Agenda 04/14/2026 Item #16L1 (To improve accessibility and pedestrian and motorist safety within the Immokalee Community Redevelopment Area (CRA)4/14/2026
Item # 16.L.1
ID# 2026-322
Executive Summary
Recommendation that the Board, acting as the Community Redevelopment Agency (CRA) approve a Second
Amendment to Agreement CD24-02 to increase time to the period of performance, and reduce the Federal Funding
amount to support the reduction in activities for said Agreement between Collier County and Collier County Community
Redevelopment Agency (Immokalee) for FY 2024/2025 Housing and Urban Development (HUD) Community
Development Block Grant (CDBG), authorize the Chair of the CRA to sign the Second Amendment, and authorize the
necessary Budget Amendment. (This item is a companion to Item 16D6)
OBJECTIVE: To improve accessibility and pedestrian and motorist safety within the Immokalee Community
Redevelopment Area (CRA).
CONSIDERATIONS: This item requests that the BCC, acting as the CRA, approve the Second Amendment for CD24-
02 to fund the construction of Phase I which addresses the southern segment of the First Street Corridor without ROW
encroachments. The Period of Performance for the finalization of Phase I has been extended from April 29, 2026, to
June 1, 2027. The Funding for the construction of Phase I has been reduced from $401,371 to $225,310. Subsequently,
a new agreement will be processed to finalize the construction of Phase II after the easement acquisition process has
been completed.
On June 28, 2022, Community and Human Services (CHS) processed grant agreement CD22-03 between the CRA and
the BCC for CDBG funds for the whole First Street Corridor from Main Street (SR29) to School Road/Seminole
Crossing Trail. The agreement was approved by the BCC on June 28, 2022. The grant agreement for design was
approved by the CRA (BCC) board on September 13, 2022, for the CDBG $250,000 grant.
Kisinger Campo & Associates (KCA) was selected for the project design, with work commencing on July 21, 2023.
KCA's Lighting Design Memo recommended full corridor lighting, supported by County departments. Following
approval of alternative lighting fixtures, KCA's design adjustments aimed to reduce the number of new poles from 30 to
20, with 14 existing poles retrofitted. However, some existing poles and proposed poles and conduits require placement
outside the right-of-way (ROW), necessitating easement acquisition for 19 locations.
On February 27, 2024, the BCC approved an after-the-fact electronic grant application submittal to CHS’s FY2024/2025
HUD CDBG program seeking funding in the amount of $1,200,000 for the construction of the First Street Pedestrian
Safety Improvement Project for the whole First Street corridor. CHS provided notification of the recommendation for
funding in the amount of $1,001,371 in CDBG funds for the project on April 8, 2024.
On July 23, 2024, the BCC approved the Collier County Consolidated Action Plan for Federal Fiscal Year 2024 -2025
for the CDBG Program with Resolution 2024 -138. The CRA accepted the funds and approved Subrecipient Agreement
CD24-02 on September 10, 2024, in the amount of $1,001,371 for the construction of the First Street Corridor
Pedestrian Safety Improvement Project in Immokalee.
To manage ROW conflicts, the project was divided into two phases: Phase I addresses the southern segment without
ROW encroachments, and Phase II will address remaining areas requiring acquisitions.
To accommodate the phasing of the project, a First Amendment for a 60-day extension to CD22-03 was approved
October 22, 2024, by the BCC as presented by CHS. On November 12, 2024, the Board acting as the CRA also
extended the grant deadline to December 26, 2024, for design of Phase I.
On December 10, 2024, the CRA approved the Second Amendment for CD22-03 for the completion of the design
portion of Phase I, extended the period of performance deadline to January 6, 2025, and reduced the Federal Funding
amount to support the reduction of activities specific to Phase I from $250,000 to $189,000 with respect to the design
only of Phase I.
On February 11, 2025, the BCC approved CRA’s 16.L.2 companion item to CHS’ 16D3 BCC approved First
Amendment for CD24-02 on January 14, 2025, to reduce the award from $1,001,371 to $401,371 and reduce the period
Page 3043 of 3203
4/14/2026
Item # 16.L.1
ID# 2026-322
of performance from April 30, 2026, to October 31, 2025, for Phase I Construction.
On October 7, 2025, the County Manager approved an administrative 180-day period of performance extension from
October 31, 2025, to April 29, 2026, while undergoing the award process. The solicitation request for bids was initiated
on July 7, 2025, and the Contract Agreement for Phase I was fully executed January 21, 2026. Staff are proceeding
with required activities to issue a Notice to Proceed to begin Phase I construction.
Staff is working with CHS and Fiscal and Public Transit Services Divisions to ensure compliance with all grant
requirements.
This item is consistent with the Infrastructure and Asset Management Element of Collier County’s Strategic Plan by
planning, modernizing, and maintaining public infrastructure and facilities to efficiently and sustainably meet the needs
of our community. The project advances the County’s objectives by improving roadway safety, enhancing public
utilities, and strengthening community facilities, thereby supporting long-term mobility, safety, and quality of life for
residents and visitors.
FISCAL IMPACT: Funding for this Amendment will complete the construction of Phase I. A Budget Amendment is
required in the amount of ($176,061) to reduce the award amount from $401,371 to $225,310 in the Immokalee CRA
Fund (1027) Project 33831.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for CRA
approval. -HFAC
RECOMMENDATION(S): That the Board, acting as the Community Redevelopment Agency (CRA) approve a
Second Amendment to Agreement CD24-02 to increase time to the period of performance, and reduce the Federal
Funding amount to support the reduction in activities for said Agreement between Collier County and Collier County
Community Redevelopment Agency (Immokalee) for FY 2024/2025 Housing and Urban Development (HUD)
Community Development Block Grant (CDBG), and authorize the Chair of the CRA to sign the Second Amendment,
and authorize the necessary Budget Amendment.
PREPARED BY: Christie Betancourt, CRA Assistant Director
ATTACHMENTS:
1. Second Amendment Immokalee CRA
2. CD24-02 BA to reduce Budget to $225310_3.25.26
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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
FederalAward Date 10t2024
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA#14.218
Total Amount of Federal
Funds Awarded
$4087+e0
$225.310.00
Subrecipient Name Collier County
Community
Redevelopment Agency
(Immokalee)
UEI#JWKJKYRPLLU6
FEIN 59-6000558
R&D NA
Indirect Cost Rate NA
Period of Performance 10t01t2024 - +eB+12+?s
061U202711
Fiscal Year End 9130
Monitor End:1012032
SBCOND AMENDMBNT TO
AGREEMENT BETWEEN COLLIER COUNTY
AND
Collier County Community Redevelopment Agency (Immokalee)
CDBG Grant Program - Construction
THIS 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 at3339
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 5th Street, Suite C,lmmokalee, FL34142.
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.
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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
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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
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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
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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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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
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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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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).
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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
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RECORDS AND DOCUMENTATION
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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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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 3054 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
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PART III
TERMS AND CONDITIONS
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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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Page 3055 of 3203
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
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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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Page 3056 of 3203
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 3057 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 3058 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 3059 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
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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 3060 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 3061 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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q l,o-
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 3062 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).
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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 3063 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)
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Page 3064 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 3065 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 3066 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 3067 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 3068 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
CAO
n Owner/lnvestor
l-l Board Member
n Employee/Manager
l-l other:
Page 3069 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 3070 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:
CAO
Page 3071 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
CAO
Page 3072 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 3073 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 3074 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 3075 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 3076 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
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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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