Agenda 04/14/2026 Item #16D6 (Amendment #2 to the Subrecipient Agreement between CLL and Collier County Community Redevelopment Agency (Immokalee) to amend CDBG Agreement #CD24-02)4/14/2026
Item # 16.D.6
ID# 2026-748
Executive Summary
Recommendation to approve and authorize the Chair to sign the Second Amendment to the Subrecipient Agreement
between Collier County and Collier County Community Redevelopment Agency (Immokalee) to amend Community
Development Block Grant Agreement #CD24-02 to extend the period of performance, reduce the funding amount to
$225,310.00, revise grant language, and update exhibits required. (Housing Grant Fund 1835). (This item is a companion
to Item 16L1)
OBJECTIVE: To support the residents of Immokalee while promoting Collier County’s strategic objective to plan and
build public infrastructure and facilities to effectively, efficiently, and sustainability meet the needs of our community.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community Development
Block Grant (CDBG) program funds locally defined requests for program-specific needs in the community and
infrastructure improvements. Every five years, the County is required to submit a Consolidated Plan to HUD outlining
the goals and activities to be undertaken with HUD entitlement funds over the five-year period, as well as Annual
Action Plans.
On June 22, 2021, the Board of County Commissioners (Board) approved the County’s Five-Year Consolidated Plan for
the use of entitlement funds for Program Years (PY’s) 2021-2025 (Agenda Item #16.D.7). As part of the County’s 5-
year Consolidated Plan, the Community and Human Services (CHS) Division is required to adopt and submit an Annual
Action Plan each year. This is the fourth (4th) year of the Five-Year Consolidated Plan. The Annual Action Plan was
developed in accordance with the County’s Citizen Participation Plan (CPP).
On September 10, 2024 (Agenda Item #16.D.3), the Board approved the CDBG Subrecipient Agreement with Collier
County Community Redevelopment Agency (Immokalee) (the “Agreement”). The Agreement established
$1,001,371.00 in funding for the construction portion of the First Street Corridor Pedestrian Safety Improvement
Project.
On January 14, 2025 (Agenda Item #16. D.3), the Board approved the First Amendment with Collier County
Community Redevelopment Agency (Immokalee). The First Amendment revised the Agreement by including Phase I
language into the scope of work, reducing the period of performance, and reducing the funding amount to $401,371.00
to support the Phase I construction timeline.
Upon reviewing the bids for this project, it was determined that the allocated funds would not be fully expended. As a
result, the Collier County Community Redevelopment Agency (Immokalee) submitted a Waiver of Funds request to
reprogram the remaining funds. To complete the southern segment of the First Street Corridor, an administrative
extension of one hundred eighty (180) days for CDBG CD24-02 Phase 1 construction was approved, effective October
1, 2025.
The proposed Second Amendment will revise the agreement by:
1. Extending the period of performance to June 1, 2027.
2. Reducing the overall budget from $401,371.00 to $225,310.00.
3. Revise the contact notice.
4. Part I Scope of Work
1. 1.1-B. Updated required Policy and Procedures list.
2. 1.1-D. Add Updated Conflict of Interest Language.
3. 1.2-C. Updated Performance Deliverables.
4. Renumber corresponding sections
5. Part II Grant Control Requirements
1. D. Updated Public Records contact.
2. F. Update client file review information.
3. G. Update Fair Housing Act language.
4. H. Update CDBG SAVE requirement language.
5. K. Update Cybersecurity Safeguarding Language.
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Item # 16.D.6
ID# 2026-748
6. Part III Terms and Conditions
1. 3.13 Updated Purchasing Thresholds.
2. 3.16 Updated Opportunities for Residents and Civil Rights Compliance.
3. 3.19 Updated Immigration Requirements and Restrictions.
4. 3.20 Conflict of Interest Language Removed.
5. 3.22 Conditions for Religious Organizations Updated.
6. 3.24 Duplication of Effort language added.
7. 3.25 Miscellaneous language added.
8. Renumber corresponding sections.
7. Part IV General Provisions
1. 4.15 Updated Section 3 Requirements.
2. 4.29 Updated Immigration Reform and Control Act update language
3. 4.47 Updated Equal Treatment of Faith-Based Organizations
4. 4.68 Updated Title VI Civil Rights Act of 1964.
8. Add Part V Addendum 1, HUD Policy Requirements.
9. Add the following Exhibits:
1. Exhibit F Collier County Community and Humna Services Conflict of Interest Disclosure Form.
2. Exhibit G & G-1 Whistleblower Protections Certification for Subrecipient Staff.
3. Exhibit H Certification of Compliance with Anti-Discrimination, Fair Housing, and Equal Opportunity
Laws.
4. Exhibit I Certification Regarding Drug-Free Workplace Requirements.
This item is consistent with the Collier County strategic plan objective to plan and build public infrastructure and
facilities to effectively, efficiently, and sustainability meet the needs of our community.
FISCAL IMPACT: The agreement will decrease the subrecipients’ award amount from $401,371.00 to $225,310.00.
The funding source for this grant is the United States Department of Housing and Urban Development CDBG grant.
Funds will be budgeted in the HUD Grant Fund (1835). Funds may be allocated from CDBG Projects PY25 33950,
PY24 33915, PY23 33855, and PY22 33823.
GROWTH MANAGEMENT IMPACT: This item has no impact on the Housing Element of the Growth Management
Plan of Collier County.
LEGAL CONSIDERATIONS: This item has been approved as to the form and legality and requires a majority vote
for Board Approval. -CLD
RECOMMENDATION(S): To approve and authorize the Chair to sign the Second Amendment to the Subrecipient
Agreement between Collier County and Collier County Community Redevelopment Agency (Immokalee) to amend
Community Development Block Grant Agreement #CD24-02 to extend the period of performance, reduce the funding
amount to $225,310.00, revise grant language, and update exhibits required. (Housing Grant Fund 1835)
PREPARED BY: Parker Smith, Grants Coordinator I, Community and Human Services Division
ATTACHMENTS:
1. CD24-02 Immokalee CRA Pedestrian Safety- Executed at 9.10.24 BCC Meeting
2. CD24-02 Executed First Amend 2025 02-11 16D3
3. CD24-02 Immokalee CRA Second Amendment
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 61 1
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 County Attorney Office County Attorney Office C55
2. BCC Office Board of County
Commissioners
3 Minutes and Records Clerk of Court's Office 421
4. John Dunnuck Immokalee CRA 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 John Dunnuck/CRA Phone Number 239-252-8846
Contact/Department
Agenda Date Item was 09/10/2024 Agenda Item Number 16.L.1 -Companion
Approved by the BCC Item to 16.D.3
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
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 BCC&CRA chairman's signatures? JD
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)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JD
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 dates has been entered as the date of BCC approval of the JD
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the BCC&CRA JD
Chairmans' signatures and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JD
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 date above and all changes made during JD 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 o tion for
BCC&CRA Chairmans' signatures.
10. And Return 1 fully executed copy to:Christie Betancourt via email
Christie.Betancourt a?colliercountyfl.gov and John.Dunnuck(abcolliercountyfl.gov.
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
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FAIN# B-24-UC-12-0016
B-23-UC-12-0016
B-22-UC-12-0016
B-21-UC-12-0016
Federal Award Date 10/2024
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $1,001,371.00
Funds Awarded
Subrecipient Name Collier County
Community
Redevelopment Agency
Immokalee)
UEI#JWKJKYRPLLU6
FEIN 59-6000558
R&D NA
Indirect Cost Rate NA
Period of Performance 10/1/2024-4/30/2026
Fiscal Year End 9/30
Monitor End: 12/2031
AGREEMENT BETWEEN COLLIER COUNTY
AND
Collier County Community Redevelopment Agency (Immokalee)
CDBG Grant Program—Construction
THIS AGREEMENT is made and entered into this 10 day of Stec hex 2024, by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal
address at 3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Collier County Community
Redevelopment Agency (Immokalee) ("SUBRECIPIENT"), a Community Redevelopment Organization
having its principal office at 750 South 5`I' Street, Suite C, 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 to execute and implement 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 2024-2025 for the CDBG
Program with Resolution 2024- J38 on July 23, 2024—Agenda Item 16.D.4 ; 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 2024-2025 Annual
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Action Plan,on June 17,2024,with a 30-day Citizen Comment period from July 3,2024 to August 3,2024;
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—(CD24-02) First Street Corridor Pedestrian Safety -
Construction.
NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
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: First Street Corridor Pedestrian Safety- Construction
Description of project and outcome: CHS, as an administrator of the CDBG program, will make
available FY 2021-2022,FY 2022-2023, FY 2023-2024 and FY 2024-2025 CDBG funds up to the
gross amount of$1,001,371.00 to Collier County Redevelopment Agency(Immokalee)to fund the
construction of the First Street Corridor Pedestrian Safety Construction project,to include lighting
and crosswalk signals, in Immokalee, FL.
Project Component One: Complete the First Street Corridor Pedestrian Safety Construction project
including all labor, design, construction, permitting, materials, freight charges, and all other costs
and fees.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of execution of this Agreement, SUBRECIPIENT must
deliver to CHS for approval, a detailed project schedule for the completion of the project.
B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty
60)days of execution of this Agreement:
Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
Conflict of Interest Policy(COI) and related COI Forms
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Procurement Policy
Uniform Relocation Act(URA) Policy
Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Language Assistance and Planning Policy (LAP)
Limited English Proficiency Policy(LEP)
n Violence Against Women Act(VAWA) Policy
LGBTQ Policy
C. Environmental Review Requirement (ERR) — This Agreement does not constitute a
commitment of funds or site approval. The commitment of funds or site approval may
occur only upon satisfactory completion of environmental review, executed by the
COUNTY, and either(i)the determination that the project is exempt or(ii)the COUNTY's
receipt of an approved request for release of funds and certification from HUD, under 24
CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's
determination to proceed with, modify, or cancel the project based on the results of the
environmental review.No program costs can be incurred until an environmental review of
the project is completed and approved by the COUNTY. Further, SUBRECIPIENT will
not undertake any activity or commit any funds prior to CHS issuing a Notice to Proceed
NTP) letter. Violation of this provision may result in the termination of this subaward
and/or 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.
E. Limited English Proficiency — 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 persons") may be
entitled to language assistance under Title VI of the Civil Rights Act of 1964 (Title VI) in
order to receive a particular service, benefit, or encounter. In accordance with Title VI and
its implementing regulations, SUBRECIPIENT agrees to take reasonable steps to ensure
meaningful access to activities funded with HUD 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
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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.
F.Build America, Buy America— SUBRECIPIENT must comply with the requirements of
the Build America,Buy America(BABA)Act,41 USC 8301 note, and all applicable rules
and notices, as may be amended, if applicable to the SUBRECIPIENT's infrastructure
project. Pursuant to HUD's Notice,"Public Interest Phased Implementation Waiver for FY
2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of
HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or
after the applicable listed effective dates, are subject to BABA requirements, unless
excepted by a waiver. All infrastructure project contracts and subcontracts must contain
Buy America Preference (BAP) compliance requirements for product and material
purchases, the requirement to maintain records that verify compliance with the BAP, and
that any project-specific waiver be approved prior to purchasing products or materials not
produced in the U.S.
If BABA is applicable to this Agreement, SUBRECIPIENT shall maintain a BABA
construction checklist, product certification letter(s), and other supporting documentation
or BABA waiver, as applicable, and provide such documentation, as requested by CHS.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: Complete the First Street Corridor Pedestrian Safety $1,001,371.00
Construction project including all labor, design, construction, permitting, materials,
freight charges, and all other costs and fees.
Total Federal Funds: 1,001,371.00
SUBRECIPIENT will accomplish the following checked project tasks:
Pay all closing costs related to property conveyance
Maintain beneficiary income certification documentation, using Exhibit D, as amended or
County-approved presumed benefit documentation and provide to the COUNTY, as
requested
Maintain National Objective Documentation, and provide to COUNTY, as requested
Provide Quarterly Reports on National Objective and project progress
Provide Leverage Funds Report
Provide Quarterly Fair Housing Calls Report
Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
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Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings, prior to SUBBRECIPIENT issuing Notice to Proceed (NTP)to contractor
Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
Identify Lead Project Manager
Provide Site Design and Specifications
Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work
Comply with Davis-Bacon Act Labor Standards and maintain supporting documentation
Comply with Section 3 reporting requirements and maintain supporting documentation
Provide weekly certified payroll throughout construction and rehabilitation
Comply with Uniform Relocation Act(URA), if applicable
Ensure applicable number 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- to moderate-income
persons(LMI).As such, 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 that 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 for 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 for 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 for 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 for this Agreement.
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C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Insurance Exhibit A - Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty (30) days of renewal
Special Grant Condition Policies Policies as stated in this Within sixty(60) days of
Section 1.1) Agreement Agreement execution
Detailed Project Schedule Project Schedule Within sixty(60) days of
Agreement execution
Project Plans and Specifications Site Plans and Specifications Prior to procurement
Draft Procurement Documents Independent Cost Estimate Within 90 days of Agreement
Bid Packet)* ICE), Method of Procurement execution
MOP), Bid Advertisement, and
Solicitation Packet
Subcontractor Log Subcontractor Log Initially at construction start,
and quarterly thereafter
Quarterly Progress Report Exhibit C Quarterly reports. Annually
after closeout.
Section 3 Report Certification Forms and Submitted with Quarterly
Supporting Documentation Report for period ending 9/30
Fair Housing Calls Report Not Applicable Not Applicable
Complaint Logs EEO and Incident Log Quarterly; within 10 days
following the end of the quarter.
Annually after closeout.
Leverage Funds Report Exhibit C-1 Upon submission of the final
pay request in Neighborly.
Davis-Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following
Payroll reports, forms, and supporting issuance of payroll checks or
documentation non performing work weeks
Annual Audit Monitoring Exhibit E Annually, within 60 days after
Report 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 Project Closeout
Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after
construction completion.
Annually throughout the
continued use period
Program Income Reuse Plan Plan Approved by the COUNTY Not Applicable
SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted
in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must
submit to the COUNTY for approval, all Change Orders required during the project. Failure to submit
Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease
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work order until all change orders have been reviewed and approved, at which time a new Notice to
Proceed will be issued.
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Project Supporting documents must be provided Payment requests due
Component 1: Complete the First as backup, as evidenced by SAP within 30 days of the
Street Corridor Pedestrian Safety supporting documentation, proof of prior month end.
Construction project including all payment to contractors, AIA, Schedule of
labor, design, construction, Values, and any other documentation as
permitting, materials, freight needed.
charges, and all other costs and
fees.10% retainage will be withheld with each
request for payment and will be released
upon completion of activities and final
closeout monitoring.
Final 10 percent retainage will be paid upon completion of final monitoring clearance and documentation
of meeting the National Objective. SUBRECIPIENT'S failure 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, 2024 and shall end on April 30, 2026, unless
terminated earlier in accordance with provisions of Paragraph 3.8, Defaults, Remedies, and
Termination. 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, following receipt of SUBRECIPIENT's written request
submitted at least 30 days prior to agreement period of performance end date. Extensions must be
authorized, in writing, by formal letter to the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE MILLION ONE THOUSAND THREE HUNDRED
SEVENTY-ONE DOLLARS AND ZERO CENTS ($1,001,371.00) for use by 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 may be approved administratively by CHS for up to 10 percent (10%) of
the total funding agreement and shall not signify a change in scope. Fund shifts that exceed 10
percent (10%) shall require formal amendment and approval by the Board of County
Commissioners(Board).
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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 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 the month, or if 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 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.
COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information
submitted by SUBRECIPIENT and consistent with an approved budget and COUNTY policy
concerning payments. With the exception of certain advances, payments will be made for eligible
expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments
will be adjusted by CHS in accordance with advance Fund and program income balances available
in SUBRECIPIENT accounts. In addition,COUNTY reserves the right to liquidate Funds available
under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT.
CHS may withhold any payment request 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 or evidence of project inactivity may cause payment suspension of any open pay
requests until the required deliverables are received or substantial project progression
occurs,as determined by CHS. Except where disputed for noncompliance, payment will be made
upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80,
Florida Statutes, otherwise known as the"Local Government Prompt Payment Act."
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.
1.5 RIGHT OF FIRST REFUSAL
For property acquisition agreements, if SUBRECIPIENT offers the Property for sale before the end
of the Continued Use Period, SUBRECIPIENT must allow a 90-day right of first refusal (ROFR)
period to experienced non-profit organizations, reasonably approved by the COUNTY, for
purchase of the Property at the then current market value or any other offer considered, in the sole
determination of the COUNTY to be reasonable, for continued occupancy by eligible persons.
The 90-day right of first refusal period begins when a legal advertisement appears in a local
newspaper of general circulation, or other method authorized by statute or regulation, offering the
Property for sale to non-profit organizations.
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1.6 LEVERAGE FUNDS
Leverage funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records.
Resources must be fully identified and described in the Agreement and the approved budget
submitted with the application. Resources must also meet the following criteria to be allowable as
leverage:
a. Expenditures of leveraged funds or resources are permitted only for eligible activities
and allowable costs under the cost principles specified by the OMB Circulars
referenced in this Agreement. Expenditures must be necessary and reasonable for
proper and efficient accomplishment of project or program objectives.
b. Leverage resources committed on one project may not be used as leverage for any other
project or program.
c. Leverage resources must represent newly created resources covering expenditures that
would not be incurred if the award were not made.
d. Leverage resources may not be Federal funds under a different award, except where
Federal statute allows their use for cost sharing(such as the Community Development
Block Grant program).
e. Third-party cash or in-kind contributions offered as leverage require a commitment
letter on company letterhead signed by the individual who is in a position to commit
the in-kind contribution. The contribution is only allowable if not utilized towards
matching dollars.
1.7 COST PRINCIPLES
Payments to 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 1.7-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 the
Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project referenced the Scope of Work, 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
Subrecipients and Contractors shall comply with 2 CFR 200 Subpart E-Cost Principles.
SUBRECIPIENT may not be subject to 2 CFR 200 Subpart E; however,the COUNTY is and may
impose requirements upon SUBRECIPIENT so that the COUNTY can remain compliant with its
obligation to follow 2 CFR 200 Subpart E. 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.
1.8 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. Either party
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may change the address to which notices are to be sent to it by giving written notice of such change
to the other party in the manner herein provided for giving notice. Any notice, request, instruction,
or other document 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: Zuleyka Garay, Grant Coordinator I
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples, Florida 34112
Email: Zuleyka.Garaycolliercountyfl.gov
Telephone: (239)252-2590
SUBRECIPIENT ATTENTION: John Dunnuck, III, Director
Collier County Community Redevelopment Agency
750 South 5th Street, Suite C
Immokalee, Florida 34142
Email: John.Dunnuck@colliercountyfl.gov
Telphone: (239) 252-8846
ATTENTION: Christie Betancourt, Program Manager
Collier County Community Redevelopment Agency(Immokalee)
750 South 5th Street, Suite C
Immokalee, Florida 34142
Email: Christie.Betancourtna colliercountyfl.gov
Telephone: (239)285-7647
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
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 financial and compliance Single
Audit report, Management Letter, and supporting documentation nine (9) months (or audited
financial statements, 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 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
Federal Award amounts expended shall be determined in accordance with guidelines established
by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
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. Public records that ordinarily and necessarily would be required by the 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 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
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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, 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
COUNTY'S submission of the final performance and evaluation report to HUD, as
prescribed in 2 CFR 200.334, 24 CFR 570.490 and 24 CFR 570.502(a)(7)(ii). 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 SUBRECIPIENT ceases to exist after the closeout of this
Agreement, it shall notify the COUNTY in writing, of the address where the records will
be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for
retaining public records and transfer, at no cost to COUNTY, all public records in
SUBRECIPIENT'S possession upon termination of the Agreement, and destroy any
duplicate, exempt, or confidential public records that are free 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
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, IT SHALL CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679,
Michael.Brownlee(&colliercountyfl.gov, 3299 Tamiami Trail East,
Naples, FL 34112.
E.SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, as amended, 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, SUBRECIPIENT shall maintain records showing compliance with
Federal purchasing requirements and other Federal requirements for grant implementation.
F.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. SUBRECIPIENT agrees that CHS shall be the final arbiter on
SUBRECIPIENT'S compliance.
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G. SUBRECIPIENT shall establish a system to log all Fair Housing calls. The system must
track the nature of the calls; actions taken in response to the calls; results of the actions
taken; and, if the caller was referred to another agency,the results obtained by the referral
agency. SUBRECIPIENT must submit this call log to CHS quarterly, no later than 10
calendar days after the end of each quarter.
H. SUBRECIPIENT shall document how it complied with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding was
received. 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.
I.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 free from
public records disclosure requirements are not disclosed, except as authorized by 2 CFR
200.337 and 2 CFR 200.338.
2.3 MONITORING
SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on-site monitoring
visit and evaluation of project activities, as determined necessary, until the Continued Use Period
expires. At the COUNTY's discretion, a desktop review may be conducted in lieu of an on-site
visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request
by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD,
to enable CHS to evaluate said progress and allow for completion of CHS's required reports.
SUBRECIPIENT shall allow on-site monitoring by CHS or HUD. Such site visits may be
scheduled or unscheduled, as determined by CHS or HUD.
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.
COUNTY will monitor 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 SUBRECIPIENT does not take corrective action 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, and/or the COUNTY's internal auditor(s)
access to all records related to performance of activities in this Agreement.
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2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures
necessary 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 shall be clearly documented,and the documentation shall be readily available for
monitoring by the 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 this 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 the COUNTY issuing Findings or Concerns to
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 10 business 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 and accepted.
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, CHS may require SUBRECIPIENT to return a portion of the awarded
grant Funds to the COUNTY.
CHS may require SUBRECIPIENT to return upwards of 5 percent of the
award amount to the COUNTY, at the discretion of the Board.
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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 SUBRECIPIENT to return to the COUNTY a
portion of the awarded grant amount, or the amount of the CDBG investment for
acquisition of the properties conveyed.
CHS may require SUBRECIPIENT to return upwards of 10 percent of the
award amount to the COUNTY, at the discretion of the Board.
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 termination of the Agreement or award.
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. Reports showing lack of
project activity may result in the withholding of payment or issuance of a Notice of Non-
Compliance.
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, 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, the reporting form to be used in fulfillment of this
requirement. Additionally, all leveraged funds utilized in support of this project will be submitted
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on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the
County Manager or designee if the Program changes, the need for additional information or
documentation arises, or if legislative amendments are enacted. Reports and requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and
made a part of any subcontract executed in the performance of this Agreement.
3.2 GENERAL COMPLIANCE
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. SUBRECIPIENT agrees to comply with all other applicable laws,
regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT
further agrees to utilize Funds available under this Agreement to supplement rather than supplant
funds otherwise available.
SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the
administration of the program, for political activities, inherently religious activities, lobbying,
political patronage, and/or nepotism activities.
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. 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, are executed in writing, signed by a duly
authorized representative of each organization, and approved by the COUNTY'S Board. Such
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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, 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.
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 the CDBG Funds pertaining to this Agreement. In the
event of curtailment or non-production of said Federal Funds, or the reduction of HUD Funds to
the COUNTY to a level that the County Manager determines to be insufficient to adequately
administer the project,the financial resources necessary to continue to pay 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 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, 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, 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 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 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. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith, 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 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.
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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 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 the SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team and Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY
codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the
COUNTY reserve the right to royalty-free, non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use; and authorize others to use the work or materials for governmental
purposes.
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 I1 (A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or such
statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may
become applicable at any time.
B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper
manner.
C. Ineffective or improper use of Funds provided under this Agreement.
D. Submission of reports that are incorrect or incomplete in any material respect.
E. Submission of any false certification.
F. Failure to materially comply with any terms of this Agreement.
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G. 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, in compliance with 2 CFR 200, AppendixII (B):
A. Require specific performance of the Agreement in whole or in part.
B. Require the use of, or change in, professional property management, if applicable.
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 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 are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by a Federal Department or agency. In addition, SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a suspended or debarred
contractor or vendor, 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
Upon Agreement termination, in addition to any and all other remedies available to the COUNTY
whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of
termination (or expiration), immediately transfer to the COUNTY any property on hand 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).
All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS
upon termination of this Agreement.
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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
Scope of Work (Part I), Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards(2 CFR 200 et seq.),and 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 COUNTY
purchasing thresholds are:
Range: Competition Required
0 - $50,000 3 Written Quotes
50,001+ Formal Solicitation (ITB, RFP, etc.)
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
Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and
qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration.
CHS shall have access to all records and documents related to the Project.
In accordance with 24 CFR parts 570.202(b)(3)& 570.202(b)(4),to the greatest extent practicable,
SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and
appliances,that increase the effective use of energy and water in structures.
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.
SUBRECIPIENT must comply with the requirements of the Build America, Buy America(BABA)
Act, P.L. 117-58 and 41 USC Chapter 83-Buy American, and all applicable rules and notices, as
may be amended, if applicable to the SUBRECIPIENT's infrastructure project. Pursuant to HUD's
Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America,
Buy America Provisions as Applied to Recipients of the HUD Federal Financial Assistance" (88
FR 17001),any funds obligated by HUD on or after the applicable listed effective dates, are subject
to BABA requirements, unless excepted by a waiver.
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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, SUBRECIPIENT shall utilitze such Program Income only
for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is
defined under 24 CFR 570.500(a) gained from any SUBRECIPIENT activity funded by CDBG
Funds shall be reported to the COUNTY through an annual Program Income Reuse Plan, utilized
by the SUBRECIPIENT accordingly,and shall comply with 2 CFR 200.307,24 CFR parts 570.489,
570.500, and 570.504 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 for which public use is the primary purpose.
For these facilities,Program Income is the income generated by the use of the facility,less 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, SUBRECIPIENT must submit a list of proposed
costs incidental to the generation of Program Income for the COUNTY'S approval.
Additionally, during the continued use period, as referenced in Section 3.16 (Grant Closeout
Procedures) of this Agreement, 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. If 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, 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. 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 following the
SUBRECIPIENT meeting the National Objective, the recording of lien and/or deed restriction
documentation, if applicable, and the closeout of the project within HUD's Integrated Data
Information System (IDIS). 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,
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equipment, Program Income balances, and receivable accounts to the COUNTY); and determining
the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall
remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including
Program Income. In addition to the records retention outlined in section 2.2 (Records and
Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida
Statutes, regarding records maintenance, preservation, and retention. A conflict between State and
Federal records retention requirements will result in the more stringent law being applied, such that
the record must be held for the longer duration. SUBRECIPIENT must return to the COUNTY any
balance of unobligated Funds that have been advanced or paid, and any Funds paid exceeding the
amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement.
SUBRECIPIENT shall also produce records and information complying with section 215.97,
Florida Statutes, the 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
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. Also, 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. 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
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 Black Americans, Hispanic Americans, Asian/PacificAmericans, Native
Americans,and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and women's business enterprises, in lieu of an independent
investigation.
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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
SUBRECIPIENT agrees that it is committed to carrying 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. Prior to the award of Funds, SUBRECIPIENT shall
submit to the COUNTY for approval a plan for its Affirmative Action Program, if federal
thresholds are met.The Affirmative Action Program must be updated throughout the continued use
period and submitted to the COUNTY within 60 days of any update/modification.
SUBRECIPIENT's contracting officer will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a notice
advising the labor union or worker's representative of SUBRECIPIENT's commitments hereunder,
and shall post copies of the notice in conspicuous places available to all employees and applicants
for employment.
3.20 CONFLICT OF INTEREST
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 SUBRECIPIENT shall not employ or subcontract
with any person having any conflict of interest.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.
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 SUBRECIPIENT. The COUNTY may review the
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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.
SUBRECIPIENT shall establish Conflict of Interest reporting requirements for its board members
and staff to report their participation as a beneficiary in the program supported by this Agreement.
Such reporting shall also incorporate reporting the participation of their family members who
include a spouse or civil union partner, member of the same household,parent(including step- and
in-law) grandparent (including step- and in-law), child (including step-) or grandchild (including
step-), sibling(including step- and in-law), cousin, aunt, or uncle.
Any possible conflict of interest on the part of 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
The COUNTY, SUBRECIPIENT, and their contractors certify that they will not, and have 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, and more fully described in
Section 4.54 of this Agreement. Contractors who apply or bid for an award of$100,000 or more
shall file the required certification.
3.22 CONDITIONS FOR 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).
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
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 it does not use direct CDBG Funds to support any inherently
religious activities, such as worship, religious instruction, or proselytizing.
D. It shall not use Funds 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
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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 SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled person to the COUNTY.
During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing,
within one business day of occurrence,any substantial,controversial,or newsworthy incidents.The
Collier County Standard Subrecipient Incident Report Form shall be used to report all such
incidents.
3.24 SEVERABILITY
Should any provision of this Agreement be determined unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part thereof.
3.25 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data, reports, and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SUBRECIPIENT.
SUBRECIPIENT understands that client information collected under this Agreement is private and
the use or disclosure of such information, when not directly connected with the administration of
the COUNTY'S or SUBRECIPIENT's responsibilities with respect to services provided under this
Agreement, is prohibited unless written consent is obtained from such person receiving service and,
in case of a minor,that of a responsible parent/guardian.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement
and its governing body has authorized the execution and acceptance of this Agreement.
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind SUBRECIPIENT to the terms of this Agreement.
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
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.
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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 COUNTY.
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.
3.26 WAIVER
The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
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 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5
Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state
and local institutions of higher education,hospitals, and non-profit organizations that receive direct
Federal awards or other Federal Funds shall give preference in their procurement programs funded
with Federal funds to the purchase of recycled products pursuant to the EPA guidelines.
Summary of the Resource Conservation and Recovery Act US EPA
4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall
ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way
or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of
the USC Federal Register : Political Activity-State or Local Officers or Employees; Federal
Employees Residing in Designated Localities; Federal Employees
4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended Section 109 of the HCD Act of 1974 I HUD.gov/U.S. Department of Housing
and Urban Development(HUD)
Section 104(d)of the Housing and Community Development Act of 1974,as amended(see 42 USC
5304(d))- HUD Exchange
4.5 The Fair Housing Act(42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
https://www.hud.gov/program offices/fair housing equal_opp/reasonable accommodations_and
modifications
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/codification/executive-order/12259.htm1
24 CFR Part 107 -Non- Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.6 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
4.7 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other
transfer of land acquired, cleared, or improved with assistance provided under this Agreement,
SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed
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or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental,
or in the use or occupancy of such land, or in any improvements erected or to be erected thereon,
providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such
covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted
hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not
itself so discriminate.
4.8 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits
discrimination on the basis of sex in educational programs
Title IX Of The Education Amendments Of 1972 (justice.gov)
4.9 The Temporary Assistance for Needy Families Program (TANF)45 CFR Parts 260-265,the Social
Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies
promulgated thereunder.
Temporary Assistance for Needy Families I Benefits.gov
eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families(TANF) Provisions
The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994, 20 USC
6083. https://www.govinfo.gov/content/pkg/USCODE-2011-title20/html/USCODE-2011-tit1e20-
chap68-subchapX.htm
4.10 Public Announcements and Advertising: When issuing statements, press releases, requests for
proposals, bid solicitations,and other documents describing projects or programs Funded in whole
or in part with Federal money, SUBRECIPIENT shall clearly state (1) the percentage of the total
costs of the program or project which will be financed with Federal money, (2)the dollar amount
of Federal funds for the project or program,and(3)percentage and dollar amount of the total costs
of the project or program that will be financed by nongovernmental sources.
4.11 Purchase of American-Made Equipment and Products: SUBRECIPIENT assures that, to the
greatest extent practicable, all equipment and products purchased with funds made available under
this Agreement will be American-made.
4.12 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
4.13 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
4.14 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for
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employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 U.S. Equal Employment Opportunity Commission
eeoc.gov)
4.15 24 CFR 75 — 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 75, 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.
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,
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."
Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers
and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If
SUBRECIPIENT is unable to meet these benchmarks,efforts taken to meet the requirements
must be described. Examples include holding job fairs, conducting on-the-job training,
outreach efforts to public housing residents,and connecting residents to supportive services.
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
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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
https://www.ecfr.gov/current/title-24/subtitle-A/part-75
https://www.govinfo.gov/content/pkg/F R-2020-09-29/pdf/2020-1918 5.pdf
SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
https://www.ecfr.gov/current/title-24/subtitle-A/part-75
4.16 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior
written consent of the COUNTY thereto; provided, however, that claims for money due or to
become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank,trust
company, or other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to CHS.
4.17 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.govinfo.gov/content/pkg/USCODE-1996-title42/pdf/USCODE-1996-title42-
chap76.pdf
11246: https://www.dol.zov/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
4.18 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.19 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.hud.gov/sites/dfiles/documents/504compliance.pdf
29 USC 776: https://www.govinfo.gov/content/pkg/USCODE-2010-tit1e29/html/USCODE-2010-
title29-chap 16.htm
24 CFR 570.614: https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-
570/subpart-K?toc=1
4.20 The Americans with Disabilities Act of 1990:
https://www.hug.gov/program offices/fair housing equal_opp
Americans with Disabilities Act of 1990, As Amended I ADA.gov
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4.21 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.federalregister.gov/documents/2024/05/03/2024-08736/uniform-relocation-
assistance-and-real-property-acquisition-for-federal-and-federally-assisted
4.22 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: 40 USC 276a to 40 USC 276a-5
https://www.govinfo.gov/content/pkg/USCODE-200 I-title40/pdf/USCODE-2001-tit1e40-chap3-
sec276a.pdf
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.ecfr.gov/current/title-29/subtitle-A/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.ecfr.gov/current/title-29/subtitle-A/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
4.23 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.acquisition.gov/far/22.403-2
40 U.S.C. 276c: https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
4.24 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/codificationlexecutive-order/11625.html
4.25 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:
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https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3f8eaa991 f0411 f383b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
70 1607
E.O. 13279: https://www.govinfo.gov/content/pkg/WCPD-2002-12-16/pdf/WCPD-2002-12-16-
Pg2156.pdf
4.26 Public Law 100-430 -the Fair Housing Amendments Act of 1988.
STATUTE-102-Pg 1619.pdf(govinfo gov)
4.27 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200
4.28 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.
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I I/part-200/subpart-C
4.29 Immigration Reform and Control Act of 1986
S.1200 - 99th Congress(1985-1986): Immigration Reform and Control Act of 1986 1
Congress.gov I Library of Congress
4.30 Proof of Lawful Presence. SUBRECIPIENT acknowledges that the COUNTY's funds are a"public
benefit." As such, the SUBRECIPIENT shall ensure compliance by performing the required
verifications. Specifically, when required the SUBRECIPIENT shall ensure that:
a. if the public benefit provided by the funds flows directly to a natural person (i.e., not a
corporation, partnership, or other legally created entity) 18 years of age or older, he/she must do
the following:
i)complete an affidavit stating he/she is an alien lawfully present in the United States; or
ii)attach a photocopy of the front and back of one of the following forms of identification:
a valid Florida driver's license or Florida identification card; a United States military
card or military dependent's identification card; a United States Coast Guard Merchant
Mariner identification card; or a Native American tribal document.
b. If an individual applying for the benefits identified herein executes the affidavit stating that
he/she is an alien lawfully present in the United States, SUBRECIPIENT shall verify his/her
lawful presence through the federal systematic alien verification or entitlement program, known
as the"SAVE Program," operated by the U.S. Department of Homeland Security or a successor
program designated by said department. In the event SUBRECIPIENT determines through such
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verification process that the individual is not an alien lawfully present in the United States, the
SUBRECIPIENT shall not provide benefits to such individual with the COUNTY's funds.
4.31 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
b.Federal Water Pollution Control Act, Title 33 Chapter 26 1251, et seq., as amended.
https://www.govinfo.gov/app/details/USCODE-2011-title33/USCODE-2011-title33-
chap26-subchapl-sec1251
4.32 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.
42 USC 4002: www.govinfo.gov/app/details/USCODE-2010-title42/USCODE-2010-title42-
chap50-sec4002
24 CFR 570.605 Subpart K https://www.ecfr.gov/current/title-24/subtitle-B/chapter-
V/subchapter-C/part-570/subpart-K/section-570.605
4.33 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.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-
K/section-570.608
4.34 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.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.
4.35 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-
sec701
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4.36 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.
24CFR 570.609, Subpart K: https://www.ecfr.gov/current/title-24/subtitle-B/chapter-
V/subchapter-C/part-5 70/subpart-K
https://www.archives.gov/federal-register/cod ification/executive-order/12549.htm I
4.37 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.
4.38 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. eCFR :: 2 CFR Part 200 Subpart F -- Audit Requirements
4.39 Any real property acquired by the SUBRECIPIENT for the purpose of 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 24.101,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. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c
governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d)
of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation
policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by
24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition,rehabilitation,demolition,
or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable
COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their
residences.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol 1/CFR-1999-title49-vol 1-sec24-101
https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vol3-sec570-505
https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-
K/section-570.606
https://www.federalregister.gov/documents/2024/05/03/2024-08736/uniform-relocation-
assistance-and-real-property-acquisition-for-federal-and-federally-assisted
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4.40 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.
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. SUBRECIPIENT shall obtain written approval from CHS for
any outside travel outside the metropolitan area with funds provided under this Agreement.
https://www.gsa.gov/portal/content/104877
4.42 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
4.43 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.
eCFR: 24 CFR Part 214 Subpart D -- Program Administration
https://www.law.cornelLedu/cfr/text/24/5.111
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.
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4.46 Limited English Proficiency: 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.
4.47 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.
4.48 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. 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.
4.49 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.
31 U.S.C. 1352 - Limitation on use of appropriated funds to influence certain Federal contracting
and financial transactions - Document in Context - USCODE-2010-title3l-subtitleIl-chapl3-
subchaplll-sec1352(govinfo.gov)
31 U.S. Code § 1352 - Limitation on use of appropriated funds to influence certain Federal
contracting and financial transactions I U.S. Code I US Law I LII / Legal Information Institute
cornell.edu)
4.50 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
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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
18 U.S.Code§ 1001 -Statements or entries generally I U.S.Code I US Law I LII/Legal Information
Institute (cornell.edu)
Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C.3729-False
claims - Document in Context - USCODE-2010-title3l-subtitlelll-chap37-subchaplll-sec3729
govinfo.gov)
31 U.S. Code § 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute
cornell.edu)
4.51 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.
4.52 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.
Executive Order 13513 --Federal Leadership on Reducing Text Messaging while Driving_]
whitehouse.gov(archives.gov)
4.53 Trafficking in Persons: 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
SUBRECIPIENT. The details of SUBRECIPIENT'S obligations related to prohibited conduct
related to the trafficking of persons are posted at:
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
4.54 Association of Community Organizations for Reform Now (ACORN): SUBREC1PIENT
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 HUD.
4.55 If 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, SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
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https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de76I dc64c0&mc=true&n=pt37.1.401&r
PART&ty=HTML
4.56 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_l 12_part_ii i
Other possible site:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-
0199/0112/0112PartllIContentslndex.html&StatuteYear=2021&Title=%2D%3E2021%2D%3 EC
hapter%20112%2D%3 EPart%20II I
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.57 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.
4.58 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).
4.59 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 section 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
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4.60 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.htm l
4.61 Florida Statutes section 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.htmI
For purposes of satisfying the requirement of this condition regarding verification of employment
eligibility, the SUBRECIPIENT shall participate in, and use, E-Verify (www.e-verify.gov),
provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses
E-Verify(and follows the proper E-Verify procedures, including in the event of a "Tentative Non-
confirmation" or a"Final Non-confirmation")to confirm employment eligibility for each hiring for
a position in the United States that is or will be funded (in whole or in part) with award funds.
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit
the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify(a,dhs.gov. E-
Verify employer agents can email E-Verify at E-VerifyEmployerAgent(adhs.gov.
4.62 Florida Statutes section 713.20, Part 1, Construction Liens
Statutes & Constitution :View Statutes : Online Sunshine(state.fl.us)
4.63 Florida Statutes section 119.021 Records Retention
Statutes& Constitution :View Statutes : Online Sunshine (state.fl.us)
4.64 Florida Statutes section 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
4.65 OSHA. Where SUBRECIPIENT employees are engaged in activities not covered under the
Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be
trained, or receive services in buildings or surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to the participant's health or safety.
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4.66 Right to Know. Participants employed or trained for inherently dangerous occupations, e.g., fire
or police jobs, shall be assigned to work in accordance with reasonable safety practices. The
SUBRECIPIENT will comply with all applicable"Right to Know"Acts.
4.67 Whistleblower Protections:
a. In accordance with 41 U.S.C. § 4712, the SUBRECIPIENT may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal
funds, an abuse of authority relating to a federal contract or grant, a substantial and specific
danger to public health or safety, or a violation of law, rule, or regulation related to a federal
contract(including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor
who has the responsibility to investigate, discover, or address misconduct.
The SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between COUNTY and
SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY
and SUBRECIPIENT with respect to this Agreement.
Signature Page to Follow)
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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: AS TO COUNTY:
CRYSTAL K. KINZEL, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER CO T , FLORIDA
By:
CHRI ALL, CHAIRPERSO
Dated °' R I
SEAL) Date: PTF_N4 2 tD, Zoa¢-
Attest as to chairman's
signature only
AS TO SUBRECIPIENT:
WITNESSES:
COLLIER COUNTY COMMUNITY
REDEVEL• • • . ENCY (IMMOKALEE)
Witness #1 Signature
C
Witness#1 Printed Name Board C air
Witness#I Physical Address Date: S'a p-F M 3C e 10, Zo z4
Please provide evidence of signing authority]
Witness#2 Signature
Witness#2 Printed Name
Witness#2 Physical Address
Approved as to form and legality:
Carly S everino
Assis nt County Attorney
Date:ct( o(.Z Y
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division, 3339
Tamiami Trail East, Suite 213, 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 COMMUNITY REDEVELOPMENT AGENCY(IMMOKALEE)
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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 COMMUNITY REDEVELOPMENT AGENCY(IMMOKALEE)
CD24-02
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EXHIBIT B
COLLIER COUNTY COMMUNITY &HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier County Community Redevelopment Agency(Immokalee)
SUBRECIPIENT Address: 750 South 5th Street, Suite C, Immokalee, FL 34142
Project Name: First Street Corridor Pedestrian Safety- Construction
Project No: CD24-02 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(Total expenditures this $
period minus retainage, if applicable)
4. Current Grant Balance(Grant Amount minus previous $
requests minus today's request)
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 $14,999 and Division Director(Approval Required
below) 15,000 and above)
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(IMMOKALEE)
CD24-02
First Street Corridor Pedestrian Safety-Construction Page 45
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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 Community Redevelopment Date:
Agency (Immokalee)
Project Title: First Street Corridor Pedestrian Safety-Construction IDIS#:
Program Contact: Telephone Number:
Activity Reporting Period Report Due Date
October 151—December 31" January 10th
January 15t—March 31"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):
12/31/20XX 3/31/20XX 6/30/20XX 9/30/20XX Final / /20_
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: Procurement/Bid Package completed and submitted for review and approval prior to publication.
Outcome 2: Complete construction of the First Street Corridor Pedestrian Safety project.
Outcome 3: Document Achievement of the LMA 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
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
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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 0 Total No. persons served under 18 0
served(LMC) LMC)
Quarter Total No. of Persons 0 Quarter Total No. of Persons 0
b.Total No. of Households 0 Total No. of female head of household 0
served 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 0 Total No. Persons served under 18 0
served(LMC) LMC)
YTD Total: 0 YTD Total 0
b. Total No. Households 0 Total No. female head of household(LMH)0
served(LMH)
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
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(IMMOKALEE)
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in question #6):
a ELI Extremely Low 0 b ELI Extremely Low 0
Income(0-30%) Income(0-30%)
LI Low Income(31-0 LI Low Income 0
50%)
MOD Moderate Income 0 MOD Moderate Income 0
51-80%) 51-80%)
NON-L/M Above Moderate 0 NON-L/M Above Moderate 0
Income(>80%) 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
0 0 American Indian/Alaska 0 0
American Indian/Alaska Native&Native&Black/African
Black/African American American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
I hereby certify the above information is true and accurate.
Name:
Signature:
Title:
Your typed name here represents your electronic signature
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(IMMOKALEE)
CD24-02 NtFirstStreetCorridorPedestrianSafety-Construction Page 48 6.--,
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EXHIBIT C-1
Community Development Block Grant(CDBG)
Leverage Funds Report
Leverage Funds must be identified,tracked,and verifiable. Resources must be fully identified and described
as submitted with SUBRECIPIENT's application.
Subrecipient Name: Collier County Community Redevelopment Agency (Immokalee)
Report Period:
Fiscal Year:
Contract Number:
Project: First Street Corridor Pedestrian Safety - Construction
Contact Name:
Contact Number:
Leverage Funds
See EXAMPLE below for how to complete this form.
Source Amount Type Use
Total Project Cost Ratio:
EXAMPLE
Source Amount Type Use
CDBG 1,000,000 Other Federal Land Acquisition
Funds
HOME 870,000 Federal Funds Infrastructure
Private Donation 1,200,000 Cash & In-Kind Infrastructure
Philanthropic 3,500,000 Cash—local funds 52 units Affordable Housing
Total Project Cost S6,570,000 Ratio: 1 Federal Dollar $2.51 Local
Funds
Signature Page to Follow]
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(IMMOKALEE)
CD24-02
First Street Corridor Pedestrian Safety-Construction Page 49
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I hereby certify the above information is true and accurate.
Signature: Date:
Printed Name:
Title:
Your typed name here represents your electronic signature.
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(IMMOKALEE)
CD24-02
First Street Corridor Pedestrian Safety-Construction Page 50 0
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Does Not Apply to LMA Projects)
Complete this form and retain appropriate supporting documentation proving CDBG to the
COUNTY, to the COUNTY, 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 $50,000, multiply that amount by the rate
specified by HUD(applicable rate 0.4%) and enter results in B(c), otherwise
leave blank. B(c)
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(IMMOKALEE)
CD24-02
First Street Corridor Pedestrian Safety-Construction Page 51 (
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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 Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 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 Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims -
Document in Context- USCODE-2010-title31-subtitlelIl-chap37-subchaplll-sec3729 (govinfo.gov)
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(IMMOKALEE)
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Adult Household Member(if applicable) Date
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:
n 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 COMMUNITY REDEVELOPMENT AGENCY(1MMOKALEE)
CD24-02
First Street Corridor Pedestrian Safety-Construction Page 53
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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 requiresthatallappropriatedocumentationisprovidedregardingtheorganization'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. ThedeterminationofamountsofFederalawardsexpendedshallbeinaccordancewiththeguidelinesestablishedby2CFRPart200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit ActStatute215.97) requirements.
Subrecipient
Collier County Community Redevelopment Agency(ImmokaleeName
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 duringduringmostrecentlycompletedFiscalYearmostrecentlycompletedFiscalYear
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has beenImet, 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:
Il Did not exceed the expenditure threshold for the fiscal year indicated above
I Are a for-profit organization
Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
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 COMMUNITY REDEVELOPMENT AGENCY(IMMOKALEE)
CD24-02
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FAIN#
Federal Award Date 10/2024
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $401,371.00
Funds Awarded $225,310.00
Subrecipient Name Collier County
Community
Redevelopment Agency
(lmmokalee)
UEI# JWKJKYRPLLU6
FEIN 59-6000558
R&D NA
Indirect Cost Rate NA
Period of Performance 10/01/2024 · l 0/3 l /2025
06/1/2027//
Fiscal Year End 9/30
Monitor End: 10/2032
SECOND AMENDMENT TO
AGREEMENT BETWEEN COLLIER COUNTY
AND
Collier County Community Redevelopment Agency (lmmokalee)
CDBG Grant Program -Construction
TIDS AMENDMENT is made and entered into this_ day of _________ 2026, by and between
Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339
Tamiami Trail East, Suite 213, Naples FL 34112, and Collier County Community Redevelopment Agency
(lmmokalee) ("SUBRECIPIENT"), a Community Redevelopment Organization having its principal office at 750
South 5th Street, Suite C, Immokalee, FL 34142.
RECITALS
WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing
and Urban Development (HUD) for a grant to execute and implement 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 2024-2025 for the CDBG Program with
Resolution 2024-138 on July 23, 2024-Agenda Item 16.D.4 ; and
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WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning
the preparation of various Annual Action Plans, the COUNTY advertised the 2024-2025 Annual Action Plan, on
June 17, 2024,with a 30-day Citizen Comment period from July 3,2024 to August 3,2024; 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 - (CD24-02) First Street Corridor Pedestrian Safety - Construction.
WHEREAS, on September 10, 2024, Agenda Item 16.D.3, the COUNTY entered into an Agreement (the
"Agreement") with SUBRECIPIENT which set forth the responsibilities and obligations of each in undertaking the
CDBG project - (CD24-02) First Street Corridor Pedestrian Safety - Construction
and
WHEREAS. on February 11. 2025. Agenda Items 16.D.3. the Board of Count-v Commissioners (Board)
approved the First Amendment between Collier Countv and the Collier County Communitv Redevelopment Agency
(lmmokalee) CDBG project - (CD24-02) First Street Conidor Pedestrian Safetv-Construction.
WHEREAS. the parties wish to amend the Agreement to extend the period of performance. reduce the
federal funding amount to support the reprogramming of remaining funds. update language. add Exhibits. and add
Addendum L
NOW, THEREFORE, in consideration of foregoing Recitals and other good and valuable consideration,
the receipt and sufficiency of which is hereby mutually acknowledged, the parties agree to amend the Agreement
as follows.
Words Struck Through are deleted; Words Underlined are added.
,r J rt
PART I
SCOPE OF WORK
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: First Street Corridor Pedestrian Safety - Phase 1 Construction
Description of project and outcome: CHS, as an administrator of the CDBG program, will make available
FY 2021-2022, FY 2022-2023, FY 2023-2024 and FY 2024-2025 CDBG funds up to the gross amount of
$40{f71-e0 $225.310.00 to Collier County Redevelopment Agency (lmmokalee) to fund Phase I
construction of the First Street Corridor Pedestrian Safety Construction project, to include lighting and
crosswalk signals, in Immokalee, FL. Phase I addresses the southern segment without right-of-way
encroachments.
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Project Component One: Complete First Street Corridor Pedestrian Safety Phase I Construction project
including all labor, design, construction, permitting, materials, freight charges, and all other costs and fees.
I.1 GRANT AND SPECIAL CONDITIONS
,.,r J
B. SUBRECIPIENT must submit the following policies and procedures to CHS within sixty (60) days
of execution of this Agreement. For policies that were established more than three (3) years prior to
the date of this Agreement. SUBRECIPIENT must also provide the date of the last review for each
policy.
Affimative Fair Housing Policy
Affirmative Action/Equal Employment Opportunity Policy
Conflict of Interest Policies (COI) (Organization and Individuals) and related Forms
Procurement Policy
Uniform Relocation Act (URA) Policy
Davis Bacon Policy
BABA Policy
Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Language Assistance and Planning Policy (LAP)
Limited English Proficiency Policy (LEP)
Violence Against Women Act (VAWA) Policy
Drug-Free Workplace Policy
Grievance Policy (staff and clients) (24 CFR 570.607
Termination Policy (24 CFR 570.607) (staff and clients)
Confi dentiality Policy (200.3 03 (e))
Information Technology Policy (200.3 03 )
Whistleblower Protections Policy (41 USC 4712)
Monitoring and Reporting Policy (200.329)
Record Retention Policy (570.506)
Code of Ethics Polic.v
xxxxxx
xxxxx
X_xxx
,r ,r g
D. Conflict of Interest - SUBRECIPIENT must have written conflict of interest policies. The CDBG
Program distinguishes between two types of conflict of interest: one related to organizations that carry out
the project (recipients or subrecipients). and another specific to individuals involved in providing services
and dalz-to-day project operations. SUBRECIPIENT shall have written policies related to both tvpes of
conflicts of interest.
With respect to the use of CDBG funds to procure services. equipment. supplies. or other prope4v. the
SUBRECIPIENT shall compllz with 2 CFR pan 200.3 l8- 24 CFR 570.61 l. and all state and Countv statues.
regulations. ordinances or resolutions governing conflicts of interest. With respect to all other decisions
involving the use of CDBG funds. the following restrictions shall apply: No person who is an employee.
agenc), consultant. officer- or elected or appointed official of the SUBRECIPIENT and who exercises or
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has exercised any functions or responsibilities with respect to assisted activities. or who is in a position to
participate in a decision-making process or gain inside information with regard to such activities. may
obtain a person or financial interest or benefit from the activi8. or have an interest in any contract.
subcontract. or asreement with respect thereto. or the process thereunder. either for himself or herself or
for those with whom he or she has family or business ties. during his or her tenure for one vear thereafter
If a conflict or a potential or perceived conflict of interest is to occur. the SUBRECIPIENT must contact
the COUNTY to determine whether an exception will be allowed as prescribed by the applicable federal
regulations.
In addition. SUBRECIPIENT will not emplo), or subcontract any person having any conflict of interest.
SUBRECIPIENT covenants that it will comply with all Federal Conflict of Interest. 2 CFR 200.318. and
State and Countv statutes. regulations. ordinances. or resolutions governing conflicts of interest. All
who A shall
Conflict of F
Agreement. Any employees hired later. during the period of performance for this Agreement who will work
on activities associated with this Agreement shall also complete and submit to the COUNTY the Conflict
of Interest Disclosure Form.
SUBRECIPIENT will notifiz the COUNTY. in writing. and seek COUNTY approval prior to entering into
owned in w or
the IPIENT th
that the contractor is qualified. and the costs are reasonable. Approval of an identitv of interest contract will
be in the COUNTY'S sole discretion. This provision is not intended to limit SUBRECIPIENT'S abilitv to
self-manage the projects using its own employees.
E. 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 l4 days, prior to the training.
F. B Limited English Proficiency - 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 persons") may be entitled to language assistance under
Title VI of the Civil Rights Act of 1964 (Title VI) in order to receive a particular service, benefit, or
encounter. In accordance with Title VI and its implementing regulations, SUBRECIPIENT agrees to
take reasonable steps to ensure meaningful access to activities funded with HUD 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'
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G. E Build America, Buy America - SUBRECIPIENT must comply with the requirements of the Build
America, Buy America (BABA) Act, 4l USC 8301 note, and all applicable rules and notices, as may
be amended, if applicable to the SUBRECIPIENT's infrastructure project. Pursuant to HUD's Notice,
"Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America
Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds
obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements,
unless excepted by a waiver. All infrastructure project contracts and subcontracts must contain Buy
America Preference (BAP) compliance requirements for product and material purchases, the
requirement to maintain records that verifu compliance with the BAP, and that any project-specific
waiver be approved prior to purchasing products or materials not produced in the U.S.
If BABA is applicable to this Agreement, SUBRECIPIENT shall maintain a BABA construction
checklist, product certification letter(s), and other supporting documentation or BABA waiver, as
applicable, and provide such documentation, as requested by CHS.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description FederalAmount
Project Component l: Complete First Street Corridor Pedestrian Safety Phase I
Construction project including all labor, design (including construction
administration), construction, permitting, materials, freight charges, and all other
costs and fees.
$40+t+{+0
$225.310.00
Total Federal Funds $4087t-e0
$22s.310.00
,t **
B. NationalObjective
The CDBG program Funds awarded to Collier County must benefit low- to moderate-income persons
(LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of:
LMA- Low/Mod Area Benefit
LMC - Low/I4od Clientele Benefit
LMH - Low/Mod Housing Benefit
LMJ - Low/Mod Job Benefit
LMA: Must document that at least 5l 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 for this Agreement.
LMC: Must document that at least 5l 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 for 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
5 I percent occupied by LMI households, and structures with less than three units must be occupied by 100
xtrnn
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percent LMI households. Failure to achieve the national objective under this Agreement will require
repayment of the CDBG investment for 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 5l 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 for this Agreement.
C. Performance Deliverables
Program Deliverable Del iverable Supporting
Documentation
Submission Schedule
Insurance Exhibit A - Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirfy (30) days of renewal
Special Grant Condition Policies
(Section 1.1)
Policies as stated in this
Agreement
Within sixty (60) days of
Agreement execution
Detailed Project Schedule Project Schedule Within sixty (60) days of
Agreement execution
Project Plans and Specifications Site Plans and Specifications Prior to procurement
Draft Procurement Documents
(Bid Packet)*
Independent Cost Estimate
(lCE), Method of Procurement
(MOP), Bid Advertisement, and
Solicitation Packet
Within 90 days of Agreement
execution
Subcontractor Log Subcontractor Log Initially at construction start,
and quarterly thereafter
Quarterly Progress Report Exhibit C Quarterly reports. Annually
after closeout.
Section 3 Report Certification Forms and
Supporting Documentation
Submitted with Quarterly
Report for period ending 9/30
Fair Housing Calls Report Not Applicable Not Applicable
Complaint Logs EEO and Incident Log Quarterly; within 10 days
following the end of the quarter
Annually after closeout.
Leverage Funds Report Exhibit C-1 Upon submission of the final
pay request in Neighborly.
Davis-Bacon Act Certifi ed
Payroll
Weekly Certifi ed Payroll
reports, forms, and supporting
documentation
Weekly within 7 days following
issuance ofpayroll checks or
non performing work weeks
Annual Audit Monitoring
Report
Exhibit E Annually, within 60 days after
FY end
Financial and Compliance Audit Audit, Management Letter, and
Supporting Documentation
Annually: nine (9) months after
FY end for Single Audit OR one
hundred eighty (l 80) days after
FY end
Continued Use Certification Continued Use Affidavit, if
applicable
Annually, for five (5) years after
Project Closeout
Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after
construction completion.
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Page 2344 of 3203
Annually throughout the
continued use period
Program Income Reuse Plan Plan Approved by the COUNTY Not Applicable
S ubrec ipient/Deve I oper/Vendor
Conflict of Interest Disclosure
Form
Exhibit F Upon execution of the
Agreement. for all employees
who work on activities
associated with the grant and
upon hiring of all new
employees who will work on
activities associated with the
grant.
Whistleblower Protections
Certifi cation - Organization
Exhibit G Upon execution of the
Agreement. and prior to
execution of all subsequent
Amendments.
Whistleblower Protections
Certification - Sponsor Staff
Exhibit G-l Upon excautian aflhq
Agreement. for all employees
who work on activities
associated with the grant and
upon hiring of all new
employees who will work on
activities associated with the
grant.
Affidavit Reeardiqq Labor and
Services (Traffickine)
N/A N/A
Anti-Discrimination. Fair
Housing. and Equal Opportunitv
Certification
Exhibit H Within 30 days of execution of
this Agreement. and annually
throughout the affordabi litv
period.
Never Contract with the Enemy
Certification
N/A N/A
Certification of Drug-Free
Workplace
Exhibit I Within 30 days of Agreement
execution and annually
throughout the affordabi litv
period.
Consent to Verily Irnrnigration
Status (SAVE)
N/A N/A
*,r
1.3 PERIOD OF PERFORMANCE
SUBRECIpIENT services shallbegin on October 1,2024 and shall end on geeber+bgges June 1.2027, unless
terminated earlier in accordance with provisions of Paragraph 3.8, Defaults, Remedies, and Termination. 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, following receipt of SUBRECIPIENT's written request submitted at least 30 days priorto
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Page 2345 of 3203
agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to the
SUBRECIPIENT.
I.4 AGREEMENT AMOUNT
The COI-INTY agrees to make available FOUR HUNDRED AND eNE THOUSAND THREE HUNDP€D AND
TWO HUNDRED TWENTY-FIVE
THOUSAND. THREE HUNDRED TEN DOLLARS AND ZERO CENTS ($225.310.00). for use by
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 may be approved administratively by CHS for up to l0 percent (10%) of the total funding agreement and
shall not signifu a change in scope. Fund shifts that exceed l0 percent (10%) shall require formal amendment and
approvalby the Board of County Commissioners (Board).
,r Jr :t
1.8 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. Either party may change the
address to which notices are to be sent to it by giving written notice of such change to the other paffy in the
manner herein provided for giving notice. Any notice, request, instruction, or other document 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: Meliss'e-Juarez Parker Smith. Grant Coordinator I
Collier County Government
Community and Human Services Division
3339 TamiamiTrail East, Suite 213
Naples, Florida 34112
Email: Parker.Smith@collier.gov
Telephone:W
SUBRECIPIENT ATTENTION : Jehn-Dumuek-#I
Michael McNees. Executive Director
Col lier County Community Redevelopment Agency
750 South 5th Street, Suite C
Immokalee, Florida 34142
Email:
M ichael. N{cNces(glcol I ier. gov
Telephone: (239) 252-8846
ATTENTION: Christie Betancourt, Assistant Division Director
Collier County Community Redevelopment Agency (lmmokalee)
750 South 5th Street, Suite C
Immokalee, Florida 3 41 42
Email : Chri stie. Betancourt@col I iercountyfl . gov
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))
Telephone: (239) 285-7 647
Remainder of Page Intentionally Left Blank
PART II
GRANT CONTROL
REQUIREMENTS
Jr g ,<
RECORDS AND DOCUMENTATION
J<J &
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, and in a readily
accessible, permanent, and secured location for three (3) years after the date of COUNTY'S
submission of the final performance and evaluation report to HUD, as prescribed in 2 CFR 200.334,
24 CFR 570.490 and24 CFR 570.502(a)(7Xii). 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 SUBRECIPIENT ceases
to exist after the closeout of this Agreement, it shall notifu the COUNTY in writing, of the address
where the records will be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all
requirements for retaining public records and transfer, at no cost to COUNTY, all public records in
SUBRECIPIENT'S possession upon termination of the Agreement, and destroy any duplicate,
exempt, or confidential public records that are free 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
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT W7+
239-252-5837,
Angel.Perala@collier.gov, 3299 Tamiami Trail Bast, Naples, FL 34L12.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931,
as amended, 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,
SUBRECIPIENT shall maintain records showing compliance with Federal purchasing
requirements and other Federal requirements for grant implementation. SUBRECIPIENT shall
maintain records showing compliance with the Davis-BaconAct of 1931. as amended. including
files containing contractor payrolls. employee interviews. Davis-Bacon wage rates. and
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Page 2347 of 3203
shall maintain
Hours and Work
maintain records showing compliance with Federal purchasing requirements and other Federal
requirements for grant implementation.
F. 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. Client
files will be reviewed for compliance at interim and/or closeout monitorings. SUBRECIPIENT
agrees that CHS shall be the final arbiter on SUBRECIPIENT'S compliance.
G. SUBRECIPIENT is encouraged to engage in effiorts to assure compliance with the Fair Housing
Act (42 U.S.C- $3601 et. seq.) throush Fair Housins activities offered to real estate brokers, the
general public. and other interested parties: and to track and report Fair Housing calls received.
SUBRECIPIENT shall establish a system to log all Fair Housing calls. The system must track the
nature of the calls; actions taken in response to the calls; results of the actions taken; and, if the
caller was referred to another agency, the results obtained by the referral agency. SUBRECIPIENT
must submit this call log to CHS quarterly, no later than l0 calendar days after the end of each
quarter.
H. In accordance with Section 214 of the Housing and Community Development Act and applicable
HUD CDBG guidance. SUBRECIPIENT shall be responsible for completing Systematic Alien
Verification for Entitlements (SAVE) verification for all program beneficiaries prior to the
provision of CDBG-funded assistance. SUBRECIPIENT must ensure that each assisted household
member- includins all children and adult household members. must meet elisible immisration
status requirements. SUBRECIPIENT shall obtain client consent to verift immigration status from
each household member using Exhibit N. The consent form and documentation of SAVE
the file. No CDBG ma be for
beneficiary until SAVE eligibiliU has been verified and properly recorded. SUBRECIPENT shall
retain all verification records in compliance with state record-keeping requirements and make such
documentation available for monitoring or audit upon request.
I. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in
24 CFR 570.208, and the eligibility requirement(s) under which funding was received. This
includes specialrequirements, such as necessary and appropriate determinations as defined in 24
CFR 570.208, income certification, and written agreements with beneficiaries, where applicable.
J. SUBRECIPIENT shall take reasonable cybersecurity and other measures to safeguard information
including protected personally identifiable information (PII) and other types of information in
accordance with 2 CFR 200.303(e). This includes information that HUD or the COUNTY
designates as sensitive, or other information the COUNTY considers sensitive and is consistent
with applicable Federal, State, and Local laws regarding privacy and responsibility over
confidentiality.
SUBRECIPIENT shallcomply with 2 CFR $200.303(e).2 CFR $$200.339-200.343.24 CFR Part
570. and all applicable Federal and State data protection and breach notification laws in
safeguarding information obtained or generated under this Agreement. SUBRECIPIENT shall
notifo the COUNTY in writing within twen8-four (24) hours of discovery of any actual or
suspected cybersecuri8 incident. data breach. ransomware event. or unauthorized access involving
CDBG-PII
CAOPage 2348 of 3203
or records subject to federal oversight by the U.S. Department of Housing and Urban Development.
A detailed written incident report shall be submitted within seventv-two (72) hours. and
SUBRECIPIENT shall full-v cooperate with COUNTY. HUD. and any authorized investigative
authorit_v. preserving all evidence and providing access to relevant systems and records. Failure to
comply with this provision shall constitute a material breach of this Agreement and may result in
suspension of payments. repayment of affected funds. termination. and any other remedies
permitted under federal grant regulations.
K. 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 I19, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall
ensure that exempt or confidential public records that are exempt from public records disclosure
requirements are not disclosed, except as authorizedby 2 CFR 200.337 and2 CFR 200.338
rt ,(
PART III
TERMS AND CONDITIONS
rt
3.13 PURCHASING
ing
th+eshelds.are:
Rar€ei
$H50se0 g-lA@es
$ses0+
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 200.327)
requirements will result in the more strings:nt law being applied. Current COUNTY purchasing thresholds
are:
Range:Competition Required
$0 - $10.000 Single Ouote
$10.001 - $s0.000 3 Written Quotes in writing or via COUNTY's bidding
platform
$50.001 - $250"000 3 Ouotes through COUNTY's bidding platfonn
$250.001+Formal Solicitation (lTB. RFP. etc.)
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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 Federal requirements.
SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder.
SUBRECIPIENT shall manage and CHS shall monitor contract administration. CHS shall have access to
all records and documents related to the Project.
In accordance with 24 CFR parts 570.202(bX3) &. 570.202(b)(4), to the greatest extent practicable,
SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and appliances,
that increase the effective use of energy and water in structures.
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.
SUBRECIPIENT must comply with the requirements of the Build America, Buy America (BABA) Act,
P.L. 117-58 and 4l USC Chapter 83-Buy American, and all applicable rules and notices, as may be
amended, if applicable to the SUBRECIPIENT's infrastructure project. Pursuant to HUD's Notice, "Public
Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions
as Applied to Recipients of the HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by
HUD on or after the applicable listed effective dates are subject to BABA requirements, unless excepted
by a waiver.
https://uscode.house.gov/view.xhtrn l?path:/prelim@title4 l/subtitle4/chapter83&edition:prelirn
:t ,t
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
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. The COLINTY will monitor
SUBRECIPIENT policies and practices throughout the term of the Agreement and affordability period to
ensure no discrimination is taking place. Upon receipt of evidence of such discrimination, the COUNTY
shall have the right to terminate this Agreement.
If SUBRECIPIENT engages in illegal discrimination. it risks False Claims Liabili[, when requests for
payment are submitted to the COUNTY. The COUNTY rnay withhold or reject payment upon evidence of
such discrirnination.
To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for
training and employment. Also, 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. SUBRECIPIENT shall comply with Section 3 of the Housing and Community
Development Act of 1968.
3.T9 IMMIGRATIONREOIREMENTSANDRESTRICTIONS
SUBRECIPIENT must ensure that only citizens and "qualified aliens" (such as lawful permanent residents.
refusees. or as\4ees) Lee€rye CDBc-funded benefits. Persons who are undocumented or not lawfully
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present in the U.S. cannot receive Federal funds. However. some services are available to everyone
regardless of immigration status. such as emergency medical care: short-term. in-kind emergency disaster
relief: public health assistance for immunizations and testing/treatment for communicable diseases: and
certain in-kind services (i.e.. soup kitchens or emergency shelters) delivered at the communiE level through
non-profit charitable organizations.
Oualified aliens who become lawful permanent residents are barred from Federal means-tested public
benefits for the first five (5) years in the U.S. Means-tested public benefits are defined as need-based
programs where eligibilitv depends on income/resources. Some groups (i.e. refugees. asylees. and veterans)
are exempt from this waiting period.
Federal funds ma), not be used in wa)rs that promote or subsidize illegal immigration. This includes policies
known as "sanctuary" policies - local rules or practices that limit cooperation with federal immigration
authorities. SUBRECIPIENI must certiti that its use of CDBC Funds does not conflict with Federal
Th II S
undocumented imrnigrants from deportation if they are using CDBG funds.
3+ew
iofts-or
Prejeet ereas or any p
ing-any
i"g-into
in t'hole or in part b)' SUBREC IPIENT, The eeUNTY ma,'review the proposed eentraet te ensure that
the eentraeter is qualified; and the eosts are reasonable, A-proval ef an identity ef interest eontraet w ill be
in the eeUNTY's sol
SUBREe lllENT shall establishe onfliet ef Interest reporting requirements fer its board members and staff
te repert their partieipatien as a benefieiary in the program supported b)' this Agreement, Sueh reperting
unien partnerrrnernber of the same household; parent (ineluding step and in law.) grandparent (ineluding
@
CAOPage 2351 of 3203
3.20 H+AFFIR]I{ATTVEACTION
ef September 24; 1966, Prior to award ef Funds; SUBREC IIIENT shall submit te the eeUNTY for
ion
iefl-€r
representetive ef wo
understanding; a notiee advising the labor unien er *'orker's representative of SUBRE€I|IENTS
@
SUBRECIPIENT affirms that it will provide equal employment opportunitv to allemployees and applicants
and will not engage in unlawful discrimination or preferential treatment on the basis of race. color. religion.
sex. national origin- or any other characteristic protected b), applicable law. SUBRECIPIENT further
affirms that its emolovment decisions shall be based merit- oualifications. and lawful nondiscriminatory
criteria.
SUBRECIPIENT certifies that it does not maintain or implement employment. training. or contracting
programs that violate federal anti-discrimination laws or that provide unlawful preferences based on
protected characteristics.
B IPIENT ll
conspicuous places available to employees and applicants for employment. SUBRECIPIENT'S contracting
officer shall provide notice of these commitments to anlz labor union or workers' representative with which
it has a collective bargaining agreement or other contract or understanding.
3.21 BYRD ANTI-LOBBYING AMENDMENT
The COUNTY, SUBRECIPIENT, and their contractors certifu that they will not, and have 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 3 I USC 1352, and more fully described in Section 4.54 of this
Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required
certification.
3.22 CONDITIONS FOR 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 570.2000). SUBRECIPIENT shall comply with
First Amendment Church/State principles as follows:
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.
A
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SUBRECIPIENT agrees that it shall carr.v out its employrnent practices in full compliance with all
applicable federal. state. and local nondiscrimination laws and regulations. including Executive Order
14173 and any implementing guidance issued thereunder.
Page 2352 of 3203
B
C.
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.
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 suppoft any inherently religious activities, such as
worship, religious instruction, or proselytizing. All such activities must be offered separately in
time or location from programs or services funded under CDBG. and participation must be
voluntary for program participants. In addition. all CDBG funds must be accounted for separately
from funds for inherently religious activities.
It shall not use Funds 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 INCIDENTREPORTING
If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child,
aged person, or disabled person to the COUNTY.
During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing, within one
business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County
Standard Subrecipient Incident Report Fonn shall be used to report all such incidents.
3.24 DUPLICATION OF EFFORT
PI T certifies that costs work to be ed under
do not duplicate any costs charged against any other contract. subcolltract. or other s
with 48 CFR 133 L205-70. SUBRECIPIENT agrees to advise the COUNTY in writing of any other contract
or subcontract it has performed or is performing which involves work directly related to the purpose of the
is Agreement.
3.25 #SBVERABILITY
Should any provision of this Agreement be determined unenforceable or invalid, such determination shall
not affect the validity or enforceability of any other section or part thereof.
3.26 # MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and
assigns of such other parfy in respect to allcovenants of this Agreement.
D
CAOPage 2353 of 3203
SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished
to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent
the financial position of SUBRECIPIENT.
SUBRECIPIENT understands that client information collected under this Agreement is private and the use
or disclosure of such information, when not directly connected with the administration of the COUNTY'S
or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited
unless written consent is obtained from such person receiving service and, in case of a minor, that of a
responsible parent/guardian.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and its
governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also
certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the
terms of this Agreement.
The section headings and subheadings contained in this Agreement are included for convenience only and
shall not limit or otherwise affect the terms of this Agreement.
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. Any suit or action brought by either
partv to this Agreement against the other partv relating to or arising out of this Agreement must be brought
the urts have sole
jurisdiction on all such matters.
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 COI-INTY, 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 COUNTY.
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.
3.27 g WAMR
The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act
with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or
provision shall not constitute a waiver of such right or provision.
PART IV
GENERAL PROVISIONS
rt Jr
4.15 24 CFR 75 - 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 75, and all applicable rules and orders issued hereunder
CAOPage 2354 of 3203
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
SUBRECIPIENI 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.
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 I 968, as amended ( 12 U.S.C. 1 701). Section 3 requires, 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."
Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5
percent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT
is unable to meet these benchmarks, efforts taken to meet the requirements must be described.
Examples include holding job fairs, conducting on-the-job training, outreach efforts to public
housing residents, and connecting residents to supportive services.
The Section 3 Neighborhood and Service Area tool identifies the geographic boundaries of a neighborhood
or service area that includes Targeted Section 3 workers employed on a Section 3 project. The tool assists
Section 3 funding recipients. subrecipients. contractors. and subcontractors to determine the service area or
neighborhood of a HUD-funded Section 3 project. The toolcan be found online at the following link.
hudexchange.us5.I ist-
rnanaee.com/track/click?u:87d7c8afc03ba69ee70d86lb9&kl::17q l!c9q L5&c=s09a40a84
SUBRECIPIENT furlher 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.
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Page 2355 of 3203
SUBRECIPIENT ceftifies and agrees that no contractual or other legal incapacity exists that would prevent
compliance with these requirements.
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4.29 Immigration Reform and Control Act of 1986
0 9 Qth Conoress 1.1 QR5-lQR6\' Immiorafion Reform end Control Act of 1986 lConoress sov I
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Library of Congress. Personal Responsibilitv and Work Opportuniqv Reconciliation Act or 1996
charitable
immigration status when appl),ing for federal benefits (8 U.S.C. $ 1642(d)).
https:iirvu u. lau'.corne I l.edu/uscodeitext/8i t 642
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4,47 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 hUpr..4qpgOr,lifbqli<tsripartnershiplJtlu.
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.
A. Organizations that are religious or faith-based are eligible, on the same basis as any other
organization, to participate in CDBG.
B. The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious
instruction, or proselytization as part of the programs or services funded under CDBG. If the
SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or
Iocation, from the programs or services funded under CDBG, and participation must be voluntary
for the program participants. In addition. all CDBG funds must be accounted for separately from
funds for inherently religious activities.
C. A religious SUBRECIPIENT that receives CDBG funding will retain its independence from
Federal, State, and local governments, and may continue to carry out its mission, including the
definition, practice, and expression of its religious beliefs, provided that it does not use direct
CDBG funds to support any inherently religious activities, such as worship, religious instruction,
or proselytization. Among other things, faith-based Subrecipients may use space in their facilities
to provide CDBG funded services, without removing religious art, icons, scriptures, or other
religious symbols. In addition, SUBRECPIENT retains its authority over its intemal governance,
and it may retain religious terms in its name, select its board members on a religious basis, and
include religious references in its mission statements and other governing documents.
D. The SUBRECIPIENT that participates in CDBG shall not, in providing program assistance,
discriminate against a program participant or prospective program participant on the basis of
religion or religious belief.
E. If the SUBRECIPIENT voluntarily contributes its own funds to supplement federally funded
activities, the SUBRECIPIENT has the option to segregate the federal funds or commingle them.
However, ifthe funds are commingled, the requirements listed above apply to all of the commingled
funds.
CAOPage 2356 of 3203
4.68 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended.
lrttps ://r,r'rvw'.ec li. gov /ql!u:s1r t/lltle_]UrubtLtle ArparUt
Executive Order 14173 (Amends/Revokes E.O. 12898, 13583, 13672, 11478, 11246 and Presidential
Memorandum dated October 15, 2016). E.O 14173 prohibits consideration of race, color, sex, sexual
preference, religion, or national origin in ways that violate federal civil rights laws (promoting diversity
and inclusion in the workforce).
httos :/iwwrv.federal re si ster. sov/doc uments/202 5i0 I I 1 I I 2025 -0209 Tiend i n s- i I lesal-d i scri m i nation-and-
restori n g-rnerit-based-opportu n i1-y
J<,t ,r
PART V
ADDENDUM 1. HUD POLICY REOUIREMENTS
U.S. Deparlrnent of Housing and Urban Development - FederalAward Agreement
Addendum 1. Policv Requirements
If applicable:
1. The SUBRECIPIENT shall not use srant funds to ote "sender ideolosv." As defined in Executive Order
(8.O.) 14168. Defending Women from Gender Ideologli Extremism and Restoring Biological Truth to the
Federal Government.
2. The SUBRECIPIENT agrees that its compliance in all respects with all applicable Federal anti-discrimination
laws is material to the U.S. Government's Davment isions for DurDoses of section 3729(b\@\ of title 31.
United States Code.
3. The SUBRECIIENT certifies that it does not operate any programs that violate any applicable Federal anti-
discrimination laws. including Title VI of the Civil Rights Act of 1964.
4 PIENT I not use an
l4l 82. Enforcing the Hyde Amendrnent.
5. Notwithstanding anything in the NOFO or Application. this Grant shall not be governed by Executive Orders
revoked by E.O. 14154. including E.O. 14008. or NOFO requirements implementing Executive Orders that
have been revoked.
6. The SUBRECIPIENT must administer its grant in accordance with all applicable immigration restrictions and
requirements. including the eligibilit.v and verification requirements that apply underTitle IV of the Personal
Responsibility and Work Opponunitv Reconciliation Act of 1996. as amended (8 U.S.C. 1601-1646)
(PRWORA) and anv applicable requirements that HUD. the Attorney General. Or the U.S. Citizenship and
Immigration Services rnay establish from time to time to comply with PRWORA. Executive Order 14218. or
other Executive Orders or Immigration laws.
7. No SUBRECIPIENT that receives funding under this grant may use that funding in a manner that by design or
effect facilities the subsidization or prornotion of illegal immigration or shields illegal aliens from deportation.
including b), maintaining policies or practices that materially impede enforcement of federal Immigration
statutes and regulations.
CAC;
Page 2357 of 3203
8. The SUBRECIPIENT must us SAVE. or an equivalent verification system approved by the Federal government.
to prevent an), Federal public benefit from being provided to an ineligible alien who entered the United States
illegally or is otherwise unlawfully present in the United States.
9. Faith-based organizations ma), be subrecipients for funds on the same basis as any other organization. The
COUNTY mav not. in the selection of subrecipients. discriminate against an organization based on the
organization's rel igious character. affi I iation. or exercise.
1. Exhibit F is hereby added as set forth in Exhibit F attached hereto and incorporated herein.
2. Exhibit G & G-l is hereby added as set forth in Exhibit G attached hereto and incorporated herein.
3. Exhibit H is hereby incorporated as set forth in Exhibit H attached hereto and incorporated herein.
4. Exhibit I is hereby incorporated as set forth in Exhibit I attached hereto and incorporated herein.
5. Exhibit J is hereby incorporated as set forth in Exhibit J attached hereto and incorporated herein
6. Exhibit K is hereby incorporated as set forth in Exhibit K attached hereto and incorporated herein.
7. Except as set forth herein, the Agreement remains in full force and effect.
Remainder of Page Intentionally Left Blank
(Signature Page to Follow)
*rt
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Page 2358 of 3203
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 wrifien above.
ATTEST:
CRYSTAL K. KINZEL. CLERK
AS TO COUNTY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
DANI EL KOWAL, CHAIRPERSON
Dated:Date
(sEAL)
AS TO SUBRECIPIENT:
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (IMMOKALEE)
By:
CRA Board Chair
Date:
[Please provide evidence of signing authority]
Approved as to fonn and legality:
Courtney
Assistant
cnL. DaSilva
County Attorney 3l'$lzb
Date:
caoPage 2359 of 3203
Exhibit F
Collier Coun8 Community and Human Services Division (CHS)
Subrecipient/Developer/Vendor Conflict of Interest Disclosure Form
The purpose of this document is to assist in the determination of whether additional restrictions. oversight. or other
conditions might be advisable prior to execution of any contract or providing assistance. The term "Conflict of
Interest" refers to situations in which financial or other personal considerations may compromise. or have the
appearance of compromising- professionaljudgment in following the rules and regulations applicable to your award.
Please Note: A family member is defined as: a spouse. child. stepchild. parent. sibling. domestic partner or relative
by marriage.
Please answer every question in this form and complete the form attachment. if applicable. This form must be
plovided to your assigned CHS Grant Coordinator.
Emplovee Name:
SUBRECIPIENT Name:
SUBRECIPIENT Address:
SUBRECIPIENT Citv. State. Zin Code:
Agreement Number
Fundinq Source:
Agreement Amount:
A. Familv Relationships:
directl or
oremployedwithCHSorCollierCountytIratcreatesaconflictofinterest,o
HUD's Conflict of Interest regulations?
B. Prosram Relationshios:
Does anv emplovee. board membgr er person in yeuragency sqrve or is appornted to an CHS and/ffi
Board/Cornrnittee that may create a conflict of interest. or the appearance of a conflict under the Conflict of Interest
regulations?
I-l Yes [-l No (lf YES. please cornplete the auachrnent)
Does an employee of CHS and/or Collier County serve on your agenc)r's Board of Directors. staff, or in any capacity
which may create a conflict of interest" or the appearance of a conflict under the Conflict of Interest regulations?
Yes No If YE hrn
Does any elected official of Collier County serve on the agency's Board of Directors. which may create a conflict
of interest. or the appearance of a conflict under the Conflict of Interest regulations?
I-l Yes t-t No fi f YES. please complete the attachment)
CAOPage 2360 of 3203
Is anv emplovee. board rnember and/or person (as described above) in your agency involved in any other activitv.
directl), or indirectllz. with CHS and/or Collier County of that may create a conflict of interest or the appearance of
a conflict under the Conflict of Interest regulations?
C. Business Relationships:
Is an.v emplo),ee. board lnember. person in your agenc-v. or a family member involved as an investor. owner.
emplovee. consultant. contractor. or board member with an entity that has a contractual relationship with CHS
and/or Collier Countv to orovide soods or services.sor develonrnent activities- and/or receive referrals from
CHS and/or Collier Count-v?
i-.r^l.rorl i- .rr^rl, i- - nn f hp cronf nrnoram
consultant. contractor. or board member with an entity that has a contractual relationship with my organization to
provide goods or services. sponsor development activities. and/or receive referrals.
I have read and understand the Co4flict oJf Interest Disclosure Form. I have disclosed all information required by
this disclosure. if ary,. in an attached staternent. I agree to compbt wilh oryt conditions or reslrictions imposed by
the CHS and/or Collier Countv to reduce or eliminale actual and/or potential conflicts of interest. I will update this
disclosureforntpronptl)t. if relevant circuntstances change. I understand that this Disclosure is nol a confidential
document.
Printed Name Date
Sisnature
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If U.S, HUD determines thal a conflict of inlerest exists, tltis contruct muv be voided and terminaled, and vou
may be reauired lo return anv ond all funding ollocsted, whether used or not used.
Page 2361 of 3203
Collier County-CHS
Conflict of Interest Disclosure Form Attachment
Emplovee Name:
SUBRECIPIENT Name:
SUBRECIPIENT Address:
SUBRf,CIPIENT Citv. State. Zin Code:
Agreement Number
Fundins Source:
Agreement Amount:
Plorrdq this aa4Plcled form to vour Grant Coordinator.
If you answered NO to ALL the questions. you may discard this attachment.
A. Familv Relationships:
1. Name of the farnily member(s) directly or indirectly
involved or employed by CHS/Collier County:
2. Do any of the fanril), mernbers work in the program
area?
3. Are any of the family members elected officials of
Collier County?
4. Relationship:
5. Position:
B. Prosram Relationshins:
1. Other Activities: Name and describe and
federal/countlz activiW and/or prograrn that you/-vour
organization are directly or indirectly involved with?
2. Have )zou used the agencies' name. resources
(facilities. personnel. or equipment). or confidential
information in connection with the activity and/or
prograrn described in #1 above?
If YES. describe the resource used
3. Name of the emplo),ee. board member or person (as
described above) serving or appointed to serve on an
CLIS andlnr Cn llier Cou ntrr Cnrn m ittee/Roard/nroorrrrr
4. Name of board/committee:
5. Does an), CHS employee or Count), official serve on
vour agenc-v's Board of Directors?
E
I vss INo
c40
l-l ves I-l No
I ves l-l No
Page 2362 of 3203
If yes. please complete the following information:
Name:
Position:
Department:
Supervisor:
C. Business Relationships:
Please complete this section for EACH business relationship or attach a separate explanation of
business and research activities.
l. Name of Business:
2. Categorize the business' relationship with l-l Consultant or Advisor
CHS and/or Collier Countv: n Research Activities
Briefly describe the business. or licensing
activit_v:
l-l Business or Referrals
n Other contractual or business relationship
3. Who is involved with the business? - Check n Employee Name:
allthat appl.v n Family member (name & relationship):
Describe the position or involvernent - Check
all that appl),
4. Are they receiving any tvpe of
compensation?
If YES. describe:
5. Who at the CHS and/or Collier County
oversees the relationship with this business?
Name:
Title:
Department:
Phone:
Ives INo
Printed Name Date
Signature
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n Owner/lnvestor
l-l Board Member
n Employee/Manager
l-l other:
Page 2363 of 3203
EXHIBIT G
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
WHISTLEBLOWER PROTECTIONS CERTIFICATION .ORGANIZATION
SUBRECIPIENT NAme:
SUBRECIPIENT Address:
Project Name:
Project No:
In accordance with 2 CFR 200.217 and 41 U.S.C. $ 4712. SUBRECIPIENT may not discharge. demote. or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided
below. information that the employee reasonably believes is evidence of gross rnismanagement of a federal contract
or grant. a gross waste of federal funds. an abuse of relatins to a federal contract or srants. a substantial
and specific danser to public health or safelr. or a violation of law. rule. or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant.
Ih€ listlfpertons and entities refercnced in the paragraph above includes the followins:
A member of Congress or a representative of a committee of Congress
An Inspector General
The Governrnent Accountabilitlz Office
A Treasury ernployee responsible for contract or grant oversight or management
An authorized official of the Depaftment of Justice or other law enforcement agency
A couft or qrand iurv
A manasement official or other emplovee of SUBRECIPIENT. contractor. or subcontractor who has the
a
a
a
a
a
a
a
respons ibi litvLsiqvgslr gate. d i scov er. or a
SUBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies provided under section
41 U.S.C. $ 4712. in the predominant native language of the workforce.
Bv siqnins this lbrtn. I cerlify t
for its ernplo)rees.
Name:
Signature:
Title
Date:
CAOPage 2364 of 3203
EXHIBIT G-I
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
WHISTLEBLOWER PROTECTIONS CATION-SUBRECIPIENT STAFF
SUBRECIPIENT NamC:
SUBRECIPIENT Address:
Emoloyee Name:
Project Name:
Project No:
Tn qccnrdence urifh ? C FR 200.217 and 41 U.S.C 47 r ? qT TRppc J'I- marr nnf rlisnhqroe
demote. or otherwise discriminate against an employee in reprisal for disclosine to any of the list
of persons or entities below. information that the employee reasonablv believes is
evidence of gross mismanagement of a federal contract or grant. a gross waste of federal funds. an
abuse of authorit), relating to a federal contract or grants. a substantial and specific danger to public
or a violation of law rule
competition for or negotiation of a contract) or grant.
The list of Dersons and entities referenced in the oarasraoh above includes the followine
s
a
a
o
a
a
o
o
ora
An Inspector General
The Government Accountability Office
A Treasury emplo)ree responsible for contract or grant oversight or management
An authorized official of the Department Justice or other law enforcement agencv
A court or grand jury
A manasement official or other emp of SUBRECIPIENT. contractor. or
SUBRECIPIENT shall inform its employees
subcontractor who has the responsibilitlz to investigate. discover. or address misconduct
writins of whistleblower rishts and remedies
By sisnine this form. I certifu that I have
nant native
and understand mv Whistleblower rishts and
protections as described above.
Name
Sisnature:
Date
Title:
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Page 2365 of 3203
@
Collier County
Community & Human Serviced Division
EXHIBIT H
CERTIFICATION OF COMPLIANCE
WITH ANTI-DISCRIMINATION. FAIR HOUSING.
AND EOUAL EMPLOYMENT OPPORTUNITY LAWS
SUBRECIPIENT Name:
Proqram and Proiect Name
Grant/Contract Num ber:
PURPOSE
As a condition of participation in programs funded or administered b), Collier County. all subrecipients.
contractors. developers. and vendors must compl), with all applicable federal. state. and local
nondiscrimination laws. rules. and regulations. This certificalfion affirms compliance with those
requrrements.
CERTIFICATION
The undersigned certifies that. in the perforrnance of work under this agreernent. SubrecipientName and
its ernployees. agents. and subcontractors shall compl), with non-discrimination. fair housing. and equal
opportunit}z lau,s. inclLrding but not Iirnited to: (see attaclrrnent for definitions of laws and other regulations)
1. Federal Non-Disc rimination Laws:
l. Title VI of the Civil Rishts Act of 1964 (42 U.S.C. $ 2000d et seq.) - prohibitirrg
discrimination on the basis of race. color. or national origin.
2. Title VII of the Civil Rights Act of 1964 - prohibiting employment discrimination based on
race" color. religion. sex. or national origin.
3. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Q 794) - prohibiting discrimination
based on disabilitv.
The Arnericans with Disabilities Act of 1990 (42 U.S.C. $ 12101 et seq.).
Title II of The Age Discrimination Act of 1975 (42 U.S.C. $ 6l0l et seq.).
4.
5.
6.Amendments of 1972 S.C
discrimination based on sex.
7. Section 109 of the Housing and Community Act of 1974 - prohibiting discrimination based on
race. color. national origin. religion. or sex
Act of 196 AS
Act 42 U.S.C. $ 3601 et seq.) - prohibiting discrimination in housing-related activities.
Deve ent Act of 1974
8
9
C F
Hou Act l0 A
2 State and Local Requirements:
I
2
ah.^+-. 1AA trl^.iA^ Q+^+,,+o-
-
Flnrirlo Ci.ril Pichtc Anf nf IOO?
Collier Count-v Ordinances and policies related to equal opportunity. fair housing. and
iscrimination in the
@
Community & Human Services Division o 3339 Tamiami Trait East, Suite 213 . Naples, FL 341 12-5361 . 239-252-CARE
(227 31 239 -252'C Art Q233\ . 239 -252 -57 1 3 ( RSVP) . www. co tti e r. gov
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Page 2366 of 3203
J U,ou alo nnorf unifv in Em pnf qnrl Soruice f)eliweru:
The SUBRECIPENT shall ensure that no person will. on the grounds of race. color. religion. sex.
gender identit),. sexual orientation. national origin. age. disability. familial status. or any other
protected classification. be excluded from participation in- denied the benefits of- or otherwise
subjected to discrirnination under any prograrn or activit_v receiving County funds.
4. Fair Housing:
The SUBRECIPIENT asrees to take affirmative stens to ensure eoual access to all nrosrams and
services and to carry out activities in a manner that supports the Countv's obligation to affirmatively
further fair housing.
The SUBRECIPIENT certifies that neither the hrecinient or its contractors have anv oendins or
civil rights legal proceedings against them or anlz "Probable Cause" civil rights determinations "for
fair housing and/or equal opportunity violations in the delivery of its programs and/or services
which have not been remedied.
SUBRECIPIENT will become informed of pertinent federal and local civil rights laws and
regulations that affect the execution of their seruices and activities.
5. Postins and Notice:
The SUBRECIPIENT agrees to post. in conspicuous places available to employees. applicants. and
program participants. notices setting forth this policy of nondiscrimination.
6. Certification Statements:
The SUBRECIPIENT certifies that:
A. Programs and services are accessible to persons with disabilities.
B. Reasonable accommodation will be provided upon request.
C. Facilities used for funded activities are hle or reasonable alternatives are orovided.
D. No qualified individual with a disabilitv will be excluded frorn oafticioation or denied benefits.
The SUBRECIPIENT agrees to maintain records demonstrating compliance with all these
requirenients and to cooperate with monitoring. audits. and reviews conducted by the Countv.
Grantor. or their designees.
The SUBRECIPIENT understands that failure to comply with these requirements may result in
corrective action. repayment of funds. suspension or termination of the agreement. or other
remedies pennitted by law.
Signature Page to Follow
Community & Human Services Division . 3339 Tamiami Trait East, Suite 213 . Naptes, FL 341 12-5361 . 239-252-CARE
(227 31 239 -252-C AFE Q233) . 239 -25 2-57 1 3 ( RSVP) . www.co ttie r. gov CAO
@
Page 2367 of 3203
I herebli certifl, that the organization narned above will compl-v with all applicable nondiscrimination laws.
and that allactivities under this agreement will be conducted in a manner free of discrimination as defined
b), the laws and regulations cited herein.
Authorized Representative Name:
Title:
Signature:Date:
Orsanization \ame:
Address:
Phone:
Email:
Return completed certification via upload into Neighborlv.
@
Community&HumanServicesDivision.S33gTamiamiTrait East,Suite213.Naptes,FL341 12-5361 .239-252-CARE
(2273) 239-252-CAFE Q233) . 239-252-5713 (RSVp) o www.cottier.gov CAOPage 2368 of 3203
For lnformaton Purpos€s only
Pl@ .oBide rh..eircllMt b.forc priat,ng that pogz
EQUALOPPORTUNITY
Definitions of Laws and Regulations
Congtitutioml B8is. The guarantee of ovil nghts has a consttulronal
as t{e{l as slatutory base Crv( nghts laws ae an extenson and
rnterpretaton of the equal paolecbon ard due process requrrements of
the Unted Slates Conslrluton
Ovrd.pping Covsage ot Acttviti4. Mor€ lhan one cjvil rights law
may apply lo a singte type of actvily
D.C. LAi{GUAGE ACCESS ACT 0F 2004: ftovdes grcater a@6s
and parlropaton rn publE seavEes, programs, and actv Gs to
Iesideflls of lho Dlstrrct of Columbia wfi lrmiled or m-English
p{ofcioncy by requrnng lhat Distnct go'/emment p{ograms,
dopartnents, and servlces assess he need for, and offer, ord language
seNices, provde wntlen tramlatorE ot documenls inlo any noDEnglish
language spoken by a lrmiled or m'Engl6h prolioenl poplaton bat
corEtitut€s 3 p€(cenl o. 500 rndivduals, whichever is less, of fne
population ser,/ed q encounlered, or likely to b€ sefv€d o.
encountered 'Equal Ac.ess and Full Partcrpation' ailovJs LEP
resdenls lo be rnformed of, padopale in, ard berlefl frorn public
services programs and actvrt€s offered by a oty department or agerrcy
at a level €qual to ErEhsh profcienl rndividuds Lmited o{ no English
Profdemy' means lhe rnabrlily to adequalely urdelstard ttle English
langua0e or express oneself rn lhe spoken or tlrrtteo Erulish laEuaoe.
EXECUTIVE ORDER 13166: Elimnales, to Ihe exlent pGslue, hmrted
English p.ofrciency as a barner to full ard meanlrEful patopaton by
l€tEficteft€f n all fderaly assrsted condrcfed pogra ns atu divllies.
Scction 80E{cX5) ol TITLE Vlll OF THE CIVIL RIGHTS ACT OF
1968, as an.ndcd (FAIR HOt Sltlc ACT): Requrres grantees to
adminisler ils housrrE and commun y develognent trograms in a
marrner b Altrmatrcly Furlher Far Housrm (AFFH)
HOUSING AND COMMUT{IrY DEVELOPTIENT ACT of IS Sl(N
(b)(2), a! am.nd.d and th. N.tion.l Aftord.bh liou3ing Aci 5105
(b)(3): Requre lhal lo.alit€s c€rtrfy lhey wll AFFH. Polioes shodd
actvdy p.omote grealer housng opportunites for all prsons $trile
mantaning a non-dEcrimimtory envronmenl rn all aspects of pllc
and Ervate housing markeb. Actvrtes can range from educaton,
outeach, enforcement, avddlrE undrc correnlratron ol assisted
perlons rn areas wh low- and moderate income persor6, p,ovrde
tratslalion ard nterpretalton seMces for persons who are Lrmrted
Er{hsh Prolioent, ass6t rn lhe development of acc€sside horsng for
pe$ons wth drsdrlltres, etc
EXECUTIVE ORDER 12E92: LcadeBhip end Coordination ot Fair
Hou3ing in Federel Program3: Aflirmdively Fudh..ing Fair
Hou3ing, I amended: Requres federal agenoes to affrmatvely
fu{ther fair hoJsrng rn lh€lr programs ard actMt€s, and pfovdes that
the Secretary ol HUo wll be responsibls lor coordinatrrE ttle effort
The order also estabtushes the Presrdonts Fatr Hot6tng Counctl, which
wllbe charred by the Secretary ol HUD
llpdatld 03/12 0 Pll t0 S6
ATTACHMENT TO EXHIBIT H
TITLE Vl OFTHE CIVIL RIGHTS ACT OF 1964 (TITLEVI): Eolrbb
disqmrnaton bassd on racs, cdor or natiord dEln in yrydns ald
adlutos rec€ryrE 'F€de{al linanqd assistance ' Co.nplanb recdr€d
ton a yqran patkipad or seryice ,ecrpied will be fdwarded b ltE
Farr Housrng Equd Opportunty diMson al he U S D€patnsnl of
Hous[E and Udan Developmont
hth6 /tu/ww.luslEe qov/cruf cs/trtlevlo',/o.view
EXECUTIVE ORDER i1063, NON-DISCRIMINATIOI: (r&rF
A*iminlion rnd Equ.l O?pa/tun y it Hou.irg) drects HUD ard
all oher exeqrtve dspartmenb ad eenqes to lake app.op.rate acto.r
to Fomole lhe abandornnent of discnminalory practces regsrding
prop€rty q faohtes (}l ned of operated by ttE Federd Govemrnenl
or trovidod w{h Federalfnanqd asristance in the sde, leasrru, rental,
or other dlsposlrcn of sudl proprty or faolrhes
AGE olSCRl lNATlOtl ACT OF 1975: Prohihts (1) d6c{immaton
bas€d on age in Wqruns arjlivili.Js rcceiving Febrd tir@cid
assislance drrectly oa ttlough cootractual, lc€nsing, or olher
anangements, and (2) age distrnctons o( aclioaE that have fE effed,
based on age, of
. excludrlg rndviduds from, d€nyrng thern he benefits of, suqedng
hsrn to discnminaton under, a progran or &twty recdving lederal
frnanoal assEtanco. oa. denyrng or limrtrq indivduals ttErr opporlunily to padiopate in
any prcgram o( actrv y recsving F€deralinatcial assistance
SECTON 109, HOUSING & COMMUN'TY DEVELOPiIEI{T ACT OF
1974: Requrres hal no persm rn the Unrted Slates shall-{o ttr-. grounds
of ra@, cdor. nationd oflgrn, reluoo or sex- b€ exduded froan
patoipatm rn, be defled benelits of, or b€ subjecled to dsmmrnalrm
\n&t a1y ptogrcn ot elw rccef.titu Fderd linarial assi$aDe mado
available under lhe Acl S€ctrd 100 also drccls thal the fohbitor6
aganst dscnmimton based on age urder the Ag€ Discrimimton Ad
ard lhe prohrbitons based on disatility urde. Secton 5Ol shdlapply
lo programs or actrvrtes receMru F€deralfndloal assistance unds Tille
I programs.
EXECUTIVE ORoERJ1246, as amendrd: Bars dscnmrmton in l€derd
employment because of re, cohr, relrgon, sex, or rEtonal ongin Thls
order was supers€ded by Erecutve Order 11478 {S€c 401: 1101), $rch
cdled lor affirmatrve acton p.ograms for equd oppqtroty at 0E agency
le\el under ge{leral supervison ol the Crv SaMc€ Commssion
Title llofthe AMERICAi{S WTH DISABILITES AcT ot'1900: Tde ll ol
th€ Ameacans Wth Dis€hlitles Ad prohbts dscnmrnalrm bas€d on
dlsahlity in programs, servrces, and actjv{ies provded or made avalaue
by publc entlres These prolrsons as lhe sane as those in Sedion 5M
excspt hey apdy to dl p(ograms and aclv e6- nol pst hce liJ.ded wlth
Fede(d fnamal assrslance HUD enlorc€s Tite ll when rl relates to stale
and local public housrng, hc{rsirE assslarEe ard ho6irE refends
ExEcUTlvE ORDER 13217: Community-Balrd Alte.n.tivB for
lndividuals with Dieebilitie., 6/192001 Requrres federd agenoes to
evaluate thef policres dd programs lo delemme d any can be revEed or
modfted to rmpro\€ he arailahl y ol conmufity-bas€d I'vrng
anarEemeflls for persons wilh dlsablilBs
TITLE U OF THE EDUCATON A ENoMENTS OF 1972 - Tite lXis a
comprehensi',ie federal law hat prchbrb drscnminatrm based m sex rn
a/xy fededly tudd educaton prryan ot adivity lhe pnncide oqectve
of Trtle lX is to avqd lhe use o{ fede.al mdley to suppdl serudly
discflmrnatory praclE€s m educallon programs slEt as sexualhaassment
ard emdoymenl discdmination, and to provide indMdual
Comm u nity & Huma n Se rvices Division . 3339 Ta m iam i Trait East, Suite 21 3 . Naptes, FL 34't 12-5361 . 239-252-CARE
(2273) 239-252-CAFE 122331 . 239-252-57'1 3 (RSVP) r r/ytl ay.settlslgey CAO
I.b-t
Page 2369 of 3203
ATTACHMENT TO EXHIBIT H - Page 2
citizens effective protection against those practices. Title lX applies, with
a few specific exceptions, to all aspects of federally funded education
programs or activities. ln addition to traditional educational institutions
such as colleges, universities, and elementary and secondary schools,
Title lX also applies to any education ot tnining prcgnm operated
by a rccipient of federcl financial assisfarce. Nlany of these education
program providers/recipients became subject to Title lX regulations when
the Title lX final common rule was published on August 30, 2000.
APPLICABLE REGULATIONS
24 CFR Pan 1: Nondiscrimination in Federally Assisted Programs
of HUD: lmplementing regulations for Title Vl of the Civil Rights Act of
19M.
24 CFR Part 3: Nondiscrimination on the Basis of Sex in Education
Programs or Activities receiving Federal Financial Assistance:
lmplementing regulations forTitle lX of the Education Amendments Act of
1972.
24 CFR Part 8: Nondiscrimination Based on Handicap:
lmplementing regulations for Section 504 of the Rehabilitation Act of
1973. These regulations obligate recipients of funding to make their
programs accessible to persons with disabilities. The regulations also
establish physical accessibility requirements when Federal financial
assistance is used for new construction or rehabilitation of housing.
24 CFR Parts 91.225 (a)(1): Affirmatively Furthering Fair Housing
(CDBG Entitlement grantees): Each jurisdiction must certify that it will
aflirmatively further fair housing, including conducting an analysis of
impediments to fair housing choice, taking appropriate actions, and
maintaining records.
24 CFR 570.487(b): Affirmatively Furthering Fail Housing (CDBG
states and small cities grantees):. Requires the state and each local
govemment to certify that it will aflirmatively further fair housing. The
state is required to assume responsibility by: (1) conducting an analysis
to identify impediments to housing choice; (2) taking appropriate actions
to overcome the effects of the impediments; (3) maintaining records of
analysis and actions, and (4) ensuring that units of local government
funded by the state comply with the certification requirements.
24 CFR 570.601: Fair Housing (CDBG Entitlement grantees): The
following apply: Title Vl of the Civil Rights Act of '1964 (and
implementing regulations at 24 CFR Part 1); Housing and Community
Development Act (including $1 04(b)(2)); and Executive Order 1 1063, as
amended by 12259 (with implementing regulations in 24 CFR part 107.
24 CFR Parts 100.125: Fair Housing. 9100: Discriminatory conduct
under the Fair Housing Act gl 03: Fair Housing Complaint processing
$107: Nondiscrimination and equal opportunity in housing under EO
11063 $108: Compliance procedures for affirmative fair housing
marketing $110: Fair housing poster 9115: Certification and funding of
State and local fair housing enforcement agencies $121: Collection of
data $125: Fair housing initiatives program.
24 CFR 570.206(c): Fair Housing Aclivilies:. CDBG Program
Adminiskative Costs include the provision of fair housing services
designed to further the objectives of the Fair Housing Act, including
enforcement and other activities designed to further the objective of
avoiding concentrations of assisted persons in areas containing a high
proportion of low and moderate income persons.
24 CFR Part 91.325(b)(5): Compliance with anti-discrimination taws. A
certification that the grant will be conducted and administered in
lJ pdated 03/l20Pl,i:t0:S!
conformity with Title Vl of the Civil Rights Act of 1964 and the Fair
Housing Act, and implementing regulations.
24 CFR 570.608 and Part 35: Lead.Based Paint: Children under
age six are particularly susceptible to hazards from lead based
paint. Ownes of units where lead paint has been controlled can
affirmatively market those units to families with children. lf a unit has
not undergone lead hazard control treatments, a family with children
may choose to live in the unit, if the housing provider advises the family
of the condition of the unit. A family cannot be forced to permanently
move from a unit if the family declines treatment of lead hazards,
although the housing provider can offer incentives for the move.
CPD-05-09 (issued November 3, 2005). Accessibility Notice: Section
504 of the Rehabilitation Act of '1973 and The Fair Housing Act and their
applicability to housing programs funded by the HOME lnvestment
Partnerchips Program and the Community Development Block Grant
Program.
CPD-05-10 (issued November 3, 2005). Accessibility for Persons with
Disabilities to Non-Housing Programs funded by Community
Development Block Grant Funds - Section 504 of the Rehabilitation Act
of 1973, the Americans with Disabilities Act and the Architectural
Barriers Act
Major Community Development Based Grant (CDBG) activities and te
conesponding civil rights laws that affect them.
CDBG
ACTIVITY APPLICABLE FEDERAL CIVIL RIGHTS LAWS
Benefits,
Services
Methods of
Adminiskation
Housing and
Related
Facilities
Employment
Contracting
(Business
Opportunities)
DisplacemenU
Relocation
Title Vl, Civil Rights Act of 1964
Section 109, Housing and Community Development Act of
1974, as amended (HCDA 1974)
Section 504, Rehabilitation Act ol 1973, as amended
Age Discrimination Act of 1975, as amended Section
104, HCDA of 1974, as amended
Title Vl I l, Civil Rights Act of '1 968, as amended (Federal
Fair Housing Law)
Executive Order 1 1063, as amended
Section 104, HCDA of 1974, as amended
Section 1 09, HCD Act of 1 974, as amended
Section 3, Housing and Urban Development Act of 1968
as amended (HUDA of 1968)
Executive Order 'l 1 246, as amended
Section 504, Rehabilitation Act of 1973, as amended
Section 109, HCDAof1974, as amended
Section 3, HUDA of '1968, as amended
Tjtle Vl, Civil Rights Act of 19M
Section 109, HCDA ol 1974, as amended
Title Vlll, Civil Rights Act of 1968, as amended
Section 104, HCDA of 1974, as amended
community & Human Services Division . 3339 Tamiami Trait East, suite 213 . Naptes, FL 341 12-5361 . 239-252-CARE
(227 31 239 -252-CAFE Q233\ . 239 -252_57 1 3 ( RSVp) . www.co I i e r. gov CAO
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Page 2370 of 3203
SUBRECIPIENT NAme:
SUBRECIPIENT Address:
Grant/Proiect NaLle:
G rant/Pro i ect t..- um ber:
The SUBRECIPIENT certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notif.ying ernployees that the unlawful manufacture. distribution. dispensing.
possession or use of a controlled substance is prohibited in the grantee's workplace and specifoing the
actions that will be taken against employees for violation of such prohibition:
(b) Establishing a drug-free awareness program to inform emplo)rees about-
(1) The dangers of drug abuse in the workplace:
(2) The SUBRECIPIENT'S polic), of maintaining a drug-free workplace:
(3) Anlr available drug counseling. rehabilitation and employee assistance programs. and
(4) The penalties that rna), be imposed upon employees for drug abuse violations occurring in the
workplace.
(c) Making it a requirernent that each employee to be engaged in the performance of the grant be given a
cop), of the statement required by paragraph (a):
(d) Notifizing the employee in the staternent required b.v paragraph (a) that. as a condition of employment
under the grant. the employee will-
(1) Abide by the terms of the statement: and
(2) Notif,, the emplo),er of an), criminal drug statute conviction for a violation occurring in the
workplace no later than five days after each conviction:
(e) Notifying the agenc)z within ten days after receiving notice under subparagraph (dX2) from an
employee or otherwise receiving actual notice of such conviction:
(f) Taking one of the following actions. within 30 da),s of receiving notice under subparagraph (dX2). with
respect to any emplovee who is so convicted-
(1) Taking appropriate personnel action against such an employee. upto and including termination: or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal. State. or local health. law enforcement. or other
appropriate agency:
Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs (a). (b). (c). (d). (e) and (fl.
Authorized Representative Name:
Title:
Signature:
Date:
Collier County
Community & Human Services'Division
EXHIBIT I
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIREMENTS
@
Community & Human Services Division . 3339 TamiamiTrait East, Suite 213 . Naptes, FLg4112-5361 . 239-2S2-CARE
(2273) 239-252-CAft Q233) . 239-252-5713 (RSVP) . www.cottier.gov CAO
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Page 2371 of 3203