bacon Labor Standards ® Comply with Section 3 and maintain documentation n Provide certified payroll weekly throughout construction and rehabilitation n Comply with Uniform Relocation Act(URA), if necessary CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 4 0 i D7 ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable continued use period for the project is met B. Income Requirements Income requirements for tenant based rental assistance under this Agreement shall comply with 24 CFR 92.216; 90 percent of tenants served must have an annual income at or below 60 percent of the.HUD established median family income for Collier County, as adjusted for family size, at the time of occupancy or the time funds are invested, whichever is later. The remaining 10 percent of tenants served may have an annual income of up to 80 percent of the HUD established median family income for Collier County, as adjusted. Participants must be certified initially and re-certified annually.Income eligibility of participants will be validated during interim monitoring and at close out. C. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty(60)days of Policies(Section 1.1) • Agreement Agreement Execution HQS Inspections Inspection Form Prior to Occupancy and annually thereafter Insurance Insurance Certificate Exhibit A Within thirty(30)days of Agreement execution and within thirty(30)days of renewal Income Certification Exhibit D Maintained in SUBRECIPIENT Documentation client file and validated at Interim and Closeout Monitoring Davis-Bacon/Certified Payroll Certified Payroll N/A Documentation Progress Report Exhibit C Quarterly,on the 10th of the month,following the end of the quarter and a final report due upon completion of the project or until final monitoring letter received,as directed by Grant Coordinator Section 3 Report Quarterly Report of new hire Quarterly,on the 10th of the information month,following the end of the quarter and a final report due upon completion of the project or until final monitoring letter received, as directed by Grant Coordinator Annual Audit Monitoring Exhibit E Annually within 60 days after Report FY end. CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 5 i.3% .1 t l6 7 Financial and Compliance Audit Audit, Management Letter,and Annually nine(9)months for Supporting Documentation Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit N/A Tenant Leases Copy of lease document N/A Occupancy and Tenant Income Summary of Tenant Income and N/A Report and Rental Rate Report Income Limit, Rent and Rent Limit,by unit(Rent Roll) Operating Expense Report Actual vs. Budget,revenue and N/A expense report and all supporting documentation,as requested Maintenance Plan Maintenance Policy Manual N/A Maintenance Agreement Executed Agreement N/A Capital Needs Assessment Plan Plan approved by the COUNTY N/A Program Income Re-use Plan Planned use of program- N/A generated income D. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component One: Rental Submission of supporting Monthly submission within 30 assistance which may include documents must be provided as days of the prior month. but is not limited to, rent backup as evidenced by payments, electric utility completed tenant lease, deposits, and/or security SUBRECIPIENT lease, rent deposits. invoice, utility invoice, banking documents,and any additional documents as requested. HOME Match Requirement: Documentation of HOME eligible Monthly match of 25%. Match funds CCHHC may incur up to $13,000 in match.Up to$12,000 may be provided by the COUNTY. E. Project Location 1. The tenant can choose the neighborhood they want to live in. 2. The tenant can choose the type of housing and specific housing unit. 3. The tenant can move to other housing, as needed. TBRA funds can be used outside Collier County, in the event Fair Market Rents or unit size is not available in Collier County. CCIilIC HM2I-01 Tenant Based Rental Assistance(TBRA) Page 6 0 6117 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2021 and end on September 30,2022. 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. No program costs can be incurred until an environmental review of the proposed project is completed and approved by HUD. Further,the SUBRECIPIENT will not undertake any activity or commit any funds prior to the HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. In any event, 24 CFR 92.205(e)(2) requires the termination of projects not completed within 4 years of the commitment date. The commitment date for this agreement shall be the date of final execution. "Project completion"occurs when: • All necessary title transfer of requirements and construction work have been completed; • Project complies with HOME requirements, including property standards; • Final drawdown of HOME funds has been disbursed;and • Project completion information has been entered in IDIS, except that for rental projects, project completion occurs upon construction completion and before occupancy. DURATION OF AGREEMENT The duration of the SUBRECIPIENT Agreement is as follows: Agreement Effective Date October 1, 2021 Deadline for Commitment of Funds (12 months) October 1, 2022 Deadline for Expenditure of Funds September 30, 2022 Agreement Termination Date September 30, 2022 Deadline for Receipt of Final Reimbursement Request December 31, 2022 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS(S100,000.00)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 line items shall not be more than 10 percent of the total CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 7 l6 7 Modifications to the "Budget and Scope" may only be made, if approved in advance, by the COUNTY. Budgeted fund shifts between line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope.Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board approval. Match Pursuant 24 CFR 92.218 Match is required for HOME funds. The SUBRECIPIENT is required to provide match funds from 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 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(SHIP)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.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 is required.Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but,not more frequently than once per month. Final invoices are due no later than 90 days after the end of the Agreement, except for retainage, which may be held beyond the end date of the Agreement until all deliverables are met. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement,may not be processed without written authorization from the Grant Coordinator. 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 §218.70,Florida Statutes,otherwise known as the"Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles)of this Agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93.Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT can only incur direct costs that may be attributed specifically to the projects referenced above,as defined in 2 CFR 200.413. SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. The SUBRECIPIENT will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. CCHHC HM21-0I ..�; Tenant Based Rental Assistance(TBRA) Page 8 `►t'; l6D7 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 ATTENTION: Carolyn Noble, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email: Carolyn.Noble@colliercountyfl.gov Telephone: (239)450-5186 SUBRECIPIENT ATTENTION: Michael Overway,Executive Director Collier County Hunger&Homeless Coalition 1791 Trade Center Way, Suite D, Naples, FL 34109 Email: executivedirector@collierhomelesscoalition.org Telephone: (239)263-9363 Remainder of Page Intentionally Left Blank • • • CCIIHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 9 y i 6 7 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review,inspection,or audit. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt. SUBRECIPIENT's failure to 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 Federal award amount 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 includes, but is not 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 to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS,at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed,prepared,assembled,or completed by the SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, that sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement,copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event,the SUBRECIPIENT shall maintain 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 24 CFR 92.508(c).However, if any litigation,claim, or audit is started before the expiration of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement, SUBRECIPIENT shall inform the COUNTY, in writing, of CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 10 ! +6 Q the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT will meet all requirements for retaining public records and transfer to COUNTY at no cost, all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. 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 239-252-6832, Michael.Coxna,colliercountyfl.gov, 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 that records of individual tenant income certification, project rents,and project inspections must be retained for the most recent five year period, until five years after the end of the affordability period. F. The SUBRECIPIENT is 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. G. 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 Chapter 119,Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records,that are released from public records disclosure requirements, are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit E)no later than 60 days after SUBRECIPIENT's fiscal year end. In addition,SUBRECIPIENT shall submit to the COUNTY a Single Audit report,Management Letter,and supporting documentation nine(9)months(or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, it may impose a reasonable monitoring charge.Fees are based on average staff time and costs of materials. Ongoing monitoring fees may be included in the project underwriting.In addition,the COUNTY shall conduct inspections every three (3)years in accordance with 24 CFR 92.504(d)(1) at CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 11 I6D7W a minimum, and Housing Quality Standards (HQS) inspections shall be completed in accordance with 24 CFR 92.209(i).Also,at the COUNTY's discretion,a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of 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 in an attempt to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement,further defined by 2 CFR 200.332. Substandard performance,as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented, and the documentation shall be readily available for monitoring by CHS. 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 fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or 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 failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers, or any entity receiving grant funds from CHS.The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT and will require a corrective action plan to be submitted to CHS within 15 days following issuance of the report. CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 12 i6D 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 SUBRECIPIENT, as needed,to assist in correcting the noncompliance issue. 2. If SUBRECIPIENT 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 CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. o The SUBRECIPIENT may be considered in violation of Resolution No.2013-228. 3. If a SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance 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. o The SUBRECIPIENT will be considered in violation of Resolution No.2013-228. 4. If after repeated notification,the SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. o CHS will make a recommendation to the Board to immediately terminate the Agreement. The SUBRECIPIENT will be required to repay all fiends disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. o The SUBRECIPIENT will be considered in violation of Resolution No.2013-228. If the SUBRECIPIENT has multiple agreements with the COUNTY and is found to be noncompliant,the above sanctions may be imposed across all awards,at the Board's discretion. 2.6 REPORTS • Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement,as deemed necessary by the County Manager or designee. During the term of this Agreement,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10°i 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,which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County CCHHC HM21-01 Tenant Based 1ental Assistance(TBRA) Page 13 i6o7 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. Remainder of Page Intentionally Left Blank CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 14 160 ? PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent, if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 92 (the U. S. Housing and Urban Development regulations concerning HOME Investment Partnerships Program Grants (HOME), including subpart H, except that (1) the SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 93.352, and (2) the SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR 92.357. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement,rather than supplant,funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an independent contractor with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor and an employer/employee relationship will not be created. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization and approved by the Board. 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, available funding amounts, or other reasons. If such amendments result in a change in the funding,the scope of service, or schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment,signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD provided HOME grant funds and must be implemented in full compliance with all HUD rules and regulations and any agreement between the COUNTY and HUD governing HOME funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial resources necessary to continue CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 15 lb 7` to pay the SUBRECIPIENT all or any portion of the funds will not be available. In that event,the COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his-her sole discretion and judgment,that the funds are no longer available.In the event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the COUNTY,nor any individual member of the County Commissioners and/or County Administration,personally liable for the performance of this Agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to,reasonable attorneys'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 that 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, defend all suits in the name of the COUNTY, and pay all costs (including attorney's fees) and judgments that 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 the 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. 3.7 GRANTOR RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the Program sponsorships, research reports, and similar public notices, whether printed or digitally, it prepares and releases for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity to the general public. 3.8 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract,or other covered transaction,as outlined in Executive CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 16 • t 7 Orders 12549(1986)and 12689(1989),Suspension and Debarment and 2 CFR 200.214,as further detailed in Section 4.18. 3.9 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination,the effective date,and in the case of partial terminations,the portion to be terminated. However,in the case of a partial termination,if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which it was made,the COUNTY may terminate the award in its entirety.This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. SUBRECIPIENT's 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. SUBRECIPIENT's failure, for ally reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECPIENT's ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission of reports to the COUNTY,that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and 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 SUBRECIPIENT to immediately repay to the COUNTY all HOME funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the COUNTY to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as CCHHC HM21-01 . Tenant Based Rental Assistance(TBRA) Page 17 16D7 provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS Upon termination or expiration of the Agreement, if SUBRECIPIENT has not provided the required end use beneficiaries, in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of HOME funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 92.504(c)(2)(vii). 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT'S performance under the Agreement. 3.12 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.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through .327)and Collier County's purchasing thresholds. All purchasing for goods and services, including capital equipment, shall be made by purchase order or a written contract in conformity with the thresholds of Collier County Purchasing Policy. Range: Competition Required $0-$50,000 3 Written Quotes $50,001+ Formal Solicitation(ITB,RFP,etc.) In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall procure, acquire, or use goods,products or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion,per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and ccxxc HM21-01 Tenant Based Rental Assistance(TBRA) Page 18 16D7 - Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, qualified, responsible and responsive bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II(J) and 2 CFR 200.323. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated.However,if Program Income is derived from the use of HOME funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for HOME-eligible activities,approved by COUNTY. Any Program Income(as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity 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. When Program Income is generated by an activity that is only partially assisted with HOME funds,the income shall be prorated to reflect the percentage of HOME funds used.If 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. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed.Activities during the closeout period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section 2.2, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes, regarding records maintenance,preservation,and retention.A conflict between state and federal records retention law • requirements will result in the more stringent law being applied, such that the record must be held for the longer duration.Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY.Any funds paid exceeding 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 comply with Section 215.97, Florida Single Audit Act.Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of,or subjected to discrimination under any activity carried out by the performance of this Agreement based on 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 area shall be given opportunities for training and employment. In addition, eligible business concerns located in, or owned in substantial part, by persons residing in the project area shall be awarded contracts in connection with the project,to the greatest extent feasible.The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. CCHHC I IM21-01 Tenant Based Rental Assistance(TBRA) Page 19 ! 6 D 7 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority 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. 3.18 PROGRAM BENEFICIARIES HOME Program TBRA funding is limited to low income households (below 80 percent of Area Medium Income(AMI)). However, HUD has further targeted very-low income households(at or below 60 percent of AMI), per 24 CFR 92.216(a). As such, 90 percent of eligible households receiving TBRA funding under this Agreement must be at or below 60 percent of AMI and 10 percent of eligible households may have a household income of up to 80 percent of AMI, adjusted for family size.Assistance must be provided for at least one year but not more than two years,per 24 CFR 92.209(e). 3.19 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966.The SUBRECIPIENT shall submit to the COUNTY for approval a plan for an Affirmative Action Program prior to the award of funds. SUBRECIPIENT shall update the Affirmative Action Plan throughout the affordability period, as needed, and submit it to the COUNTY within 60 days of any update/modification. 3.20 FEES The SUBRECIPIENT agrees that it shall not charge servicing, origination, or other fees for the purpose of covering costs of administering the HOME program, except as permitted by 24 CFR 92.214(b)(1). • 3.21 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 direct or indirect personal financial interest in the Project areas or any parcels therein that would conflict in any manner or degree with the performance of this Agreement. The SUBRECIPIENT shall not employ or subcontract any person having a conflict of interest for this project. 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. CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page'20 l607 Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this section shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low-and moderate-income residents of the project target area. 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 the contractor is qualified and the costs are reasonable.Approval of an identity of interest contract will be in the COUNTY's sole discretion.This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. 3.22 RELIGIOUS ORGANIZATIONS HOME funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 92.257. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment based on religion and will not limit or give preference in employment to persons based on religion. b. It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons based on 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. 3.23 INCIDENT REPORTING If services to clients are provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to CHS, knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person,or disabled person. 3.24 SEVERABILITY • Should any provision of the Agreement be determined unenforceable or invalid,such determination shall not affect the validity or enforceability of any other section or part thereof. CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 21 ' 6 13 7 PART IV GENERAL PROVISIONS 4.1 24 CFR 92 as amended-All the regulations regarding the HOME program http://www.ecfr.gov/cgi-bin/text- idx?SID=c6cee34b7aab 1 a869c49c 1091 cf69e98&node=24:1.1.1.1.41&rgn=div5 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http:/hvww.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main 02.tpl 4.3 Title II of the Cranston-Gonzalez National Affordable Housing Act(42 U.S.C. 12701 et seq.). Regulations at 24 CFR part 92. 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF E.O. 11063 —Equal Opportunity in Housing • http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/EX 011063 E.O. 11259 -Leadership&Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107-Non Discrimination and Equal Opportunity in Housing under E.O. littps://www.law.comell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html EO 11375 and 12086: see item #8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC §2000e,et. seq. The SUBRECIPIENI'will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm 4.9 Age Discrimination Act of 1975,Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975-http://www.dol.gov/oasam/regs/statutes/age act.htm 11063:https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr•13 5_main_02.tpl 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.1rtml 11375: Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.htm1 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.10 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 92.251 Section 504: http://www.epa.gov/civilrights/sec504.htm CCHHC HM21-01 Tenant Based Rental Assistance(TaRA) Page 22 I6D7 ' 29 USC 776: http://law.onecle.com/uscode/29/776.ht1n1 4.11 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.12 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fliwa.dot.gov/realestate/ua/index.htm 4.13 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws,regulations, and executive orders referenced in 24 CFR 5 Subpart A, as revised by Executive Order 13279. http://www.mbda.gov/node/333 4.14 Public Law 100-430-the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.15 2 CFR 200 et seq—Uniform Administrative Requirements,Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfi200 main_02.tpl 4.16 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or equipment.Recipients and Subrecipients are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain funds; 2)extend or renew a contract to procure or obtain; or 3)enter into an contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system. 4.17 Immigration Reform and Control Act of 1986 http://www.eeoc.govieeoc/history/35th/thelaw/irca.html 4.18 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://bccspO I/SiteDirectory/ASD/HR/labor/CMAs/Sleared%20Documents/CMA%205311.1%20 Standards%200%20Conduct.pdf 4.19 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. 4.20 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). 4.21 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 CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 23 l6D7 be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court,20th Judicial Court of Florida, if in federal court.BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. lutp://www.flsenate.gov/Laws/Statutes/2010/44.102 4.22 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act,41 USC 7401,et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251,et seq., as amended. http://www.law.corne I l.edu/uscode/text/33/chapter-26 4.23 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 58),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate,a letter of map amendment(LOMA)may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3.1.1. 3.4.11.1.6&idno=24 4.24 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of Historic Properties,insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr•&tpl=/ecfrbrowse/Title36/36cfr800 main 02.tp I • 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/nhpaI966.htm 4.25 The SUBRECIPIENT certifies that it will provide drug-free workplaces,in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.26 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 5 Subpart A and 24 CFR 92.350. CCHHC HM21-0I Tenant Based Rental Assistance(TBRA) Page 24 l6D7 4.27 The SUBRECIPIENT agrees to comply with 2 CFR 200 et seq and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.These requirements are enumerated in 2 CFR 200,et seq. 4.28 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or • equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that use(s) covered telecommunications equipment or services as a substantial component of any system,or as critical technology as part of any system. 4.29 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be submitted to the County nine(9)months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty(180)days after the end of the Subrecipients fiscal year. Per 2 CFR 200.345,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. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornel l.edu/efr/text/24/92.206 4.30 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject to the provisions of HOME including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with HOME funds in excess of$25,000,must adhere to the HOME Regulations at 24 CFR 92.353. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.l aw.cornell.edu/cfr/text/49/24.101 4.31 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 25 l607 continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds,other than Federal appropriated fiends have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying",in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.32 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. 4.33 Equal access in accordance with the individual's gender identity in community planning and development programs,per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24_nart5_subpartA section5.106 4.34 Housing Counseling, including homeownership counseling or rental housing counseling , as defined in §5.100,required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling,consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd I479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.comell.edu/cfr/text/24/5.111 4.35 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, • regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://wmv.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.36 Any rule or regulation determined to be applicable by HUD. 4.37 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning . January 1,2021.Eligibility determination is not required for continuing employees hired before January 1,2021. http://www.leg.state.fl.us/statutes/index.cfrn?App mode=Display Statute&URL=0400- 0499/0448/0448.htm1 4.38 Florida Statutes 713.20,Part 1,Construction Liens http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display Statute&URL=0700- 0799/0713/0713.html • 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida statutes_119-021 4.40 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Stattites/index.cfin?App_mode=Display Statute&U RL=0100- 0199/0119/Sections/0119.07.html CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 26 ! 607 4.38 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at: http://www.lep.gov. 4.39 Equal Treatment of Faith-Based Organizations: By regulation, DOJ/BJA prohibits all recipient organizations from using financial assistance from DOJ/BJA to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive DOJBJA funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.40 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf for more details. 4.41 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated Rinds to pay at any tier, either directly or indirectly, any person or organization 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 obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.42 False Claim,Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,or similar misconduct involving subaward agreement funds 4.43 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.44 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ/BJA encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by DOJ/BJA and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 27 16D7 4.45 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 4.46 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds,either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries,without the express prior written approval of OW. Remainder of Page Intentionally Left Blank CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 28 ' en ? PART V HOME Requirements 5.1 Project Requirements for SUBRECIPIENTS-24 CFR 92.209 The SUBRECIPIENT is required to conform to the following requirements and regulations as stated below: 24 CFR 92.209 Tenant-based rental assistance: Eligible costs and requirements. (a) Eligible costs. Eligible costs are the rental assistance and security deposit payments made to provide tenant-based rental assistance for a family pursuant to this section. Eligible costs also include utility deposit assistance, but only if this assistance is provided with tenant-based rental assistance or security deposit payment.Administration of tenant-based rental assistance is eligible only under general management oversight and coordination at §92.207(a), except that the costs of inspecting the housing and determining the income eligibility of the family are eligible as costs of the tenant-based rental assistance. (b) Tenant selection. The SUBRECIPIENT must select low-income families in accordance with written tenant selection policies and criteria that are based on local housing needs and priorities established in the COUNTY's consolidated plan. (1) Low-income families. Tenant-based rental assistance may only be provided to very low- and low-income families. The SUBRECIPIENT must determine that the. family is very low- or low-income before the assistance is provided. During the period of assistance,the SUBRECIPIENT must annually determine that the family continues to be low-income. The SUBRECIPIENT shall retain all documentation on client eligibility by which CHS can validate eligibility during their interim and closeout monitoring. (2) Targeted assistance. (i) The SUBRECIPIENT may establish a preference for individuals with special needs (e.g., homeless persons or elderly persons) or persons with disabilities. The SUBRECIPIENT may offer, in conjunction with a tenant- based rental assistance program,particular types of nonmandatory services that may be most appropriate for persons with a special need or a particular disability.Generally,tenant-based rental assistance and the related services should be made available to all persons with special needs or disabilities who can benefit from such services.Participation may be limited to persons with a specific disability, if necessary,to provide as effective housing,aid, benefit, or services as those provided to others in accordance with 24 CFR 8.4(b)(1)(iv). (ii) The SUBRECIPIENT may also provide a preference for a specific category of individuals with disabilities (e.g., persons with HIV/AIDS or chronic mental illness) if the specific category is identified in the COUNTY's consolidated plan as having unmet need and the preference is needed to narrow the gap in benefits and services received by such persons. CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 29 t6U7 (iii) Self-sufficiency program. The SUBRECIPIENT may require the family to participate in a self-sufficiency program, as a condition of selection for assistance. The family's failure to continue participation in the self- sufficiency program is not a basis for terminating the assistance;however, renewal of the assistance may be conditioned on participation in the program. Tenants living in a HOME-assisted rental project who receive tenant-based rental assistance as relocation assistance must not be required to participate in a self-sufficiency program as a condition of receiving assistance. (iv)Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).For example,a SUBRECIPIENT may not determine that persons given a preference under the program are therefore prohibited from applying for or participating in other programs or forms of assistance. Persons who are eligible for a preference must have the opportunity to participate in all programs of the COUNTY, including programs that are not separate or different. (3) Existing tenants in the HOME-assisted projects. A SUBRECIPIENT may select low-income families currently residing in housing units that are designated for rehabilitation or acquisition under the COUNTY's HOME program. SUBRECIPIENT using HOME funds for tenant-based rental assistance programs may establish local preferences for the provision of this assistance. Families so selected may use the tenant-based assistance in the rehabilitated or acquired housing unit or in other qualified housing. (c) Term of rental assistance contract. The term of the rental assistance contract providing assistance with HOME funds may not exceed 24 months,but may be renewed,subject to the availability of HOME funds.The term of the rental assistance contract must begin on the first day of the term of the lease. For a rental assistance contract between a SUBRECIPIENT and an owner,the term of the contract must terminate on termination of the lease. For a rental assistance contract between a SUBRECIPIENT and a family, the term of the contract need not end on termination of the lease, but no payments may be made after termination of the lease until a family enters into a new lease. (d) Rent reasonableness. The SUBRECIPIENT must disapprove a lease if the rent is not reasonable,based on rents that are charged for comparable unassisted rental units. (e) Tenant protections. The tenant lease must comply with the requirements in §92.253 (a) and(b). (f) Maximum subsidy. (1) The amount of the monthly assistance that SUBRECIPIENT may pay on behalf of a family may not exceed the difference between a rent standard for the unit size established by the COUNTY and 30 percent of the family's monthly adjusted income. (2) The SUBRECIPIENT must establish a minimum tenant contribution to rent. CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 30 II• (3) The SUBRECIPIENT's rent standard for a unit size must be based on:Local market conditions or the Section 8 Housing Choice Voucher Program(24 CFR part 982). (g) Housing quality standards. Housing occupied by a family receiving tenant-based assistance under this section must meet the requirements set forth in 24 CFR 982.401.The SUBRECIPIENT must have housing units inspected, by a certified HQS inspector, initially and re-inspected annually. The SUBRECIPIENT may not perform HQS inspections on housing units it owns or operates. (h) Security deposits. (1) SUBRECIPIENT may use HOME funds provided for tenant-based rental assistance to provide grants to very low- and low-income families for security deposits for rental of dwelling units when combined with rent under this section. (2) The relevant State or local definition of"security deposit"in the jurisdiction where the unit is located is applicable for the purposes of this part,except that the amount of HOME funds that may be provided for a security deposit may not exceed the equivalent of two month's rent for the unit. (3) Only the prospective tenant may apply for HOME security deposit assistance, although the SUBRECIPIENT will pay the funds directly to the landlord. (i) Program operation. A tenant-based rental assistance program must be operated consistent with the requirements of this section.Additionally,the COUNTY must approve each lease prior to its execution. (j) Use of Section 8 assistance.In any case where assistance under Section 8 of the 1937 Act becomes available,recipients of tenant-based rental assistance under this part will qualify for tenant selection preferences to the same extent as when they received the HOME tenant-based rental assistance under this part. 5.2 Project Requirements for SUBRECIPIENTS-24 CFR 92.253 The SUBRECIPIENT is required to conform to the following requirements and regulations as stated below: 24 CFR 92.253 Tenant protections and selection. (a) Lease. There must be a written lease between the tenant and the owner of rental housing assisted with HOME funds that is for a period of not less than one year, unless by mutual agreement between the tenant and the owner a shorter period is specified. The lease must incorporate the VAWA lease term/addendum required under § 92.359(e), except as otherwise provided by§92.359(b) (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 CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 31 11 the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit.The owner may dispose of this personal property in accordance with State law. 3.Excusing owner from responsibility. Agreement by the tenant not to hold the owner or the owner's agents legally responsible for any action or failure to act,whether intentional or negligent. 4.Waiver of notice.Agreement of the tenant that the owner may institute a lawsuit without notice to the tenant. 5.Waiver of legal proceedings.Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties. 6.Waiver of a jury trial. Agreement by the tenant to waive any right to a trial by jury. 7.Waiver of right to appeal court decision. Agreement by the tenant to waive the tenant's right to appeal,or to otherwise challenge in court,a court decision in connection with the lease. 8.Tenant chargeable with cost of legal actions regardless of outcome. Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses. 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 documentation prior to occupancy and annually thereafter to be retained in the SUBRECIPIENT client file and validated by CHS at the interim and closeout • monitoring. CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 32 • 6 1 • • 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 COUNTY (and only if the limitation or preference is described in the COUNTY's consolidated plan). (i) Any limitation or preference must not violate nondiscrimination requirements in § 92.350. A limitation or preference does not violate nondiscrimination requirements if the housing also receives funding from a Federal program that limits eligibility to a particular segment of the population (e.g., the Housing Opportunity for Persons with AIDS program under 24 CFR part 574, the Shelter Plus Care program under 24 CFR part 582,the Supportive Housing program under 24 CFR part 583, supportive housing for the elderly or persons with disabilities under 24 CFR part 891),and the limit or preference is tailored to serve that segment of the population. (ii) If a project does not receive funding from a Federal program that limits eligibility to a particular segment of the population, the project may have a limitation or preference for persons with disabilities who need services offered at a project only if: (A) The limitation or preference is limited to the population of families (including individuals) with disabilities that significantly interfere with their ability to obtain and maintain housing. (B) Such families will not be able to obtain or maintain themselves in housing without appropriate supportive services. (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. 5.Provide for the selection of tenants from a written waiting list in the chronological order of their application,insofar as is practicable. 6. Give prompt written notification to any rejected applicant of the grounds for any rejection. 7.Comply with the VAWA requirements prescribed in § 92.359. Signature page to follow CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 33 I 6 U IN WITNESS WHEREOF, the SURRECIPIENT and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF CO -LI R COUNTY, FLORIDA By: rr� ,9111' Jerk PENNY TAY OR, C R ERSON only.. Date: COLLIER COUNTY HUNGER& Dated: `L& eaca HOM S C IN . tlCt?1Of ' Alex Wertheim H oard Co-President Mary alley HHC Board Co-President Date: (2.p 24 Approved as to form and legality: Jennifer A. Belpedio pa Assistant County Attorney /\ Date: 5 \ 1`1 \a ccl n.lc 11M21-0l ;,.. , Tenant Based Rental Assistance(MBA) Page 34 �" ! 6D7 PART VT EXHIBITS 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as • follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two(2)years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than 100 percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),the SUBRECIPIENT shall assure that for activities located in an CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 35 ! 6 7 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 100 percent of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 36 l 7 EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier County I-Iunger&Homeless Coalition,Inc. SUBRECIPIENT Address: PO Box 9202, 1791 Trade Center Way,Naples,FL 34109 Project Name: TBRA Project No: HM21-01 Payment Request# Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2.Total Amount of Previous Requests $ $ 3.Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request) (includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required$15,000 and above) Division Director(Approval Required$15,000 and above) CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 37 } 1607 Exhibit B-1 Match Form Collier County Request for Match • SECTION I:REQUEST FOR PAYMENT Subrecipient Name: Collier County Hunger&Homeless Coalition,Inc. Subrecipient Address: PO Box 9202,Trade Center Way,Naples,FL 34109 Project Name: TBRA Project No: HM21-01 Match Request# Match Amount Request Today: $0.00 SECTION I: STATUS OF FUNDS 1. Total Match Amount per Agreement $0.00 2. Total Amount of Previous Match Submitted(Insert $0.00 Amount) 3. Total Match Amount Awarded Per Agreement Less $0.00 Total Amount of Previous Match Submitted • 4. Amount of Today's Request(Insert Amount) $0.00 5. Match Balance(Match per Agreement less the Sum of $0.00 All Match Submitted) I certify that this request for payment/match has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of my knowledge and belief all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Department Director CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 38 EXHIBIT C QUARTERLY PPERFORMANCE REPORT Subrecipients:Please complete the questions that pertain to your project only. Subrecipient Name: Collier County Hunger& Date: Homeless Coalition,Inc. Project Title: TBRA • Program Contact: Alternate Contact: Telephone Number: Telephone Number: Project#: IDIS#: Activity Reporting Period Report Due Date October lst—December 31' January 10th January 1st—March 31 st April 106' April lst—June 30th July 10th July lst—September 30ti October 10th REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): 12/31/XX 3/31/XX 6/30/XX 9/30/XX Please note: The HOME Program year begins October 1,20XX—September 30,20XX.Each quarterly report must include cumulative data beginning from the start of the program year October 1,20XX. 1. Please list the outcome goal(s)from your approved application and subrecipient Agreement. a. Outcome Goals: list the outcome goal(s)from your approved application and subrecipient Agreement Outcome 1: 75%of eligible applicants will receive eligible housing within three(3)months of approval from date of income certification,based on availability of funds and housing. Outcome 2: Conduct outreach to a minimum of four(4)landlords per program year as evidenced by quarterly reports. Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: Monthly Rent i.uzehnld Tenant Cnn rant Last #of Security Tenant TBRA Total %of Hispanic Race Family Type Paid to Newly ft Months Name, Bed- Dep Rent Subsidy Rent Median Y/N Size of Owner/ Assiste of First rooms Income House- Tenant d Y/N assistance Initial hold • $ $ $ , CCHHC HM21-01 • Tenant Based Rental Assistance(TBRA) Page 39 II 6 U 7 $ $ $ $ $ Name: Signature: Title: Your typed name here represents your electronic signature CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 40 l6D7 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Retain completed form, including appropriate supporting documentation, to be validated by CHS at the interim and close out monitoring. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Income Member Asset Description Cash Value from Assets 1 2 • 3 4 5 6 7 8 Total Cash Value of Assets B(a) Total Income from Assets B(b) If line B(a)is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate.06%)and enter results in B(c),otherwise leave blank. B(c) CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 41 l6D7 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses,and greater of overtime) box B(b)or 1 box B(c), 2 above,in 3 box C(e) 4 below) 5 6 7 8 Totals (a) (b) (c) (d) (e) Enter total of items C(a)through C(e). This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. 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 CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 42 t6Q7 E. HOME COUNTY Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the HOME. The family or individual(s)constitute(s)a: ❑ Extremely-Low Income(ELI)Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). • _❑ Very Low-Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ 60 Percent Threshold 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 TBRA Administrator or His/Her Designated Representative: Signature Date Printed Name/Title F. Household Data Number of Persons By Race/Ethnicity By Age Native American Hawaiian or 0— 26— 41— Indian Asian Black Other Pac. White Other 62+ 25 40 61 Islander Hispanic Non- Hispanic NOTE:Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No occupant is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has an occupant. CCHHC HM21-01 Tenant Based Rental Assistance(TBRA) Page 43 16 7 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 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 the organization's 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements. Subrecipient Collier County Hunger & Homeless Coalition, Inc. Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Total State Financial Assistance Expended Expended during most recently completed during most recently completed Fiscal Year Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been ❑ met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 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 management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we C 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 Print Name and Title: 06/18 cc1111c HM21-01 Tenant Based Rental Assistance(TBRA) Page 44 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Kristi Sonntag Community and Human KS 7/7/21 Services 2. County Attorney Office— County Attorney Office C71A -1111)2 t 3. BCC Office Board of County � Commissioners ' .3 c!'' 4. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kristi Sonntag/CHS Phone Number 239-252-2486 Contact/ Department Director Agenda Date Item was _ a _ 02 1 Agenda Item Number I6.13.7 Approved by the BCC Type of Document ASSURANCES Number of Original /_ (3 COr1t-Wu G fi dyl Attached Documents Attached CO 3 PO number or account , number if document is C av $4'KC*64 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Ini ial) Applicable) 1. Does the document require the chairman's original signature STAMP OK 2. Does the document need to be sent to another agency for additional signatures? If yes, /"///r1_ provide the Contact Information (Name;Agency;Address;Phone)on an attached sheet. f'� 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A(Insert Office and all other parties except the BCC Chairman and the Clerk to the Board N/A unless changes made after publication) 5. The Chairman's signature line date has been entered as the date of BCC approval of the �. document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A(insert N/A should be provided to the County Attorney Office at the time the item is input into SIRE. unless an ordinance) Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! _ 8. The document was approved by the BCC on above date and all changes made during N/A is not the meeting have been incorporated in the attached document._ The County an option for Attorney's Office has reviewed the changes, if applicable. I l..n-C- l (e �o1CJf�<y , this line. 9. Initials of attorney verifying that the attached document is the version approved by the ( N/A is not BCC, all changes directed b the BCC have been made,and the documg,t is ready for the an option for Chairman's t--{-P( j r� )( this line. C�� �� � t-% C1--k C.�1C.�(ZC-�. � f J 06 066 ( cocct ADaJca -t-ra C+,cti.rt? 1 6 D ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009 Expiration Date:02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970(42 U.S.C. §§4728-4763)relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R. 900, Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate,the State, Prevention Act(42 U.S.C. §§4801 et seq.)which the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or documents related to the assistance; and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non- directives. discrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964(P.L.88-352) 3. Will not dispose of, modify the use of,or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education site and facilities without permission and instructions Amendments of 1972, as amended (20 U.S.C. §§1681 from the awarding agency.Will record the Federal 1683, and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex; (c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended(29)U.S.C. with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps; (d)the Age Discrimination Act of 1975, as 4. Will comply with the requirements of the assistance amended(42 U.S.C. §§6101-6107),which prohibits awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972(P.L. 92-255), as amended relating to nondiscrimination on the basis of 5. Will provide and maintain competent and adequate drug abuse; (f)the Comprehensive Alcohol Abuse and engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation ensure that the complete work conforms with the Act of 1970(P.L. 91-616), as amended, relating to approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or progressive reports and such other information as may be alcoholism; (g)§§523 and 527 of the Public Health required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol 6. Will initiate and complete the work within the applicable and drug abuse patient records; (h)Title VIII of the time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or rental nondiscriminationo financing r housing;s the any other presents the appearance of personal or organizational provisions in specific statue(s) conflict of interest, personal gain. under which application for Federal assistance is being made; and(j)the requirements of any other nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB Circular A-102 1 60 7 11. Will comply, or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955, as amended(42 U.S.C. §§7401 et seq.); (g) 1970(P.L. 91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as acquired as a result of Federal and federally-assisted amended (P.L. 93-523); and, (h)protection of programs.These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973, as amended (P.L. 93-205). Federal participation in purchases. 16. Will comply with the Wild and Scenic Rivers Act of 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 1968(16 U.S.C. §§1271 et seq.)related to protecting §§1501-1508 and 7324-7328)which limit the political components or potential components of the national activities of employees whose principal employment wild and scenic rivers system. activities are funded in whole or in part with Federal funds. 17. Will assist the awarding agency in assuring compliance 13. Will comply, as applicable,with the provisions of the Davis- with Section 106 of the National Historic Preservation Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act Act of 1966, as amended(16 U.S.C. §470), EO 11593 (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract (identification and protection of historic properties), and Work Hours and Safety Standards Act(40 U.S.C. §§327- the Archaeological and Historic Preservation Act of 333)regarding labor standards for federally-assisted 1974(16 U.S.C. §§469a-1 et seq). construction subagreements. 18. Will cause to be performed the required financial and 14. Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No.A-133, (P.L. 93-234)which requires recipients in a special flood "Audits of States, Local Governments, and Non-Profit hazard area to participate in the program and to purchase Organizations." flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies 15. Will comply with environmental standards which may be governing this program. prescribed pursuant to the following: (a) institution of environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of Environmental Policy Act of 1969(P.L. 91- the Trafficking Victims Protection Act(TVPA)of 2000, as 190)and Executive Order(EO) 11514; (b)notification amended(22 U.S.C. 7104)which prohibits grant award of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from (1) Engaging in severe protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3) Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C. §§1451 et seq.); (f)conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE L;d1111 ("flat(pe 6a( APPLICANT O GANIZATION / C' DATE SUBMITTED LU 1 (Lca.0 Ora cell t 122., k SF-424D(Rev.7-97)Back ^^ ' CPI" Approved as to form and legality I S"I'AL K. klgZE CLERK Assn, t County Atmn it Attes,t airman's • Astute•Old { CDBG Program 1 6 D 7 ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009 Expiration Date:02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of Information,including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND iT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. if you have questions,please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the intergovernmental Personnel Act and the institutional,managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R.900,Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and,if appropriate,the State, Prevention Act(42 U.S.C, §§4801 et seq.)which the right to examine all records,books, papers,or prohibits the use of lead-based paint in construction or documents related to the assistance;and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non- directives. discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964(P.L.88-352) 3. Will not dispose of,modify the use of,or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education site and facilities without permission and instructions Amendments of 1972, as amended(20 U.S.G.§§1681 from the awarding agency. Will record the Federal 1683,and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex;(c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973,as amended(29)U.S.C. with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps;(d)the Age Discrimination Act of 1975,as 4. Will comply with the requirements of the assistance amended(42 U.S.C,§§6101-6107),which prohibits awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972(P.L. 92-255),as amended relating to nondiscrimination on the basis of 5. Will provide and maintain competent and adequate drug abuse;(f)the Comprehensive Alcohol Abuse and engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation ensure that the complete work conforms with the Act of 1970(P.L.91-616),as amended,relating to approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or progressive reports and such other information as may be alcoholism;(g)§§523 and 527 of the Public Health required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ea 6. Will initiate and complete the work within the applicable 3),as amended, relating to confidentiality of alcohol time frame after receipt of approval of the awarding agency. Civilnd drug Rightsa Actuse of 1968nt records;42U.S.C. Title 1 sfeq.), the Act 1968(42 U.S .§§3601 et seq.),as 7. Will establish safeguards to prohibit employees from amended, relating to nondiscrimination in the sale, using their positions for a purpose that constitutes or rental or financing of housing;(I)any other presents the appearance of personal or organizational nondiscrimination provisions in the specific statue(s) conflict of interest,or personal gain. under which application for Federal assistance is being made;and(j)the requirements of any other nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB Circular A-102 1607 11. Will comply, or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(g) 1970(P.L. 91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as acquired as a result of Federal and federally-assisted amended(P.L.93-523); and,(h)protection of programs.These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973, as amended(P.L.93-205). Federal participation in purchases. 16. Will comply with the Wild and Scenic Rivers Act of • 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 1968(16 U.S.C.§§1271 et seq.)related to protecting • §§1501 1508 and 7324-7328)which limit the political components or potential components of the national • activities of employees whose principal employment wild and scenic rivers system. • • • activities are funded in whole or in part with Federal funds. • 17. Will assist the awarding agency in assuring compliance 13. Will comply,as applicable,with the provisions of the Davis- with Section 106 of the National Historic Preservation • • Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act Act of 1966,as amended(16 U.S.C.§470), EO 11593 • (40 U.S.C.§276c and 18 U.S.C.§874),and the Contract (identification and protection of historic properties),and Work Hours and Safety Standards Act(40 U.S.C. §§327- the Archaeological and Historic Preservation Act of 333)regarding labor standards for federally-assisted 1974(16 U.S.C.§§469a-1 et seq), • construction subagreements. 18, Will cause to be performed the required financial and 14. Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No.A-133, (P.L.93-234)which requires recipients in a special flood "Audits of States, Local Governments,and Non-Profit hazard area to participate in the program and to purchase Organizations." flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 19_ Will comply with all applicable requirements of all other Federal laws,executive orders,regulations,and policies 15. Will comply with environmental standards which may be governing this program. prescribed pursuant to the following: (a)institution of environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of Environmental Policy Act of 1969(P.L.91- the Trafficking Victims Protection Act(TVPA)of 2000,as 190)and Executive Order(EO) 11514; (b)notification amended(22 U.S.C.7104)which prohibits grant award of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from(1)Engaging in severe protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial with EO 11988;(e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3)Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C.§§1451 et seq.);(t)conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE wiiie c.-69-A-ill . . . 1 • APPLICANT OR ANIZATION er•) DATE SUBMITTED SF-4240(Rev.7-B7)Back • A. � 'v}'. •fuk ' Approved as to form and legality' Y fir+' �.[��% TpLK��IVZEL,CLERK u:' n `;. ttC�f t• liaif'• s As tuns Cotmty Aitur ,� k,•. ; tf�'�' tti :6i. ' " HOME Program 1607 ASSURANCES-CONSTRUCTION PROGRAMS OMB Number:4040-0009 Expiration Date:02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Certain of these assurances maynot be applicable toyour project or program.Ifyou havequestions,please contact the NOTE: PP P 9 Awarding Agency. Further,certain Federal assistance awarding agencies may require applicants to certify to additional • • assurances. If such is the case,you will be notified. • As the duly authorized representative of the applicant:, I certify that the applicant: • 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the intergovernmental Personnel Act and the institutional,managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R. 900,Subpart F). • 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate,the State, Prevention Act(42 U.S.C. §§4801 et seq.)which the right to examine all records,books, papers,or prohibits the use of lead-based paint in construction or documents related to the assistance; and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non- directives. discrimination.These include but are not limited to:(a) Title VI of the Civil Rights Act of 1964(P.L.88-352) 3. Will not dispose of,modify the use of,or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin;(b)Title IX of the Education site and facilities without permission and instructions Amendments of 1972,as amended(20 U.S.C.§§1681 from the awarding agency.Will record the Federal 1683,and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex; (c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended(29)U.S.C. with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps;(d)the Age Discrimination Act of 1975,as 4. Will comply with the requirements of the assistance amended(42 U.S.C.§§6101-6107),which prohibits awarding agency with regard to the drafting,review and discrimination on the basis of age;(e)the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972(P.L.92-255),as amended relating to nondiscrimination on the basis of 5. Will provide and maintain competent and adequate drug abuse; (f)the Comprehensive Alcohol Abuse and engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation ensure that the complete work conforms with the Act of 1970(P.L, 91-616),as amended, relating to approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or progressive reports and such other information as may be alcoholism; (g)§§523 and 527 of the Public Health required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ee 3),as amended, relating to confidentiality of alcohol 6. Will initiate and complete the work within the applicable and drug abuse patient records;(h)Title VIII of the time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U,S.C.§§3601 et seq.),as 7. Will establish safeguards to prohibit employees from amended,relating to nondiscrimination in the sale, rental or financing of housing;(i)any other using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s) presents the appearance of personal or organizational under which application for Federal assistance is being conflict of interest,or personal gain. made;and(j)the requirements of any other nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB CircularA-102 16 11. Will comply,or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(g) 1970(P.L.91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as acquired as a result of Federal and federally-assisted amended(P.L.93-523);and,(h)protection of programs.These requirements apply to all interests In real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973, as amended(P.L.93-205). Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of §§1501-1508 and 7324-7328)which limit the political 1968(16 U.S.C.§§1271 et seq.)related to protecting activities of employees whose principal employment componentsdscenic rivers potential components of the national activities are funded in whole or in part with Federal funds, wild and rivers system. 13. Will comply,as applicable,with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Bacon Act(40 U.S.C,§§276a to 276a-7),the Copeland Act (40 U.S.C.§276c and 18 U.S.C. §874),and the Contract Act of 1966, as amended(16 U.S.C.§470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C. §§327- t(identification ArchaeologicalandprotectiondHistoric o historic Preservation Aies),and 333)regarding labor standards for federally-assisted 1974he and Act of construction subagreements. (16 U.S.C. §§469a 1 et seq). 14. Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial and Section 102(a)of the Flood Disaster Protection Act of 1973 compliance audits in accordance with the SingleNo.Audit Act Amendments of 1996 and OMB Circlar No. (P.L, 93-234)which requires recipients in a special flood u A 133, hazard area to participate in the program and to purchase "Audits of States, Local Governments,and Non-Profit • flood insurance if the total cost of insurable construction Organizations." and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations,and policies 15. Will comply with environmental standards which may beg prescribed pursuant to the following: (a)institution of governing this program. environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of Environmental Policy Act of 1969(P.L.91- the Trafficking Victims Protection Act(TVPA)of 2000,as 190)and Executive Order(EO) 11514;(b)notification amended(22 U.S.C.7104)which prohibits grant award of violating facilities pursuant to EO 11738;(c) recipients or a sub-recipient from(1)Engaging in severe protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial with EO 11988;(e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3)Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C. §§1451 et seq.); (f)conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE (1.frIA l(peC5 (0 aa a� APPLICANT OR ANIZATION DATE SUBMITTED op:_p alfre.(ehtifiK/Oatti Odtilly &aft SF-424D(Rev.7-97)Back At 97) •,,r,} • ,,y l�fYSTA.b NZ L,CLERK Approved as to form and legality Asp tint County A t le l�tCS't' ;t0 Chairman's y e:,> �I(11 Whitt only. 1' • ESG Program ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO DI �{ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date • 1. Catherine Sherman Community and Human CS 9.23.21 Services 2. County Attorney Office—JAB County Attorney Office 3. BCC Office Board of County , Commissioners , i� p)) 4. Minutes and Records Clerk of Court's Office 5 P I J 2".°4114 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressee above,may need to contact staff for additional or missing information. Name of Primary Staff Catherine Sherman/CHS Phone Number 252-1425 Contact/ Depai Intent Agenda Date Item was June 22,2021 Agenda Item Number 16.D.7 Approved by the BCC Type of Document See attached Inventory List with instructions Number of Original 24- See attached Attached of documents from this agenda item that are Documents Attached attached for signature. PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK CS 2. Does the document need to be sent to another agency for additional signatures? If yes, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CS document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip CS should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during CS N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the CS N/A is not BCC,all changes directed by the BCC have been made, and the document is ready for the an option for Chairman's signature. this line. Documents included for signature are as follows: ! 6D / - Document Type/Title Copy Count CDBG Sub-recipient Agreement for Sunrise—Shelter to Thrive 3 4/ CDBG Sub-recipient Agreement for Sunrise—Free to Be Me Program 3 7/ CDBG Sub-recipient Agreement for CCHA—HVAC Installation 3 CDBG Sub-recipient Agreement for CCHA—Rental Acquisition 3 V CDBG Sub-recipient Agreement for Shelter for Abused Women& Children—Security 3 JEnhancement CDBG Sub-recipient Agreement for Legal Aid—Victim Services 3 j CDBG Sub-recipient Agreement for Project HELP—Forensic and Mental Health Mobile Unit 3 ESG Sub-recipient Agreement for Shelter for Abused Women and Children—Emergency3 Operations Please contact Catherine Sherman at ex. 1425 for pick-up once all signatures have been provided. Thank you! 16D7= MEMORANDUM Date: October 5, 2021 To: Catherine Sherman, Grants Coordinator Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Agreement between Collier County Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier'County Enclosed please find two (2) original of each document referenced above (Agenda Item #16D7), approved by the Board of County Commissioners on Tuesday, June 22, 2021. The Minutes & Records Department has retained an original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Enclosures 1 607 - FAIN# B-21-UC-12-0016 Federal Award Date October 1,2021 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $158,351.17 Funds Awarded Subrecipient Name Legal Aid Service of Broward County,Inc d/b/a Legal Aid Service of Collier County DUNS# 844481478 FEIN 59-1547191 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2021-09/30/2022 Fiscal Year End 12/31 Monitor End: 12/2022 AGREEMENT BETWEEN COLLIER COUNTY AND LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CDBG Grant Program—Public Services THIS AGREEMENT is made and entered into this+ day ofid U)& 20 \, by and between Collier County, a political subdivision of the State of Florida, (COUNTY)having its principal address at 3339 E Tamiami Trail,Naples FL 34112,and Legal Aid Service of Broward County,Inc. d/b/a Legal Aid Service of Collier County (SUB RECIPIENT), a private non-profit organization having its principal office at 4436 Tamiami Trail East,Naples,FL 34112. WHEREAS,the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended);and WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG Program with Resolution 2021-131 on June 22,2021 —Agenda ItemUo•t);land WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 1 d Ib07 Action Plan,on May 1, 2021,with a 30-day Citizen Comment period from May 1, 2021 to June 1,2021; and WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program;and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project—(PS21-01)Legal Services to Victims Project. NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the Parties 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 CDBG assistance as provided herein and, as determined by Collier County Community and Human Services(CHS) Division,perform the tasks necessary to conduct the program as follows: Project Name: Legal Services to Victims Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY 2021-2022 CDBG funds up to the gross amount of$158,351.17 to Legal Aid of Collier County to fund salary,payroll taxes,and fringe benefits for staff to deliver legal services to victims of domestic violence, sexual assault, dating violence, repeat violence, child abuse, elder abuse,and other abuses. Project Component One:Funding costs including salary,payroll taxes,and fringe benefits for one FTE Paralegal(1.0), one FTE Attorney(1.0),and one part-time Attorney(.56); for the delivery of legal services to victims. 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 project,excluding Public Service projects. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: Affirmative Fair Housing Policy LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 2 4 16D7 • Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy ❑ Procurement Policy ❑ Uniform Relocation Act Policy • Sexual Harassment Policy ▪ Section 3 Policy Section 504/ADA Policy • Fraud,Waste,and Abuse Policy • Language Assistance and Planning Policy(LAP) • Violence Against Women Act(VAWA)Policy • LGBTQ Policy C. Environmental Review Requirement (ERR) -No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training— All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition,must be submitted to the Grant Coordinator,in writing,at least 14 days,prior to the training. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Funding costs including salary, payroll taxes, and fringe $158,351.17 benefits for one FTE Paralegal (1.0), one FTE Attorney (1.0), and one part-time Attorney(.56);for the delivery of legal services to victims. Total Federal Funds: $158,351.17 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance Maintain beneficiary income certification documentation,and provide to the COUNTY as requested Maintain and provide National Objective Documentation LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 3 1607 • Provide Quarterly Reports on National Objective and project progress • Ensure attendance by a representative from executive management at scheduled partnership meetings,as requested by CHS ❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings,prior to SUBBRECIPIENT issuance of Notice to Proceed(NTP) ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis-Bacon Labor Standards • Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA),if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable continued use period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA—Low/Mod Area Benefit • LMC—Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate- income persons or households,in order to meet a CDBG National Objective.Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households.Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 4 16D7 Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) Agreement Agreement execution Insurance Insurance Certificate Within 30 days of Agreement execution and Annually within thirty(30)days of renewal Detailed Project Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specifications Not Applicable Subcontractor Log Subcontractor Log Not Applicable Progress Report Exhibit C Quarterly reports.within 10 days following the end of the quarter.Annually after closeout. Section 3 Report Quarterly report of new hire Quarterly;within 10 days information following the end of the quarter. Annually after closeout. Davis-Bacon Act Certified Weekly Certified Payroll Not Applicable Payroll reports,forms,and supporting documentation Annual Audit Monitoring Exhibit E Annually,within 60 days after Report then end of the FY end Financial and Compliance Audit Audit,Management Letter,and Annually:nine(9)months after Supporting Documentation FY end for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit, if Not Applicable applicable Capital Needs Assessment Plan Plan approved by the COUNTY Not Applicable Program Income Reuse Plan Plan Approved by the COUNTY Not Applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Funding costs including salary, Submission of monthly invoices and Submission of payroll taxes,and fringe benefits backup as evidence by invoice, monthly invoices, for one FTE Paralegal(1.0),one timesheets/payroll registers,check stubs, within 30 days of the FTE Attorney(1.0),and one part- banking documents,Exhibit B, and any prior month. time Attorney(.56);for the additional documentation as requested. delivery of legal services to victims. 10%retainage request released upon final monitoring clearance and meeting the National Objective. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 5 1607 Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective.Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1,2021 and shall end on September 30,2022. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement.Extensions must be authorized, in writing,by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED AND FIFTY-EIGHT THOUSAND, THREE HUNDRED AND FIFTY ONE DOLLARS AND SEVENTEEN CENTS ($158,351.17) for use by the SUBRECIPIENT,during the term of the Agreement(hereinafter,shall be referred to as the"Funds"). Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope.Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners(Board)approval. The COUNTY shall reimburse 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 CDBG funds until funds are needed for eligible costs;and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during that month,or if SUBRECIPIENT is not yet prepared to send the required backup,a$0 invoice is required.Explanations may 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 after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P521-01 Legal Services to Victims Page 6 ),' 1607 suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles)of the 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 may only incur direct costs that may be attributed specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.A Developer is not subject to 2 CFR Subpart E; however,the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E.The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier,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 A FI bNTION: Catherine Sherman,Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail,Suite 211 Naples,Florida 34112 Email: Catherine.Sherman@a,colliercountyfl.gov Telephone: (239)252-1425 SUBRECIPIENT ATTENTION:Jeff Ahren,Director of Development Legal Aid Service of Broward County,Inc.d/b/a Legal Aid Service of Collier County 4436 Tamiami Trail East Naples,Florida 34112 LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 7 I. 1 r) 1 6 D 7 Email:jahren@legalaid.org Telephone: (239)298-8130 Remainder of Page Intentionally Left Blank LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 8 ! 6 07 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, SUBRECIPIENT shall make available for review, inspection, or audit all records,documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 The determination of Federal Award amounts 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 570.506, to determine compliance with the requirements of this Agreement,the CDBG Program,and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail 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. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 s Legal Services to Victims Page 9 ,.� 16fl7 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, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334.However, if any litigation, claim, or audit is started before the expiration date of the three(3)year period,the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of this Agreement,the COUNTY shall be informed,in writing,of the address where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall 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 exempt or confidential public records that are exempt from public records disclosure requirements.All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information • technology systems. IF 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 239-252-6832, Michael.Cox(a colliercountvfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how compliance with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has been received were accomlished.This includes special requirements,such as necessary and LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY s PS21-01 Legal Services to Victims Page 10 I6Q7 appropriate determinations as defined in 24 CFR 570.208,income certification,and written agreements with beneficiaries,where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. COUNTY agrees that nothing in this Agreement shall be construed as requiring SUBRECIPIENT to give access to any personal identifying information,which is protected by the Attorney-Client privilege or by the provisions of the Rules of Professional Conduct of the Rules Regulating the Florida Bar relating to an attorney's obligation to preserve the confidences or secrets of a client. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement •is dependent upon satisfactory evaluations. Upon request by CHS, the SUBRECIPIENT shall submit information and status reports required by CHS or HUD,to enable CHS to evaluate said progress and allow for completion of required reports.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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS,Agreement 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. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P521-01 Legal Services to Victims Page 11 1607 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all.Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with 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 fraud,waste,and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or to any appropriate law enforcement authority,if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement.Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers, or any entity receiving grant funds from CHS.The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT,as needed,in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds be returned to the COUNTY. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 yam' Legal Services to Victims Page 12 / r 1607 • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY,at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration, as set forth in Resolution No.2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,to be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY,at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No.2013- 228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant,CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No.2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be • noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January,April,July, and October,respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT 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 LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 13 i6D7 goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee if the 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. Remainder of Page Intentionally Left Blank LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 14 • ,'f 160 / PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that(1) SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the federal procurement process; and (4) for Developers, revenue generated is not considered program income.The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable 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 funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY 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 from the COUNTY. 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 Board.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, available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 15 l607 be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment,signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds,or the reduction of funds awarded by HUD to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event,the COUNTY may terminate this Agreement,which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment,that the funds are no longer available. In the event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold harmless the 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'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 there- on. 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 COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets,press releases, advertisements, descriptions of program sponsorships,research reports,and similar public notices,whether printed LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 16 I D7 or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may 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,in the case of a partial termination,if the COUNTY determines 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.This Agreement may also be terminated by the COUNTY,if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200,Appendix II(A): A. SUBRECIPIENT's 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. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 17 i 6D7 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, in compliance with 2 CFR 200, Appendix II(B): 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 SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions,if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract,or other covered transaction,as outlined in Executive Orders 12549(1986)and 12689(1989),Suspension and Debarment and 2 CFR 200.214,as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary.Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 18 i6D �' 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS 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, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant(24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing thresholds are: Range: Competition Required $0-$50,000 3 Written Quotes $50,001+ Formal Solicitation(ITB,RFP,etc.) In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase,acquisition,or use of goods,products,or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion,per 2 CFR 200,Appendix II(J)and 2 CFR 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS,which shall have access to all records and documents related to the Project. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 19 16D2 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated.However,if Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income(as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program,for further reallocation. 3.15 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 expiration of the Agreement..Activities during this closeout period shall include,but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment,program income balances,and receivable accounts to the COUNTY);and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records maintenance,preservation,and retention.A conflict between state and federal records retention law 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 exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act.Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 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 based on 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. In addition, to the greatest extent feasible, 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. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 20 16D7 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority 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 that is 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 women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons, or presumed to be low- to moderate- income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household.This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3,Chapter 5. If the project is located in an entitlement city as defined by HUD, or serves beneficiaries countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action Program will need to be updated throughout the continued use period and must be submitted to the COUNTY within 60 days of any update/modification. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 21 1 6 D 7 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement,and that no person having any conflict of interest shall be employed by or subcontracted by SUBRECIPIENT.The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing,and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person,or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified,and the costs are reasonable.Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, 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. 3.21 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement. Contractors who apply or bid for an award of$100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion,and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion, and will not limit such services or give preference to persons based on religion. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 22 1 6D1 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 it does not use direct CDBG funds to support any inherently religious activities,such as worship,religious instruction,or proselytizing. D. The funds shall not be used for the acquisition,construction,or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition,construction,or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,neglect, or exploitation of a child,aged person,or disabled person. 3.24 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. 3.25 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives,and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represents and warrants that the financial data,reports,and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agrement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida,without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines,including but not limited to any applicable regulations issued by the DIVISION. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 23 160i Electronic Signatures. This Agreement,and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 24 1 6D ? - PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Tit1e24/24cfr570 main 02.tpl 4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5 4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://www.hud.gov/program_offices/commjlanning/community development/rulesandregs/law s/sec5309 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act.https://www.hud.gov/sites/documents/DOC 7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968,as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC§2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT,state that it is an Equal Opportunity or Affirmative Action employer. https://www.hud.gov/programdescription/title6 LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 25 i607 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that,to the greatest extent feasible,opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible,priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr 135_main_02.tpl LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 26 16Q7 4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246:https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478:https://www.archives.gov/federal-register/codifi.cation/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332. https://www.dolgov/whd/regs/statutes/safe01.pdf 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended. https://www.fhwa.dot.gov/real estate/uniform act/index.cfin 4.15 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-section276a- 7&num=0&edition=1999 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 https://www.law.cornelLedu/cfr/text/29/part-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) https://www.law.cornelLedu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects.https://www.presidency.ucsb.edu/ws/index.php?pid=23675 LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 27 1607 4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010- titlel 8.pdf 40 U.S.C.276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.17 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.archives.gov/federal-register/codification/executive-order/11625.html 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act(HCDA)are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa991 f0411 f3 83b74003bcb 1&mcrtrue&node=pt24.3.570&rgn=div5#se24.3.5 70 1607 E.O. 13279:http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 4.20 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main_02.tp1 4.21 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that use(s) covered telecommunications equipment or services as a substantial component of any system,or as critical technology as part of any system. 4.22 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 28 16D7 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- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.coll iergov.net/home/showdocument?id=35137 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 that 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 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 adjudicated in Collier County,Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.27 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-tit1e42-chap85.htm https://www.law.comell.edu/uscode/text/42/chapter-85 LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 ( ' Legal Services to Victims Page 29 f ;''1' 16D7 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdfIUSCODE-2011-title33- chap26.pdf https://www.law.comet!.edu/uscod e/text/3 3/chapter-26 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA) may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.comell.edu/cfr/text/24/570.605 4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vo13-sec570-608-id 163 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. https://wvvw.nps.gov/history/local-law/nhpa1966.htm https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf 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. https://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.apo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10- sec701 4.32 The SUBRECIPIENT certifies that neither it,nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://wvvw.archives.gov/federal-regi ster/codification/executive-order/12549.html LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 30 I6D7 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 200.345,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. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addeffffa535e83 fed3010308aef&mc=true&node=se2.1.200_1344&rgn=div8 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 CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. https://wvvw.gpo.gov/fdsys/granule/CFR-1999-title49-vol 1/CFR-1999-title49-vol 1-sec24-101 https://www.govinfo.gov/app/detai ls/CFR-2012-title24-vo13/CFR-2012-title24-vo13-sec570-505 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. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&U R L=0200-0299/0287/Sections/0287.133.html 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 LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 31 I60 ? agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying",in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.38 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem rates in effect at the time of travel. https://vvww.gsa.gov/portal/content/104877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs,per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24_part5 subpartA section5.106 4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined in§5.100,required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling,consistent with 12 U.S.C. 1701x,per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.cornell.edu/cfr/text124/5.111 4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence,dating violence,sexual assault,and stalking, regardless of sex,gender identity,or sexual orientation,and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400- 0499/0448/0448.html 4.44 Florida Statutes 713.20,Part 1,Construction Liens https://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0700- 0799/0713/0713.html LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 32 16 7 4.45 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL 0100- 0199/0119/S ecti ons/0119.021.htm I 4.46 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.47 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities.The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.49 Arrest and Conviction Records:Federal and state laws restrict use of arrest and conviction records in the employment context,except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.50 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization 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 obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 33 1607 4.51 False Claim;Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor,or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,or similar misconduct involving subaward agreement funds 4.52 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 4.54 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds,either directly or indirectly,in support of any contract or subaward to either ACORN or its subsidiaries,without the express prior written approval of OJP. 4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental,or research work under this funding agreement,the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a7l 7de761 dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTML (Signature Page to Follow) LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 34 i6D7 IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD Y COMMIS RS F CRYSTAL K.KINZEL,CLERK COLLIER TY,FLORIDA / - • By: , puny.C P TAYL CHAIRPER ON Attest as to Chairman's signature only. Date: / Z 2. J �I J . .. �Y/� �(�` ( LEGAL AID SERVICE OF BROWARD COUNTY, Datec.l INC.d/b/a LEGAL AID SERVICE OF COLLIER (SEAL) ' COUNT • ANTHONY J. ,ESQ..,XECUTIVE DIRECTOR Date: /.:9/(7Z/ Approved as to form and legality: ‘)- Jennifer A.Belpedio �7 Assistant County Attorney �, 1‘)\ 5 Date: 221 a t LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 35 16137 - PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County,do 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1—3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2)years after the certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 36 1607 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 Agreement: 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 Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P521-01 Legal Services to Victims Page 37 16Di EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County SUBRECIPIENT Address: 4436 Tamiami Trail East,Naples,FL 34112 Project Name: Legal Services to Victims Project No: PS21-01 _ Payment Request# Total Payment Minus Retainage Period of Availability: 10/1/2021 _through 9/30/2022 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request)(includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required$15,000 and Division Director(Approval Required above) $15,000 and above) LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 38 16Q7 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Legal Aid Service of Broward Date: County,Inc.d/b/a Legal Aid Service of Collier County Project Title: Legal Services to Victims IDIS#: Program Contact: Telephone Number: Activity Reporting Period Report Due Date October 1st—December 31" January 10th January 1"—March 315t April 10th April 1"—June 30th July 10th • July Pt—September 30th October 10th REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): 12/31/21 3/31/22 6/30/22 9/30/22 Please note: The HUD Program year begins October 1,2021—September 30,2022.Each quarterly report must include cumulative data beginning from the start of the program year October 1,2021. 1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1,2021. a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement Outcome 1: Delivery of Legal Services to Victims Outcome 2: Documentation of 100 Low-to-Moderate-Income(LMC)persons served who are victims of domestic violence,sexual assault,dating violence,repeat violence,child abuse,elder abuse,and other abuses.(duplication of clients from the prior project period is permitted to allow for continuity of services) Outcome 3: Delivery of a minimum of four(4)outreach sessions. 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 project schedule: Yes ❑ No ❑ If No,Explain: 3. Since October 1,2021;of the persons assisted,how many... Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 39 i 6Q7 $ Total Entitlement $ Funds 5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if applicable? Answer question 5a or 5b;NOT both For LMC activities: people,race/ethnicity,and income data are reported by persons. For LMH activities: households,race/ethnicity,and income level are reported by households,regardless the number of persons in the household. a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0 (LMC) Quarter Total No.of Persons 0 Quarter Total No.of Persons 0 b. Total No.of Households served 0 Total No.of female head of household 0 (LMH) 6. What is the total number of UNDUPLICATED clients served since October,if applicable? Answer question 6a or 6b,NOT both For LMC activities:race/ethnicity and income data are reported by persons. a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0 (LMC) YTD Total: 0 YTD Total 0 b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8,NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC)Quarter (LMC)YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this quarter who fall into each presumed benefit persons served since October 1 who fall into each category(the total should equal the total in question#6a presumed benefit category (the total should equal the or 6b): total in question#6a or 6b): a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 40 i 6 0 7 served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into (the total should equal the total in question#6): each income category (the total should equal the total in question#6): a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0 Income(0-30%) LI Low Income(31-50%) 0 LI Low Income 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income 0 (51-80%) NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0 Income(>80%) Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area(LMA)? YES NO Was project completed this quarter? YES NO If yes,complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage Beneficiaries 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial&Ethnic Data(if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October(YTD)fall into each race category.In category.In addition to each race category,please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.) question 6.) a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American0 0 American Indian/Alaska 0 0 Indian/Alaska Native Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African0 0 Black/African American& 0 0 American&White White American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0 Black/African Black/African American Native& American rican Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 41 i607 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 0 .06%)and enter results in B(c),otherwise leave blank. B(c) LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P521-01 Legal Services to Victims Page 42 16D7 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses,and greater of overtime) box B(b) or 1 box B(c), 2 above, in 3 box C(e) below) 4 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief,and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under Section 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 LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 43 t 6 a 7 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50'of the Very Low Income(60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 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 on the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County,Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age American Native Other Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+ Other Pac. Islander Hispanic Non- Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS21-01 Legal Services to Victims Page 44 16D '7 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) re uirements. Subrecipient Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 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 management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we n 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 Print Name and Title 06/18 LEGAL AID SERVICE OF BROWARD COUNTY,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P521-D1 Legal Services to Victims Page 45 1 6 07 MEMORANDUM Date: October 5, 2021 To: Catherine Sherman, Grants Coordinator Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Agreement between Collier County Project Help, Inc. Enclosed please find two (2) original of each document referenced above (Agenda Item #16D7), approved by the Board of County Commissioners on Tuesday, June 22, 2021. The Minutes & Records Department has retained an original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Enclosures 1 6 07 I FAIN # B-21-UC-12-0016 Federal Award Date October 1, 2021 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $92,000.00 Funds Awarded Subrecipient Name Project HELP, Inc. DUNS# 867701849 FEIN 59-2655969 R&D NA Indirect Cost Rate NA Period of Performance 10/01/2021-09/30/2022 Fiscal Year End 12/31 Monitor End: 12/2027 AGREEMENT BETWEEN COLLIER COUNTY AND PROJECT HELP, INC. CDBG Grant Program—Public Services THIS AGREEMENT is made and entered into this day of�21, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Project HELP, Inc. (SUBRECIPIENT), a private non-profit organization having its principal office at 3050 Horsehoe Drive North, Suite 280,Naples, FL 34104. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended); and WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG Program with Resolution 2021-131 on June 22, 2021 —Agenda Item 1 toWand WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual Action Plan, on May 1, 2021, with a 30-day Citizen Comment period from May 1 ,2021 to June 1, 2021; and WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 1 1607 WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project—(PS21-03) Forensic and Mental Health Mobile Unit. NOW,THEREFORE,in consideration of the mutual benefits contained herein, it is agreed by the Parties 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 CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Forensic and Mental Health Mobile Unit Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY 2021-2022 CDBG funds up to the gross amount of$92,000.00 to Project HELP, Inc. to fund the procurement of a Forensic and Mental Health Mobile Unit, to provide immediate on- site forensic exams, crisis intervention, on-going mental health, advocacy, and associated services in Immokalee, Florida. Project Component One: Purchase of a mobile unit and all associated costs for modifications and signage/wrap,to operate a Forensic and Mental Health Mobile Unit in Immokalee, FL. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty(60)calendar days of execution of this Agreement,the SUBRECIPIENT must deliver,to CHS for approval, a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: • Affirmative Fair Housing Policy ▪ Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy ▪ Procurement Policy ❑ Uniform Relocation Act Policy • Sexual Harassment Policy • Section 3 Policy • Section 504/ADA Policy • Fraud, Waste,and Abuse Policy • Language Assistance and Planning Policy (LAP) PROJECT HELP,INC. P521-03 Forensic and Mental Health Mobile Unit Page 2 1 6Q7 , • Violence Against Women Act(VA WA) Policy • LGBTQ Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training— All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual SUBRECIPIENT Fair Housing training and all other CHS-offered SUBRECIPIENT training relevant to the Project,as determined by the Grant Coordinator,not to exceed four (4)sessions. E. Inventory and Lien Requirement— The vehicle purchased under this grant will be placed in CDBG inventory. A physical inspection of the vehicle will be required as part of the annual monitoring. Additionally, a lien in favor of Collier County Board of County Commissioners will be placed on the vehicle title, through the Department of Motor Vehicles, at the time of purchase. The lien shall be released from title, removed from CDBG inventory, and annual monitoring will cease at the end of the Continued Use period, provided all requirements of the grant have been met by SUBRECIPIENT. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component One: Purchase of a mobile unit and all associated costs for $92,000.00 modifications and signage/wrap, to operate a Forensic and Mental Health Mobile Unit in Immokalee, FL. Total Federal Funds: $92,000.00 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance Maintain beneficiary income certification documentation, and provide to the COUNTY as requested • Maintain and provide National Objective Documentation • Provide Quarterly Reports on National Objective and project progress • Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 3 1607 • ❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP) ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager L Provide Site Design and Specifications Comply with Davis-Bacon Labor Standards ® Comply with Section 3 and maintain documentation n Provide certified payroll weekly throughout construction and rehabilitation n Comply with Uniform Relocation Act(URA), if necessary • Ensure applicable numbers of units are Section 504/ADA accessible • Ensure the applicable continued use period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA—Low/Mod Area Benefit LMC—Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate- income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 4 C.) 16Q7 C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60)days of (Section 1.1) Agreement Agreement execution Insurance Insurance Certificate Within 30 days of Agreement execution and Annually within thirty (30)days of renewal Detailed Project Schedule Project Schedule Within sixty(60) days of Agreement execution Project Plans and Specifications Site Plans and Specifications Not Applicable Subcontractor Log Subcontractor Log Not Applicable Progress Report Exhibit C Quarterly; within 10 days following the end of the quarter. Annually after closeout. Section 3 Report Quarterly report of new hire Quarterly; within 10 days information following the end of the quarter. Annually after closeout. Davis-Bacon Act Certified Weekly Certified Payroll Not Applicable Payroll reports, forms, and supporting documentation Annual Audit Monitoring Exhibit E Annually: nine (9) months after Report FY end for Single Audit OR one hundred eighty (180) days after FY end Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty(180) days after FY end Continued Use Certification Continued Use Affidavit, if Annually; for five(5)years after applicable meeting the National Objective Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion of procurement. Annually through the period of continued use Program Income Reuse Plan Plan Approved by the COUNTY Not Applicable Inventory Inventory Report Annually, for five(5)years D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Purchase of Submission of supporting documents Submission of a mobile unit and all associated must be provided as backup, as evidenced monthly invoices, costs for modifications and by procurement documentation, invoices, within 30 days of the signage/wrap, to operate a check stubs, bank statements, and any prior month. Forensic and Mental Health other additional documentation as Mobile Unit in Immokalee, FL. requested. PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 5 16Q7 The County will pay up to 90%of the total grant award or project costs, whichever is lower, upon proof of proper payment. The remaining 10% of the award or project costs will be released upon final monitoring clearance and meeting the National Objective. Final 10 percent of award amount or project costs, whichever is lower, will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2021 and shall end on September 30, 2022. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available NINETY TWO THOUSAND DOLLARS AND ZERO CENTS ($92,000.00) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the"Funds"). Modification to the"Budget and Scope"may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners(Board)approval. The COUNTY shall reimburse 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 CDBG funds until funds are needed for eligible costs;and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the required backup,a$0 invoice is required. Explanations may 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. PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 6 1607 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 after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles)of the 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 may only incur direct costs that may be attributed specifically to the project(s)referenced above,as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Catherine Sherman, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Catherine.Sherman@a,colliercountyfl.gov PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 7 16D7 Telephone: (239) 252-1425 SUBRECIPIENT ATTENTION: Eileen Wesley, Executive Director PROJECT HELP, INC. 3050 Horsehoe Drive North, Suite 280 Naples, Florida 34104 Email: eileen@projecthelpnaples.org Telephone: (239) 649-1404 Remainder of Page Intentionally Left Blank PROJECT HELP,INC. P521-03 Forensic and Mental Health Mobile Unit Page 8 1 6Q2 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, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 The determination of Federal Award amounts 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 570.506, to determine compliance with the requirements of this Agreement,the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail 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. PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 9 tJ� i607 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, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334. However, if any litigation, claim, or audit is started before the expiration date of the three (3)year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of this Agreement,the COUNTY shall be informed, in writing, of the address where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall 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 exempt or confidential public records that are exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF 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 239-252-6832, Michael.Cox(a colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how compliance with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has been received were accomlished.This includes special requirements,such as necessary and appropriate determinations as defined in 24 CFR 570.208,income certification,and written agreements with beneficiaries, where applicable. PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 10 16Q7 H. 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 Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as,determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. 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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS,Agreement suspension or termination procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 11 0 1 6 D7 other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with 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 fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY,at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 12 0 1 60 ? certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, to be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT 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,which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee if the 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. PROJECT HELP,INC. P521-03 Forensic and Mental Health Mobile Unit Page 13 G) 160 ? PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that(1) SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the federal procurement process; and (4) for Developers, revenue generated is not considered program income.The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable 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 funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY 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 from the COUNTY. 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 Board. 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, available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 14 16D7 be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, or the reduction of funds awarded by HUD to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the COUNTY may terminate this Agreement,which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the event of such termination,the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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' 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 there- on. 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 COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices,whether printed PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 15 1607 or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES,AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may 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,in the case of a partial termination,if the COUNTY determines 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.This Agreement may also be terminated by the COUNTY,if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. SUBRECIPIENT's 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. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 16 0 1607 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, in compliance with 2 CFR 200, Appendix I1 (B): 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 SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549(1986)and 12689(1989), Suspension and Debarment and 2 CFR 200.214,as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 17 16 7 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work(Part 1), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant(24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327)and Collier County's Procurement Ordinance#2017-08, as amended. Current purchasing thresholds are: • Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation(ITB, RFP, etc.) In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition,or use of goods,products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II(J)and 2 CFR 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 18 1607 SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. Purchase of Equipment: Equipment under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-assisted equipment in a manner that meets a CDBG National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal to the current fair market value of the equipment, less the percentage of non-CDBG funds used to acquire the equipment. Equipment no longer needed by the SUBRECIPIENT for CDBG-eligible activities under this Agreement shall be: (a) transferred to the COUNTY for use elsewhere in the CDBG program, or (b) retained by the SUBRECIPIENT after compensating the COUNTY an amount equal to the current fair market value of the equipment, less the percentage of non-CDBG funds used to acquire the equipment. 3.15 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 five (5) year continued use period has been met. The continued use period shall commence with the later of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction documentation. Activities during this closeout period shall include, but are not limited to making final payments;disposing of program assets(including the return of all unused materials, equipment,program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records maintenance,preservation,and retention.A conflict between state and federal records retention law 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 exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 19 1 6D7 3.16 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 based on 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. In addition, to the greatest extent feasible, 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. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority 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 that is 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 women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons, or presumed to be low- to moderate- income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household.This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. If the project is located in an entitlement city as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. PROJECT HELP,INC. P521-03 Forensic and Mental Health Mobile Unit Page 20 O i607 3.19 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action Program will need to be updated throughout the continued use period and must be submitted to the COUNTY within 60 days of any update/modification. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement,and that no person having any conflict of interest shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person,or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, 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. 3.21 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement. Contractors who apply or bid for an award of$100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 21 ! 6 a 7 A. It will not discriminate against any employee or applicant for employment based on religion,and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion, and will not limit such services or give preference to persons based on 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 it does not use direct CDBG funds to support any inherently religious activities,such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition,construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.24 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. 3.25 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represents and warrants that the financial data,reports,and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agrement. PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 22 1 6 D 7 The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the DIVISION. Electronic Signatures. This Agreement,and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 23 1 6D ? PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=lacdb92f3 b05c3 f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://www.hud.gov/program offices/commplanning/communitydevelopment/rulesandregs/law s/sec5309 4.4 The Fair Housing Act(42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF https://www.j ustice.gov/crt/fair-housing-act-1 Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.htm l Executive Order 11259- Leadership& Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/I 2259.html 24 CFR Part 107 -Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vo13-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item #8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC §2000e,et. seq. The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.hud.gov/programdescription/title6 PROJECT HELP,INC. P521-03 Forensic and Mental Health Mobile Unit Page 24 l607 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that,to the greatest extent feasible, opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible,priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr 1 35 main 02.tpl PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 25 1 6 D 7 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 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 https://www.law.cornell.edu/cfr/text/29/part-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) https://www.law.comell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 26 1 6 a 7 subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title 18/pdf/USCODE-2010- title 18.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.17 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.archives.gov/federal-register/codification/executive-order/11625.htm I 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations,and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act(HCDA)are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa99I f0411 f383b74003bcb I&mc=true&node=pt24.3.570&rgn=div5#se24.3.5 70 1607 E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 4.20 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl 4.21 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain; 3)enter into a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.22 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 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 PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 27 160 ? 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- https://www.lawserver.com/law/state/floridalstatutes/florida statutes chapter 112_part iii Collier County- http://www.colliergov.net/home/showdocument?id=35.137 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 that 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 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 adjudicated in Collier County,Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.27 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-tit1e42/html/USCODE-2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-tit1e33/pdf/USCO DE-201 1-title3 3- chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 28 16fl7 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment(LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.comell.edu/cfr/text/24/570.605 4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vo13/CFR-2000-title24-vo13-sec570-608-id 163 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. https://www.nps.gov/history/local-law/nhpa1966.htm https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf 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. https://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.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title41-chap 10- sec701 4.32 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-register/codification/executive-order/I 2549.htm1 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 PROJECT HELP,INC. P521-03 Forensic and Mental Health Mobile Unit Page 29 1607 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 200.345,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. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addeffffa535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 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 CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. https://www.gpo.gov/fdsys/granule/CFR-1999-tit1e49-vol 1/CFR-1999-title49-vol l-sec24-101 https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-tit1e24-vol3-sec570-505 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. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.html 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 Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 30 16D7 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. https://www.gsa.gov/portal/content/104877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24 parts subpartA section5.106 4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.cornell.edu/cfr/text/24/5.111 4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex,gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/1 1/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning January I, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400- 0499/0448/0448.html 4.44 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.45 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.46 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 31 i6Q7 4.47 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.50 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization 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 obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.51 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.52 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 32 1607 utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 4.54 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental,or research work under this funding agreement,the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTML (Signature Page to Follow) PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 33 16D7 IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD F TY COMMI ONE S OF YSTAL K INZEL, CLE t COLLIE TY, FLORIDA f. By. est as to Chairma p ty < NNY TA R, CHAI RP RSON signature only. Date: 90a) PROJECT , INC ,Dated: W (SEAL) By: JEN FE JOHNS N, BOARD PRESIDENT Date: / 1 Li Approved as to form and legality: Ck. Jenni er A. Bel edio p Assistant County Attorney Date: `2 2. PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 34 16D % PART V EXHIBITS 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: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk" basis, in an amount not less than one hundred (100%)percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 35 i 607 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 Agreement: 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 Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 36 S 160 / EXHIBIT B COLLIER COUNTY COMMUNITY& HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Project HELP, Inc. SUBRECIPIENT Address: 3050 Horseshoe Drive North, Suite 280,Naples, FL 34104 Project Name: Forensic and Mental Health Mobile Unit Project No: PS21-03 _ Payment Request# Total Payment Minus Retainage Period of Availability: 10/1/2021 _through 9/30/2022 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request)(includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required $15.000 and Division Director(Approval Required above) $15,000 and above) PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 37 CAO Ito D ? EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System(IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Project HELP, Inc. Date: Project Title: Forensic and Mental Health Mobile Unit IDIS#: Program Contact: Eileen Wesley Telephone Number: Activity Reporting Period Report Due Date October 1"—December 31St January 10th January 1"—March 31 S` April 10`h April 1"—June 30th July 10`h July 1 S`—September 30th October 10`h REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): 12/31/21 3/31/22 6/30/22 9/30/22 Please note: The HUD Program year begins October 1,2021 —September 30,2022. Each quarterly report must include cumulative data beginning from the start of the program year October 1,2021. 1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1,2021. a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement Outcome 1: Purchase/acquisition of a Forensic and Mental Health Mobile Unit Outcome 2: A minimum of 80 clients will be served during the term of the agreement. Outcome 3: Documentation(Income Certifications)that at least 51%of persons served,are low-to moderate- income persons,to meet the CDBG National Objective-LMC. 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 project schedule: Yes ❑ No ❑ If No,Explain: 3. Since October 1,2021;of the persons assisted,how many... Answer ONLY for Public Facilities& Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ Funds PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 38 i � D 5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people,race/ethnicity,and income data are reported by persons. For LMH activities: households,race/ethnicity,and income level are reported by households,regardless the number of persons in the household. a. Total No. Persons/Adults served(LMC) 0 Total No. persons served under 18 0 (LMC) Quarter Total No.of Persons 0 Quarter Total No.of Persons 0 b. Total No.of Households served 0 Total No.of female head of household 0 (LMH) 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b,NOT both For LMC activities: race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults served(LMC) 0 Total No. Persons served under 18 0 (LMC) YTD Total: 0 YTD Total 0 b. Total No. Households served(LMH) 0 Total No. female head of household(LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8,NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC)Quarter (LMC)YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this quarter who fall into each presumed benefit persons served since October 1 who fall into each category (the total should equal the total in question #6a presumed benefit category (the total should equal the or 6b): total in question#6a or 6b): a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers IA Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into (the total should equal the total in question #6): each income category (the total should equal the total in question#6): PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 39 CM) ! 607 a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0 Income(0-30%) LI Low Income(31-50%) 0 LI Low Income 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income 0 (5 1-80%) NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0 Income(>80%) Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area(LMA)? YES NO Was project completed this quarter? YES NO If yes,complete all of this section 9. Datc project completed Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage Beneficiaries 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial&Ethnic Data(if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October(YTD)fall into each race category. In category.In addition to each race category,please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.) question 6.) a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African American&White 0 0 Black/African American& 0 0 White American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0 Black/African American Native&Black/African American Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 40 e ! 6 D 7 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than$5,000, multiply that amount by the rate specified by HUD(applicable rate 0 .06%)and enter results in B(c), otherwise leave blank. B(c) PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 41 i607 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses, and greater of overtime) box B(b)or 1 box B(c), 2 above, in 3 box C(e) 4 below) • 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. 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 Section 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 PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 42 I 6 a 7 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s) a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50th of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 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 on the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age American Native Other Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+ Other Pac. Islander Hispanic Non- Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 43 1 601 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) re uirements. Subrecipient Project HELP, Inc. Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) 01/01/2021 12/31/2021 Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above n ❑ Are a for-profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. 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 n 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 Print Name and Title 06/18 PROJECT HELP,INC. PS21-03 Forensic and Mental Health Mobile Unit Page 44 160 ? MEMORANDUM Date: October 5, 2021 To: Catherine Sherman, Grants Coordinator Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Agreement between Collier County The Shelter for Abused Women & Children, Inc. Enclosed please find two (2) original of each document referenced above (Agenda Item #16D7), approved by the Board of County Commissioners on Tuesday, June 22, 2021. The Minutes & Records Department has retained an original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Enclosures i6D7 FAIN# E-21-UC-12-00-16 Federal Award Date EST 10/2021 Federal Award Agency HUD CFDA Name Emergency Solutions Grant CFDA/CSFA# 14.231 Total Amount of $100,000.00 Federal Funds Awarded Subrecipient Name The Shelter for Abused Women& Children, Inc. DUNS# 836680769 FEIN 59-2752895 R&D No Indirect Cost Rate No Period of Performance October 1, 2021 — September 30, 2022 Fiscal Year End 6/30 Monitor End: 06/23 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Shelter Operations Program THIS AGREEMENT is made and entered into this -,�'LD day of --,(u ,2021,by and between Collier County,a political subdivision of the State of Florida, (COUNTY or Grantee) having its principal address as 3339 E. Tamiami Trail, Naples FL 34112,and THE SHELTER FOR ABUSED WOMEN& CHILDREN,INC. ,a private not- for-profit corporation existing under the laws of the State of Florida, (SUBRECIPIENT) having its principal office at PO Box 10102,Naples, FL 34101. WHEREAS, the COUNTY is an entitlement community of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act(24 CFR 576) amending the McKinney-Vento Homeless Act (42 U.S.C. 11371-11378); and WHEREAS, pursuant to the aforesaid grant, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re- housing assistance, and Homeless Management Information System [HMIS]); and The Shelter for Women&Children,Inc. ES2I-03 Shelter Operations Page 1 ! 607 WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier County Consolidated Plan- One-Year Action Plans for Federal Fiscal Year 2021-2022 for the ESG Program at the June 22, 2021, Board of County Commissioners meeting, Agenda Item WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2021 —2022 Annual Action Plan, on May 1, 2021 , with a 30-day Citizen Comment period from May 1, 2021 to June 1, 2021; and WHEREAS,the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the Emergency Solutions Grant Project — (ES21-03) Shelter Operations. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant—Shelter Operations Program: Shelter operation expenses and personnel salaries to benefit homeless individuals in Collier County. Project Component One: Personnel salary for an Operations Support Administrator Project Component Two: Annual Shelter operation expenses which may include but are not limited to,security maintenance,monthly security system monitoring,electricity,water and sewer, trash collection, insurance, interne, phone, recurring monthly fees, repair/maintenance expenses, food costs for the facility, pest control and lawn care 1. Project Tasks: a. Maintain documentation on all households served, in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting an ESG Eligible Activity 2. ESG Documentation Requirements Compliance Criteria: The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 2 16D7 Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living,as well as prevent homelessness,as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). 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 completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of the execution of this Agreement. M Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Affirmative Action Plan ® Conflict of Interest Policy M Procurement Policy n Uniform Relocation Act Policy ® Sexual Harassment Policy ® Section 3 Policy M Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Violence Against Women Act(VAWA) Policy • LGBTQ Policy M Language Assistance and Planning Policy (LAP) C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to receiving the CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training - All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend the CHS-sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS- offered Subrecipient training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this The Shelter for Women&Children,Inc. ES2I-03 Shelter Operations Page 3 1607 special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. 1.2 PROJECT DETAILS A. Project Description/Budget The budget identified for the Shelter Operations Project shall be as follows: Description Federal Amount ESG Match 1:1 Project Component 1: Personnel salary for an $38,000.00 Operations Support Administrator Project Component 2: Annual Shelter operation expenses $62,000.00 which may include but are not limited to, security maintenance, monthly security system monitoring, electricity, water and sewer, trash collection, insurance, internet, phone, recurring monthly fees, repair/maintenance expenses, food costs for the facility, pest control and lawn care ESG Match Requirement Documentation of $100,000.00 ESG Eligible Matching Funds Total Federal Funds: $100,000.00 The SUBRECIPIENT will accomplish the following checked project tasks: n P- ay all closing costs related to property conveyance ® Maintain and provide to the COUNTY, as requested, beneficiary documentation that supports the benefit of homelessness XI Provide Quarterly Reports and project progress • Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation n I- dentify Lead Project Manager n P- rovide Site Design and Specifications ❑ Comply with Davis-Bacon Labor Standards n Provide certified payroll weekly throughout construction and rehabilitation N Comply with Section 3 and maintain documentation n Comply with Uniform Relocation Act (URA), if necessary n E- nsure applicable numbers of units are Section 504/ADA accessible n Ensure the applicable affordability period is met for the project The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 4 l607 B. Program Components/Eligible Activities All services/activities funded with ESG funds must meet one of the ESG program components, as defined in 24 CFR 576: • Street Outreach: Funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management, and services for special populations). • Emergency Shelter: Funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management,child care,education,employment assistance and job training, legal, mental health, substance abuse treatment, transportation, and services for special populations). • Homelessness Prevention and Rapid Re-Housing: Both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent, and housing search and placement activities). Housing may also be used for short- or medium- term rental assistance for those who are at-risk of becoming homeless or transitioning to stable housing. • HMIS: Funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs, and participation fees. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies (Section 1.1) Agreement Agreement execution Insurance Insurance Certificate Within 30 days of Agreement execution and annually within thirty (30) days of renewal Detailed project Schedule Project Schedule N/A Project Plans and Site Plans and N/A Specifications Specifications Subcontractor Log Subcontractor Log N/A Project Performance Report Exhibit C—Quarterly Quarterly; Within 10 days after Project Performance Report the end of the quarter, until project is complete. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 5 i6Q7 Section 3 Report Quarterly reports on new Quarterly; Within 10 days after hire information the end of the quarter, until project is complete. Annual Audit Monitoring Exhibit D Annually, within 60 days after Report FY end Financial and Compliance Audit, Management Letter Annually, nine (9) months for Audit and Supporting Single Audit OR one hundred and Documentation eighty (180) days after FY end. Program Income Reuse Plan Approved by the N/A Plan COUNTY D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Exhibit B along with documentation Monthly submission Personnel salary for an including but not limited to properly within 30 days of Operations Support completed timesheets, payroll, the prior month Administrator banking, canceled checks, and any additional supporting documentation as requested. Project Component Two: Exhibit B along with documentation Monthly submission Annual Shelter operation including but not limited to properly within 30 days of expenses which may include completed invoices, banking, canceled the prior month but are not limited to, security checks, utility documents, and any maintenance, monthly security additional supporting documentation system monitoring, electricity, as requested. water and sewer, trash collection, insurance, interne, phone, recurring monthly fees, repair/maintenance expenses, food costs for the facility, pest control and lawn care Final 10% ($)released upon a successful closeout monitoring. Retainage will be deducted from each invoice ESG Match Exhibit B-1, along with supporting Monthly Match: a Match documentation minimum of dollar- for-dollar, with each submitted pay request, until 100% of funded amount is reached. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 6 ! 6D7 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall start on October 1, 2021 and end on September 30, 2022 (Term of Agreement). The SUBRECIPIENT's services/activities shall be undertaken and completed considering the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($100,000.00) for use by the SUBRECIPIENT during the Term of the Agreement (hereinafter referred to as the "Funds"). Modifications to the `Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between project components shall not exceed 10 percent or signify a change in scope. Fund shifts that exceed 10 percent of a project component shall only be made with Board approval. All services/activities specified in Part 1 Scope of Services shall be performed by SUBRECIPIENT employees or be put out to competitive bidding under a procedure acceptable to the COUNTY and meets Federal requirements. The SUBRECIPIENT shall enter into a contract for improvements with the lowest, responsive, and qualified bidder as further set forth in Section 13.3 of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS,which shall have access to all records and documents related to the project. 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 ESG funds until needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during a month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may 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. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 7 I6Q7 Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the Agreement but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as 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 may only incur direct costs that may be attributed specifically to the project(s)referenced above,as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is, and may impose requirements upon the Developer to remain compliant with the COUNTY's obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, facsimile, or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 8 1 607 Naples, Florida 34112 Email: Carolyn.Noble@colliercountyfl.gov Telephone: (239) 450-5186 SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer The Shelter for Abused Women& Children, Inc. PO Box 10102 Naples, FL 34101 Email: loberhaus@naplesshelter.org Telephone: (239) 280-1350 Remainder of Page Intentionally Left Blank The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 9 l 607 , PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt. Failure to 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. The determination of Federal award amounts 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 576.500 to determine compliance with the requirements of this Agreement, the ESG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. C. SUBRECIPIENT shall make available at any time upon request by the COUNTY or CHS 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. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies, and services, and other costs and The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 10 1607 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 and in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334. However, if any litigation, claim, or audit is started before the expiration date of the three (3)year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after closeout of this Agreement, it must notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to the COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt and/or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF 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 239-252-6832,Michael.Cox@colliercountyfl.gov,3299 Tamiami Trail E,Naples FL 34112. E. SUBRECIPIENT shall create and maintain income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. F. SUBRECIPIENT shall document how it complied with the Program Component(s), as defined in 24 CFR 576.100, and the eligibility requirement(s) under which funding has been received. This also includes special requirements such as necessary and appropriate determinations, as defined in 24 CFR 576.100; income certification; and written agreements with beneficiaries, where applicable. G. 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 The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 11 16D7 that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report,Management Letter,and supporting documentation nine(9)months(or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon request by CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of its 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. The COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. 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 time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide for the proper and effective management of all Program and fiscal activities of the Agreement. SUBRECIPIENT's internal control The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 12 16D7 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 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 fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or any law or regulation, to the COUNTY or 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 failure to implement or make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228,CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which requires a corrective action plan to be submitted to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, to correct the noncompliance issue. 2. If SUBRECIPIENT 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. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228. 3. If the SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 13 16Q7 � noncompliance, by certified mail, CHS may require a portion of the awarded grant amount or the amount of the ESG investment for acquisition of the properties conveyed, be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228. 4. If after repeated notification,the SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board for immediate termination of the Agreement. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228. If the SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant,the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January,April,July, and October,respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include,a comprehensive final report covering the agreed- upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains a sample reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 14 i6D7 � PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the HEARTH Act. 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 funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY 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 from the COUNTY. 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,at its discretion,amend this Agreement to conform with Federal,State, or governmental guidelines, policies, available funding amounts, or 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 will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 15 16Q7 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD ESG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available.In that event,the COUNTY may terminate this Agreement,which termination shall be effective as of the date that it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to reasonable attorneys' 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 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. 3.7 COUNTY 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, whether printed or digitally prepared„ and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 16 16Q7 "FINANCED IN PART BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES,AND TERMINATION In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines 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. This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. SUBRECIPIENT's 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. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement D. SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect E. SUBRECIPIENT's submission of any false certification F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT, relating to the Project The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 17 1 6074 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 SUBRECIPIENT to immediately repay to the COUNTY all ESG funds that it received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments until identified deficiencies are corrected F. Terminate this Agreement, by giving written notice to SUBRECIPIENT 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 benefit for any incomplete project activities undertaken under this Agreement. 3.9 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar-for-dollar, pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may comply with its requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as State, Local, and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those funds from being used to match ESG funds. In order to meet the match requirement, the matching contributions must meet all requirements that apply to the ESG funds provided by HUD, as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions 2. Non-cash contributions calculated per requirements in 24 CFR 576.201(e), including the value of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program, provided that, if the SUBRECIPIENT had to pay for them with grant funds,the costs would have been allowable.Non-cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 18 1 607 similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's match requirements,provided the costs are eligible ESG costs that supplement the ESG program. 3.10 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. 3.11 REVERSION OF ASSETS In the event of a termination 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), 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 ESG 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 and equipment are subject to 2 CFR 200.311. 3.12 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement, until all required insurance, as outlined in Exhibit A and 2 CFR 200.310 has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.13 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, Cost Principles,and Audit Requirements for Federal Awards(2 CFR 200 et seq),and the federal regulations for the Emergency Solutions Grant. (24 CFR 576 et seq.) The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 19 1607 3.14 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through 200.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation(ITB, RFP, etc) In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall procure, acquire, or use goods, products or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.15 PROGRAM-GENERATED INCOME No Program Income is anticipated. However, if there is Program Income derived from the use of ESG funds disbursed under this Agreement, such Program Income shall be used by the SUBRECIPIENT for an eligible ESG project activity approved by the COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by ESG 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 576.201. When Program Income is generated by an activity that is only partially funded with ESG funds, the income shall be prorated to reflect the percentage of ESG funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's ESG Program, for further reallocation. 3.16 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 20 `, 1607 retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding 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 comply with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344 and ensure all federal grant requirements have been completed. 3.17 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 based on 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, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires that,to the greatest extent feasible,employment and economic opportunities be directed to low- and very low-income residents of the 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 (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable, the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG, providing services assisted under ESG, and providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968 and certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 3.18 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 terms The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 21 l607 "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. 3.19 PROGRAM BENEFICIARIES As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG funding through this Agreement must be homeless or at risk of homelessness. Income eligibility of beneficiaries will be validated,by reviewing supporting documentation,during any interim and/or closeout monitoring. 3.20 AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it is committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. If the Affirmative Action Plan is updated during the period of performance of this Agreement, the updated plan must be submitted to the COUNTY within 60 days of any update/modification. 3.21 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 or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 576.404 "Conflict of Interest," 2 CFR 200.318, Florida Statute 287.057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 22 i 6Q7 Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors 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. 3.22 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation, and privacy standards (Exhibit E), as required by 24 CFR 576.403(b). 3.23 PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.24 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.25 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with homeless participation requirements under 24 CFR 576.405(c). 3.26 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must maintain documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s)developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.27 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 576.406. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 23 I D7 A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment, to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on 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 ESG 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, ESG 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 ESG funds in this part. Sanctuaries, chapels, or other rooms that an ESG funded religious congregation uses as its principal place of worship,however, are ineligible for ESG funded improvements. 3.28 INCIDENT REPORTING If client services are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.29 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Remainder of Page Intentionally Left Blank The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 24 16D7 PART IV GENERAL PROVISIONS 4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended — All regulations regarding the ESG Program 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=1 acdb92f3b05c3 f285dd76c26d14f54e&mc=true&node=pt24.1.58&rgn=div5 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://www.hudexchange.info/resource/2184/housing-and-community-development-hcd- act-of-1974/ 4.4 Title VI of the Civil Rights Act of 1964 as amended, https://www.hud.gov/programdescription/title6 Title VIII of the Civil Rights Act of 1968, as amended https://www.eeoc.gov/laws/statutes/titlevii.cfm 4.5 24 CFR 576.407-The regulations issued pursuant to 24 CFR 5.105(a)and Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr;sid=dc4c2f93 cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3. 1.1.3.8;idno=24;cc=ecfr https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=24:1.1.1.1.5#se24.1.5 1105 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended 4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.eeoc.gov/laws/statutes/titlevii.cfm 4.8 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 25 t607 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors,their successors and assigns,to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. https://www.hudexchange.info/resource/23 30/24-cfr-part-13 5-section-3-regulations/ The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that,to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible,priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr 13 5 main 02.tpl The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 26 1 607 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Qrder 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://wvvvv.law.cornell.edu/uscode/text/42/chapter-76 11246: https://wvvw.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive- order/11478.html 12107:https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.10 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24 part5 subpartA section5.106 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 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 https://www.law.cornell.edu/cfr/text/29/part-3 The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 27 16Q7 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) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENT agrees to comply with the"Copeland Anti-Kickback Act,"which prohibits the SUBRECIPIENT,its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010- title 18/pdf/USCODE-2010-title 18.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.17 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.archives.gov/federal-register/codification/executive-order/11625.html 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 576.407: https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr;sid=dc4c2f93 cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3. 1.1.3.8;idno=24;cc=ecfr E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmedl12289709 4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal-register/codification/executive-order/11063.html The Shelter for Women&Children,Inc. ES21-03 ^✓ Shelter Operations Page 28 t6Q7 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 -Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.21 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl 4.22 2 CFR 216—Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain funds; 2) extend or renew a contract to procure or obtain; or 3) enter into an contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 4.23 Immigration Reform and Control Act of 1986 https://www.eeoc.govieeoc/history/35th/thelaw/irca.html 4.24 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item 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- https://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter_112_part_i ii Collier County- http://www.colliergov.net/home/showdocument?id=3 5137 4.25 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the 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. 4.26 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). The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 29 1607 - 4.27 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.28 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-2010-title42/html/USCODE- 2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE- 2011-title3 3-chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 4.29 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https://www.epa.gov/enforcement/resource-conservation-and-recovery-act- rcra-and-federal-facilities https://www.law.comell.edu/cfr/text/40/247.1 4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is 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. https://www.law.comell.edu/cfr/text/24/570.605 4.31 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 30 16D7 https://www.gpo.gov/fdsys/granule/CFR-2000-tit1e24-vo13/CFR-2000-title24-vo13- sec570-608-id163 4.32 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. https://www.nps.gov/history/local-law/nhpa1966.htm https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf 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. https://www.nps.gov/history/local-law/nhpa1966.htm 4.33 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.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-tit1e41- chapl0-sec701 4.34 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction,with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in Executive order 12549. https://www.archives.gov/federal-register/codification/executive-order/12549.html 4.35 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. 4.36 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. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 31 16D7 https://www.ecfr.gov/cgi-bin/text- idx?SID=5 a78 addefff9a5 3 5 e83 fed3 0103 08 aef&mc=true&node=se2.1.200 1344&rgn=di v8 4.37 Any real property acquired by the SUBRECIPIENT for carrying out 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, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act(42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). https://www.gpo.gov/fdsys/granule/CFR-2009-tit1e49-vol 1/CFR-2009-tit1e49-vol l-part24 4.38 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search_Strin g=&URL=0200-0299/0287/Sections/0287.133.html 4.39 No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.40 The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41- chap 10-sec701/content-detail.html The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 32 1607 4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.gov/portal/content/104877 4.42 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.e c fr.g o v/c g i-b i n/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.cornell.edu/cfr/text/24/5.111 4.43 Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3)of the Runaway and Homeless Youth Act(42 U.S.C. 5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) https://www.federalregi ster.gov/documents/2016/12/20/2016-30241/runaway-and- homeless-youth 4.44 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11/16/2016-25 888/violence-against- women-reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.45 Any rule or regulation determined to be applicable by HUD. 4.46 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400- 0499/0448/0448.html The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 33 1607 4.47 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.48 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL-0100- 0199/0119/Sections/0119.021.html 4.49 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.50 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.51 Equal Treatment of Faith-Based Organizations: By regulation,HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination based on religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.52 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.53 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization 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 obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 34 ! 6 D 7 funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state,or federal legislatures. 4.54 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.55 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.56 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.57 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://o jp.gov/funding/Explore/ProhibitedConduct-Traffi cking.htm. 4.58 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds,either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries,without the express prior written approval of OW. 4.59 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment,or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- b in/retrieveEC FR?gp=&SID=a004b6bf20934ace7a717de761 do 64c0&mc=true&n=pt3 7.1.40 1&r=PART&ty=HTML Signature Page to Follow The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 35 16Q � IN WITNESS WHEREOF,the SUBRECIPIENT and the COUNTY,have each,respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST; BOARD F UNTY COM SSIONERS OF CRYSTAL K. KINZEL,CLERK COLLIE TY, FLO 4440 d■strii: By: ' ' Y TA OR,CHAI ERSON ttest as to Chairman's � '' s►���+r ., Date: 12_21 7.1 THE SHELTER FOR ABUSED WOMEN & Daters.4\(4C4.6;- Adit CHILDREN,INC. (SEAL) I By: LINDA OBERHAUS, CHIEF EXECUTIVE OFFICER ,�/d Date: 9// Approved as to form and legality: Jennifer .Belpedio Y-�� Assistant County Attorney N\ Date: (e 1aa \d 1 sammeavasourrammeemplaumemia !he Shelter for Women&Children,Inc. I?521-01 Sheller Operations Page 36 16D7 EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, do 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2)years after the Certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 37 1 6 Q7 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. 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(As Their Interest May Appear). 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 with respect to this coverage A.T.I.M.A. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 38 l6D7 EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: SUBRECIPIENT Address: Project Name: Project No: _ Payment Request# Total Payment Minus Retainage Period of Availability: _through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request) (includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required $15,000 and Division Director(Approval Required above) $15,000 and above) The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 39 16Di Exhibit B-1 Match Form Collier County Request for Match SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Match Request# Match Amount Request Today: $0.00 SECTION I: STATUS OF FUNDS 1. Total Match Amount per Agreement $0.00 2. Total Amount of Previous Match Submitted(Insert $0.00 Amount) 3. Total Match Amount Awarded Per Agreement Less $0.00 Total Amount of Previous Match Submitted 4. Amount of Today's Request(Insert Amount) $0.00 5. Match Balance(Match per Agreement less the Sum of $0.00 All Match Submitted) I certify that this request for payment/match has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of my knowledge and belief all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Department Director The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 40 16D / EXHIBIT C Emergency Solutions Grants (ESG) Quarterly Project Performance Report Report Period: Fiscal Year: Contract Number: Organization/s: Program/s: Contact Name: Contact Number: Characteristics Report 1. Report Selection Criteria Ethnicity Non- Race Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial 2. Number of adults and children served: a. Residential b. Non-Residential Number of Adults Number of Adults Number of Children Number of Children Number of Unknown Age Number of Unknown Age 3. Number of individuals/families served, by categories: a. Number of individual households Male Female (singles) Unaccompanied 18 and over Unaccompanied 17 and under b. Number of Families with children Male Female Headed by single 18 and over Headed by single 17 and under Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL The Shelter for Women&Children,Inc. ES21-03 Shelter Operations (1) Page 41 l6D7 4. Total project(s)/service(s) provided to clients in range: a. emergency shelter facilities shelter h. employment b. vouchers for shelters i. transitional c. drop-in center j. outreach d. food pantry k. soup kitchen/meal distribution e. mental health I. health care f. alcohol/drug m. HIV/AIDS services g. childcare n. other(please list) 5. Number of clients served by sub population (duplicated count): a. Chronically Homeless f. Chronic Substance Abuse (alcohol and/or drug) b. Victims of Domestic g. Severely Mentally Ill Violence c. Elderly h. Runaway/throwaway youth d. Veterans i. Qther disability (Physical and/or Developmental) e. Individuals with HIV/AIDS (Chronically Homeless-HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Barracks Mobile Home/Trailer Group/Large House Hotel/Motel Scattered Site Apartment Other Apartment/Complex Single Family Detached House Other Single-Family Duplex Single Room Occupancy Other TOTAL I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents your electronic signature. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 42 ! 6Q7 EXHIBIT D ANNUAL AUDIT MONITORING REPORT ;ircular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine i ubrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that a] ppropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended a a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federa ward occurs, including any Federal award provided by Collier County. The determination of amounts of Federal award xpended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F—Audit Requirements. Thi orm may be used to monitor Florida Single Audit Act(Statute 215.97) requirements. iubrecipient dame rirst Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) 'otal Federal Financial Assistance Expended during Total State Financial Assistance Expended during most host recently completed Fiscal Year recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and ❑ Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed b: . Copies of the audit report and management letter are attached or will be provided withi] 30 days of completion. B. We are not subject to the requirements 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 management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit repor ❑ 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 i includes details of the actions, procedures, policies, etc. implemented and when it was or will bi implemented. Certification Statement hereby certify that the above information is true and accurate. signature Date 'rint Name and Title 06/18 The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 43 � •/ l6Di EXHIBIT E EMERGENCY SHELTERS Minimum Standards The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Emergency Shelters, as applicable: 24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet State or Local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation, and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety, sanitation, and privacy standards. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 44 160 (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. Remainder of Page Intentionally Left Blank The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 45 II 6 C' EXHIBIT F PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c):Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The structures must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. (2) Space and security. Each resident must be provided adequate space and security for themselves and their belongings. Each resident must be provided an acceptable place to sleep. (3) Interior air quality. Each room or space must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (4) Water supply. The water supply must be free of contamination. (5) Sanitary facilities. Residents must have access to sanitary facilities that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste. (6) Thermal environment. The housing must have any necessary heating/cooling facilities in proper operating condition. (7) Illumination and electricity. The structure must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the structure. (8) Food preparation. All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (9) Sanitary conditions. The housing must be maintained in a sanitary condition. (10) Fire safety. There must be at least one working smoke detector on each occupied level of the residences. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the housing must have at least one working smoke detector. Public areas include, but are not limited to, laundry rooms, community rooms, hallways, stairwells, and other common areas. There must be a second means of exiting the building in the event of fire or other emergency. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 46 I6D7 EXHIBIT G COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; develop the performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG funds; and develop funding, policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate,to the maximum extent practicable,ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582) (2) Supportive Housing Program (24 CFR part 583) (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882) (4) HUD-Veterans Affairs Supportive Housing (HUD—VASH) (division K, title II, Consolidated Appropriations Act,2008,Pub. L. 110-161 (2007),73 FR 25026(May 6, 2008)) (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII—B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. )) (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act(42 U.S.C. 290aa-5) (7) Healthcare for the Homeless (42 CFR part 51c) (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)) (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc-21 et seq.)) (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act) (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)) (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)) (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021)) (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043) The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 47 6D7 , (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61) (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031) (17) Homeless Veterans Dental Program (38 U.S.C. 2062) (18) Supportive Services for Veteran Families Program (38 CFR part 62) (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031) (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing,health,social services, employment,education,and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under Section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990) (2) Housing programs receiving tenant-based or project-based assistance under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983) (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891) (4) HOME Investment Partnerships Program (24 CFR part 92) (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265) (6) Health Center Program (42 CFR part 51 c) (7) State Children's Health Insurance Program (42 CFR part 457) (8) Head Start(45 CFR chapter XIII, subchapter B) (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96) (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.) (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening,assessment, and referral of program participants is consistent with the written standards required by paragraph(e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. At a minimum, these written standards must include: (1) Standard policies and procedures for evaluating individuals'and families'eligibility for assistance under ESG. (2) Standards for targeting and providing essential services related to street outreach. The Shelter for Women&Children,Inc. ES21-03 f. Shelter Operations Page 48 16Di (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g.,victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest. (4) Policies and procedures for assessing,prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter. (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re-housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable). (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re-housing assistance. (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re- housing assistance. (8) Standards for determining how long a program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time. (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide a program participant, including the limits, if any, on the homelessness prevention or rapid re-housing assistance that each program participant may receive; such as the maximum amount of assistance, maximum number of months the program participant receives assistance, or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered in a comparable database must not be entered directly into or provided to an HMIS. The Shelter for Women&Children,Inc. ES21-03 Shelter Operations Page 49 I6D7 MEMORANDUM Date: October 5, 2021 To: Catherine Sherman, Grants Coordinator Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Agreement between Collier County Sunrise Community of Southwest Florida, Inc. — CDBG Grant Program — Construction/Rehabilitation Enclosed please find two (2) original of each document referenced above (Agenda Item #16D7), approved by the Board of County Commissioners on Tuesday, June 22, 2021. The Minutes & Records Department has retained an original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Enclosures 1 6 D7 FAIN# B-19-UC-12-0016 B-21-UC-12-0016 Federal Award Date October 1,2021 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $106,380.00 Funds Awarded Subrecipient Name Sunrise Community of Southwest Florida, Inc. DUNS# 117359324 FEIN 59-1796622 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2021-12/31/2022 Fiscal Year End 6/30 Monitor End: 12/2027 AGREEMENT BETWEEN COLLIER COUNTY AND SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. CDBG Grant Program—Construction/Rehabilitation c_1 THIS AGREEMENT is made and entered into this 2i day ofAkki.. 2021, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Tamiami Trail,Naples FL 34112,and Sunrise Community of Southwest Florida, Inc.(SUBRECIPIENT), a private non-profit organization having its principal office at 9040 Sunset Drive, Miami,FL 33173. WHEREAS,the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended);and WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG Program with Resolution 2021-l,'S1 on June 22,2021 —Agenda Item“,..974 and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual Action Plan,on May 1, 2021,with a 30-day Citizen Comment period from May 1, 2021 to June 1, 2021; and WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 1 4r, 16D7 WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project—(CD21-06) Shelter to Thrive. NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the Parties 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 CDBG assistance as provided herein and, as determined by Collier County Community and Human Services(CHS)Division, perform the tasks necessary to conduct the program as follows: Project Name: Shelter to Thrive Description of project and outcome: CHS,as an administrator of the CDBG program,will make available CDBG FY 2021-2022 funds up to the gross amount of$106,380.00 to Sunrise Community of Southwest Florida,Inc.to fund:Exterior improvements to Sunrise's Adult Day Training Center in Naples,which may include but are not limited to installation of windows, painting,waterproofing, and replacement of stucco. The project will be defined in the project plans,specification and schedule of values. Project Component One: Permitting Project Component Two: Exterior improvements which may include but are not limited to installation of windows,painting,waterproofing, and replacement of stucco. The property will be deed restricted for five(5)years commencing on the date of initially meeting one of the National Objectives,in accordance with 24 CFR 570.505,if applicable. 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 project excluding Public Service projects. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 2 d"� 1 6 D 7 • Conflict of Interest Policy • Procurement Policy ❑ Uniform Relocation Act Policy • Sexual Harassment Policy • Section 3 Policy • Section 504/ADA Policy • Fraud,Waste,and Abuse Policy ▪ Language Assistance and Planning Policy(LAP) • Violence Against Women Act(VAWA)Policy • LGBTQ Policy C. Environmental Review Requirement (ERR) -No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training— All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition,must be submitted to the Grant Coordinator,in writing,at least 14 days,prior to the training. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1:Permitting $ 2,500.00 Project Component 2:Exterior improvements which may include but are not limited $ 103,880.00 to installation of windows, painting, waterproofing, and replacement of stucco. The project will be defined in the project plans,specification and schedule of values. Total Federal Funds: $ 106,380.00 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain beneficiary income certification documentation,and provide to the COUNTY as requested Maintain and provide National Objective Documentation SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Page 3 `b Shelter to Thrive 1607 ® Provide Quarterly Reports on National Objective and project progress • Ensure attendance by a representative from executive management at scheduled partnership meetings,as requested by CHS • Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings,prior to SUBBRECIPIENT issuance of Notice to Proceed(NTP) • Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation • Identify Lead Project Manager • Provide Site Design and Specifications • Comply with Davis-Bacon Labor Standards • Comply with Section 3 and maintain documentation • Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA),if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible • Ensure the applicable continued use period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA—Low/Mod Area Benefit LMC—Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate- income persons or households,in order to meet a CDBG National Objective.Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households.Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 4Qf s 'r I60 ? C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) Agreement Agreement execution Insurance Insurance Certificate Within 30 days of Agreement execution and Annually within thirty(30)days of renewal Detailed Project Schedule Project Schedule Within sixty(60)days of Agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Subcontractor Log Subcontractor Log Initially at construction start, and quarterly thereafter Progress Report Exhibit C Quarterly;within 10 days following the end of the quarter. Annually after closeout. Section 3 Report Quarterly report of new hire Quarterly;within 10 days information following the end of the quarter. Annually after closeout. Davis-Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following Payroll reports,forms, and supporting issuance of payroll checks documentation Annual Audit Monitoring Exhibit E Annually:nine(9)months after Report FY end for Single Audit OR one hundred eighty(180)days after FY end Financial and Compliance Audit Audit,Management Letter,and Annually:nine(9)months after Supporting Documentation FY end for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit, if Annually;for five(5)years after applicable meeting the National Objective Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion of construction.Annually through the period of continued use Program Income Reuse Plan Plan Approved by the COUNTY Not applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1:Permitting Submission of supporting documents Submission of must be provided as backup,as evidenced monthly invoices, by check stubs,bank statements,copy of within 30 days of the permits,and any other additional prior month. documentation as requested. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 5 I6Dr Project Component 2: Exterior Submission of supporting documents Submission of improvements which may include must be provided as backup,as evidenced monthly invoices, but are not limited to installation by banking documents,completed AIA within 30 days of the of windows,painting, G702-1992 form, or equivalent document prior month. waterproofing,and replacement per contractor's Schedule of Values,and of stucco. The project will be any additional documents as needed. defined in the project plans, specification and schedule of 10%retainage of the award amount or values. project costs,whichever is less,will be released upon final monitoring clearance and meeting a National Objective. For clarity,the County will not withhold 10%on each payment,rather,the last 10%will only be paid as previously specified. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective.Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1,2021 and shall end on December 31,2022. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement.Extensions must be authorized,in writing,by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED AND SIX THOUSAND, THREE HUNDRED AND EIGHTY DOLLARS AND ZERO CENTS ($106,380.00) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope.Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners(Board)approval. The COUNTY shall reimburse 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 CDBG funds until funds are needed for eligible costs;and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 6 ,r, 16Q7 during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during that month,or if SUBRECIPIENT is not yet prepared to send the required backup,a$0 invoice is required.Explanations may 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 after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles)of the 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 may only incur direct costs that may be attributed specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E.The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier,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 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 7 l6n ? other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Catherine Sherman,Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email: Catherine.Sherman(c�colliercountyfl.gov Telephone: (239)252-1425 SUBRECIPIENT ATTENTION:Niles Dookie, Grants and Development Manager SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. 9040 Sunset Drive Miami,Florida 33173 A 1"1'bNTION: Cassandra Beaver,Director of Operations SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. 4227 Exchange Avenue Naples,Florida 34104 Email:NDookie@sunrisegroup.org CassandraBeaver(a,sunrisegroup.org Telephone: (305)273-3065 (239)643-5338 Remainder of Page Intentionally Left Blank SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 8 1 6 D 7 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, SUBRECIPIENT shall make available for review, inspection, or audit all records,documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 The determination of Federal Award amounts 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 570.506, to determine compliance with the requirements of this Agreement,the CDBG Program,and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail 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. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 9 16D7 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, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334.However, if any litigation,claim, or audit is started before the expiration date of the three(3)year period,the records will be maintained until all litigation, claim,or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of this Agreement,the COUNTY shall be informed, in writing,of the address where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall 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 exempt or confidential public records that are exempt from public records disclosure requirements.All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF 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 239-252-6832, Michael.Cox(u�colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how compliance with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has been received were accomlished.This includes special requirements,such as necessary and appropriate determinations as defined in 24 CFR 570.208,income certification,and written agreements with beneficiaries,where applicable. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 10 y�y Cte'. 16D7 H. 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 Chapter 119,Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the SUBRECIPIENT shall submit information and status reports required by CHS or HUD,to enable CHS to evaluate said progress and allow for completion of required reports.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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS,Agreement suspension or termination procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 11 44 C4 16D7 other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with 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 fraud,waste,and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or to any appropriate law enforcement authority,if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement.Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers, or any entity receiving grant funds from CHS.The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT,as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY,at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration, as set forth in Resolution No.2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 12 I 6 0 ? certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,to be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY,at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No.2013- 228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant,CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No.2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 of this Agreement,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April,July, and October,respectively,for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT 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,which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee if the 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. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. a� CD21-06 1 Shelter to Thrive Page 13 ! 607 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants),including subpart K of these regulations,except that(1) SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the federal procurement process; and (4) for Developers, revenue generated is not considered program income.The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable 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 funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY 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 from the COUNTY. 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 Board.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, available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or schedule of the activities to SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 14 1607 be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment,signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds,or the reduction of funds awarded by HUD to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the COUNTY may terminate this Agreement,which shall be effective,as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment,that the funds are no longer available. In the event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold harmless the 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'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 there- on. 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 COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships,research reports,and similar public notices,whether printed SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 15 C, 16D7 or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.341,this Agreement may 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,in the case of a partial termination,if the COUNTY determines 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.This Agreement may also be terminated by the COUNTY,if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200,Appendix II(A): A. SUBRECIPIENT's 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. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 16 ;) 1 6D7 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, in compliance with 2 CFR 200,Appendix II (B): 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 SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions,if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract,or other covered transaction,as outlined in Executive Orders 12549(1986)and 12689(1989),Suspension and Debarment and 2 CFR 200.214,as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary.Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 — Shelter to Thrive Page 17 r 1607 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS 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, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant(24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing thresholds are: Range: Competition Required $0-$50,000 3 Written Quotes $50,001+ Formal Solicitation(ITB,RFP, etc.) In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase,acquisition,or use of goods,products,or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion,per 2 CFR 200,Appendix II(J)and 2 CFR 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS,which shall have access to all records and documents related to the Project. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated.However,if Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 18 .s Pql 1607 SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income(as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program,for further reallocation. Public Facilities and Improvements:Public facilities that are acquired,constructed,rehabilitated, or otherwise improved with CDBG funds are subject to this requirement. This includes parks, libraries, community centers, and any other facility whose primary purpose is a public one. For these facilities,Program Income is the income generated by the use of the facility,less the operating costs associated with generating the income.The COUNTY considers utilities,property insurance, and facility maintenance to be operating costs that should be subtracted from revenue to determine net program income.For each funded project,the SUBRECIPIENT must submit to the COUNTY for approval,a list of proposed costs incidental to the generation of the program income. Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part,with CDBG funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208, during the continued use period as referenced in section 3.14(Grant Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property,after subtracting disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of, or improvement to,the property under the terms of this Agreement. Such payment shall constitute program income to the COUNTY. 3.15 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 five (5) year continued use period has been met. The continued use period shall commence with the later of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction documentation. Activities during this closeout period shall include, but are not limited to making final payments;disposing of program assets(including the return of all unused materials, equipment,program income balances,and receivable accounts to the COUNTY);and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records maintenance,preservation,and retention.A conflict between state and federal records retention law 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 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 19 _ ! 6D7 returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act.Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 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 based on 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. In addition, to the greatest extent feasible, 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. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority 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 that is 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 women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons, or presumed to be low- to moderate- income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household.This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3,Chapter 5. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 20 �; 16D7 If the project is located in an entitlement city as defined by HUD, or serves beneficiaries countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action Program will need to be updated throughout the continued use period and must be submitted to the COUNTY within 60 days of any update/modification. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner or degree with the performance of this Agreement,and that no person having any conflict of interest shall be employed by or subcontracted by SUBRECIPIENT.The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person,or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified,and the costs are reasonable.Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, 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. 3.21 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement. Contractors who apply or bid for an award of$100,000 or more shall file the required certification. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 21 Ny/ty• 1 6 D 7 3.22 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion,and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion, and will not limit such services or give preference to persons based on 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 it does not use direct CDBG funds to support any inherently religious activities,such as worship,religious instruction,or proselytizing. D. The funds shall not be used for the acquisition,construction,or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities,CDBG funds may not exceed the cost of those portions of the acquisition,construction,or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,neglect, or exploitation of a child,aged person,or disabled person. 3.24 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. 3.25 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives,and assigns of such other party in respect to all covenants of this Agreement. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 22 1607 The SUBRECIPIENT represents and warrants that the financial data,reports,and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agrement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida,without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal,state, and municipal laws, ordinances, regulations, orders, and guidelines,including but not limited to any applicable regulations issued by the DIVISION. Electronic Signatures. This Agreement,and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 23 i 16D7 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl 4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5 4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://www.hud.gov/program_offices/comm_planning/community development/rulesandregs/law s/sec5309 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act.https://www.hud.gov/sites/documents/DOC 7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-titl e24-vo 13-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC§2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.hud.gov/programdescription/title6 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 24 'e,, l6D7 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that,to the greatest extent feasible,opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible,priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135 main 02.tpl SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 25 `r. 1�s i 6 Q7 4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.comell.edu/uscode/text/42/chapter-76 11246:https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478:https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executi.ve-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edulcfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended. https://www.fhwa.dot.gov/real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act:42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-section276a- 7&num=0&edition=1999 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 https://www.law.cornell.edu/cfr/text/29/part-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) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 26 , +3„ 16D7 subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010- title 18.pdf 40 U.S.C.276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40- section276c&num=0&edition=1999 4.17 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.archives.gov/federal-register/codification/executive-order/11625.htm1 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act(HCDA)are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3 f8eaa991 f0411 f3 83b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5 70 1607 E.O. 13279:http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988. https://wvvw.ncbi.nlm.nih.gov/pubmed/12289709 4.20 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl 4.21 2 CFR 200.216 —Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that use(s) covered telecommunications equipment or services as a substantial component of any system,or as critical technology as part of any system. 4.22 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 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 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 27 {_ 1 6 0 7' 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- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.col li ergov.net/home/showdocument?id=35137 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 that 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 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 adjudicated in Collier County,Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WANE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.27 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf https://www.law.comell.edu/uscode/text/33/chapter-26 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 —� Shelter to Thrive Page 28 1 7 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.cornell.edu/cfr/text/24/570.605 4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-tit1e24-vo13/CFR-2000-title24-vo13-sec570-608-id 163 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. https://www.nps.gov/history/local-law/nhpa1966.htm https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf 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. https://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.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title41-chap 10- sec701 4.32 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-regi ster/codification/executive-order/12549.html 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 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Page 29 Shelter to Thrive •rs F„9 y 1607 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 200.345,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. https://www.ecfr.gov/cgi-bin/text- idx?S ID=5a78addefff9a535e83fed3010308aef&mc--true&node=se2.1.200_1344&rgn=div8 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 CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of$25,000,must adhere to the CDBG Regulations at 24 CFR 570.505. https://www.Qpo.gov/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-volt-sec24-101 https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vo13-sec570-505 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. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.html 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 Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 30 ri" I6D7 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. https://www.gsa.gov/portal/content/104877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs,per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24_part5 subpartA section5.106 4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined in §5.100,required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling,consistent with 12 U.S.C. 1701x,per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.cornell.edu/cfiltext/24/5.111 4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence,dating violence,sexual assault,and stalking, regardless of sex,gender identity,or sexual orientation,and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11/16/2016-25 888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hires prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400- 0499/0448/0448.html 4.44 Florida Statutes 713.20,Part 1,Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.45 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL-0100- 0199/0 l 1 9/Sections/0119.021.html 4.46 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 31 , >,) 16D7 4.47 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context,except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.50 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization 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 obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.51 False Claim;Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor,or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,or similar misconduct involving subaward agreement funds 4.52 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 32 �ir • 16 CI utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 4.54 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://oj p.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries,without the express prior written approval of OW. 4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental,or research work under this funding agreement,the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTML (Signature Page to Follow) SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 33 16D7 IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY,have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOA• • OF '0 . Y COMMIS ' RS OF CRYSTAL K. NZEL,CLERK COLLI :._e 0 TY,FLORIDA/ By: // / '., ' u Cl 'EIVNY TA 174R,CHAIRPE T ON A 't as to Chairman'" Site+Irri+,,,s., ' ,) c' Date: to 12 z Z ' , .�a ,5"J f t,'a�Dated: 5SUNRISE COMMUNITY OF SOUTHWEST � FLORIDA, INC. (SEAL) I 1 )By: Qpeu.,.. ,� J2_, JOF.KELLEHER, CFO— SECRETARY/TREASURER Date: `I I W(7/0 0 Approved as to form and I ality: Jennifer A. Belpedio �2\ Assistant County Attorney :\ Date: Cc, 'oZ a,A , SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 34 ! 6D7 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County,do 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1—3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two(2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 35 I 6 97 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 Agreement: 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 Agreement in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 36 16D7 EXHIBIT B COLLIER COUNTY COMMUNITY& HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Sunrise Community of Southwest Florida, Inc. SUBRECIPIENT Address: 9040 Sunset Drive,Miami,FL 33173 Project Name: Shelter to Thrive Project No: CD21-06_ Payment Request# Total Payment Minus Retainage Period of Availability: 10/01/2021 _through 12/31/2022 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request)(includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required$15,000 and Division Director(Approval Required above) $15,000 and above) SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 37 I 6 D7 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10) days of the end of each calendar quarter.At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Sunrise Community of Southwest Date: Florida,Inc. Project Title: Shelter to Thrive IDIS#: Program Contact: Telephone Number: Activity Reporting Period Report Due Date October 1st—December 31" January 10th January 1st—March 31" April 10th April 1st—June 30th July 10th July 1st—September 30th October 10th REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): 12/31/21 3/31/22 6/30/22 9/30/22 Please note: The CDBG/HOME/ESG Program year begins October 1,2021—December 31,2022.Each quarterly report must include cumulative data beginning from the start of the program year October 1,2021. 1. Please list the outcome goal(s)from your approved application and SUB RECIPIENT Agreement and indicate your progress in meeting those goals since October 1,2021. a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement Outcome 1: A minimum of sixty(60)adult persons with disabilities shall benefit from the Shelter to Thrive improvements. Outcome 2: Document that 100%of adult persons with disabilities served are presumed by HUD to be low- income persons to meet a CDBG LMI/LMC National Objective. Outcome 3: Construction will be fully completed prior to the agreement end. 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 project schedule: Yes ❑ No ❑ If No,Explain: 3. Since October 1,2021;of the persons assisted,how many... Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 38 1607 I I I Funds I I 5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if applicable? Answer question 5a or 5b;NOT both For LMC activities: people,race/ethnicity,and income data are reported by persons. For LMH activities: households,race/ethnicity,and income level are reported by households,regardless the number of persons in the household. a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0 (LMC) Quarter Total No.of Persons 0 Quarter Total No.of Persons 0 b. Total No.of Households served 0 Total No.of female head of household 0 (LMH) 6. What is the total number of UNDUPLICATED clients served since October,if applicable? Answer question 6a or 6b,NOT both For LMC activities:race/ethnicity and income data are reported by persons. a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0 (LMC) YTD Total: 0 YTD Total 0 b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8,NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC)Quarter (LMC)YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this quarter who fall into each presumed benefit persons served since October 1 who fall into each category(the total should equal the total in question#6a presumed benefit category(the total should equal the or 6b): total in question#6a or 6b): a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into (the total should equal the total in question#6): each income category (the total should equal the total SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 39 i-) )� / T .s 16D7 in question#6): a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0 Income(0-30%) LI Low Income(31-50%) 0 LI Low Income 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income 0 (51-80%) NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0 Income(>80%) Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area(LMA)? YES NO • Was project completed this quarter? YES NO If yes,complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage Beneficiaries 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial&Ethnic Data(if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October(YTD)fall into each race category.In category.In addition to each race category,please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.) question 6.) a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African American&White 0 0 Black/African American& 0 0 White American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0 Native&Black/African Black/African American American Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 40 160 ? EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than$5,000, multiply that amount by the rate specified by HUD(applicable rate 0 .06%)and enter results in B(c),otherwise leave blank. B(c) SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 41 I Q C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses,and greater of overtime) box B(b)or 1 box B(c), 2 above, in 3 box C(e) below) 4 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. 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 Section 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 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 42 I 7 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50th of the Very Low Income(60 percent of VLI)percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 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 on the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County,Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age American Native Other Indian Asian Black Hawaiian or White 0—25 26—40 41—61 62+ Other Pac. Islander Hispanic Non- Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 43 1607 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Sunrise Community of Southwest Florida, Inc. Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been U met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 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 management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is _ included separate from the written response provided within the audit 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 Print Name and Title 06/18 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CD21-06 Shelter to Thrive Page 44 I 6 0 7 MEMORANDUM Date: October 5, 2021 To: Catherine Sherman, Grants Coordinator Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Agreement between Collier County Sunrise Community of Southwest Florida, Inc. — CDBG Grant Program — Public Services Enclosed please find two (2) original of each document referenced above (Agenda Item #16D7), approved by the Board of County Commissioners on Tuesday, June 22, 2021. The Minutes & Records Department has retained an original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Enclosures 1 6 D7 FAIN # B-21-UC-12-0016 Federal Award Date October 1,2021 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $98,000.00 Funds Awarded Subrecipient Name Sunrise Community of Southwest Florida, Inc. DUNS# 1 17359324 FEIN 59-1796622 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2021-9/30/2022 Fiscal Year End 6/30 Monitor End: 12/2022 AGREEMENT BETWEEN COLLIER COUNTY AND SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. CDBG Grant Program—Public Services THIS AGREEMENT is made and entered into this7a'=day of 2021, by and between Collier County, a political subdivision of the State of Florida,(COUNTY) having its principal address at 3339 E Tamiami Trail,Naples FL 34112,and Sunrise Community of Southwest Florida, Inc. (SUBRECIPIENT), a private non-profit organization having its principal office at 9040 Sunset Drive,Miami,FL 33173. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended);and WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG Program with Resolution 2021-131 on June 22,2021 —Agenda Item16.Q7; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual Action Plan, on May I, 2021,with a 30-day Citizen Comment period from May 1, 2021 to June 1, 2021; and WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program;and SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 1 Od 1607 WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project—(PS21-02)Free To Be Me—Transportation Service. NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the Parties 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 CDBG assistance as provided herein and, as determined by Collier County Community and Human Services(CHS)Division, perform the tasks necessary to conduct the program as follows: Project Name: Free To Be Me—Transportation Service Description of project and outcome: CHS, as an administrator of the CDBG program, will make available CDBG FY 2021-2022 funds up to the gross amount of$98,000.00 to Sunrise Community of Southwest Florida, Inc. to be used to support salaries for staff and drivers to transport persons with disabilities. Project Component One:Activities will include but are not limited to:staff managed transportation and activity supervision for adult persons with disabilities allowing them to access vital life skills, which may include community inclusion events, employment training, day training, medical appointments,wellness activities,prescription pickup,shopping,and other vital activities for daily living. Beneficiaries may be transported to various sites to enhance their life learning and social skills. 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 project excluding Public Service projects. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: • Affirmative Fair Housing Policy • Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy ❑ Procurement Policy ❑ Uniform Relocation Act Policy SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 z3 Free To Be Me—Transportation Services Page 2 , 160 ? • Sexual Harassment Policy • Section 3 Policy • Section 504/ADA Policy • Fraud,Waste,and Abuse Policy • Language Assistance and Planning Policy(LAP) • Violence Against Women Act(VAWA)Policy ▪ LGBTQ Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the • SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training— All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition,must be submitted to the Grant Coordinator,in writing,at least 14 days,prior to the training. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: CDBG funds are to support salaries for staff and drivers to $98,000.00 transport persons with disabilities. Activities will include but are not limited to:staff managed transportation and activity supervision for adult persons with disabilities allowing them to access vital life skills, which may include community inclusion events, employment training, day training, medical appointments, wellness activities, prescription pickup, shopping, and other vital activities for daily living. Beneficiaries may be transported to various sites to enhance their life learning and social skills. Total Federal Funds: $98,000.00 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 3 trAif, 6D7 • Maintain beneficiary income certification documentation,and provide to the COUNTY as requested • Maintain and provide National Objective Documentation • Provide Quarterly Reports on National Objective and project progress • Ensure attendance by a representative from executive management at scheduled partnership meetings,as requested by CHS ❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings,prior to SUBBRECIPIENT issuance of Notice to Proceed(NTP) ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis-Bacon Labor Standards ▪ Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA),if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable continued use period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA—Low/Mod Area Benefit • LMC—Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate- income persons or households,in order to meet a CDBG National Objective.Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 4 . ;. 16D7 (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) Agreement Agreement execution Insurance Insurance Certificate Within 30 days of Agreement execution and Annually within thirty(30)days of renewal Detailed Project Schedule Project Schedule Not applicable Project Plans and Specifications Site Plans and Specifications Not applicable Subcontractor Log Subcontractor Log Not applicable Progress Report Exhibit C Quarterly;within 10 days following the end of the quarter. Annually after closeout. Section 3 Report Quarterly report of new hire Quarterly;within 10 days information following the end of the quarter. Annually after closeout. Davis-Bacon Act Certified Weekly Certified Payroll Not applicable Payroll reports,forms, and supporting documentation Annual Audit Monitoring Exhibit E Annually:nine(9)months after Report FY end for Single Audit OR one hundred eighty(180)days after FY end Financial and Compliance Audit Audit,Management Letter,and Annually:nine(9)months after Supporting Documentation FY end for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit,if Not applicable applicable Capital Needs Assessment Plan Plan approved by the COUNTY Not applicable Program Income Reuse Plan Plan Approved by the COUNTY Not applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: CDBG Submission of supporting documents Submission of funds are to support salaries for must be provided as backup,as evidenced monthly invoices, staff and drivers to transport by invoice,timecards,payroll within 30 days of the persons with disabilities. registers/summary,driver logs,canceled prior month. checks or banking documents,Exhibit B, Activities will include but are not and any other additional documentation limited to: staff managed as requested. transportation and activity SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 5 ib07 supervision for adult persons with disabilities allowing them to access vital life skills, which may include community inclusion events, employment training, day training, medical appointments, wellness activities, prescription pickup, shopping, and other vital activities for daily living. 10%retainage released upon final monitoring clearance and meeting the Beneficiaries may be transported National Objective. to various sites to enhance their life learning and social skills. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective.Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1,2021 and shall end on September 30,2022. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement.Extensions must be authorized,in writing,by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available NINETY-EIGHT THOUSAND DOLLARS AND ZERO CENTS ($98,000.00) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter,shall be referred to as the"Funds"). Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope.Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners(Board)approval. The COUNTY shall reimburse 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 CDBG funds until funds are needed for eligible costs;and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during that month,or if SUBRECIPIENT is not yet prepared to send the required backup,a$0 invoice is required.Explanations may be required if two consecutive months of$0 invoices are submitted.Payments shall be made to the SUBRECIPIENT,when requested,as SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 6 - 16D7 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 after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles)of the 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 may only incur direct costs that may be attributed specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E.The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier,personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Catherine Sherman,Grant Coordinator SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 7 1607 Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email: Catherine.Sherman@colliercountyfl.gov Telephone: (239)252-1425 SUBRECIPIENT A F1'bNTION:Kirk Zaremba,Director of Grants and Development SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. 9040 Sunset Drive Miami,Florida 33173 ATTENTION: Cassandra Beaver,Director of Operations SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. 4227 Exchange Avenue Naples,Florida 34104 Email:KZaremba@sunrisegroup.org CassandraBeaver@sunrisegroup.org Telephone: (305)273-3055 (239)643-5338 Remainder of Page Intentionally Left Blank SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 8 1 6 07 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, SUBRECIPIENT shall make available for review, inspection, or audit all records,documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 The determination of Federal Award amounts 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 570.506, to determine compliance with the requirements of this Agreement,the CDBG Program,and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail 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. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. P521-02 Free To Be Me-Transportation Services Page 9 i6Qi 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, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334.However, if any litigation, claim, or audit is started before the expiration date of the three(3)year period,the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of this Agreement,the COUNTY shall be informed,in writing,of the address where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall 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 exempt or confidential public records that are exempt from public records disclosure requirements.All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF 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 239-252-6832, Michael.Cox(a,colliercountvfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how compliance with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has been received were accomlished.This includes special requirements,such as necessary and appropriate determinations as defined in 24 CFR 570.208,income certification,and written agreements with beneficiaries,where applicable. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 10 1607 H. 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 Chapter 119,Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the SUBRECIPIENT shall submit information and status reports required by CHS or HUD,to enable CHS to evaluate said progress and allow for completion of required reports.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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS,Agreement suspension or termination procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 11 1 607 other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with 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 fraud,waste,and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement.Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers, or any entity receiving grant funds from CHS.The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT,as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY,at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration, as set forth in Resolution No.2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 12 l61D7 certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,to be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY,at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant,CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 of this Agreement,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April,July, and October,respectively,for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT 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,which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee if the 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. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 13 1 6 D7 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations,except that(1) SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the federal procurement process; and (4) for Developers, revenue generated is not considered program income.The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable 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 funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY 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 from the COUNTY. 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 Board.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, available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or schedule of the activities to SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 14 1 6 D 7 be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment,signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds,or the reduction of funds awarded by HUD to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the COUNTY may terminate this Agreement,which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment,that the funds are no longer available. In the event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold harmless the 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'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 there- on. 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 COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships,research reports,and similar public notices,whether printed SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. P521-02 Free To Be Me—Transportation Services Page 15 1 6 D7 or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.341,this Agreement may 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,in the case of a partial termination,if the COUNTY determines 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.This Agreement may also be terminated by the COUNTY,if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200,Appendix II(A): A. SUBRECIPIENT's 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. SUBRECIPIENT's failure, for any reason,to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 16 i607 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, in compliance with 2 CFR 200, Appendix II(B): 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 SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions,if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract,or other covered transaction,as outlined in Executive Orders 12549(1986)and 12689(1989),Suspension and Debarment and 2 CFR 200.214,as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 17 N lb07 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS 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, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant(24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing thresholds are: Range: Competition Required $0-$50,000 3 Written Quotes $50,001+ Formal Solicitation(ITB,RFP, etc.) In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase,acquisition,or use of goods,products,or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II(J) and 2 CFR 200.323. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion,per 2 CFR 200,Appendix II(J)and 2 CFR 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS,which shall have access to all records and documents related to the Project. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated.However,if Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 18 l6D7 SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income(as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program,for further reallocation. 3.15 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 expiration of the Agreement.Activities during this closeout period shall include,but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment,program income balances,and receivable accounts to the COUNTY);and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records maintenance,preservation,and retention.A conflict between state and federal records retention law 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 exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act.Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 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 based on 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. In addition, to the greatest extent feasible, 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. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 19 1 6D7 • 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority 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 that is 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 women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons, or presumed to be low- to moderate- income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household.This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. If the project is located in an entitlement city as defined by HUD, or serves beneficiaries countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action Program will need to be updated throughout the continued use period and must be submitted to the COUNTY within 60 days of any update/modification. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 20 , ,,. 1607 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 SUBRECIPIENT.The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person,or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable.Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, 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. 3.21 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement. Contractors who apply or bid for an award of$100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion,and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion, and will not limit such services or give preference to persons based on 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 it does not use direct CDBG funds to support any inherently religious activities,such as worship,religious instruction,or proselytizing. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 21 \, 16D7 D. The funds shall not be used for the acquisition,construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities,CDBG funds may not exceed the cost of those portions of the acquisition, construction,or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,neglect, or exploitation of a child,aged person,or disabled person. 3.24 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. 3.25 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives,and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represents and warrants that the financial data,reports,and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agrement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida,without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines,including but not limited to any applicable regulations issued by the DIVISION. Electronic Signatures. This Agreement,and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. P521-02 Free To Be Me—Transportation Services Page 22 1 6 07 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl 4.2 24 CFR 58-The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.5 8&rgn=div5 4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://www.hud.gov/program offices/commjlanning/communitydevelopment/rulesandregs/law s/sec5309 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-titl e24-vo 13/pdf/CFR-2007-titl e24-vo l3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC§2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT,state that it is an Equal Opportunity or Affirmative Action employer. https://www.hud.gov/programdescription/title6 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 23 1607 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that,to the greatest extent feasible,opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible,priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135 main 02.tpl SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 24 1 6 D7 4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246:https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended. https://www.fhwa.dot.gov/real estate/uniform act/index.cfin 4.15 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act:42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-section276a- 7&num=0&editi on=1999 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 https://www.law.cornell.edu/cfr/text/29/part-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) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects.https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 25 16D7 subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo.nov/content/pkg/USCODE-2010-title 18/pdf/USCODE-2010- title 18.pdf 40 U.S.C.276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40- section276c&num=0&edition=1999 4.17 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.archives.gov/federal-register/codification/executive-order/11625.html 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act(HCDA)are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3 f8eaa991 f0411 f3 83b74003 bcb 1&mc=true&node=pt24.3.570&rgn=di v5#se24.3.5 70 1607 E.O. 13279:http://www.fedgovcontra.cts.com/pe02-96.htm 4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 4.20 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl 4.21 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that use(s) covered telecommunications equipment or services as a substantial component of any system,or as critical technology as part of any system. 4.22 Immigration Reform and Control Act of 1986 https://www.eeoc.govieeoc/history/35th/thelaw/irca.html 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 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 26 1607 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- https://www.lawserver.com/law/state/florida/statutes/florida_statutes chapter 112 part iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 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 that 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 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 adjudicated in Collier County,Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.27 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf https://www.law.comel l.edu/uscode/text/33/chapter-26 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 27 1607 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA) may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.cornell.edu/cfr/text/24/570.605 4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vo13/CFR-2000-title24-vo13-sec570-608-id 163 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. https://www.nps.gov/history/loca1-law/nhpa1966.htm https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf 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. https://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.gpo.gov/fdsys/granule/USCODE-2009-title41/USCO.DE-2009-title41-chap 10- sec701 4.32 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-register/codification/executive-order/12549.htm1 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 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 28 ! 607 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 200.345,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. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535 e83fed3010308aef&mcrtrue&node=se2.1.200_1344&rgn=div8 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 CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol1/CFR-1999-title49-vol l-sec24-101 https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vol3-sec570-505 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. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&S earch_String=&UR L=0200-0299/0287/Secti ons/0287.13 3.htm I 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 Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 29 IISQ7 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. https://www.gsa.gov/portal/content/104877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs,per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24_part5 subpartA section5.106 4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined in §5.100,required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling,consistent with 12 U.S.C. 1701x,per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SI D=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.comell.edu/cfr/text/24/5.111 4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence,dating violence,sexual assault,and stalking, regardless of sex,gender identity,or sexual orientation,and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11/16/2016-25 888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hires prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfin?App mode=Display Statute&URL=0400- 0499/0448/0448.html 4.44 Florida Statutes 713.20,Part 1,Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.45 Florida Statutes 119.021 Records Retention http://www.leg.state.f.us/Statutes/index.cfin?App mode—Display Statute&URL-0100- 0199/0119/Sections/0119.021.htm l 4.46 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 30 16D7 4.47 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities.The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojmov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.49 Arrest and Conviction Records:Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.50 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization 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 obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.51 False Claim;Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor,or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,or similar misconduct involving subaward agreement funds 4.52 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 31 160 / utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 4.54 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds,either directly or indirectly,in support of any contract or subaward to either ACORN or its subsidiaries,without the express prior written approval of OW. 4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental,or research work under this funding agreement,the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTML (Signature Page to Follow) SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 32 t D7 IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOAR UNTYCOMMI SIF,NE'i. OF C:YSTAL K ZEL,CLERK COLL UN FLO' D .11 Ailk - B / G Cha'ritt n y MO/ PENNY TA OR,CHAIRPERSON ftest as toDate: L 2 Z I Z I b SUNRISE COMMUNITY OF SOUTHWEST Dated 5•96)-) FLORIDA, INC.(SEAL) faeoec_ By: ()rev, JOHN FELLEHER,CFO— SECRET Y/ REASURER �j Date: ` /1 ZM Approved as to form and legality: Jennifer A. Belpedio c Assistant County Attorney Date: Cc. ` a al \a SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 33 1 6 D 7 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County,do 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1—3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two(2)years after the certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 34 ,�a 1"s 16D7 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 Agreement: 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 Agreement in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 35 1607 EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Sunrise Community of Southwest Florida,Inc. SUBRECIPIENT Address: 9040 Sunset Drive,Miami,FL 33173 Project Name: Free To Be Me—Transportation Program Project No: PS21-02_ Payment Request# Total Payment Minus Retainage Period of Availability: 10/01/2021_through 09/30/2022 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2.Total Amount of Previous Requests $ $ 3.Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request)(includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required$15,000 and Division Director(Approval Required above) $15,000 and above) SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 36 t 607 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10) days of the end of each calendar quarter.At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Sunrise Community of Southwest Date: Florida,Inc. Project Title: Free To Be Me—Transportation Services IDIS#: Program Contact: Telephone Number: Activity Reporting Period Report Due Date October 1st—December 31 St January 10th January 1"—March 31" April 10th April 1"—June 30th July 10th July 1"—September 30th October 10th REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): 12/31/21 3/31/22 6/30/22 9/30/22 Please note: The HUD Program year begins October 1,2021—September 30,2022.Each quarterly report must include cumulative data beginning from the start of the program year October 1,2021. 1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1,2021. a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement Outcome 1: A minimum of forty(40)adult persons with disabilities shall benefit from transportation services during the performance period Outcome 2: Ensure quality of services by providing 3 trainings per quarter,to program staff and drivers. Outcome 3: Document that 100%of adult persons with disabilities served are presumed by HUD to be low- income persons to meet a CDBG LMI/LMC National Objective. 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 project schedule: Yes ❑ No n If No,Explain: 3. Since October 1,2021;of the persons assisted,how many... Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 37 16D7 Funds 5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if applicable? Answer question 5a or 5b;NOT both For LMC activities: people,race/ethnicity,and income data are reported by persons. For LMH activities: households,race/ethnicity,and income level are reported by households,regardless the number of persons in the household. a. Total No.Persons/Adults served(LMC) 0 Total No. persons served under 18 0 (LMC) Quarter Total No.of Persons 0 Quarter Total No.of Persons 0 b. Total No.of Households served 0 Total No.of female head of household 0 (LMH) 6. What is the total number of UNDUPLICATED clients served since October,if applicable? Answer question 6a or 6b,NOT both For LMC activities:race/ethnicity and income data are reported by persons. a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0 (LMC) YTD Total: 0 YTD Total 0 b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8,NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC)Quarter (LMC)YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this quarter who fall into each presumed benefit persons served since October 1 who fall into each category (the total should equal the total in question#6a presumed benefit category (the total should equal the or 6b): total in question#6a or 6b): a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into (the total should equal the total in question#6): each income category (the total should equal the total SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 38 I6Di in question#6): a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0 Income(0-30%) LI Low Income(31-50%) 0 LI Low Income 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income 0 (51-80%) NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0 Income(>80%) Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area(LMA)? YES NO Was project completed this quarter? YES NO If yes,complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage Beneficiaries 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial&Ethnic Data(if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October(YTD)fall into each race category.In category.In addition to each race category,please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.) question 6.) a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American0 0 American Indian/Alaska 0 0 Indian/Alaska Native Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African American&White 0 0 Black/African American& 0 0 White American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0 Black/African American Native&Black/African American Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 39 1607 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 0 .06%)and enter results in B(c),otherwise leave blank. B(c) SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me-Transportation Services Page 40 607 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses,and greater of overtime) box B(b)or 1 box B(c), 2 above, in 3 box C(e) 4 below) 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. 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 Section 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 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 41 I6Di E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50th of the Very Low Income(60 percent of VLI)percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 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 on the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County,Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age American Native Other Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+ Other Pac. Islander Hispanic Non- Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. P521-02 Free To Be Me—Transportation Services Page 42 16 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Sunrise Community of Southwest Florida, Inc. Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) 07/01/2021 06/30/2022 Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been 1 met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 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 management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we El 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 Print Name and Title 06/18 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC. PS21-02 Free To Be Me—Transportation Services Page 43 1 6 D 7 MEMORANDUM Date: October 5, 2021 To: Catherine Sherman, Grants Coordinator Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Agreement between Collier County Collier County Housing Authority— CDBG Grant Program — Construction /Rehabilitation Enclosed please find two (2) original of each document referenced above (Agenda Item #16D7), approved by the Board of County Commissioners on Tuesday, June 22, 2021. The Minutes & Records Department has retained an original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Enclosures i6137 FAIN# B-21-UC-12-0016 Federal Award Date 10/1/2021 _ Federal Award Agency HUD _ CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $500,000.00 Funds Awarded Subrecipient Name Collier County Housing Authority DUNS# 040977514 FEIN 59-1490555 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2021 —4/30/2023 Fiscal Year End 9/30 Monitor End: 12/2028 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY CDBG Grant Program—Construction/Rehabilitation THIS AGREEMENT is made and entered into this 7_ day of nAtDJ- 20021 by and between Collier County, a political subdivision of the State of Florida, (COUNTY)having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Housing Authority (SUBRECIPIENT), a a public body corporate and politic, created and existing under and by virtue of the laws of the State of Florida,Chapter 421 having its principal office at 1800 Farm Worker Way, Immokalee,FL 34142. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended); and WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG Program with Resolution 2021-1 N on June2?',2021 —Agenda Remit,Al, and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual Action Plan, on May 1, 2021, with a 30-day Citizen Comment period from May 1, 2021 to June 1, 2021; and WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 1 l6D7 WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project—(CD-04) HVAC Installation . NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties 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 CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: HVAC Installation Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY 2021-2022 CDBG funds up to the gross amount of$500,000.00 to Collier County Housing Authority to fund the rehabilitation of affordable housing units in Immokalee,FL, through the installation of Heating, Ventilation, and Air Conditioning systems. Project Component One: Installation of HVAC systems in affordable housing units, in Immokalee, FL The property will be deed restricted for five(5)years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 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 project . B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: Affirmative Fair Housing Policy • Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy • Procurement Policy • Uniform Relocation Act Policy COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 2 I6Q7 ® Sexual Harassment Policy ® Section 3 Policy Section 504/ADA Policy • Fraud,Waste, and Abuse Policy ® Language Assistance and Planning Policy(LAP) Violence Against Women Act(VAWA)Policy • LGBTQ Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. Annual Subrecipient Training—All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual SUBRECIPIENT Fair Housing training,except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition,must be submitted to the Grant Coordinator, in writing,at least 14 days, prior to the training. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Installation of HVAC systems in affordable housing units, in $500,000.00 Immokalee,FL Total Federal Funds: $500,000.00 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance • Maintain beneficiary income certification documentation,and provide to the COUNTY as requested Maintain and provide National Objective Documentation ® Provide Quarterly Reports on National Objective and project progress • Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 3 ^N.• 3. 16D7 ® Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings,prior to SUBBRECIPIENT issuance of Notice to Proceed(NTP) • Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation • Identify Lead Project Manager • Provide Site Design and Specifications • Comply with Davis-Bacon Labor Standards • Comply with Section 3 and maintain documentation • Provide certified payroll weekly throughout construction and rehabilitation ® Comply with Uniform Relocation Act(URA), if necessary • Ensure applicable numbers of units are Section 504/ADA accessible • Ensure the applicable continued use period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA—Low/Mod Area Benefit ❑ LMC—Low/Mod Clientele Benefit LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate- income persons or households, in order to meet a CDBG National Objective.Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables 1__ COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 4 16Q7 Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60) days of (Section 1.1) Agreement Agreement execution Insurance Insurance Certificate Within 30 days of Agreement execution and Annually within thirty(30)days of renewal Detailed Project Schedule Project Schedule Within sixty(60)days of Agreement execution Project Plans and Specifications Site Plans and Specifications Prior to contruction start Subcontractor Log Subcontractor Log Initially at construction start, and quarterly thereafter Progress Report Exhibit C Quarterly reports;within 10 days following the end of the quarter.Annually after closeout Section 3 Report Quarterly report of new hire Quarterly; within 10 days information following the end of the quarter. Annually after closeout. Davis-Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following Payroll reports, forms, and supporting issuance of payroll checks documentation Annual Audit Monitoring Exhibit E Annually,within 60 days of FY Report end Financial and Compliance Audit Audit,Management Letter, and Annually: nine(9)months after Supporting Documentation FY end for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit, if Annually; for five(5)years after applicable meeting the National Objective Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion of construction.Annually through the period of continued use Program Income Reuse Plan Plan Approved by the COUNTY N/A D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Installation Submission of Exhibit B and supporting Submission of of HVAC systems in affordable documents, as evidenced by banking monthly invoices, housing units, in Immokalee, FL documents, completed AIA G702-1992 within 30 days of the form,or equivalent document per prior month. contractor's Schedule of Values, and any additional documents as needed. 10%retainage of the award amount or project costs, whichever is less,will be released upon final monitoring clearance and meeting a National Objective. COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 5 1 6D7 ,.. For clarity,the County will not withhold 10%on each payment,rather,the last 10%will only be paid as previously specified. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1,2021 and shall end on April 30,2023. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing,by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($500,000.00) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the"Funds"). Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners(Board)approval. The COUNTY shall reimburse 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 CDBG funds until funds are needed for eligible costs;and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the required backup,a$0 invoice is required.Explanations may 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 after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. COLLIER COUNTY HOUSING AUTHORITY CD21-04 • HVAC Installation Page 6 l6D7 No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles)of the 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 may only incur direct costs that may be attributed specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E.The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: , Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Telephone: COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 7 16D7 SUBRECIPIENT ATTENTION: Oscar Hentschel, Executive Director Collier County Housing Authority 1800 Farm Worker Way Immokalee, Florida 34142 Email: oentschel@cchafl.org Telephone: (239) 657-3649 Remainder of Page Intentionally Left Blank COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 8 1617 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, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 The determination of Federal Award amounts 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 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail 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. COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 9 16D7 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, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334. However, if any litigation, claim, or audit is started before the expiration date of the three(3)year period,the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of this Agreement,the COUNTY shall be informed, in writing, of the address where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall 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 exempt or confidential public records that are exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF 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 239-252-6832, , 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how compliance with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has been received were accomlished.This includes special requirements,such as necessary and appropriate determinations as defined in 24 CFR 570.208,income certification,and written agreements with beneficiaries, where applicable. COLLIER COUNTY HOUSING AUTHORITY CD21-04 s' HVAC Installation Page 10 ( ,f•j u. l6D7 H. 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 Chapter 119,Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. 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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS,Agreement suspension or termination procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. COLLIER COUNTY HOUSING AUTHORITY " CD21-04 r • ) HVAC Installation Page 11 1607 SUBRECIPIENT shall provide COUNTY with 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 fraud,waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No.2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration, as set forth in Resolution No.2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,to be returned to the COUNTY. COLLIER COUNTY HOUSING AUTHORITY t4 CD21-04 `�° HVAC Installation Page 12 1 6 D 7 • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No.2013- 228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No.2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT 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,which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee if the 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. Remainder of Page Intentionally Left Blank COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 13 ' r , l6Q7 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent,if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that(1) SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the federal procurement process; and (4) for Developers, revenue generated is not considered program income.The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable 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 funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY 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 from the COUNTY. 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 Board. 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, available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 14 1 6D7 be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, or the reduction of funds awarded by HUD to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event,the COUNTY may terminate this Agreement,which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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' 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 there- on. 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 COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships,research reports,and similar public notices,whether printed COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 15 r j 16D7 or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may 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,in the case of a partial termination,if the COUNTY determines 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.This Agreement may also be terminated by the COUNTY,if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200,Appendix II(A): A. SUBRECIPIENT's 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. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 16 16Di 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, in compliance with 2 CFR 200, Appendix II(B): 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 SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction,as outlined in Executive Orders 12549(1986)and 12689(1989), Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 17 16D7 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS 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, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant(24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327)and Collier County's Procurement Ordinance#2017-08, as amended.Current purchasing thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation(ITB,RFP, etc.) In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase,acquisition,or use of goods,products,or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion,per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion,per 2 CFR 200,Appendix II(J)and 2 CFR 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS,which shall have access to all records and documents related to the Project. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated.However,if Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 18 ibo7 SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income(as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program,for further reallocation. Acq uisition/Improvement of Real Property:Real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part,with CDBG funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14(Grant Closeout Procedures)of this Agreement.If the SUBRECIPIENT disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal to the percentage of the current fair market value of the property,less any disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to CDBG and non- CDBG funds expended for the original acquisition of, or improvement to, the property under the terms of this Agreement. Such payment shall constitute program income to the COUNTY. 3.15 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 five (5) year continued use period has been met. The continued use period shall commence with the later of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction documentation. Activities during this closeout period shall include, but are not limited to making final payments;disposing of program assets(including the return of all unused materials, equipment,program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records maintenance,preservation,and retention.A conflict between state and federal records retention law 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 exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act.Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 19 1 6 D7 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 based on 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. In addition, to the greatest extent feasible, 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. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority 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 that is 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 women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons, or presumed to be low- to moderate- income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household.This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. If the project is located in an entitlement city as defined by HUD, or serves beneficiaries countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 20 l6D7 The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action Program will need to be updated throughout the continued use period and must be submitted to the COUNTY within 60 days of any update/modification. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement,and that no person having any conflict of interest shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person,or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, 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. 3.21 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement. Contractors who apply or bid for an award of$100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 21 I D7 A. It will not discriminate against any employee or applicant for employment based on religion,and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion, and will not limit such services or give preference to persons based on 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 it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition,construction,or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person,or disabled person. 3.24 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. 3.25 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represents and warrants that the financial data,reports,and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agrement. COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 22 tb07 The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida,without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the DIVISION. Electronic Signatures. This Agreement,and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 23 1 6 D 7 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main_02.tpl 4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=l acdb92f3b05c3 f285dd76c26d 14f54e&mc--true&node=pt24.1.58&rgn=div5 4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://www.hud.gov/program_offices/comm_plann ing/commun itydevelopment/rulesandregs/law s/sec5309 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259-Leadership& Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/cod.ification/executive-order/12259.html 24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-tit1e24-vo13/pdf/CFR-2007-tit1e24-vol3-secs 70- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC §2000e,et. seq.The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.hud.gov/programdescription/title6 COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 24 16II7 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that,to the greatest extent feasible,opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible,priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC_12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tpl COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 25 � 6Di 4.10 Age Discrimination Act of 1975,Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by BO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-section276a- 7&num=0&edition=1999 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 https://www.law.cornell.edu/cfr/text/29/part-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) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 26 16D7 subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo_gov/content/pkg/USCODE-2010-title 18/pdf/USCODE-2010- title18.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.17 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.archives.gov/federal-register/codification/executive-order/11625.html 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act(HCDA)are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa991 f0411 f3 83b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5 70 1607 E.O. 13279:http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/1 2289709 4.20 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl 4.21 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that use(s) covered telecommunications equipment or services as a substantial component of any system,or as critical technology as part of any system. 4.22 Immigration Reform and Control Act of 1986 https://www.eeoc.govieeoc/history/35th/thelaw/irca.html 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 COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 27 l60 / 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- https://www.lawserver.com/law/state/Forida/statutes/florida_statutes_chapter_l 12_part_iii Collier County- http://www.colliergov.net/home/showdocument?id=3 5137 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 that 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 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 adjudicated in Collier County,Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://wvvw.flsenate.gov/Laws/Statutes/2012/44.102 4.27 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-tit1e42/htm l/USCODE-2010-title42-chap 8 5.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-tit1e33- chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 28 ! 6D7 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA) may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.cornell.edu/cfr/text/24/570.605 4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vo13/CFR-2000-tit1e24-vol3-sec570-608-id 163 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. https://www.nps.gov/history/local-law/nhpa 1966.htm https://www.achp.gov/sites/default/files/regulations/2017-02/re gs-rev04.pdf 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. https://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.gpo.gov/fdsys/granule/USCODE-2009-title41/USCOD.E-2009-title41-chap 10- sec701 4.32 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-register/codification/executive-order/12549.html 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 COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 29 1 6D7 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 200.345,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. https://www.ecfr.gov/cgi-bin/text- idx?SID=5 a7 8 addefff9a5 3 5 e83 fed3 0103 0 8aef&mc=true&node=se2.1.200 13 44&rgn=d iv 8 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 CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. https://www.gpo.gov/fdsys/granule/CFR-1999-tit1e49-vol l/CFR-1999-title49-volI-sec24-101. https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-201.2-title24-vol3-sec570-505 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. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.13 3.htm1 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 Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 30 I 6 0 7 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. https://www.gsa.gov/portal/content/104877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs,per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24jart5_subpartA_section5.106 4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined in §5.100,required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e3 39ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.comell.edu/cfr/text/24/5.111 4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault,and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11/16/2016-25 8 88/vi olence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400- 0499/0448/0448.html 4.44 Florida Statutes 713.20,Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display Statute&URL=0700- 0799/0713/0713.html 4.45 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.46 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.071.html COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 31 I I07 4 4.47 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at hltp://www.lep.gov. 4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://oip.gov/aboutlocr/pdfs/UseofConviction Advisory.pdf for more details. 4.50 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization 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 obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.51 False Claim; Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee,agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.52 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 32 1 607 , utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 4.54 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries,without the express prior written approval of OW. 4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental,or research work under this funding agreement,the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTML (Signature Page to Follow) COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 33 1 6Q7 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOA' 1 O .'Ali/UNTY COM SIO RS OF CRYSTAL K. KINZEL, CLERK COLLI a' '•UNTY,FLORI ',,or ' . I A ,,_,4 �� By: 1aa� 011-41 ,i epu fi PENNY TA OR, CHAIRPERSON Date: 6iZZiL \ COLLIER COUNTY HOUSING AUTHORITY Dated: &W.- �i (SEAL) By: OSCAR HENT HEL, EXECUTIVE DIRECTOR Date: 43 - a . jK Approved as to form and legality: -.% ... Jennifer . Belpedio (Y� �'k�2 Assistant County Attorney S Date: C ' ala ` A COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 34 1607 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County,do 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2)years after the certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk"basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 35 I 6O7 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 Agreement: 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 Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis, in an amount not less than one hundred(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 36 1 6 a 7 EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: COLLIER COUNTY HOUSING AUTHORITY SUBRECIPIENT Address: 1800 Farm Worker Way,Immokalee, FL 34142 Project Name: HVAC Installation Project No: CD21-04_ Payment Request# Total Payment Minus Retainage Period of Availability: 10/1/2021_through 4/30/2023 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request)(includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required $15,000 and Division Director(Approval Required above) $15,000 and above) COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 37 1 607 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Collier County Housing Authority Date: Project Title: HVAC Installation IDIS#: Program Contact: Oscar Hentschel Telephone Number: (239)657-3649 Activity Reporting Period Report Due Date October 1"—December 31 St January 10th January 1"—March 31 St April 10th April 1"—June 30th July 10th July 1"—September 30th October 10th REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/21 3/31/22 6/30/22 9/30/22 Please note: The HUD Program year begins October 1,2021 —September 30,2022.Each quarterly report must include cumulative data beginning from the start of the program year October 1,2021. 1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1,2021. a. Outcome Goals:list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement Outcome 1: A minimum of fifty(50)households will benefit from the installation of HVAC units. Outcome 2: Documentation that at least 51%of persons served are Low-to-Moderate-Income households,to meet the CDBG LMI/LMH National Objective Outcome 3: Installation will be fully completed prior to the agreement end. 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 project schedule: Yes ❑ No ❑ If No,Explain: 3. Since October 1,2021;of the persons assisted,how many... Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ Funds COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 38 1607 5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if applicable? Answer question 5a or 5b;NOT both For LMC activities: people,race/ethnicity,and income data are reported by persons. For LMH activities: households,race/ethnicity,and income level are reported by households,regardless the number of persons in the household. a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0 (LMC) Quarter Total No.of Persons 0 Quarter Total No.of Persons 0 b. Total No.of Households served 0 Total No.of female head of household 0 (LMH) 6. What is the total number of UNDUPLICATED clients served since October,if applicable? Answer question 6a or 6b,NOT both For LMC activities:race/ethnicity and income data are reported by persons. a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0 (LMC) YTD Total: 0 YTD Total 0 b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8,NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC)Quarter (LMC)YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this quarter who fall into each presumed benefit persons served since October 1 who fall into each category(the total should equal the total in question#6a presumed benefit category (the total should equal the or 6b): total in question#6a or 6b): a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into (the total should equal the total in question#6): each income category (the total should equal the total in question#6): COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 39 ! 117 , a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0 Income(0-30%) LI Low Income(31-50%) 0 LI Low Income 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income 0 (51-80%) NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0 Income(>80%) Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area(LMA)? YES NO Was project completed this quarter? YES NO If yes,complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage Beneficiaries 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial&Ethnic Data(if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October(YTD)fall into each race category. In category.In addition to each race category,please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.) question 6.) a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African American&White 0 0 Black/African American& 0 0 White American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0 Black/African American Native&Black/African American Other Multi-racial 0 0 Other Multi-racial 0 0 _ 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 40 1 6 D 7 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000,multiply that amount by the rate specified by HUD(applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 41 16D � C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses,and greater of overtime) box B(b) or 1 box B(c), 2 above, in 3 box C(e) 4 below) 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. 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 Section 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 COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 42 t 607 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50`h of the Very Low Income(60 percent of VLI)percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 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 on the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County,Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age American Native Other Indian Asian Black Hawaiian or White 0—25 26-40 41 —61 62+ Other Pac. Islander Hispanic Non- Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 43 ! 607 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) re uirements. Subrecipient Collier County Housing Authority Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been ❑ met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 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 management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit 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 Print Name and Title 06/18 COLLIER COUNTY HOUSING AUTHORITY CD21-04 HVAC Installation Page 44 1 607 MEMORANDUM Date: October 5, 2021 To: Catherine Sherman, Grants Coordinator Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Agreement between Collier County Collier County Housing Authority— CDBG Grant Program — Rental Acquisition Enclosed please find two (2) original of each document referenced above (Agenda Item #16D7), approved by the Board of County Commissioners on Tuesday, June 22, 2021. The Minutes & Records Department has retained an original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Enclosures 1607 FAIN# B-21-UC-12-0016 Federal Award Date 10/2021 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $ 579,000 Funds Awarded Subrecipient Name Collier County Housing Authority DUNS# 040977514 FEIN 59-1490555 R&D NA Indirect Cost Rate NA Period of Performance October 1, 2021-April 30,2022 Fiscal Year End 2022 Monitor End: 2027 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY CDBG Grant Program—Rental Acquisition THIS AGREEMENT is made and entered into this 0.2 day of�,WL 20A by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Housing Authority (SUBRECIPIENT), a a public body corporate and politic, created and existing under and by virtue of the laws of the State of Florida, Chapter 421 having its principal office at 1800 Farm Worker Way, Immokalee,FL 34142. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended); and WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG Program with Resolution 2021- 1.5 on June 2021 —Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual Action Plan, on May 1, 2021, with a 30-day Citizen Comment period from May 1, 2021 to June 1, 2021; and COLLIER COUNTY HOUSING AUTHORITY CD21-05 (7) CCHA Rental Acquisition Page 1 A, 1607 . WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project—(CD21-05)CCHA Rental Acquisition. NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the Parties 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 CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS)Division, perform the tasks necessary to conduct the program as follows: Project Name: CCHA Rental Acquisition Description of project and outcome: Acquire a 30 unit building in Immokalee, or two(2) duplex units in Collier County,Florida to assist qualified low-to moderate-income housing participants. Project Component One: Property Acquisition Project Component Two: Closing Costs The property will be deed restricted for ten(10)years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 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 CCHA Rental Acquisition project. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: • Affirmative Fair Housing Policy • Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy • Procurement Policy • Uniform Relocation Act Policy COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 2 ; i r:) 1607 , ® Sexual Harassment Policy Section 3 Policy • Section 504/ADA Policy • Fraud, Waste, and Abuse Policy • Language Assistance and Planning Polity (LAP) • Violence Against Women Act(VAWA)Policy • LGBTQ Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. Annual Subrecipient Training—All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Property Aquisition $579,000 Total Federal Funds: $579,000 The SUBRECIPIENT will accomplish the following checked project tasks: Pay all closing costs related to property conveyance ® Maintain beneficiary income certification documentation, and provide to the COUNTY as requested ▪ Maintain and provide National Objective Documentation • Provide Quarterly Reports on National Objective and project progress ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP) ® Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 3 I 6 D 7 ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis-Bacon Labor Standards • Comply with Section 3 and maintain documentation Provide certified payroll weekly throughout construction and rehabilitation • Comply with Uniform Relocation Act(URA), if necessary ® Ensure applicable numbers of units are Section 504/ADA accessible • Ensure the applicable continued use period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA—Low/Mod Area Benefit ❑ LMC—Low/Mod Clientele Benefit • LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate- income persons or households, in order to meet a CDBG National Objective.Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) Agreement Agreement execution COLLIER COUNTY HOUSING AUTHORITY CD21-05 Page 4 CCHA Rental Acquisition 16U7 -r Insurance Insurance Certificate Within 30 days of Agreement execution and Annually within thirty(30)days of renewal Detailed Project Schedule Project Schedule N/A Project Plans and Specifications Site Plans and Specifications N/A Subcontractor Log Subcontractor Log N/A Progress Report Exhibit C Quarterly reports.Annually after closeout. Section 3 Report Quarterly report of new hire Quarterly; within 10 days information following the end of the quarter. Annually after closeout. Davis-Bacon Act Certified Weekly Certified Payroll N/A Payroll reports, forms, and supporting documentation Annual Audit Monitoring Exhibit E Annually,within 60 days after Report then end of the FY end Financial and Compliance Audit Audit,Management Letter, and Annually: nine(9)months after Supporting Documentation FY end for Single Audit OR one hundred eighty(180) days after FY end Continued Use Certification Continued Use Affidavit, if Annually; for five(5)years after applicable meeting the National Objective Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion of construction. Annually through the period of continued use Program Income Reuse Plan Plan Approved by the COUNTY N/A D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Property Submission of supporting documents Monthly submission Acquisition must be provided as backup, as evidenced within 30 days of the by purchase agreement, closing prior month documents,bank statements, invoices, and any other additional documentation as requested. 10%retainage released upon receipt of all required supporting documentation and satisfactory monitoring report and meeting the National Objective. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under this Agreement. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 5 1 6 13 7~l 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2021 and shall end on April 30,2022. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing,by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED SEVENTY NINE THOUSAND AND ZERO CENTS ($579,000.00) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the"Funds"). Modification to the`Budget and Scope"may only be made if approved in advance.Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners(Board)approval. The COUNTY shall reimburse 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 CDBG funds until funds are needed for eligible costs;and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the required backup,a$0 invoice is required.Explanations may 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 after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 6 r�Br' uy7 1 6 07 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles)of the 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 may only incur direct costs that may be attributed specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E.The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Name, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email: xxxxxxxxxxxxxxxxxxx@colliercountyfl.gov Telephone: (239)252-xxxx SUBRECIPIENT ATTENTION: Oscar Hentschel, Executive Director COLLIER COUNTY HOUSING AUTHORITY 1800 Farm Worker Way Immokalee,Florida 34142 Email: oentschel@cchafl.org Telephone: (239) 657-3649 COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 7 i 6fl7 � 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, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 The determination of Federal Award amounts 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 570.506, to determine compliance with the requirements of this Agreement,the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail 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. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 8 1607 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, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334. However, if any litigation, claim, or audit is started before the expiration date of the three(3)year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of this Agreement,the COUNTY shall be informed, in writing, of the address where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall 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 exempt or confidential public records that are exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF 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 239-252-6832, Michael.Cox(a,colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how compliance with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has been received were accomlished.This includes special requirements,such as necessary and appropriate determinations as defined in 24 CFR 570.208,income certification,and written agreements with beneficiaries, where applicable. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 9 16D7 H. 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 Chapter 119,Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit E)no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports.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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS,Agreement suspension or termination procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 10 1' 1607 SUBRECIPIENT shall provide COUNTY with 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 fraud,waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,to be returned to the COUNTY. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 11 i6D7 • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY,at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No.2013- 228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant,CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No.2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April,July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT 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,which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee if the Program changes,the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 12 • 1 6D7-• PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that(1) SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the federal procurement process; and (4) for Developers, revenue generated is not considered program income.The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable 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 funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY 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 from the COUNTY. 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 Board. 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, available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 13 1 6 D 7 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds,or the reduction of funds awarded by HUD to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event,the COUNTY may terminate this Agreement,which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold harmless the 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' 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 there- on. 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 COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships,research reports,and similar public notices,whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 14 tip' 16D7 "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may 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,in the case of a partial termination,if the COUNTY determines 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.This Agreement may also be terminated by the COUNTY,if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200,Appendix II(A): A. SUBRECIPIENT's 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. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's 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, in compliance with 2 CFR 200, Appendix II(B): A. Require specific performance of the Agreement, in whole or in part. B. Require the use of, or change in,professional property management. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 15 16Q7 C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549(1986)and 12689(1989), Suspension and Debarment and 2 CFR 200.214,as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS 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, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant(24 CFR 570 et seq.). COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 16 - • 16D7 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing thresholds are: Range: Competition Required $0- $50,000 3 Written Quotes $50,001+ Formal Solicitation(ITB,RFP, etc.) In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase,acquisition,or use of goods,products,or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion,per 2 CFR 200,Appendix II(J) and 2 CFR 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS,which shall have access to all records and documents related to the Project. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated.However,if Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program,for further reallocation. Rental Housing: Rental housing acquired,rehabilitated,or otherwise improved with CDBG funds is subject to Program Income. For rental housing, program income is the gross revenue generated by the housing unit, which may be reduced by the operating costs associated with generating the income. The COUNTY considers utilities, property insurance, maintenance, and property COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 17 1 6 D 7 management to be operating costs that may be subtracted from gross revenue to determine net program income. For each funded project,the SUBRECIPIENT must submit for the COUNTY's approval a list of proposed costs incidental to the generation of the program income. Additionally, during the continued use period, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part,with CDBG funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208, as referenced in section 3.14 (Grant Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. Such percentage shall have as its basis,the percentage of the appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of or improvement to the property, under the terms of this Agreement. Such payment shall constitute program income to the COUNTY. 3.15 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 five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction documentation. Activities during this closeout period shall include, but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records.In addition to the records retention outlined in Part 2.2,the SUBRECIPIENT shall comply with Section 119.021,Florida Statutes,regarding records maintenance,preservation,and retention. A conflict between state and federal records retention law 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 exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 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 based on 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. In addition, to the greatest extent feasible, eligible COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 18 1607 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. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority 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 that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this defmition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons, or presumed to be low- to moderate- income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household.This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3,Chapter 5. If the project is located in an entitlement city as defined by HUD, or serves beneficiaries countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action Program will need to be updated throughout the continued use period and must be submitted to the COUNTY within 60 days of any update/modification. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 19 16fl7 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement,and that no person having any conflict of interest shall be employed by or subcontracted by SUBRECIPIENT.The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person,or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable.Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, 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. 3.21 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement. Contractors who apply or bid for an award of$100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion,and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion, and will not limit such services or give preference to persons based on 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 it does not use direct CDBG funds to support any inherently religious activities, such as worship,religious instruction, or proselytizing. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 20 l60 D. The funds shall not be used for the acquisition,construction,or rehabilitation of structures to the extent that those structures are used for inherently religious.activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction,or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.24 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. 3.25 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represents and warrants that the financial data,reports,and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agrement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida,without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the DIVISION. Electronic Signatures. This Agreement,and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 21 1607 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.tpl 4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=1 acdb92f3 b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.5 8&rgn=div5 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://www.hud.gov/program_offices/comm_planning/communitydevelopment/rulesandregs/law s/sec5309 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act.https://www.hud.gov/sites/documents/DOC_7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.htm 1 Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/cod ification/executive-order/12259.htm 1 24 CFR Part 107 -Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vo13-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC§2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.hud.gov/programdescription/title6 COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 22 1 6 D 7 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that,to the greatest extent feasible,opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible,priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC_12047..P.DF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tpl COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 23 "� 1607 4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real estate/uniform_act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?req=granul eid:USC-1999-tit1e40-section276a- 7&num=0&edition=1999 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 https://www.law.comell.edu/cfr/text/29/part-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) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 24 1 6 D 7 subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010- title1.8.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtmi?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.17 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.archives.gov/federal-register/codification/executive-order/11625.html 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act(HCDA)are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa991 f0411 f383b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5 701607 E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/1.2289709 4.20 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main_02.tp1 4.21 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that use(s) covered telecommunications equipment or services as a substantial component of any system,or as critical technology as part of any system. 4.22 Immigration Reform and Control Act of 1986 https://www.eeoc gov/eeoc/h i story/3 5th/thel aw/irca.html 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 COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 25 E`. 1 6 D 7 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- https://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter_112_part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 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 that 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 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 adjudicated in Collier County,Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.27 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf https://www.law.cornell.edu/uscode/text/33/ch apter-26 COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 26 16137 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA) may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.cornell.edu/cfr/text/24/5 70.605 4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vo13/CFR-2000-title24-vol3-sec570-608-id 163 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. https://www.nps.gov/history/local-law/nhpa 1 966.htm https://www.achp.gov/sites/default/fi les/regulations/2017-02/regs-rev04.pdf 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. https://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.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-tit1e41-chap 10- sec701 4.32 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-register/codification/executive-order/12549.html 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 COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 27 16D7 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 200.345,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. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=d.iv8 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 CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol1-sec24-101 https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vol3-sec570-505 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. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.html 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 Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 28 1 6 117 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. https://www.gsa.gov/portal/content/104877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs,per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24jart5_subpartA_section5.106 4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling,consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. hops://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://wvvw.law.cornell.edu/cfiltext/24/5.111 4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity,or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11/16/2016-25 888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=D isplay_Statute&URL=0400- 0499/0448/0448..html 4.44 Florida Statutes 713.20,Part 1,Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- 0799/0713/0713.html 4.45 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&IIRL=0100- 0199/0119/Sections/0119.021.html 4.46 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 29 1 6137 4.47 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://oip.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://o_ip.gov/about/ocr/pdfs/UseoMonviction_Advisory.pdf for more details. 4.50 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization 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 obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.51 False Claim;Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal,employee,agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.52 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 30 ! 607 utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 4.54 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries,without the express prior written approval of OW. 4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental,or research work under this funding agreement,the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTML (Signature Page to Follow) COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 31 i b D ? IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY,have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOA O UNTY COM SSIONERS OF CRYSTA KINZEL, CLERK COLL TY, FLO By: dot an to Chairman pu PE T LOR, CHA ERSON SOON!"Only. • ,r Date: I7-7- IZ Dated. COLLIER COUNTY HOUSING AUTHORITY d"(� I (SEAL) I tear ! / By: OSCAR HEN'l 'CHEL, EXECUTIVE DIRECTOR - �y Date: g 2 T • 2 Approved as to form and legality: Jennifer . Belpedio 0.,? ti/\ Assistant County Attorney O �s\ Date: (p \a a a 1 COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 32 1 6 07 PART V EXHIBITS 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: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2)years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 33 16D7 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 Agreement: 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 Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis, in an amount not less than one hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 34 I6D -/ EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier County Housing Authority SUBRECIPIENT Address: 1800 Farm Worker Way, Immokalee, FL 34142 Project Name: (CD-05)Rental Acquisition Project No: _ Payment Request# Total Payment Minus Retainage Period of Availability: _through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request)(includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required $15,000 and Division Director(Approval Required above) $15,000 and above) COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 35 1bD7 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Collier County Housing Authority Date: Project Title: (CD-05)Rental Acquisition IDIS#: Program Contact: Oscar Hentschel Telephone Number: (239)657-3649 Activity Reporting Period Report Due Date October 1"—December 31 St January 10th January 1st—March 31 St April 10th April 1 St—June 30th July 10th July 1"—September 30th October 10th REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/XX 3/31/XX 6/30/XX 9/30/XX Please note: The HUD Program year begins October 1,20XX—September 30,20XX.Each quarterly report must include cumulative data beginning from the start of the program year October 1,20XX. 1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1,20XX. a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement Outcome 1: Will acquire rental property for low-to-moderate income rental use. Outcome 2: Renatal units purchased will be rented to low to moderate income tenants. Outcome 3: Meet the National Objective b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Complied with all Uniform Relocation Act requirements. Outcome 2: 51%of the units are rented to CDBG income qualified persons Outcome 3: National Objective is met 2. Is this project still in compliance with the original project schedule: Yes 0 No ❑ If No,Explain: 3. Since October 1,20XX;of the persons assisted,how many... Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ Funds COLLIER COUNTY HOUSING AUTHORITY CD21-05 • CCHA Rental Acquisition Page 36 16U7 5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if applicable? Answer question 5a or 5b;NOT both For LMC activities: people,race/ethnicity,and income data are reported by persons. For LMH activities: households,race/ethnicity,and income level are reported by households,regardless the number of persons in the household. a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0 (LMC) Quarter Total No.of Persons 0 Quarter Total No.of Persons 0 b. Total No. of Households served 0 Total No.of female head of household 0 (LMH) 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b,NOT both For LMC activities:race/ethnicity and income data are reported by persons. a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0 (LMC) YTD Total: 0 YTD Total 0 b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8,NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC)Quarter (LMC)YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this quarter who fall into each presumed benefit persons served since October 1 who fall into each category(the total should equal the total in question#6a presumed benefit category (the total should equal the or 6b): total in question#6a or 6b): a Presumed Benefit Activities Onl (LMC)QTR b Presumed Benefit Activities Only(LMC)YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into (the total should equal the total in question#6): each income category (the total should equal the total in question#6): COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 37 z1 1bpi a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0 Income(0-30%) LI Low Income(31-50%) 0 LI Low Income 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income 0 (51-80%) NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0 Income(>80%) Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area(LMA)? YES NO Was project completed this quarter? YES NO If yes, complete all of this section 9. Date project completed Low/Mod Block Group Census Tract Total Beneficiaries Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial&Ethnic Data(if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October(YTD)fall into each race category.In category.In addition to each race category,please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.) question 6.) a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African American&White 0 0 Black/African American& 0 0 White American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0 Black/African American Native&Black/African American Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 38 1 6 D7 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 0 .06%)and enter results in B(c), otherwise leave blank. B(c) COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 39 16 7 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses,and greater of overtime) box B(b) or 1 box B(c), 2 above, in 3 box C(e) 4 below) 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. 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 Section 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 COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 40 16Q7 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50th of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 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 on the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age American Native Other Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+ Other Pac. Islander Hispanic Non- Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 41 I O1 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) re uirements. Subrecipient Collier County Housing Authority Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been n met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above n ❑ Are a for-profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. 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 Print Name and Title 06/18 COLLIER COUNTY HOUSING AUTHORITY CD21-05 CCHA Rental Acquisition Page 42 i607 . MEMORANDUM Date: October 5, 2021 To: Catherine Sherman, Grants Coordinator Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Agreement between Collier County The Shelter for Abused Women & Children, Inc. — CDBG Grant Program — Construction/Rehabilitation Enclosed please find two (2) original of each document referenced above (Agenda Item #16D7), approved by the Board of County Commissioners on Tuesday, June 22, 2021. The Minutes & Records Department has retained an original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Enclosures ! 6 D 7 FAIN # B-20-UC-12-0016 B-21-UC-12-0016 Federal Award Date EST 10/2021 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $136,000.00 Funds Awarded Subrecipient Name Shelter for Abused Women & Children, Inc. DUNS# 836680769 FEIN 59-2752895 R&D NA Indirect Cost Rate NA Period of Performance October 1, 2021 — September 30, 2022 Fiscal Year End 6/30 Monitor End: 6/27 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CDBG Grant Program—Construction/Rehabilitation THIS AGREEMENT is made and entered into this day of op 20-1 by and between Collier County, a political subdivision of the State of Florida, (COUNTY having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. (SUBRECIPIENT), a private non-profit organization having its principal office at PO Box 10102,Naples, Fl 34101. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended); and WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG Program with Resolution 2021- 13\ on June 22, 2021 —Agenda Item 16.D,1 ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual Action Plan, on May 1, 2021, with a 30-day Citizen Comment period from May 1, 2021 to May 30, 2021; and THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 1 �O! 16D7 WHEREAS,the SUBRECIPIENI'has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project—(CD21-01) Shelter—Security . NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties 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 CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Shelter Security— Purchase and installation Description of project and outcome: The purchase and installation of outdoor security cameras at the Naples location will provide security for all victims of domestic violence and human trafficking, beneficiaries seeking services such as counseling, advocacy, safety planning, economic empowerment, as well as employees of The Shelter. Project Component One: Purchase and Installation of security cameras to include but not limited to materials, software, labor and equipment. The property will be deed restricted for five(5)years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 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 project excluding Public Service projects. B. The following resolutions and policies must be submitted within sixty (60) clays of this Agreement: ® Affirmative Fair Housing Policy • Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy • Procurement Policy THE SHETLER FOR ABUSED WOMEN&CHILDREN Q) CD21-01 Shelter Security Page 2 16D7 ❑ Uniform Relocation Act Policy • Sexual Harassment Policy • Section 3 Policy • Section 504/ADA Policy • Fraud, Waste, and Abuse Policy • Language Assistance and Planning Policy (LAP) Violence Against Women Act (VAWA) Policy • LGBTQ Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. Annual Subrecipient Training — SUBRECIPIENTS with Open Agreement(s) with COUNTY: All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CI-IS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Purchase and Installation of security cameras to include but $136,000.00 not limited to materials, labor, software and equipment. Total Federal Funds: $136,000.00 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance Maintain beneficiary income certification documentation, and provide to the COUNTY as requested • Maintain and provide National Objective Documentation • Provide Quarterly Reports on National Objective and project progress • Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 3 1607 ® Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP) ® Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ® Identify Lead Project Manager • Provide Site Design and Specifications • Comply with Davis-Bacon Labor Standards • Comply with Section 3 and maintain documentation • Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ® Ensure applicable numbers of units are Section 504/ADA accessible • Ensure the applicable continued use period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA—Low/Mod Area Benefit • LMC— Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate- income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMi households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMi persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 • Page 4 Shelter Security i6D7 C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60) days of (Section 1.1) Agreement Agreement execution Insurance Insurance Certificate Within 30 days of Agreement execution and Annually within thirty(30)days of renewal Detailed Project Schedule Project Schedule Within sixty(60)days of Agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Subcontractor Log Subcontractor Log Initially at construction start, and quarterly thereafter Progress Report Exhibit C Quarterly reports. Annually after closeout. Section 3 Report Quarterly report of new hire Quarterly; within 10 days information following the end of the quarter. Annually after closeout. Davis-Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following Payroll reports, forms, and supporting issuance of payroll checks documentation Annual Audit Monitoring Exhibit E Annually, within 60 days after Report then end of the FY end Financial and Compliance Audit Audit, Management Letter, and Annually: nine(9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit, if Annually; for five(5)years after applicable meeting the National Objective Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion of construction. Annually through the period of continued use Program Income Reuse Plan Plan Approved by the COUNTY Annually until 2027 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Purchase Submission of supporting documents Monthly submission and Installation of security must be provided as backup, as evidenced within 30 days of the cameras to include but not limited by invoices, canceled checks, bank prior month. to materials, labor, software and statements,copy of permits, completed equipment. AIA G702-1992 form, or equivalent per contractor's Schedule of Values, and any other additional documentation as requested. THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 5 1 6D7-" The County will pay up to 90% of the total grant award or project costs whichever is lower, upon proof of proper payment. The remaining 10% of the award or project costs will be released upon final monitoring clearance and meeting a National Objective. For clarity, the County will not withhold 10% on each payment, rather, the last 10% will only be paid as previously specified. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2021 and shall end on September 30, 2022. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED THIRY SIX THOUSAND DOLLARS AND ZERO CENTS ($136,000.00) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modification to the"Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners(Board)approval. The COUNTY shall reimburse 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 CDBG funds until funds are needed for eligible costs;and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the required backup,a$0 invoice is required. Explanations may be required if two consecutive months THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 6 1 6 07 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 arc 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 after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CI-IS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section I.5-Cost Principles)of the 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 may only incur direct costs that may be attributed specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPiENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer, to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E.The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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. THE SHETLER FOR ABUSED WOMEN&CHILDREN cAta CD21-01 Shelter Security Page 7 16D7 COLLIER COUNTY ATTENTION: Tami Bailey , Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Tami.Bailey @colliercountyfl.gov Telephone: (239)252-5218 SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer The Shelter for Abused Women &Children, Inc. PO Box 10102 Naples, Florida 34101 Email: lberhaus@naplesshelter.org Telephone: (239) 775-3862 Remainder of Page Intentionally Left Blank THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 8 16117 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, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 clays after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 The determination of Federal Award amounts 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 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail 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. ., THE SHETLER FOR ABUSED WOMEN&CHILDREN Shelter Security Page 9 (Co' 1 6 Q 7�- 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, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334. However, if any litigation, claim, or audit is started before the expiration date of the three(3)year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of this Agreement, the COUNTY shall be informed, in writing, of the address where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall 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 exempt or confidential public records that are exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF 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 239-252-6832, Michael.Cox(ki,colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how compliance with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has been received were accomlished.This includes special requirements,such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification,and written agreements with beneficiaries, where applicable. THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 10 16D7 - H. 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 Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that arc released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D)no later than 60 clays after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CI-IS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. 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 SUB RECIPIENT'S performance in an attempt to mitigate fraud,waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance,as determined by CHS,will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide 1-IUD,the I-IUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE,AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and THE SHETLER FOR ABUSED WOMEN&CHILDREN �*r, CD21-01 fr' Shelter Security Page 11 1 6 D7 other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with 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 fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No.2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 12 i6D7 certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, to be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013- 228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CI IS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CI-IS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon 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 of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th clay of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT 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, which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee if the Program changes,the need for additional information or documentation arises, and/or legislative amendments arc 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. THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 13 Ib117 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K. of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the federal procurement process; and (4) for Developers, revenue generated is not considered program income.The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable 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 funds otherwise available. - 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY 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 from the COUNTY. 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 Board. 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, available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 14 ! 6D7 be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from 1-IUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, or the reduction of funds awarded by HUD to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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' 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 there- on. This Indemnification shall survive the termination and/or expiration of this Agreement. 'Phis section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 15 1 6 D7 or digitally prepared and released by the SUBRECiPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPiENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may 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,in the case of a partial termination,if the COUNTY determines 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.This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix iI (A): A. SUBRECiPIENT's 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. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. • C. SUBRECiPIENT's ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECiPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 16 • 1 6 D 7 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, in compliance with 2 CFR 200, Appendix II (B): 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 SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract,or other covered transaction, as outlined in Executive Orders 12549(1986)and 12689(1989), Suspension and Debarment and 2 CFR 200.214,as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 17 1 6 D 7 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS 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, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant(24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327)and Collier County's Procurement Ordinance#2017-08,as amended. Current purchasing thresholds are: Range: Competition Required $0-$50,000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP, etc.) In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase,acquisition,or use of goods, products,or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200,Appendix II(J) and 2 CFR 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 18 1607 SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. Purchase of Equipment: Equipment under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-assisted equipment in a manner that meets a CDBG National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to the current fair market value of the equipment, less the percentage of non-CDBG funds used to acquire the equipment. Equipment no longer needed by the SUBRECIPIENT for CDBG-eligible activities under this Agreement shall be: (a) transferred to the COUNTY for use elsewhere in the CDBG program, or (b) retained by the SUBRECIPIENT after compensating the COUNTY an amount equal to the current fair market value of the equipment, less the percentage of non-CDBG funds used to acquire the equipment. 3.15 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 five (5) year continued use period has been met (for public services, "after the expiration of the Agreement"). The continued use period shall commence with the later of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction documentation. Activities during this closeout period shall include, but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between state and federal records retention law 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 exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 19 16D7 3.16 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 based on 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. In addition, to the greatest extent feasible, 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 i-lousing and Community Development Act of 1968. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority 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 that is 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 women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES if the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons, or presumed to be low- to moderate- income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. If the project is located in an entitlement city as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Page 20 Shelter Security 1607 3.19 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action Program will need to be updated throughout the continued use period and must be submitted to the COUNTY within 60 clays of any update/modification. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement,and that no person having any conflict of interest shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations,ordinances,or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person,or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, 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. 3.21 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement. Contractors who apply or bid for an award of$100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 ova Shelter Security Page 21 1 6 07 CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion,and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion, and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its in ission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,arc ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.24 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. 3.25 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represents and warrants that the financial data,reports,and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECI PI ENT. THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 22 16D7 The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agrement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the DIVISION. Electronic Signatures. This Agreement,and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 23 • 16Q7 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=I acdb92f3 b05c3 f285dd76c26d 14f54e&mc=true&node=pt24.I.58&rgn=d iv5 4.3 Section 104(b)and Section 109 of Title I of the Housing and Comnumity Development Act of 1974 as amended https://www.bud.gov/program offices/comet_planning/communitydevelopment/rulesandregs/law s/sec5309 4.4 The Fair Housing Act(42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF https://www justice.gov/crt/fair-housing-act-1 Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/1 1063.htm I Executive Order 11259- Leadership& Coordination of Fair Housing in Federal Programs https://www.arch ives.gov/federal-register/cod i fication/executive-order/12259.htm 24 CFR Part 107 -Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vo13-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item #8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC §2000e,et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.hud.gov/programdescription/title6 THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 24 160 �` 4.9 24 CFR 135 — Regulations outlining requirements of' Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECiPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECiPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that,to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr 135 main_02.tpl THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 25 1 6 07 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.comell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-ordedl 1478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtm I?req=granuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 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 https://www.law.cornell.edu/cfr/text/29/part-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) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Page 26 Shelter Security 1607 subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 8 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title 18/pdf/USCODE-2010- titlel8.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40- section276c&num=0&edition=1999 4.17 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.archives.gov/federal-register/codification/executive-order/11625.htm I 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act(HCDA)are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa99 l f041 I f383b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5 70_1607 E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 4.20 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main-02.tpl 4.21 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that use(s) covered telecommunications equipment or services as a substantial component of any system,or as critical technology as part of any system. 4.22 Immigration Reform and Control Act of 1986 https://www.eeoc.govieeoc/history/35th/thelaw/irca.html 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 THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 27 1 6 D 7 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- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter 112 .part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35 13 7 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 that 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 patties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall be attended by representatives of SUBRECiPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THiS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPiENT EXPRESSLY WAIVE ANY RIGHTS EiTHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.27 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/htm I/USCODE-2010-title42-chap85.htm https://wi,vw.law.comell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-201 I-title33/pdf/USCODE-201 1-tit1e33- chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 28 i 6 07 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment(LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.cornell.edu/cft/text/24/570.605 4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vo13/CFR-2000-title24-vo13-sec570-608-id 163 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. https://www.nps.gov/histoiy/local-law/nhpa1966.htm h ttps://www.achp.gov/si tes/de fan It/fi les/regu lat ions/2017-02/regs-rev04.pdf 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. https://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.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10- sec70l 4.32 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-register/cod i fication/executive-order/12549.htm I 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 THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 29 f 6 D 7 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 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover ally disallowed costs identified in an audit after such closeout. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed30I 0308aef&mc=true&node=se2.I.200_1344&rgn=div8 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 CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol 1/CFR-1999-title49-vol l-sec24-101 https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vol3-sec570-505 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. http://www.leg.state.fl.us/Statutes/index.cfm?App_modc=Display Statute&Search_String=&UR L=0200-0299/0287/Seetions/0287.133.htm I 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 Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 30 I 6 0 7 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. https://www.gsa.gov/portal/content/104877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regu lations/expand/t itle24_part5_subpartA_section 5.106 4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd I479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.cornell.edu/cfr/text/24/5.111 4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence,dating violence, sexual assault,and stalking, regardless of sex, gender identity,or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/I 1/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hires prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display Statute&URL=0400- 0499/0448/0448.html 4.44 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.45 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.htm I 4.46 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/01 19.071.htm I THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 31 I6Q7 4.47 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.50 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization 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 obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.51 False Claim; Criminal, or Civil Violation: SUBRECIPI ENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,or similar misconduct involving subaward agreement funds 4.52 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 32 1607 utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), 1-IUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 4.54 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement,the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&S I D=a004b6bf20934ace7a7 1 7de76 I dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTML (Signature Page to Follow) THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Page 33 Shelter Security 16U ? IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOAR O' UNTY COM STONERS OF YSTA . INZEL,CLERK COLLI UNTY, FLOR 2 By: Attest as to Chairman S puty PENNY T LOR, CHAT PERSON signature ORIY. Date: te ) /L 12, ) ¢¢�� J� SHELTER FOR ABUSED WOMEN & CHILDREN, Dated V `"'�� INC. (SEAL) � By: ' LINDA OBERHAUS, CHIEF EXECUTIVE OFFICER Date: 1 )..` Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney s`3� Date: C ` A i \ .\ THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 34 16U7 PART V EXHIBITS 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: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 35 tea ? 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 Agreement: 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 Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis, in an amount not less than one hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 36 16D7 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: SUBRECIPIENT Address: Project Name: Project No: _ Payment Request# Total Payment Minus Retainage Period of Availability: _through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2.Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request)(includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required $15,000 and Division Director(Approval Required above) $15,000 and above) THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 37 16D7 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and information System (1DIS).The COUNTY reports information on a quarterly basis.To facilitate in the preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10) days of the cnd of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: The Shelter for Abused Woment& Date: Children, Inc. Project Title: Shelter Security IDIS #: Program Contact: Telephone Number: 239-280-1350 Activity Reporting Period Report Due Date October 1"—December 3 I" January 10th January IS'—March 31" April l0''' April I'—June 30'h July I0'1' July 1"—September 30'" October le REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/XX 3/31/XX 6/30/XX 9/30/XX Please note: The HUD Program year begins October 1,20XX— September 30,20XX. Each quarterly report must include cumulative data beginning from the start of the program year October 1,20XX. 1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October I,20XX. a. Outcome Goals: list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Completion of installation of security cameras Outcome 2: Documentation of National Objective achievement: LMC/Presumed Eligible Clientele—must document that 51%of persons served are at low to moderate income. Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome l:Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes ❑ No n If No, Explain: 3. Since October i,2021; of the persons assisted,how many... Answer ONLY for Public Facilities& infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ iIOPWA $ $ Total Entitlement $ Funds THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Page 38 Shelter Security 1607 5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households,race/ethnicity,and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults served(LMC) 0 Total No. persons served under 18 0 (LMC) Quarter Total No.of Persons 0 Quarter Total No.of Persons 0 b. Total No. of Households served 0 Total No. of female head of household 0 (I,M l l) 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b,NOT both For LMC activities: race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults served(LMC) 0 Total No. Persons served under 18 0 (LMC) YTD Total: 0 YTD Total 0 b. Total No. Households served(LMH) 0 Total No. female head of household(LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC)Quarter (INC)YTD Indicate the total number of UNDUPLICATED persons indicate the total number of UNDUPLICATED served this quarter who fall into each presumed benefit persons served since October I who fall into each category(the total should equal the total in question #6a presumed benefit category (the total should equal the or 6b): total in question #6a or 6h): a Presumed Benefit Activities Only (LMC)QTR b Presumed Benefit Activities Only(LMC)YTD 0 Abused Children ELI 0 Abused Children _ ELi 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses Li Spouses 0 Persons LI 0 Persons w/HiV/AIDS Li w/H1V/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons Li or MOD 0 Illiterate Adults Li 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since October I (YTD)who fall into (the total should equal the total in question #6): each income category (the total should equal the total in question #6): THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 39 1607 a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0 Income(0-30%) LI Low Income(3I-50%) 0 LI Low Income 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income 0 (5 I-80%) NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0 Income(>80%) Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area(LMA)? YES NO Was project completed this quarter? YES NO /f yes.complete all of this section 9. Date project completed Low/Mod Low/Mod Percentage Block Group Census Tract Total Beneficiaries Beneficiaries g 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial&Ethnic Data(if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October(YTD) fall into each race category. In category. In addition to each race category,please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.) question 6) a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 0 0 American Indian/Alaska 0 0 American Indian/Alaska Native Native 0 0 Native Hawaiian/Other Pacific 0 0 Native Hawaiian/Other Pacific Islander Islander 0 0 Black/African American& 0 0 Black/African American&White White American Indian/Alaska Native& 0 0 AmericanNative Black/African Indian/Alaska 0 0 Native&Black •i Black/African American American Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Page 40 Shelter Security 1 6 D7 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 ■_ Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD(applicable rate 0 .06%)and enter results in B(c), otherwise leave blank. B(c) THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 41 I 7 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses, and greater of overtime) box B(b) or box B(c), 2 above, in box C(c) 3 below) 4 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. 1/we 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 Section 775.082 and 775.083. Signature of I-lead of Household Date Signature of Spouse or Co-I-read of Household Date Adult Household Member(if applicable) Date Adult I lousehold Member(if applicable) Date THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 42 ! 6O7 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50i1' of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Very Low income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximtun Income Limit$ ). Based on the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age American Native Other Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+ Other Pac. Islander Hispanic Non- Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Page 43 Shelter Security II6Da EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient The Shelter for Abused Women & Children Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) 07/01/2021 06/30/2022 Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been I I met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 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 management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we I I 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 Print Name and Title 06/18 THE SHETLER FOR ABUSED WOMEN&CHILDREN CD21-01 Shelter Security Page 44