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Backup Documents 05/27/2014 Item #16D16 ORIGINAL DOCUMENTS CHECKLIST-& ROUTING SI$I v IJ 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, ACA County Attorney Office 6(1 pl/g,,, a 2. BCC Office Board of County ..- r Commissioners V ‘,/ 6113k\� 3. Minutes and Records Clerk of Court's Office PT ta i l 3 1-L I 1':13 ` I`- 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 o the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Phone Number Contact/ Department Lisa Oien 252-6141 6'41( - P'C .- `it Agenda Date Item was Agenda Item Number Approved by the BCC May 27,2014 /, 1 L- - -* 1'!O Type of Document Number of Original Attached Grant modification forms in triplicate for Documents Attached each grant,A,Z,K and DREF(original 3 0-C e• c...,1` signatures needed),4 cover letters one for ` ` each grant �`�S ��-`( `r_ PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/ (Not appropriate. (Initia) plicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, Rn 7/6 i/ 4'il,- 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed i l� by the Office of the County Attorney. f"i 4. All handwritten strike-through and revisions have been initialed by the County Attorney's ` tv,/ A-, Office and all other parties except the BCC Chairman and the Clerk to the Board �J/ 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 'gt'' 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. ‹,-- 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. . -e-- Some documents are time sensitive and require forwarding to Tallahassee within a certain R time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/27(rand all changes made during e the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the a BCC,all changes directed by the BCC have been made, and the document is ready for t'- ( .. Chairman's signature. 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 16016 MEMORANDUM Date: June 16, 2014 To: Lisa Oien, Grants Coordinator Housing, Human &Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Modifications to DRI Grant Contracts: #10DB-D4-09-21-01-K09 Modification #9 #12DB-P5-09-21-01-K39 Modification #3 #07DB-3V-09-21-01-Z01 Modification #10 #08DB-D3-09-21-01-A03 Modification #8 Attached for further processing are three (3) original copies of each modification document referenced above approved by Board of County Commissioners as Agenda Item #16D16 on Tuesday, May 27, 2014. Copies of each modification will be held in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachments (12) t,-.,„, , �� 16016 „ _,, #,:,,,;:-., Board of Collier County Commissioners Donna Fiala Georgia A. Hiller, Esq. Tom Henning Fred W. Coyle Tim Nance District 1 District 2 District 3 District 4 District 5 May 27, 2014 Garry Thomas, Government Operations Consultant II Florida Department of Economic Opportunity Caldwell Building 107 E. Madison Street, MSC-400 Tallahassee, FL 32399 Re: Disaster Recovery Initiative Contract#10DB-D4-09-21-01-K09 Modification #9 Dear Mr. Thomas: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement#10DB-D4-09-21-01-K09. Requested changes will facilitate expending the grant funds and allow Collier County to address certain Disaster Recovery needs in the Community. This modification will accommodate the following activities: • Revise activity work plans • Revise the Budget and Scope of Work • Change number of accomplishments and beneficiaries • Add five new Service Areas The enclosed modification was approved by the Board of Collier County Commissioners at a regularly schedul d public meeting on May 27, 2014. Sincerely, Tom enr i F . Chairman, Board of Cort(rnissioners Collier County, Florida 3299 Tamiami Trail East,Suite 303•Naples,Florida 34112-5746.239-252-8097•FAX 239-252-3602 16 Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 MODIFICATION NUMBER 9 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ("the Department"), and Collier County, ("the Recipient"), to modify DEO/DCA Contract Number 10DB-D4-09-21-01-K09, award dated June 22, 2010 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $ 9,963,208.00 to Recipient under the Disaster Recovery Initiative Program("DRI") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: ❑ Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ❑ Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of. ® Revise Activity Work Nan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ® Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. (79) 160 16 Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Modification Number: 9 DEO/DCA Contract Number: 10DB-D4-09-21-01-K09 Recipient: Collier County Page 2 ❑ Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. n Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment , Activity Work Plan section, which is attached hereto and incorporated herein by reference. ® Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. n Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with "Department of Economic Opportunity" where appropriate in context. RI Other: Add five new Service areas. �f Department of Economic Opportunity—Disaster Recovery Initiative 16 Q 16 Modification to Subgrant Agreement 6/1/2013 Modification Number: 9 DEO/DCA Contract Number: 10DB-D4-09-21-01-K09 Recipient: Collier County Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Development Recipient: ollier ounty By: B . Name: Robert Dennis Name: Tom Henning (�� Title: Community Program Manager Title: Chairman, BCC Commissioners Date: Date: 5 /2 Approved as to form and legality ATTEST: . DWIGHT E. BROCK, Cteri( Assistant County A 0.55 er Item# +�f' 5,g Attest a • • • an s signature only. • Agenda Date Date -ecd a r eputyl 160 16 Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties," type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an "X" in the check box before "Other" at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must have signature authority.) 11. Submit three originals of the modification along with the required supporting documentation. Z 169 16 CD . 73 O C c) O ; ; K -o. C N m w w w cAo 0o D m co M A Ca N -. 0 •-•• M 0 C i CD -1 a c o C) O C CD m > = o D -I a C m CD CD a �c c�D a 0 �. 3 CD Z D or 5. Q f n w oe v Cu n 5 5' . 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Coyle Tim Nance District 1 District 2 District 3 District 4 District 5 May 27, 2014 Garry Thomas, Government Operations Consultant II Florida Department of Economic Opportunity Caldwell Building 107 E. Madison Street, MSC-400 Tallahassee, FL 32399 Re: Disaster Recovery Initiative Contract #12DB-P5-09-21-01-K39 Modification #3 Dear Mr. Thomas: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement#12DB-P5-09-21-01-K39. Requested changes will facilitate expending the grant funds and allow Collier County to address certain Disaster Recovery needs in the Community. This modification will accommodate the following activities: • Extend Agreement • Revise activity work plans • Revise the Budget and Scope of Work • Change number of accomplishments and beneficiaries The enclosed modification was approved by the Board of Collier County Commissioners at a regularly sch duled pu is meeting on May 27, 2014. Sincerely, ` Tom Henning Chairman, Board of Commissio ers Collier County, Florida 3299 Tamiami Trail East,Suite 303•Naples,Florida 34112-5746.239-252-8097•FAX 239-252-3602 16 D 16 Department of Economic Opportunity—Disaster Recovery ry Iniatwe Modification to Subgrant Agreement 6/1/2013 MODIFICATION NUMBER 3 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ("the Department"), and Collier County, ("the Recipient"), to modify DEO/DCA Contract Number 12DB-P5-09-21-01-K39, award dated June 22, 2010 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $ 3,335,131.91 to Recipient under the Disaster Recovery Initiative Program ("DRI") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; WHEREAS, pursuant to the provisions of Chapter 2011-142, Laws of Florida, the DCA Division of Housing and Community Development was transferred to the Department of Economic Opportunity effective October 1, 2011; and the parties wish to reflect the new name. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: El Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ® Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of 12/21/2014. ® Revise Activity Work Plan 3. The Attachment I, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment I, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ® Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 16 0 16 Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Modification Number: 3 DEO/DCA Contract Number: 12DB-P5-09-21-01-K39 Recipient: Collier County Page 2 ❑ Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. [] Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment , Activity Work Plan section, which is attached hereto and incorporated herein by reference. ® Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. ❑ Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with"Department of Economic Opportunity" where appropriate in context. ❑ Other: 160 16 Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Modification Number: 3 DEO/DCA Contract Number: 12DB-P5-09-21-01-K39 Recipient: Collier County Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Development Recipient: ollier ounty By: • ( � Name: Robert Dennis Name: Tom Henning Title: Community Program Manager Title: Chairman, BCC Commissioners Date: Date: 5 /2 7 7 C't ATTEST: Approved as to form and legality DWIGHT E. BROC , Clef* 9y: t ' istant County Attorney z �� ai t si as to Milf.n 0-' \� signature only., ,..zmm� . item# 1621)11P Agenda 4.. Date J j 4 Date /„,t (�. 6 Recd 1(� ` pep 160 16 Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click"on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties,"type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an"X" in the check box before "Other" at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must have signature authority.) 11. 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O (0 co� _ � 3 a r 0 r+1 1 1 o ....1 0) v (D -41• O n 1 p _, N O O it CD w A w d 3 o 3 l p n o ° o 3 5 0 a3 O y Q. y O O j C 0 n � CD N 0 - J O (O El (O N (D a) (DD N ® 0 O 5 * -0 c 0 3 eo 0 1 U 0 a cn N C.) O 1 W C.: � 1611 16 Board of Collier County Commissioners Donna Fiala Georgia A. Hiller, Esq. Tom Henning Fred W. Coyle Tim Nance District 1 District 2 District 3 District 4 District 5 May 27, 2014 Garry Thomas, Government Operations Consultant II Florida Department of Economic Opportunity Caldwell Building 107 E. Madison Street, MSC-400 Tallahassee, FL 32399 Re: Disaster Recovery Initiative Contract#07DB-3V-09-21-01-Z01 Modification #10 Dear Mr. Thomas: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement#07DB-3V-09-21-01-Z01 Requested changes will facilitate expending the grant funds and allow Collier County to address certain Disaster Recovery needs in the Community. This modification will accommodate the following activities: • Extend Agreement • Revise activity work plans • Revise the Budget and Scope of Work • Recognized program income and increased budget The enclosed modification was approved by the Board of Collier County Commissioners at a regularly scheduled(public meeting on May 27, 2014. Sincerely, • • Tom H nning Chairman, Board of Comm&ioners Collier County, Florida 3299 Tamiami Trail East,Suite 303•Naples,Florida 34112-5746.239-252-8097•FAX 239-252-3602 16 ? 1 6 Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subg rant Agreement 6/1/2013 MODIFICATION NUMBER 10 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ("the Department"), and Collier County, ("the Recipient"), to modify DEO/DCA Contract Number 07DB-3V-09-21-01-Z01, award dated June 20, 2007 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $ 2,340,285.64 to Recipient under the Disaster Recovery Initiative Program ("DRI") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: I I Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ® Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of 12/21/2014. ® Revise Activity Work Plan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ® Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. rn 16016 Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Modification Number: 10 DEO/DCA Contract Number: 07DB-3 V-09-21-01-Z01 Recipient: Collier County Page 2 ❑ Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. n Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment , Activity Work Plan section, which is attached hereto and incorporated herein by reference. n Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. n Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with "Department of Economic Opportunity" where appropriate in context. �f Other: The overall budget has been increased by $403.64 due to program income. The amount of $80.73 was added to activity 21A, Administration. The balance of$322.91 was added to Activity 12 Replacement Housing Service Area#2. a`) 160 16 Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Modification Number: 10 DEO/DCA Contract Number: 07DB-3 V-09-21-01-Z01 Recipient: Collier County Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Development Recipien Coll' .) County By: • 1,/ N Name: Robert Dennis Name: Tom Henning Title: Community Program Manager Title: Chairman, BCC Commissioners Date: Date: 57Z 7/l c y ,_ y Approved as to form and legality DWIGHT E. BROOK,frlark •• Item - / L I istant ounty `tomey A� �*.7 Fyne~Ya a'�� Attest as t rma ctj.e �� signature only. Red Redd (0_13ALk I) , Aloft-• a`� 16016 Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties," type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an"X" in the check box before "Other" at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must have signature authority.) 11. 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Madison Street, MSC-400 Tallahassee, FL 32399 Re: Disaster Recovery Initiative Contract#08DB-D3-09-21-01-A03 Modification #8 Dear Mr. Thomas: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement#08DB-D3-09-21-01-A03 Requested changes will facilitate expending the grant funds and allow Collier County to address certain Disaster Recovery needs in the Community. This modification will accommodate the following activities: • Extend Agreement • Revise activity work plans • Revise the Budget and Scope of Work • Recognized program income and increased budget The enclosed modification was approved by the Board of Collier County Commissioners at a regularly scheduled public meeting on May 27, 2014. Sincerely, j Tom H nning Chairman, Board of Commissioners Collier County, Florida 3299 Tamiami Trail East,Suite 303•Naples.Florida 34112-5746.239-252-8097•FAX 239-252-3602 16916 Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 MODIFICATION NUMBER 8 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ("the Department"), and Collier County, ("the Recipient"), to modify DEO/DCA Contract Number 08DB-D3-09-21-01-A03, award dated May 14, 2008 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $ 2,814,698.15 to Recipient under the Disaster Recovery Initiative Program ("DRI") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: I Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ® Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of 12/21/2014. ® Revise Activity Work Plan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ® Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Department of Economic Opportunity—Disaster Recovery Initiative „l, 16 Modification to Subgrant Agreement 6/1/2013 Modification Number: 8 DEO/DCA Contract Number: 08DB-D3-09-21-01-A03 Recipient: Collier County Page 2 I Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. I F Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment , Activity Work Plan section, which is attached hereto and incorporated herein by reference. (� Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with "Department of Economic Opportunity" where appropriate in context. Fl Other: The overall budget has been increased by $3,762.92 due to program income. The amount of $752.58 was added to activity 21A, Administration. The balance of $3,010.34 was added to Activity 12 Replacement Housing Service Area#7. C Department of Economic Opportunity—Disaster Recovery Initiative 4 Modification to Subgrant Agreement 1 0,216 Modification Number: 8 DEO/DCA Contract Number: 08DB-D3-09-21-01-A03 Recipient: Collier County Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Development Recipient: biller c f unty R /f By: •• /A � /.4 . Name: Robert Dennis Name: Tom Henning 1 Title: Community Program Manager Title: Chairman, BCC Commissioners Date: Date: ATTEST: Approved as to form and legality DWIGHT E. Bf K, Clerk \ - .i ' t,. , ,! Assis• t County A � i \�\\-...). ---, , : ,::•,do st.as t� rman's Mite signature only. 1(4-140. Item# Agenda t�� 1 Date Date (I-43-i Recd -itk • eput :, , , _ , ,(8.7,16.16,1 a Department of Economic Opportunity—Disaster Recovery Initiative1 60 16 Modification to Subgrant Agreement 6/1/2013 Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties," type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an "X" in the check box before "Other" at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. 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S x \ / \ /f y E \ ' s. ) (1n�A k ORIGINAL DOCUMENTS CHECKLIST& ROUTING SLIP 1:6; Q . ,,6 1 l Q� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1'16.a " � HIE 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 late f ' 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. Jennifer A. Belpedio, ACA County Attorney Office $ 112 I 1 4' 2. BCC Office Board of County --- b Commissioners \fj 7 c\$s 3. Minutes and Records Clerk of Court's Office Tritk q( ( i- t2:Zatov 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 Phone Number Contact/ Department Lisa Oien /" 252-6141 / Agenda Date Item was / Agenda Item Number ,// Approved by the BCC May 27,2014 !/ 16.14. •0 /e h f, Type of Document --cj Number of Original Attached 6tic Subrecipient agreements in duplicate Documents Attached , And one amendment in duplicate PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initia Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. t...--V-_ 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. . 4. All handwritten strike-through and revisions have been initialed by the County Attorney's .. Office and all other parties except the BCC Chairman and the Clerk to the Board 1/ 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. t/ 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. A t Some documents are time sensitive and require forwarding to Tallahassee within a certain ~t \� time frame or the BCC's actions are nullified. Be aware of your deadlines! %\Nzl 8. The document was approved by the BCC on ,hi lit and all changes made during the meeting have been incorporated in the attache document. The County _ , j Attorney's Office has reviewed the changes,if applicable. 1 9. Initials of attorney verifying that the attached document is the version approved by the (Z BCC,all changes directed by the BCC have been made,and the document is ready for the g Chairman's signature. • 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 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 160 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, ACA County Attorney Office cve> $ \ IR O 4. 2. CRA Board Donna Fiala 3. BCC Office Board of County Commissioners NC ' 2.."t `L 4. Minutes and Records Clerk of Court's Office �� '� / \' \ \■ "'rte e,(B(14 i z=2gQm 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 Phone Number Contact/ Department Lisa Oien 252-6141 Agenda Date Item was Agenda Item Number Approved by the BCC May 27,2014 16.D.16 Type of Document Number of Original Attached Two-Immokalee CRA agreement Documents Attached 8 amendmepts and two-Bayshore agreements all in duplicate PO number or account number if document is h f�� to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? - -' 2. Does the document need to be sent to another agency for additional signatures? If yes, ✓ 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 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 Office and all other parties except the BCC Chairman and the Clerk to the Board ✓ 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. ✓ 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip 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 `�y �4' j time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on f7004 and all changes made during �j the meeting have been incorporated in the attached document. The County C O∎A Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the W` BCC,all changes directed by the BCC have been made,and the document is ready for t Chairman's signature. 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 16016 MEMORANDUM Date: September 10, 2014 To: Lisa Oien, Grants Coordinator Housing, Human &Veteran Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Various Subrecipient Agreement & Agreements Attached for your records is an original and a certified copy of each Agreement referenced above (Item #16D16) approved by Board of County Commissioners on May 27, 2014. The second original will be held in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 1 6 D '(,745 Grants # 12DB-P5-09-21-01-K39 #07DB-3V-09-21- O1-ZO1 #08DB-D3-09-21-01-A03 #10DB-D4-09-21-01-K09 CFDA/CSFA# - 14.228 Subrecipient- Big Cypress Housing Corporation DUNS #064723252 FETI# 65-1067124 FY End-12/30 Monitor End: 2018 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND Big Cypress Housing Corporation Hatcher's Preserve, Affordable Rental Housing This Amendment, is entered into this 27th day of May, 2014, by and between Big Cypress Housing Corporation, a not for profit existing under the laws of the State of Florida, herein after referred to as SUBRECIPIENT and Collier County, Florida, herein after to be referred to as "COUNTY," collectively stated as the "Parties." WHEREAS, on October 22, 2014, the Board of County Commissioners approved submittal of modifications to grant agreement numbers, 12DB-P5-09-21-01-K39, 07DB-3V-09- 21-01-Z01 and 08DB-D3-09-21-01-A03 between Collier County and the Florida Department of Economic Opportunity (DEO) and the execution of an associated subrecipient agreement providing Community CDBG/DRI/DREF funds for the Hatcher's Preserve project in Immokalee, Florida WHEREAS on May 27, 2014 the Board of County Commissioners approved submittal of modification#9 for grant agreement#10DB-D4-09-21-01-K09 and the associated subrecipient agreement amendment providing additional Community CDBG/DRI funds for the Hatcher's Preserve project. WHEREAS, the Parties desire to amend the Agreement to incorporate funds for additional construction at Hatcher's Preserve. Words Luc T are deleted; Words Underlined are added THE SUBRECIPIENT AGREES TO: Page 1 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 16 In X X * I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG/DRI/DRE funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG/DREF/DRI Funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: Project Component 1: The construction cost and associated costs of fees and permits necessary to construct a minimum of fie eight single family rental homes at Hatcher's Preserve in Immokalee, Florida. Project Component 2: The cost of the HUD required Environmental Assessment for the Hatcher's Preserve Community. II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification #2 of DREF Subgrant Agreement # 12DB-P5-09-21-01-K39 (incorporated by reference) and end by October 22, of 201/prior to the end date of the same agreement, as extended by modification to the DRI Subgrant Agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. III. AGREEMENT AMOUNT The COUNTY agrees to make available _' - . • . • •• - • •• • • . . - • a • • ! • • • ! ! One Million Ninety Nine Thousand Nine Hundred Forty Four Dollars and Thirty Cents ($1,099,944.30) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the Agreement, shall be referred to as the "Funds"). Page 2 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 Cp 161316 All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The budget identified for all improvements is as follows: Line Item Description Total DREF DRI DRI DRI DREF/DRI FUNDS FUNDS FUNDS FUNDS FUNDS (2008 funds) Z grant A grant K grant (2005 funds) (2005 funds) (2008 funds) NOTE* Activities/items/services may include but not be limited to: BCHC, Hatcher's Preserve, Affordable Rental Housing Project Component#1 $635,201.30 $221,388.80 $106,650.69 $307,161.81 $460,743.00 The construction cost $1,095,944.30 and associated costs of fees and permits necessary to construct a minimum of five eight single family rental homes at Hatcher's Preserve in Immokalee, Florida. Component #2 The cost $4,000.00 $4,000.00 of a HUD required Environmental Assessment for the Hatcher's Preserve Community. Total $ 639,201.30 $ 221,388.80 $106,650.69 $ 311,161.81 $460,743.00 $1,099,944.30 The A and Z grant (2005 funding) may be shifted between allocations to accomplish construction of single family rental homes and the associated costs without requiring formal approval of the BCC or the DEO or an amendment to this agreement. Page 3 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 (;) 1 6 The DREF and K grant (2008 funding) may be shifted between allocations to accomplish construction of single family rental homes and the associated costs without requiring formal approval of the BCC or the DEO or an amendment to this agreement. Modifications to the budget and scope may only be made if approved in advance. Budgeted fund shifts between project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. The following table details the project deliverables, documents and submission schedule. Deliverable Supporting Documents Exhibit Submission Date Project Component #1 Construction: Submission of Exhibit Monthly The construction cost and supporting documents must `B" using invoicing associated costs of fees be provided as back up as Exhibit and permits necessary to evidenced by, but not limited "C" if construct a minimum of to, signed AIA G702-1992 applicable. five eight rental single form (attached as Exhibit family homes at Hatcher's "G") or equivalent document Preserve in Immokalee, accompanied by the Florida contractor's Schedule of Values and associated photos. 10%Retainage will be Submit withheld with each request request for payment and will be after final released upon completion of close out activities and final close out monitoring monitoring clearance Project Component #2 Assessment document Exhibit One time The cost of a HUD provided to HHVS and an `B" before required Environmental invoice from Environmental construction Assessment for the Assessment consultant: contract Hatcher's Preserve Community. Program compliance Submission of Annual Exhibit At project documents Certificate of Insurance, "E" for the initiation Page 4 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 16016 Annual Audit, Fair Housing annual Plan and Fair Housing Audit Marketin r Plan Monthly Reporting for Submission of applicable Exhibits Monthly Progress, beneficiaries reports • "D-1", ".1)-and contracts , 2", "D-3" and "D-4" * if IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF CO NTY COMMISSIONERS OF •DWIGHT - .I3ROCK,CLERK COLLIER C LINT i, FLORIDA .r's I3y. _ I • ;y es as o Chairma ).e •p�ty 'k Dom I-Ienning, Choi an 5/Z 7/7c'/y signature .nly, Dated: ,.! 'Al i,•_. • $1._ --(SEAL) Al • • • TEST: V.#4°e DWIGHT E. RROCJ.C, CL • K Big ' pres! Housin r Thrporaiion agoL—__ _ By: r� _ �_ , eputy Cleric .ubrecipi t Signatur • irk, President Dated: (SEAL) Approved as to form and legality: Jennifer - , F3elpedio ``x • Assistant County Attorn raj \'7' Page 5 of 9 Big Cypress Housing Corporation t)RBF 08-06,DRI 05-06,DRI 05-I I and'DR(08-13 Hatcher's Preserve Affordable Housing Contract Amendment it I Aisi INF 16016 EXHIBIT "B" COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Big Cypress Housing Corporation Sub recipient Address: 19308 SW 380th Street Florida City, Florida 33034 Project Name: Hatcher's Preserve, Affordable Rental Housing ,DRI 08-13 Project No: DREF 08-6, DRI 05-06 and DRI 05-11 Payment Request# Dollar Amount Requested: $639,201.30 1,099,944.30 Date: Period of Availability: 1/8/2014-12/21/2014 or as modified Of$0.00 invoice enter N/A) Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $1,099,944.30 $ $639,201.30 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. 10% Retainage Withheld $ 7. Payment amount for this request $ Current Grant Balance (Initial Grant Amount $ 68. Awarded Less Sum of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Page 6 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 0 16E316 Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director (approval required $15,000 and above) D-1 CDBG/DISASTER RECOVERY MONTHLY PROGRESS REPORT Complete form for the current month and submit to Housing&Human Service's staff by the 26th of each month. Status Report for Month of Submittal Date: Project Name Hatcher's Preserve,Affordable Rental Housing , DRI 08-13 Project Number: DREF 08-06, DRI 05-06 and DRI 05-11 Activity Number: Replacement Housing 12 Subrecipient: Big Cypress Housing Incorporated Contact Person Steven Kirk Telephone: 305-242-2143 E-mail: kirknet(&yahoo.com 1. Activity Status/Milestones(describe any action taken, relating to this project,during the month): 2. What events/actions are scheduled for the next two months? Page 7 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 16016 • 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. D-2 Accomplishments and Benificiaries Monthly Reports Subrecipient: Big Cypress Housing Corporation,Hatcher's Preserve Accomplishments Total Units Projected Units Completed/Month -6-8 Housing Units January February March April May June July August September October November December TOTAL: 1 Beneficiaries Total Beneficiaries Projected Beneficiaries Completed/Month 8 LMI January February March April LMI Area LMI Please list the total LMI TOTAL beneficiaries for each month in May June July August the top box. LMI While listing the total amount TOTAL of beneficiaries in the lower box September October November December LMI TOTAL Page 8 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 16016 LMI: TOTAL: *LMI=Low to Moderate Income Persons Households Total Households Projected Households Served/Month g 8 Households January February March April May June July August Subrecipient Signature: September October November December DATE: TOTAL: Page 9 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 UQ 16016 Grant#10DB-D4-09-21-01-K09 CFDAICSFA# 14.228 Subrecipient—Bayshore Gateway Triangle community Redevelopment Agency DUNS #- 76997790 FETI#- 59-6000558 Fiscal Year End: 9/30 Monitor End: 11/2019 AGREEMENT BETWEEN COLLIER COUNTY AND Bayshore Gateway Triangle Community Redevelopment Agency Karen Drive Drainage Improvements THIS AGREEMENT is made and entered into this 27th day of May, 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "Collier County Community Redevelopment Agency — Bayshore Gateway Triangle Area (CRA)." A community redevelopment agency approved by the Board of Collier County Commissioners, having its principal office at 3570 Bayshore Drive, Unit 102 Naples, Florida 34112. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, storm mitigation, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreements with the Florida Department of Economic Opportunity(DEO) for grant #10DB-D4-09-21-01-K09 in the amount of $9,963,201.00 in Community Development Block Grant(CDBG) Disaster Recovery Initiative (DRI) Funds on May 25, 2010, Item No. 16.D.10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in Part "1" of this agreement, in accordance with the approved Disaster Recovery Initiative Subgrant Agreement, approved by the County; and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative Grant Program as a valid and worthwhile County purpose NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Bayshore Gateway Triangle Area CRA DRI 08-1 I Karen Drive,Drainage Improvements Page 1 of 43 (62) 16016 PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the DRI program, will make available DRI funds up to the gross amount of $154,120.00 to the Bayshore CRA to fund construction of Drainage Improvements. 1.1 SPECIAL GRANT CONDITIONS A. Within 30 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the environmental review and infrastructure construction. B. The Subrecipient must have the environmental requirement cleared by the HHVS and DEO prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. C. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action/Equal Opportunity Policy 4. Conflict of Interest Policy 5. Residential Anti-displacement and Relocation Policy 6. Sexual Harassment Policy 7. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) 8. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 1.2 PROJECT DETAILS A. Project Description Improvements Federal Funds Project Component 1: The construction cost and costs of permits $142,053.00 necessary to make drainage improvements in the Karen Drive area Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 2 of 43 16016 located in Naples, Florida. Project Component 2: The cost of the HUD required Environmental $2,550.00 Assessment. Project Component 3: The cost of Construction Engineering Inspections $9,517.00 (CEI)Services Total: $154,120.00 The detailed project scope will be contained in the schedule of values awarded in the projects construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction the associated construction agreement will prevail for reimbursement. The project will accomplish the installation of an estimated 1500 linear feet of storm piping and the associated materials: Project Tasks 1. Maintain documentation on LMI Area served in compliance with 24CFR 85.42 2. Provide monthly reports on progress and national objectives 3. Provide Environmental Review Assessment 4. Provide Site Design and Specifications 5. Prepare Bid Specifications and Engineer's Cost Estimate 6. Obtain Sealed Bids and provide procurement documentation 7. Provide Certified Payroll and Interview Forms on a weekly basis 8. Submit invoices to HHVS for environmental,engineering and construction B. National Objective The grant funds awarded to the Bayshore CRA will benefit at least 51% Low to Moderate Income Households. As such the Subrecipient shall be responsible for ensuring that at least 51% percent of the beneficiaries meet the definition of Area Benefit Activities at 24 CFR 570.208(a)(1). C. Project Outcome The project will construct and install an estimated 1,500 linear feet of storm piping and associated materials. D. Performance Deliverables The Following Table Details the Project Deliverables Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 3 of 43 16016 Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Prior to the disbursement of (Section 1.1) agreement funds Insurance Insurance Certificate Annually within 30 days of renewal Detailed Project Schedule Project Schedule Within 30 days of Agreement Execution Project Plans And Specifications Engineer Site Plans Prior to Invitation to Bid Invitation to Bid Sealed Bid Documents Prior to Invitation to Bid Submission of Progress Report Exhibit D Monthly and Annually thereafter until 11/2019 Financial and Compliance Audit Exhibit E Annually 180 days after FY end Continued Use Certification Continued Use Affidavit Annually until 2019 E. Payment Schedule Payment Deliverable Payment Submission Schedule Deliverable/Documentation Project Component 1: The • Construction: Submission of • Monthly construction cost and costs supporting documents must be of permits necessary to make provided as back up as drainage improvements in evidenced by, but not limited the Karen Drive area to, signed AIA G702-1992 located in Naples, Florida. form (attached as Exhibit"G") or equivalent document accompanied by the contractor's Schedule of Values, proof of payment and associated photos. Exhibits "B" and"C" if applicable. 10% Retainage will be withheld with • Submit request each request for payment and will be after final close released upon completion of activities out monitoring and final close out monitoring clearance Project Component 2: The • Environmental Assessment • Pending: HHVS cost of the HUD required document, proposal, invoice, Consultant Environmental Assessment proof of Payment and Exhibit"B" review and for the Karen Drive Project DEO approval Project Component 3: The • Detailed time sheets • Throughout the Cost of Construction documenting all of the specific Project Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 4 of 43 0 16016 Engineering Inspections employee(s) activities for each (CEI) Services. week that includes CEI inspections for this project and the associated activity log(s). • Proof of payment and the Exhibit`B". 1.3 TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification #9 of DRI Subgrant Agreement #10DB-D4-09-21-01-K09 and end prior to the end date of the same agreement, as extended by modification to the DRI Subgrant Agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available One Hundred Fifty Four Thousand One Hundred Twenty Dollars and No Cents ($154,120.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with Board approval. All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 5 of 43 6 16016 performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non-Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Lisaoien @colliergov.net 239-252-6141 SUBRECIPIENT ATTENTION: Ashley Caserta, Project Manager Bayshore Gateway Triangle Area CRA 3570 Bayshore Drive, Unit 102 Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 6 of 43 G�' 16016 Naples, Fl. 34112 ashleycaserta @colliergov.net 239-643-1115 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNT COMMISSIONERS OF DWIGHT E. B:OCK,,CLERK COLLIER V UNT i. 'LORIDA 'k,7 I ' , +�/ ,• es as to halrt11111',S �� TOM HENNING, CHA ,41 -. _5727/20/ti signaturly. - COLLIER COUNTY COMMU _ Y Dated: j �rt~,�� 11 U■ REDEVELOPMENT AGENCY BAYSHORE (SEAL) GATEWAY TRIANGLE C A By: Donna Fia , Chairman Collier County Community Redevelopment Agency ATTEST: • : IGHT E. BROCK, Clerk wy: kS. !1 JlI__ Approved as to form and legality: Attest as to Chairman's, ma• signature only. Jennifer A. Belpedio Assistant County Attorney O� g`\4— g tit Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 7 of 43 0\-- 16016 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 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 not be limited to, the following: A. All records required by CDBG regulations B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and 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 HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for six (6) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 8 of 43 l� U� 16016 informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. For Area Benefit activities, the SUBRECIPIENT will maintain documentation on the low-to-moderate benefit to the area by census tracts served. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 9 of 43 16016 of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services (HHVS)has adopted an escalation policy to ensure continued compliance by recipients, subrecipients, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA)to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of five percent (5%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity may be considered in violation of Resolution 2013-228 Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 10 of 43 QO U 16016 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail; the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of ten percent(10%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity will be considered in violation of Resolution 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. o The entity will be considered in violation of Resolution 2013-228 If in the case the Entity has multiple agreements with the Department and is found to be non- compliant, the above sanctions may be imposed across all awards at the County's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit monthly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D-1". Exhibit "D-1" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 11 of 43 16016 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 12 of 43 16016 of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may subject to CDBG regulations, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 13 of 43 0 16D16 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO), AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination,the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 14 of 43 16016 G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 15 of 43 16016 4 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work(Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of the Collier County Purchasing Policy Purchasing Threshold Policy Dollar Range ($) Quotes Under $3K 1 Written Quote Above $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) 3.13 PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 16 of 43 16016 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the 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 "D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 17 of 43 16016 provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 18 of 43 16016 c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 19 of 43 ..r 16016 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58 main 02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddojstatement.pdf E.O. 11063 —Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/EXO 11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal opp/prog desc/title8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3- sec570-602.pdf ' 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 20 of 43 -< 16016 advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm 4.9 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 21 of 43 16016 The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age act.htm 11063:http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal o pp/FHLaws/EXO 11063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375: Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://www.epa.gov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.html 24 CFR 570.614: http://www.law.cornell.edu/efr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in whole or in part byLoans or Grants from the United States- http://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 22 of 43 16016 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 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 http://www.mbda.gov/node/333 HUD Circular Letter 79-45: No reference found 4.17 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 HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-vol3-sec5 70-608.pdf E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430 -the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: http://www.law.cornell.edu/cfr/text/24/part-84 • Subpart A—General; • Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C—Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment—In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 23 of 43 CVO 161116 • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be six years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. http://www.ecfr.gov/c gi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr85 main 02.tpl 4.21 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.22 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - http://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County - http://bccsp01/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205 31 1.1%20Standards%20of%20Conduct.pdf 4.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 24 of 43 16016 4.24 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). 4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://wvvw.law.cornell.edu/uscode/text/33/chapter-26 4.27 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. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b5 6&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.6&idno=24 4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 25 of 43 P�\ 16016 Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.9&idno=24 4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title3 6/3 6cfr800 main 02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nps.gov/history/local-law/nhpa1966.htm 4.30 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&S ID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&idno=24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 26 of 43 t 16016 OMB Circular A87: http://www.whitehouse.gov/omb/circulars a087 2004/ OMB Circular A102:http://www.whitehouse.gov/omb/circulars al 02/ OMB Circular A21:http://www.whitehouse.gov/omb/circulars a021 2004/ OMB Circular A110:http://www.whitehouse.gov/omb/circulars al l 0/ OMB Circular A122: http://www.whitehouse.gov/omb/circulars_a122_2004/ 4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. 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. http://www.whitehouse.gov/omb/circulars/a133 compliance supplement_2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the 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. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.c orne l l.edu/cfr/text/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.35 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.lawserver.com/law/state/florida/statutes/florida statutes 287-133 4.36 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 Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 27 of 43 16016 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. 4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.38 Any rule or regulation determined to be applicable by HUD. 4.39 Florida Statutes 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.htm1 4.40 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida statutes 119-021 4.41 The Disaster Recovery Initiative Agreement#10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity by reference are incorporated into this agreement. J:Grants/DRI 2008 TS Fay (K Grant)/Agreements/DCA DRI 2008 original grant agreement executed.pdf 4.42 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.07.html PART V DISASTER RECOVERY WAIVERS "Waivers and Alternative Requirements for Grants Under the Supplemental Appropriations Act,2008"(Federal Register/Vol. 74,No.29/Friday,February 13,2009/Notices [FR-5256—N-01]). Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 28 of 43 16016 Relevant Waivers including, but not limited to: 5.1 Overall benefit waiver and alternative requirement. (2) 5.2 Citizen participation waiver and alternative requirement. (5) 5.3 Modification requirement for consultation with local governments. (6) 5.4 Duplication of benefits. (10) 5.5 Waiver and alternative requirement for distribution to CDBG metropolitan cities and urban counties. (11) 5.6 Program income alternative requirement. (12) 5.7 Note that use of grant funds must relate to the purposes of the Second 2008 Act. (13) 5.8 Waiver of performance report and alternative requirement. (14) 5.9 Recordkeeping. (16) 5.10 Change of use of real property. (17) 5.11 Housing-related eligibility waivers. (19) 5.12 One-for-one replacement of units damaged by disaster. (21) 5.13 Flood Buyouts. (22) PART VI EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 29 of 43 16D16 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 30 of 43 ■ !L~ 16016 After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 31 of 43 16016 EXHIBIT "B" COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Bayshore Gateway Triangle CRA Sub recipient Address: 3570 Bayshore Drive,Unit 102 Naples,Fl. 34112 Project Name: Karen Drive,Drainage Improvements Project No: DRI 08-11 Payment Request# Dollar Amount Requested: $ 154,120.00 Date: Period of Availability: effective date of DRi grant#10DB-D4-09-21-01-K09 Mod#9-12/21/2014 or as modified Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $154,120.00 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. 10%Retainage Withheld 7. Payment amount for this request 8. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all requests, including retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us.To the best of my knowledge and belief,all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director (approval required$15,000 and above) Bayshore Gateway Triangle Area CRA DRI 08-I I Karen Drive,Drainage Improvements Page 32 of 43 0 16016 EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 —Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's Request for Payment. Bayshore Gateway Triangle CRA Witness: BY: BY: ITS: Project Manager DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 33 of 43 ( 16016 EXHIBIT "D" Exhibit "D" contains four(4) monthly reporting forms Bayshore Gateway Triangle Area CRA DR1 08-11 Karen Drive,Drainage Improvements Page 34 of 43 16016 D-1 CDBG/DISASTER RECOVERY MONTHLY PROGRESS REPORT Complete form for the current month and submit to Housing&Human Service's staff by the 26th of each month. Status Report for Month of Submittal Date: Project Name Karen Drive Project Number: DRI 08-11 Activity Number: 031-flood and drain, 21B-engineering Subrecipient: Bayshore Gateway Triangle CRA Contact Person Ashley Caserta Telephone:239-643-1115 E-mail: Ashleycaserta @colliergov.net 1. Activity Status/Milestones(describe any action taken, relating to this project,during the month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 35 of 43 16016 D-2 Accomplishments and Benificiaries Monthly Reports Subrecipient: Bayshore Gateway Triangle CRA Accomplishments Total Units Projected Units Completed/Month 1300 LF storm piping and January February March April associated materials Document dates May June July August September October November December TOTAL: Beneficiaries Total Beneficiaries Projected Beneficiaries Completed/Month Number of beneficiaries January February March April LMI Area LMI Please list the total LMI TOTAL beneficiaries for each month in May June July August the top box. LMI While listing the total amount TOTAL of beneficiaries in the lower box September October November December LMI TOTAL LMI: TOTAL: *LMI=Low to Moderate Income Persons Households Total Households Projected Households Served/Month Number of Households January February March April May June July August Subrecipient Signature: September October November December DATE: TOTAL: • Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 36 of 43 16016 D-3 Summary of All Beneficiaries by Race Monthly Report January Year Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Rectal Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Itdun or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Mule-racial(20) 0 February Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Raoial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 March Year Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 April Year: Summary of All Beneficiaries by Race(reported for Fair Housin-and EO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 0 Other Multi-racial 20,..,�,,,„,t,,,,.y„,mod} A'J.§y1y 0 Native Hawaiian Pacific Islander(15) a ( � •^�• May Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 June year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Monet Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) ii Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 July Year: !Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) I Asian and White(17) 0 Asian(13) ii African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Mulh-racial(20) 0 August Year: Summary of All Beneficiaries by Race(reportefFtbf/ta)r HDi744 and SO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) I African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) A Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) rVS (x= 0 September Year: Summary of All Beneficiaries by Race(reported for Fair Housinf'and SO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) I Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(19) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 October Year: Summary of All Beneficiaries by Race(reported for Fair Housing and SO purposes)-Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) ii African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 November Year Summary of All Beneficiaries by Race(reported for Fair Housing and SO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Mull-racial(20) 0 December Year: Summary of All Beneficiaries by Race(reported for Fair Housing and SO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date Bay White(11) I American Indian or Alaskan Native and White(16) 0 ay African American(12) I Asian and White(17) 0 D RI Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Kar Native Hawaiian Pacific Islander(15) v 0 Other Multi-racial(20) 0 16016 D-4 Contractor information for Section 3 and MBE,Subrecipient Monthly Report (9)Contract Period (12)Contractor Procurement Compliance Checklist (8)Subcontractor (11)Amount of (11)Type of Trade Contractor Information (6)Contractor (7)Prime ID4 Contract/ (1-3J or5ubcontractor (13)Section 3 (15)Small (16)Davis Bacon Contractor IDE (a)Start Date (b)End Date 8 n/N) Business(Y/NJ (Y/N) Racial Ethnk(1. (14) DIN) (See Right) Subcontract (See Right) 7)(See Right) Name Street Coy State&Zip Code Name Street Coy State&Op Code Name Street City State&Zip Code 8)When subconhaclorID is used,information 11)Type of Trade Codes 12)Racial Ethnic Codes in columns 9 through 16 must reflect the 1=New Construction(includes housing rehab,water,and 1=White American subcontractor information,not the prime sewer) 2=Black American contactots information;also include prime 2=Education/Training 3=Native American contractors ID number. 3=Other(includes supply,pmlessional services and other 4=Hispanic American activities exceptconshuction and educafionAraining) 5=Asian/PacdcAmerican • 6=Hasidk Jews 7=Other Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 38 of 43 161316 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient Name Fiscal Year Period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. ❑ We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 39 of 43 ,�a 16016 EXHIBIT "F" AIA G702-1992 Form Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 40 of 43 16016 A form significantly resembling the AIA document in this EXHIBIT shall be used for Contractor Payment and subsequent Subrecipient reimbursement ,AIA Document G7027M- 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA Document G702,Application and Certificate for Payment,is to be used in conjunction with AIA Document G703,Continuation Sheet.These documents are designed to be used on a Project where a Contractor has a direct Agreement with the Owner.Procedures for their use are covered in AIA Document A201.General Conditions of the Contract for Construction. Use of Current Documents Prior to using any AIA Contract Document, users should consult www.aia.org or a local MA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA.There is no implied permission to reproduce this document,nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G702,but only for use in connection with a particular project.The AIA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AIA software.Licensed AIA software users should consult the End User License Agreement(EULA). To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel. copyright@aia.org. COMPLETING THE G702 FORM After the Contractor has completed AIA Document G703,Continuation Sheet,summary information should be transferred to AIA Document G702,Application and Certificate for Payment. The Contractor should sign G702,have it notarized,and submit it,together with G703,to the Architect. The Architect should review G702 and 0703 and,if they are acceptable,complete the Architect's Certificate for Payment on G702. The Architect may certify a different amount than that applied for,pursuant to Sections 9.5 and 9.6 of A201.The Architect should then initial all figures on G702 and G703 that have been changed to conform to the amount certified and attach an explanation.The completed G702 and G703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AIA Document G702, Application and Certificate for Payment.The completed form contains the name and address of the Contractor.Payment should not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting(i.e.,president,secretary,partner,etc.)and the authority under which they are executing the document.Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AIA Document 0702m—1992.Copyright 0 1953,1983,1965,1971,1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ton (10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel, copyright @aia.org, Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 41 of 43 r' _ 16016 Document G702N - 1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution PERIOD TO: OWNER I CONTRACT FOR: ARCHITECT FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR I PROJECT NOS: ! I FIELD OTHER CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,informati Application is made for payment,as shown below,in connection with the Contract. and belief the Work covered by this Application for Payment has been completed in accordar Continuation Sheet t'or Document 6703,is attached. with the Contract Documents,that all amounts have been paid by the Contractor for Work which previous Certificates for Payment were issued and payments received front the Owner, 1.ORIGINAL CONTRACT SUM b that current payment shown herein is now due. 2.Net change by Change Orders S CONTRACTOR: 3.CONTRACT SUM TO DATE(Line I±21 f By: Date: 4.TOTAL COMPLETED&STORED TO DATE(Column G on G7031 E State of: 5.RETAINAGE: County of: a. k of Completed Work Subscribed and sworn to before (Column D+Eon 6703) S me this day of b. of Stored Material (Column F on 6703) S Notary Public: My Commission expires: Total Retainage(Lines 5a+5b or Total in Column I of 6703) S 6.TOTAL EARNED LESS RETAINAGE $ ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 Less Line 5 Total) In accordance with the Contract Documents,based on on-site observations and the data compris 1.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ this application,the Architect certifies to the Owner that to the best of the Architect's knowled information and belief the Work has progressed as indicated, the quality of the Work is (Line 6 from prior Certificate) accordance with the Contract Documents, and the Contractor is entitled to payment of 6.CURRENT PAYMENT DUE S AMOUNT CERTIFIED. 9.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED S (Line 3 less Line 6t $ (Attach explanation if amount certified differs from the amount applied.Initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certifie, CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner S b By: Date: Total approved this Month S S TOTALS s S This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contra named herein.Issuance,payment and acceptance of payment are without prejudice to any right NET CHANGES by Change Order S the Owner or Contractor under this Contract AIA Document G7021m-1992.Copyright 0 1953,1963,1965,1971,1979..1963 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten 110)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 42 of 43 16 0 1 6 CONTINUATION SHEET AIA DOCUMENT G703 (Instructions on reverse side) PAGE OF PAGF.S ALA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO.: containing Contractor's signed Certification,is attached. APPLICATION DATE: In tabulations below amounts are stated to the nearest dollar. PERIOD TO: Use Column I on Contracts where variable retainage for line items may apply ARCHITECT'S PROJECT NO.: A B C D E F G H I I WORK COMPLETED MATERIALS TOTAL ' I FREsEmy COMPLETED AND MED , , BALANCE P,ETAINAGE ITEM DESCRIPTION OF WORK SCHEDULED ,„, FROM PREVIOUS TO (IF K;RIABLEi VAL" APPLICATION THIS PERIOD STORED (NOT IN' TO DATE "-`') FINISH (D+E) D OR E) (D+E+E) f C-G) I . , , ' I , i I in AIA Docuer VD e CONTMATION SHEET FOE GT:•1992 EDMON•AlAt•6.:;'I.992 0 TWE a201Ckti INSTITITE OF.I.EITF.C.E,F35 NET YORK Alava.Nr..z.ELNGTON,DC.200-5292.MOO Unicensed photocopying violates LtS.copyright lave and A subOct the violator to 44 prosecution. G103-1992 CAUTION;You should use an original AIA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 43 of 43 ,...—, 16016 Grant#1.0DB-D4-09-21-01-K09 CFDA/CSFA# 14.228 Subrecipient—Bayshore Gateway Triangle community Redevelopment Agency DUNS #- 76997790 FETI#- 59-6000558 Fiscal Year End: 9/30 Monitor End: 11/2019 AGREEMENT BETWEEN COLLIER COUNTY AND Bayshore Gateway Triangle Community Redevelopment Agency Pineland Avenue, Stormwater Improvements THIS AGREEMENT is made and entered into this 27th day of May, 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "Collier County Community Redevelopment Agency — Bayshore Gateway Triangle Area (CRA)." a community redevelopment agency approved by the Board of Collier County Commissioners, having its principal office at 3570 Bayshore Drive, Unit 102 Naples, Florida 34112. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, storm mitigation, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreements with the Florida Department of Economic Opportunity (DEO) for grant #10DB-D4-09-21-01-K09 in the amount of $9,963,201.00 in Community Development Block Grant (CDBG)Disaster Recovery Initiative (DRI) Funds on May 25, 2010, Item No. 16.D.10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in Part "I" of this agreement, in accordance with the approved Disaster Recovery Initiative Subgrant Agreement, approved by the County; and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative Grant Program as a valid and worthwhile County purpose NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 1 of 43 9 16016 PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the DRI program, will make available DRI funds up to the gross amount of $56,560.00 to the Bayshore CRA to fund construction of Stormwater Improvements. 1.1 SPECIAL GRANT CONDITIONS A. Within 30 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the environmental review and infrastructure construction. B. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. C. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action/Equal Opportunity Policy 4. Conflict of Interest Policy 5. Residential Anti-displacement and Relocation Policy 6. Sexual Harassment Policy 7. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) 8. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 1.2 PROJECT DETAILS A. Project Description Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 2 of 43 16016 Improvements Federal Funds Project Component 1: The construction cost and costs of permits $51,668.00 necessary to make stormwater improvements in the Pineland Ave. area located in Naples, Florida. Project Component 2: The cost of the HUD required Environmental $1,225.00 Assessment. Project Component 3: The cost of Construction Engineering Inspections $3,667.00 (CEI)Services Total: $56,560.00 The detailed project scope will be contained in the schedule of values awarded in the projects construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction the associated construction agreement will prevail for reimbursement. The project will accomplish the installation of an estimated 264 linear feet of storm piping and the associated materials: Project Tasks 1. Maintain documentation on LMI Area served in compliance with 24CFR 85.42 2. Provide monthly reports on progress and national objectives 3. Provide Environmental Review Assessment 4. Provide Site Design and Specifications 5. Prepare Bid Specifications and Engineer's Cost Estimate 6. Obtain Sealed Bids and provide procurement documentation 7. Provide Certified Payroll and Interview Forms on a weekly basis 8. Submit invoices to HHVS for environmental, engineering inspections and construction B. National Objective The grant funds awarded to the Bayshore CRA will benefit at least 51% Low to Moderate Income Households. As such the Subrecipient shall be responsible for ensuring that at least 51% percent of the beneficiaries meet the definition of Area Benefit Activities at 24 CFR 570.208(a)(1). C. Project Outcome The project will construct and install approximately 264 linear feet of storm piping and associated materials. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 3 of 43 �9 16016 D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Prior to the disbursement of (Section 1.1) agreement funds Insurance Insurance Certificate Annually within 30 days of renewal Detailed Project Schedule Project Schedule Within 30 days of Agreement Execution Project Plans And Specifications Engineer Site Plans Prior to Invitation to Bid Invitation to Bid Sealed Bid Documents Prior to Invitation to Bid Submission of Progress Report Exhibit D Monthly and Annually thereafter until 11/2019 Financial and Compliance Audit Exhibit E Annually 180 days after FY end Continued Use Certification Continued Use Affidavit Annually until 2019 E. Payment Schedule Payment Deliverable Payment Schedule Submission Schedule Project Component 1: The • Construction: Submission of • Monthly construction costs and costs supporting documents must be of permits necessary to provided as back up as make stormwater evidenced by, but not limited improvements in the to, signed AIA G702-1992 Pineland Ave. area located form (attached as Exhibit "G") in Naples, Florida. or equivalent document accompanied by the contractor's Schedule of Values, proof of payment and associated photos. Exhibits "B" and "C" if applicable. • 10% Retainage will be withheld • Submit request with each request for payment after final close and will be released upon out monitoring completion of activities and clearance final close out monitoring Project Component 2: The • Environmental Assessment • Pending: HHVS cost of the HUD required document, proposal, invoice, Consultant Environmental Assessment proof of Payment and Exhibit"B review and for Pineland Avenue DEO approval Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 4 of 43 �9 16016 Project Component 3: The • Detailed time sheets • Throughout the Cost of Construction documenting all of the specific Project Engineering Inspections employee(s) activities for each (CEI) Services. week that includes CEI inspections for this project and the associated activity log(s). • Proof of payment and the Exhibit "B". 1.3 TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification #9 of DRI Subgrant Agreement #10DB-D4-09-21-01-K09 and end prior to the end date of the same agreement, as extended by modification to the DRI Sub grant Agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Fifty Six Thousand Five Hundred Sixty Dollars and No Cents ($56,560.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with Board approval. All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 5 of 43 0 16016 pursuant to the submittal of monthly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non-Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Lisaoien @colliergov.net Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 6 of 43 0 16016 239-252-6141 SUBRECIPIENT ATTENTION: Ashley Caserta, Project Manager Bayshore Gateway Triangle Area CRA 3570 Bayshore Drive, Unit 102 Naples, Fl. 34112 ashleycaserta @colliergov.net 239-643-1115 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF CO 'Y COMMISSIONERS OF DWIGHT E. BROCK CLERK COLLIER C I T ■ FLORIDA / !I �_ 1 ii B : `) • HENNING, CHAI' N /z,/Z 07 • COLLIER COUNTY COMMUNITY Dated: i + REDEVELOPMENT AGENCY BAYSHORE L) GATEWAY T NGLE CRA _ Attest as to aims signature wily. By: Donna Fiala, Chairman 5727/)// Collier County Community Redevelopment Agency ATTEST: DWIGHT E. BRO , Qi rk - Approved as to form and legality: Attest as to Chairman's Nte. Jennifer A. Bel edto ( Jen A e p signature only. Assistant County Attorney 1C\ Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 7 of 43 16016 . PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 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 not be limited to, the following: A. All records required by CDBG regulations B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and 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 HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for six (6) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the six (6) year period, the records will be maintained until all litigation, claim or Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 8 of 43 0 16016 audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. For Area Benefit activities, the SUBRECIPIENT will maintain documentation on the low-to-moderate benefit to the area by census tracts served. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 9 of 43 0 16016 a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector General, the General Accounting Office,the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by recipients, subrecipients, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of five percent (5%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity may be considered in violation of Resolution 2013-228 Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 10 of 43 C� O 16016 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail; the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of ten percent (10%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity will be considered in violation of Resolution 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. o The entity will be considered in violation of Resolution 2013-228 If in the case the Entity has multiple agreements with the Department and is found to be non- compliant, the above sanctions may be imposed across all awards at the County's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit monthly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D-1". Exhibit "D-1" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 11 of 43 • 16016 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 12 of 43 I 16016 of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may subject to CDBG regulations, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 13 of 43 e 16016 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO), AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 14 of 43 16016 G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 15 of 43 1b016 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work(Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of the Collier County Purchasing Policy Purchasing Threshold Policy Dollar Range ($) Quotes Under $3K 1 Written Quote Above $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) 3.13 PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 16 of 43 O 16016 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the 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 "D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 17 of 43 (Cio 16016 provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 18 of 43 nfir 16016 c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 19 of 43 c/o 16016 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr5 8 main 02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddojstatement.pdf E.O. 11063 —Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/EXO 11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-register/codification/executive-order/1225 9.html 24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/prog desc/title8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3- sec570-602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html EO 11375 and 12086: see item #8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 20 of 43 C 1T 16016 , advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm 4.9 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 21 of 43 (3) 16016 The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age act.htm 11063:http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal o pp/FHLaws/EXO 11063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375: Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://www.epa.gov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.htm1 24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in whole or in part byLoans or Grants from the United States- http://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 22 of 43 9,� 16016 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 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 http://www.mbda.gov/node/333 HUD Circular Letter 79-45: No reference found 4.17 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 HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-vol3-sec570-608.pdf E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430 -the Fair Housing Amendments Act of 1988. http://vvww.ncbi.nlm.nih.gov/pubmed/12289709 4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: http://www.law.cornell.edu/cfr/text/24/part-84 • Subpart A—General; • Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C—Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment—In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 23 of 43 61-7) 16016 • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be six years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr85 main 02.tpl 4.21 Immigration Reform and Control Act of 1986 http://www.eeoc.govieeoc/history/35th/thelaw/irca.html 4.22 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - http://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County - http://bccsp01/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205 31 1.1%20Standards%20of%20Conduct.pdf 4.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 24 of 43 16016 4.24 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). 4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. http://www.fl senate.gov/Laws/Statutes/2010/44.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 4.27 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. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.6&idno=24 4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 25 of 43 16016 Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.9&idno=24 4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title3 6/3 6cfr800 main 02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nps.gov/history/local-law/nhpa1966.htm 4.30 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5 b0b5 6&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&idno=24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 26 of 43 f-1, 16016 OMB Circular A87: http://www.whitehouse.gov/omb/circulars a087 2004/ OMB Circular A102:http://www.whitehouse.gov/omb/circulars al 02/ OMB Circular A21:http://www.whitehouse.gov/omb/circulars a021 2004/ OMB Circular A110:http://www.whitehouse.gov/omb/circulars al l0/ OMB Circular A122: http://www.whitehouse.gov/omb/circulars a122 2004/ 4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. 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. http://www.whitehouse.gov/omb/circulars/a133 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the 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. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.cornell.edu/cfr/text/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.35 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.lawserver.com/law/state/florida/statutes/florida statutes 287-133 4.36 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 Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 27 of 43 S 16016 , 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. 4.37 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem rates in effect at the time of travel. 4.38 Any rule or regulation determined to be applicable by HUD. 4.39 Florida Statutes 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.40 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida statutes 119-021 4.41 The Disaster Recovery Initiative Agreement#10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity by reference are incorporated into this agreement. J:Grants/DRI 2008 TS Fay ( K Grant)/Agreements/DCA DRI 2008 original grant agreement executed.pdf 4.42 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.07.html Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 28 of 43 S 16016 PART V DISASTER RECOVERY WAIVERS "Waivers and Alternative Requirements for Grants Under the Supplemental Appropriations Act,2008"(Federal Register/Vol. 74,No.29/Friday,February 13,2009/Notices [FR-5256—N-01]). Relevant Waivers including, but not limited to: 5.1 Overall benefit waiver and alternative requirement. (2) 5.2 Citizen participation waiver and alternative requirement. (5) 5.3 Modification requirement for consultation with local governments. (6) 5.4 Duplication of benefits. (10) 5.5 Waiver and alternative requirement for distribution to CDBG metropolitan cities and urban counties. (11) 5.6 Program income alternative requirement. (12) 5.7 Note that use of grant funds must relate to the purposes of the Second 2008 Act. (13) 5.8 Waiver of performance report and alternative requirement. (14) 5.9 Recordkeeping. (16) 5.10 Change of use of real property. (17) 5.11 Housing-related eligibility waivers. (19) 5.12 One-for-one replacement of units damaged by disaster. (21) 5.13 Flood Buyouts. (22) PART VI EXHIBITS Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 29 of 43 cm) 16016 . EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 30 of 43 cto 16016 - 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 31 of 43 16016 EXHIBIT"B" COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I:REQUEST FOR PAYMENT Sub recipient Name: Bayshore Gateway Triangle CRA Sub recipient Address: 3570 Bayshore Drive,Unit 102 Naples,Fl. 34112 Project Name: Pineland, Stormwater Improvements Project No: DRI 08-12 Payment Request# Date: Dollar Amount Requested: $ 56,560.00 Period of Availability: effective date of DRI grant#IODB-D4-09-21-0I-K09 Mod#9-12/21/2014 or as modified Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $56,560.00 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request 6. 10%Retainage Withheld 7. Payment amount for this request 8. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all requests,including retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us.To the best of my knowledge and belief,all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director (approval required$15,000 and above) Bayshore Gateway Triangle Area CRA DR108-12 Pineland—Stormwater Improvements Page 32 of 43 C-1) 16016 EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 —Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's Request for Payment. Bayshore Gateway Triangle CRA Witness: BY: BY: ITS: Project Manager DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has produced as identification and who did(did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 33 of 43 CP 16016 EXHIBIT "D" Exhibit "D" contains four(4) monthly reporting forms Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 34 of 43 CA 16016 D-1 CDBG/DISASTER RECOVERY MONTHLY PROGRESS REPORT Complete form for the current month and submit to Housing&Human Service's staff by the 26th of each month. Status Report for Month of Submittal Date: Project Name Karen Drive Project Number: DRI 08-11 Activity Number: 031-flood and drain, 21B-engineering Subrecipient: Bayshore Gateway Triangle CRA Contact Person Ashley Caserta Telephone:239-643-1115 E-mail:Ashleycaserta(&,,colliergov.net 1. Activity Status/Milestones(describe any action taken, relating to this project, during the month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 35 of 43 CA 16016 D-2 Accomplishments and Benificiaries Monthly Reports Subrecipient: Bayshore Gateway Triangle CRA Accomplishments Total Units Projected Units Completed/Month 1300 LF storm piping and January February March April associated materials Document dates May June July August September October November December f--*: TOTAL: Beneficiaries Total Beneficiaries Projected Beneficiaries Completed/Month Number of beneficiaries January February March April LMI Area LMI Please list the total LMI TOTAL beneficiaries for each month in May June July August the top box. LMI While listing the total amount TOTAL of beneficiaries in the lower box September October November December LMI TOTAL LMI: _ A;' TOTAL: *LMI=Low to Moderate Income Persons Households Total Households Projected Households Served/Month Number of Households January February March April May June July August Subrecipient Signature: September October November December DATE: TOTAL: Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 36 of 43 16016 D-3 Summary of All Beneficiaries by Race Monthly Report January Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Data Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan salve and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 February Year: Summary of All Beneficiaries by Race(reported for Fair Housing and BO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 •American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 March year Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Data Racial Code Served this Month Served to Data White(11) 0 American Indian or Alaskan salve and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 April Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes.Race is determined by head of household. Racial Code Served this Month Served to Data Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 May year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(I8) 0, American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 0 Other Multi-racial 20 0 Native Hawaiian Pacify Islander(15) ( ) June Year: Summary of All Beneficiaries by Race(reported for Fair Housing and SO purposes).Race is determined by head of household. Racial Code Served this Month Served to Data Racial Code Served this Month Served to Data White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native 14 0 kan Native and African American(19) 0 ) Naive Hawaiian Pacific Islander(15) .4# �" 0 July Year: Summary of All Beneficiaries by Race(reported for Fair Housing and SO purposes.Race is t,(. Iced by head of household. Racial Code Served this Month Served to Data Racial Code' Served this Month Served to Data White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 August Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Data". White(50) 0 American Indian or Alaskan Native and White(16) Q African American(12) 0 Asian d White(17) Asian(13) CLAfrican American and White(18) American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) Native Hawaiian Pacific Islander(15) 0 Other multi-racial(20) • September Year: Summary of All Beneficiaries by Race(reported for Fair Housin and SO purposes.Race is determined by head of household. Racial Code Served this Month Served to Data Racial Code Served this Month Served to Data t White(11) 0 American Indian or Alaskan Native and White(16) ,0 African American(12) 0 Asian and White(17) Asian(13) 0 African American and White(18) American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) (t Native Hawaiian Pacific Islander(15) 0 Other Mule-racial(20) October Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Data White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan salve and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 November Year: Summary of All Beneficiaries by Race(reported for Fair Housing and SO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(I8) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Mull-racial(20) 0 December Year Summary of All Beneficiaries by Race(reported for Fair Housing and SO purposes.Race is determined by head of household. Racial Code Served this Month Served to Data Racial Code Served this Month Served to Data 1;1`.White(11) 0 American Indian or Alaskan Native and White(16) 0 "African American(12) 0 Asian and White(17) 0 I)Rl Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Plitt(Native Hawaiian Pacific Islander(15) v 0 Other Multi-racial(20) 0 16D16 D-4 Contractor information for Section 3 and MBE,Subrecipient Monthly Report (9)Contract Period (12)Contractor Procurement Compliance Checklist (8)Subcontractor (11)Amount of (11)Type of Trade Contractor Information (6)Contractor (T)Prime I08 Contract/ (1-3) orSubtontractor (13)Section 3 115)Small (16)Davis Bacon Contractor IDp (a)Start Date (b)End Date Racial Ethnic(1- (14 )WBEp CO)(See Right) Subcontract (See Right) 7)(See Right) (Y/N) Business)Y/N) (Y/N) Name Street City State&Lp Code Name Street City State&Lp Code Name Street City State&Lp Code 8)When subcontractor ID is used,information 11)Type of Trade Codes: 12)Racial Ethnic Codes in columns 9 through 16 must reflect to 1=New Construction(includes housing rehab,water,and 1=White American subcontractormformation,not the prime sewer) 2=Back American contactors information;also include prime 2=Education/Training 3=Native American contractors ID number 3=Other(includes supply,professional services and other 4=Hispanic American activities exceptconslruchan and educateMraining) 5=Asian/Pacific American 6=Hasidic Jews 7=Other Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 38 of 43 16016 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Fiscal Year Ending Sept. 30, 2014 Name Bayshore Gateway Triangle Area CRA Period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 39 of 43 16016 EXHIBIT "F" AIA G702-1992 Form A form significantly resembling the AIA document in this EXHIBIT shall be used for Contractor Payment and subsequent Subrecipient reimbursement Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 40 of 43 (r,(,) 16016 _'- AIA Document G702TM- 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA Document G702,Application and Certificate for Payment,is to be used in conjunction with AIA Document G703,Continuation Sheet.These documents are designed to be used on a Project where a Contractor has a direct Agreement with the Owner.Procedures for their use are covered in AIA Document A201,General Conditions of the Contract for Construction. Use of Current Documents Prior to using any AIA Contract Document,users should consult www.aia_org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the Ai A.There is no implied permission to reproduce this document,nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed 0702,but only for use in connection with a particular project.The ALA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AiA software.Licensed AIA software users should consult the End User License Agreement(EULA). To report copyright violations of AIA Contract Documents,e-mail The American institute of Architects'legal counsel. copyrightCePaia.org. COMPLETING THE G702 FORM After the Contractor has completed AIA Document G703,Continuation Sheet,summary information should be transferred to AIA Document G702,Application and Certificate for Payment. The Contractor should sign G702,have it notarized,and submit it.together with G703,to the Architect. The Architect should review G702 and G703 and,if they are acceptable,complete the Architect's Certificate for Payment on G702. The Architect may certify a different amount than that applied for,pursuant to Sections 9.5 and 9.6 of A201.The Architect should then initial all figures on G702 and G703 that have been changed to conform to the amount certified and attach an explanation.The completed G702 and 0703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AIA Document G702, Application and Certificate for Payment.The completed form contains the name and address of the Contractor.Payment should not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting(i.e.,president,secretary,partner.etc.)and the authority under which they are executing the document.Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AIA Document 07027m—1992.Copyright®1953,1963,1965,1971,1978.1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten (10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel, copyright @aia.org. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 41 of 43 ..(') 16016 CM II 'i.ii‘vAIA Document G702 - 1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution PERIOD TO: OWNER I CONTRACT FOR: ARCHITECT I FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR PROJECT NOS: i / FIELD I OTHER CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor cenifies that to the best of the Contractor's knowledge,informal Application is made for payment,as shown below,in connection with the Contract. and belief the Work covered by this Application for Payment has been completed in accordat Continuation Sheet,MA Document G703,is attached. with the Contract Documents,that all amounts have been paid by the Contractor for Work which previous Certificates for Payment were issued and payments received from the Owner, 1.ORIGINAL CONTRACT SUM $ that current payment shown herein is now due. 2.Net change by Change Orders $ CONTRACTOR: 3.CONTRACT SUM TO DATE(Line I±2) $ By: Date: 4.TOTAL COMPLETED&STORED TO DATE(Column G on G703i $ State of: 5.RETAINAGE: County of: a._f of Completed Work Subscribed and sworn to before (Column D+Eon G703) $ me this day of b. Sc of Stored Material (Column F on G703) $ Notary Public: My Commission expires: Total Retainage(Lines 5a+Sb or Total in Column I of G703) $ 6.TOTAL EARNED LESS RETAINAGE $ ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 Less Line 5 Total) In accordance with the Contract.Documents,based on on-site observations and the data contpris 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ this application,the Architect certifies to the Owner that to the best of the Architect's knowled information and belief the Work has progressed as indicated, the quality of the Work is (Line 6 from prior Certificate) accordance with the Contract Documents, and the Contractor is entitled to payment of 8.CURRENT PAYMENT DUE $ AMOUNT CERTIFIED. 9.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED $ (Line 3 less Line 6) 5 (Attach e.uplunmion if amount certified differs from the amount applied.Initial all.figures on this Application and on.the Continuation Sheet that are changed to conform with the amount certtfie, CHANGE ORDER SUMMARY I ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner S $ By: Date: Total approved this Month S $ TOTALS $ $ This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contras named herein.Issuance,payment and acceptance of payment are without prejudice to any right NET CHANGES by Change Order $ the Owner or Contractor under this Contract AIA Document G702m-1992.Copyright 91953,1963,1965.1971,1978.1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copes of this document when completed.To report copyright violations of AIA Contract Documents,email The American Institute of Architects'legal counsel,copyrigh pia a.org. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 42 of 43 C 16 0 1 6 CONTINUATION SHEET AIA DOCUMENT G703 (Instructions on reverse side) PAGE OF PAGES ALA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO.: containing Contractor's signed Certification,is attached. APPLICATION DATE: In tabulations below,amounts are stated to the nearest dollar. PERIOD TO: Use Column Ion Contracts where variable retainage for line items may apply, ARCHITECT'S PROJECT NO.: A B C D E I F 0 H I I WORK COMPLETED laTERIAILS TOTAL .COMPLETED . BALANCE ' (I F 1R.,ARTLiki3LE I I SCHEDULED -• --I PRESENTLY A.NroD SDIORTREED 0., RETAINAGE ITEM 1 DESCRIPTION OF WORK FROM PRtAIOLs 1 To i 0,+C) FINISH VALUE STORED . i APPLICATION TES PERIOD (NOT IN 1 I (D+E) D ORE (D+E+F) (C-G) I I • ' _ CV AlA DOCUMENT G703•CONTISIJAIION SHEET FOR GT2•199?EDITION•AL At•-;,1992•THE AMERION DISTITITE OF ARCHITECTS,1735 NIT YORK AVENCE.Nr.:TASHLNGTON,DC.200-5292•WA RI I NG:Unticensed photocopying violates US.occright Ian and A subject the violator to kial prosecution. G7034992 le law. CAUTION:You should use an original AIA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 43 of 43 --) ,_ , 16D16 Grant# 10DB-D4-09-21-01-K09 CFDA/CSFA#- 14.228 Subrecipient—Immokalee Area Community Redevelopment Agency (CRA) DUNS # -076997790 FETI#- 59-6000558 Fiscal Year End: 9/30 Monitor End: 11/2019 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND Immokalee Area Community Redevelopment Agency Colorado Avenue Area Stormwater This Amendment is entered into this 27th day of May, 2014, by and between the "Immokalee Area Community Redevelopment Agency (CRA)," a Community Redevelopment Agency approved by the Board of Collier County Commissioners hereinafter referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the "Parties." WHEREAS, on April 23, 2013 the Board of County Commissioners approved submittal of Modification # 7 for grant agreement #10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity (DEO) and the execution of an associated subrecipient agreement providing Community CDBG/DRI funds for the Colorado Avenue Stormwater project in Immokalee, Florida WHEREAS on June 25, 2013 the DEO approved Modification #7 for grant agreement #10DB-D4-09-21-01-K09 providing Community CDBG/DRI funds for the Colorado Avenue Stormwater project WHEREAS, the Parties desire to amend the Agreement to add Construction Engineering inspections activities to the Scope of Services, update the Collier County Purchasing Policy thresholds, clarify the environmental tasks and add language for retainage. Words Struck ough are deleted; Words Underlined are added THE SUBRECIPIENT AGREES TO: I. SCOPE OF SERVICES Page 1 of 6 Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Contract Amendment#2 16016 The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG/DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: The Immokalee Area CRA project will Undertake various flood and drainage improvements in the Colorado Avenue area, as defined by the Immokalee Stormwater Master Plan(ISWMP), conduct an Environmental Review/Assessment for the Colorado Avenue Section of the Downtown area Inifffekalee Stormwater Master Plan project, install or replace associated sidewalks, perform Construction Engineering Inspections (CEI Services) and complete engineering activities for the project. III. AGREEMENT AMOUNT DRI FUNDS NOTE* Activities/items/services may include but not be limited to: Colorado Avenue Project All costs associated with the construction of $517,300.00 497,600.00 stormwater improvements and associated sidewalks for the Colorado Ave. Stormwater project and the environmental assessment for the Colorado Ave. section of the Downtown Immokalee Stormwater Master plan_project. Construction Engineering Inspections $19,700 Total $ 517,300.00 * * * The following table details the project deliverables and payment schedule. Deliverable Payment Submission ScheduleDeliverable/Documentation Schedule Construction activities for Submission of monthly invoices on stormwater improvements, AIA G702-1992 form (attached as Monthly Environmentals and Exhibit"G") or equivalent document associated sidewalks. per contractor's Schedule of Values. Supporting documents must be provided as back up. Page 2 of 6 Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Contract Amendment#2 16D16 Final 10% of the construction contract to be released upon Certificate of Submit request after Completion, final waiver of lien from final close out general contractor,.and documentation monitoring of clients served.-and final close out clearance monitoring Construction Engineering As invoiced per the CEI Services Included with Inspections Agreement monthly invoicing X * X IX. ADMINISTRATIVE REQUIREMENTS X X * D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, DEO AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range ($) Quotes Under $3K No Quote Required 1 Written Quote Above $3K to $10K 3 Written Quotes Above $10K to $50K 3 Written Quotes Request for Proposal (RFP) Invitation To Above $50K Bid (ITB) * * x Page 3 of 6 Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Contract Amendment#2 1 6 0 1 6 IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: , ' , BOARD OF COUNTY COMMISSIONERS OF DWIGI IT`E,. IlltOCK, CLtERK COLLIER UNTY,1LORIDA By. F --- -._ . 14 -. e, est as to Chairmah P s ' 11411 *k Tom Henning, C lairt tan 3127/7,/t/ signat , ' ; J ., „, -'-' • 9 ril 0 Dated: AriVA (SEAL) ATTEST: ,. Collier County Community Redevelopment DWIGHT E. BROCIc, CAK Agency(CI g - Immokalee .rea 1P , , ...... . 'OA ?" Li ' Plaill' i'l 1 ilikAm'alliP By / / kg" ' diffiP " I t •eptitY 740777 Donna Fia 1, Chairman, Collier County ttest as to Ckiirmanyk ‘, Community Redevelopment Agency signature- fl . u . gal ` w 201: Date/ (VA,'_ ;,■_., II, - I (SEAL) Approved as to form and legality: ‘ 0 N . Jennifer A. Belpedio Assistant County Attor y 032. \''''\*%'s Page 4 of 6 Immokalee Area Community Redevelopment Agency DRI 08-09 Color ado Ave Area Stormwater Contract Amendment#2 0 inimumemoromi 16016 EXHIBIT "B" COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Immokalee Area Community Redevelopment Agency Sub recipient Address: 1320 15th Street Immokalee, Fl. 34142 Project Name: Colorado Ave. Area Stormwater Project No: DRI 08-09 Payment Request# Dollar Amount Requested: $ Date: Period of Availability: 6/25/2013-12/21/2014 or as modified Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $517,300 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. 10% Retainage withheld 7. Payment amount for this request 6 8. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Page 5 of 6 Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Contract Amendment#2 16016 Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director (approval required $15,000 and above) Page 6 of 6 Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Contract Amendment#2 0 16016 Grant#10DB-D4-09-21-01-K09 CFDA/CSFA# 14.228 Subrecipient—The Shelter for Abused Women and Children,Inc. DUNS # - 836680769 FETI#- 59-275895 Fiscal Year End: 6/30 Monitor End: 11/2019 AGREEMENT BETWEEN COLLIER COUNTY AND The Shelter for Abused Women and Children, Inc. Main Facility, Garage Door Replacement THIS AGREEMENT is made and entered into this 27th day of May, 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "The Shelter for Abused Women and Children, Inc." A private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at P. O. Box 10102, Naples, Florida 34101. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, storm mitigation, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreements with the Florida Department of Economic Opportunity (DEO) for grant #10DB-D4-09-21-01-K09 in the amount of $9,963,201.00 in Community Development Block Grant(CDBG) Disaster Recovery Initiative (DRI)Funds on May 25, 2010, Item No. 16.D.10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in Part "I" of this agreement, in accordance with the approved Disaster Recovery Initiative Subgrant Agreement, approved by the County; and WHEREAS,the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative Grant Program as a valid and worthwhile County purpose NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 1 of 43 0 16016 PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the DRI program, will make available DRI funds up to the gross amount of 7,800.00 to The Shelter for Abused Women and Children, Inc. to install an impact resistant garage door at the Shelter's main facility in Naples, Fl. 1.1 SPECIAL GRANT CONDITIONS A. Within 30 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the environmental review and infrastructure construction. B. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. C. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action/Equal Opportunity Policy 4. Conflict of Interest Policy 5. Residential Anti-displacement and Relocation Policy 6. Sexual Harassment Policy 7. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) 8. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 1.2 PROJECT DETAILS A. Project Description Improvements Federal Funds Project Component 1: The construction cost and associated costs of fees $5,000 The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 2 of 43 a 16016 and perm its necessary to replace an existing overhead garage door and o)ener with CM impact resistant garage door. Project Component 2: The cost of the IIUD required Environmental $2,800.00 Assessment, Total: $7,800,00 The detailed project scope will be contained in the schedule of values awarded in the projects construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction the associated construction agreement will prevail for reimbursement. The project will accomplish the replacement of the existing overhead garage door and opener with an impact resistant garage door and new opener at the Shelter's main facility in Naples, Fl. Project Tasks I. Maintain documentation on LMC served in compliance with 24CFR 570.208(a)(2) 2. Provide monthly reports on progress and national objectives 3. Provide Environmental Review Assessment 4. Provide Site Design and Specifications 5. Prepare Bid Specifications and Cost Estimate 6, Obtain Sealed Bids or Quotes and provide procurement documentation 7. Provide Certified Payroll and Interview Forms on a weekly basis 8. Submit invoices to HHVS for environmental and construction/installation B. National Objective The grant funds awarded to the Shelter for Abused Women and Children, Inc. will benefit at least 51% Low to Moderate Income Households. As such the Subrecipient shall be responsible for ensuring that at least 51% percent of the beneficiaries meet the definition of Clientele Benefit Activities at 24 CFR 570.208(a)(2). C. Project Outcome The project will and install an impact resistant garage door and the associated opener. D. Performance Deliverables The Following Table Details the Project Deliverables The Shelter for Abused Women and Children, Inc. DR(08-15 Main Facility,Garage Door Replacement Page 3 of 43 16016 Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Prior to the disbursement of (Section 1.1) agreement funds Insurance Insurance Certificate Annually within 30 days of renewal Detailed Project Schedule Project Schedule Within 30 days of Agreement Execution Project Plans And Specifications Site Plans Prior to Invitation to Bid Invitation to Bid Sealed Bid Documents or Quotes Prior to Invitation to Bid Submission of Progress Report Exhibit D Monthly and Annually thereafter until 11/2019 Financial and Compliance Audit Exhibit E Annually 180 days after FY end Continued Use Certification Continued Use Affidavit Annually until 2019 E. Payment Schedule Payment Deliverable Payment Submission Schedule Deliverable/Documentation Project Component 1: The • Construction: Submission of • Monthly construction cost and the supporting documents must be cost of permits necessary to provided as back up as replace an existing overhead evidenced by, but not limited garage door and opener with to, signed AIA G702-1992 an impact resistant garage form (attached as Exhibit"G") door or equivalent document accompanied by the contractor's Schedule of Values, proof of payment and associated photos. Exhibits "B" and"C" if applicable. • 10% Retainage will be • Submit request withheld with each request for after final close payment and will be released out and upon completion of activities monitoring and final close out monitoring clearance Project Component 2: The • Environmental Assessment • Pending: HHVS cost of the HUD required document, proposal, invoice, Consultant Environmental Assessment proof of Payment and Exhibit"B" review and for the Shelter's main DEO approval facility in Naples, Florida 1.3 TIME OF PERFORMANCE The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 4 of 43 a 1613 16 Services of the SUBRECIPIENT shall start on the effective date of Modification #9 of DRI Subgrant Agreement #10DB-D4-09-21-01-K09 and end prior to the end date of the same agreement, as extended by modification to the DRI Subgrant Agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Seven Thousand Eight Hundred Dollars and No Cents ($7,800.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the foretasted amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with Board approval. All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 5 of 43 0 16016 §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non-Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Lisaoien @colliergov.net 239-252-6141 SUBRECIPIENT ATTENTION: Julie Franklin, Director P. O. Box 10102 Naples, Fl. 34101 j fanklin@naplesshelter.org 239-775-3862 SIGNATURE PAGE TO FOLLOW The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 6 of 43 0 16016 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST:, ' I `. BOARD OF COUNT COMMISSIONERS OF c WIGRTt.13 ROCK,CLERK. COLLIER C JNTY, 'LORIDA -{ , /' -4,. 'St alio Chairman's TOM HENN G,C . 'MAN _ 72777 Signature i'', .. Q 1 r The Shelter for Abused Wo in and Children, Inc. Dated: '•A . 014' i 0 1 (SEAL) By:-� �� 4tip-palt."---- Julie Franklin, Director 6c OpA.. lA-e v The Shelter for Abused Women and Children, Inc. Approved, Z as too form and legality: � ` Jennifer A. Belped ellik Assistant County A' • 'ey ` � \e The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 7 of 43 16016 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 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 not be limited to, the following: A. All records required by CDBG regulations B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and 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 HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for six (6) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 8 of 43 16D16 informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. For Area Benefit activities, the SUBRECIPIENT will maintain documentation on the low-to-moderate benefit to the area by census tracts served. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 9 of 43 16016 of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by recipients, subrecipients, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA)to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department,the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of five percent (5%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity may be considered in violation of Resolution 2013-228 The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 10 of 43 C) 161316 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail; the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of ten percent(10%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity will be considered in violation of Resolution 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. o The entity will be considered in violation of Resolution 2013-228 If in the case the Entity has multiple agreements with the Department and is found to be non- compliant, the above sanctions may be imposed across all awards at the County's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit monthly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D-1". Exhibit "D-1" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 11 of 43 (2.) 16016 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 12 of 43 16016 of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may subject to CDBG regulations, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 13 of 43 16016 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO), AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made,the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 14 of 43 OHO 16016 G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 15 of 43 16016 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of the Collier County Purchasing Policy Purchasing Threshold Policy Dollar Range ($) Quotes Under$3K 1 Written Quote Above $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) 3.13 PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 16 of 43 16016 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the 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 "D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 17 of 43 410 16016 provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 18 of 43 t1� 16D16 c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof REMAINDER OF PAGE INTENTIONALLY LEFT BLANK The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 19 of 43 oNi 16016 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr58 main 02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddojstatement.pdf E.O. 11063 —Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/EXO 11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/prog desc/title8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3- sec570-602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 20 of 43 O� 16016 advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.govilaws/statutes/titlevii.cfm 4.9 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 21 of 43 16016 The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age act.htm 11063:http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal o pp/FHLaws/EXO 11063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375: Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://www.epa.gov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.html 24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in whole or in part byLoans or Grants from the United States- http://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http://www.law.comell.edu/cfr/text/29/part-5 The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 22 of 43 0V) 16016 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 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 http://www.mbda.gov/node/333 HUD Circular Letter 79-45: No reference found 4.17 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 HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-vol3-sec570-608.pdf E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430 -the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: http://www.law.cornell.edu/cfr/text/24/part-84 • Subpart A—General; • Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C—Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment—In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 23 of 43 oNT 16016 • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be six years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. http://www.ecfr.gov/c gi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr85 main 02.tpl 4.21 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoe/history/35th/thelaw/irca.html 4.22 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - http://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County - http://bccsp01/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%20531 1.1%20Standards%20of%o20Conduct.pdf 4.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 24 of 43 16D 16 4.24 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). 4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. http://www.fl senate.gov/Laws/Statutes/2010/44.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 4.27 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. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.6&idno=24 4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 25 of 43 (C) 16016 Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.9&idno=24 4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800 main 02.tpl. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://wwvv.nps.gov/history/local-law/nhpa1966.htm 4.30 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&idno=24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 26 of 43 6-;) 16016 OMB Circular A87: http://www.whitehouse.gov/omb/circulars a087 2004/ OMB Circular A102:http://www.whitehouse.gov/omb/circulars al 02/ OMB Circular A21:http://www.whitehouse.gov/omb/circulars a021_2004/ OMB Circular A110:http://www.whitehouse.gov/omb/circulars al 10/ OMB Circular A122: http://www.whitehouse.gov/omb/circulars a122 2004/ 4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. 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. http://www.whitehouse.gov/omb/circulars/a133 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the 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. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.cornell.edu/cfr/text/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.35 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.lawserver.com/law/state/florida/statutes/florida statutes 287-133 4.36 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 The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 27 of 43 16016 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. 4.37 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem rates in effect at the time of travel. 4.38 Any rule or regulation determined to be applicable by HUD. 4.39 Florida Statutes 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.40 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida statutes 119-021 4.41 The Disaster Recovery Initiative Agreement#10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity by reference are incorporated into this agreement. J:Grants/DRI 2008 TS Fay (K Grant)/Agreements/DCA DRI 2008 original grant agreement executed.pdf 4.42 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.07.html PART V DISASTER RECOVERY WAIVERS The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 28 of 43 (;) 16016 "Waivers and Alternative Requirements for Grants Under the Supplemental Appropriations Act,2008"(Federal Register/Vol. 74,No.29/Friday, February 13,2009/Notices [FR-5256—N-01]). Relevant Waivers including, but not limited to: 5.1 Overall benefit waiver and alternative requirement. (2) 5.2 Citizen participation waiver and alternative requirement. (5) 5.3 Modification requirement for consultation with local governments. (6) 5.4 Duplication of benefits. (10) 5.5 Waiver and alternative requirement for distribution to CDBG metropolitan cities and urban counties. (11) 5.6 Program income alternative requirement. (12) 5.7 Note that use of grant funds must relate to the purposes of the Second 2008 Act. (13) 5.8 Waiver of performance report and alternative requirement. (14) 5.9 Recordkeeping. (16) 5.10 Change of use of real property. (17) 5.11 Housing-related eligibility waivers. (19) 5.12 One-for-one replacement of units damaged by disaster. (21) 5.13 Flood Buyouts. (22) PART VI EXHIBITS EXHIBIT "A" The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 29 of 43 INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 30 of 43 `Si) 16016 Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 31 of 43 1601ó EXHIBIT "B" COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Sub recipient Name: The Shelter for Abused Women and Children,Inc. Sub recipient Address: _ P.O.Box 10102 Naples,Fl. 34101 Project Name: Garage Door Replacement,Hurricane Hardening Project No: DRI 08-15 Payment Request# Dollar Amount Requested: 7,800.00 Date: Period of Availability: effective date of DRI grant#IODB-D4-09-21-01-K09 Mod#9-12/21/2014 or as modified Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $7,800.00 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. 10%Retainage Withheld $ 7. Payment amount for this request $ 8. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director (approval required $15,000 and above) The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 32 of 43 0 n_ G 16016 EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed,have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 —Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's Request for Payment. The Shelter for Abused Women and Children,Inc. Witness: BY: BY: ITS: Project Manager DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality He/She is personally known to me OR has produced as identification and who did(did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 33 of 43 16016 EXHIBIT "D" Exhibit "D" contains four(4) monthly reporting forms D-1 The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 34 of 43 16016 CDBG/DISASTER RECOVERY MONTHLY PROGRESS REPORT Complete form for the current month and submit to Housing&Human Service's staff by the 26th of each month. Status Report for Month of Submittal Date: Project Name Options Thrift Shoppe, Hurricane Hardening Project Number: DRI 08-15 Activity Number: 14E Rehabilitation Commercial Subrecipient:The Shelter for Abused Women and Children, Inc. Contact Person Julie Franklin Telephone:239-775-3862 E-mail: Jfranklin(n,naplesshelter.org 1. Activity Status/Milestones (describe any action taken, relating to this project, during the month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 35 of 43 kli„) 160 / 6 D-2 | Accomplishments and Ben ficiaries Monthly Reports---- yu " recipient: Tho8hd�,|�rAbxmd{�o"ooxudrbVdon'I",. - Accomplishments ' -- -- |_-_ / Total Projected Units'Units mpleted/Month 1 Business umt January February March April -� Document date �— May June July August -- September October November December ------' -----------' | - __-_ � ------' '-- | ! m� L: _. Beneficiaries Beneficiaries Completed/Month ---- Number of beneficiaries January February March April - ! LMI _ | mm Please list the total LMI TOTAL I beneficiaries for each month m_ May June July August the top box. While llstlg the total amount -- TOTAL of beneficiaries /"th lower e/o°� box- September October November December -- LMI ' -- - — | TomL ' | _m*_�� TOTAL: =Low to Moderate Income Persons - -- ----' - | H�ex @s | � ! �- - ---- - --- ' ' | Total Households --- --- / Number aHouseholds January February March April ---- / _ \ ------' - | - - ma June July August -- | - - - | smneu»mmsu"at"re: -- --- � -- ' -~ --- | September October November December DATE: -------- -` -- - --^- ! TOTAL: The Shelte for Abused Women and Children,Inv DRI 08-15 Main Fachty Garage Door Replacement Page 3hof49 16D16 D-3 Summary of All Beneficiaries by Race Monthly Report January Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Data Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 0 Other Multi-racial(20) 0 Native Hawaiian Pacific Islander(15) ( ) February Year: Summary of All Beneficiaries by Race(reported for Fair Housin and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Data Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan salve and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 March Year Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 April Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 May Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes'.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Slander(15) 0 Other Multi-racial(20) 0 June Year Summary of All Beneficiaries by Race(reported for Fair Housing and SO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Mule-racial(20) 0 July Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) I African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) meacieetrifer, _ 0 Other Multi-racial(20) wt 0 Augist Year: Summary of All Beneficiaries by Race(reported for Fair Housin and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 0 Other Multi-racial(20) 0 Native Hawaiian Pacific Islander(15) ( ) September Year: Summary of All Beneficiaries by Race(reported for Fair Housing and SO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 October Year: Summary of Ali Beneficiaries by Race(reported for Fair Housing and EO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date ) White(11) 0 Amer ran Indian or Alaskan Native and White(16) i. African American(12) 0 Asian and White(17) Asian(13) 0 African American and white(18) American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) t0 salve Hawaiian Pacific Islander(15) 0 Other Mule-racial(20) ;a November Year Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. . Racial Code Served this Month Served to Date Racial Code Served this Month Served to Data White(11) 0 American Indian or Alaskan Native and White(16) African American(12) 0 Asian and White(17) Asian(13) 0 African American and White(18) American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) Native Hawaiian Pacific Islander(15) 0 Other Mule-racial(20) December Year: Summary of All Beneficiaries by Race(reported for Fair Housing and SO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date The White(11) 0 American Indian or Alaskan Native and White(16) African American(12) 0 Asian and White(17) DR Asian(13) 0 African American and White(18) American Indian or Alaskan Native(19) 0 American Indian/Alaskan Native and African American(19) MalNative Hawaiian Pacific Islander(15) v 0 Other Multi-racial(20) °1431 16016 D-4 Contractor information for Section 3 and MBE,Subrecipient Monthly Report (9)Contract Period (12)Contractor Procurement Compliance Checklist (])Prime (8)Subcontractor (li)Amount of (11)Type of Trade or Subcontractor Contractor Information (6)Contractor ContractarlDq IDg (a)Start Dale (b)End Date Contract (1d) Racial Ethnic(1 (13)Section 3 (14)WBEN /N) (15)Small (16)Davis Bacon (See Right) Subcontract (See Right) 7)(See Rights (YIN) Business)Y/N) (Y/N) Name Street City State&Lp Code Name Street City State&Zip Code Name Street City State&Lp Code 8)When subcontractor ID is used,information 11)Type of Trade Codes 12)Racial Ethnic Codes it cokmns 9 through 16 must reflect the 1=New Construction(includes housing rehab,water,and 1=While American subconbactormhxmation,not the prime sewer) 2=BlckAmercan contractors infonnatbn;also dncbde prime 2=Education/Training 3=NabveAmerican contractors ID number. 3=Other(includes supply,professional services and other 4=Hispanic American actwYies exceptconsbucton andeducatbMraining) 5=Asian/Pacific American 6=Hasidic Jews 7=Other The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 38 of 43 16016 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient Name Fiscal Year Period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as 171 indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. ❑ We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 39 of 43 16016 . EXHIBIT "F" AIA G702-1992 Form A form significantly resembling the AIA document in this EXHIBIT shall be used for Contractor Payment and subsequent Subrecipient reimbursement The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 40 of 43 16016 4 *AIA Document G702TM- 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA Document G702,Application and Certificate for Payment,is to be used in conjunction with AIA Document G703,Continuation Sheet.These documents are designed to be used on a Project where a Contractor has a direct Agreement with the Owner.Procedures for their use are covered in AI Document A201,General Conditions of the Contract for Construction. Use of Current Documents Prior to using any AIA Contract Document,users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA.There is no implied permission to reproduce this document,nor does membership in The American institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G702,but only for use in connection with a particular project.The AIA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AiA software.Licensed AlA software users should consult the End User License Agreement(EULA). To report copyright violations of AIA Contract Documents,e-mail The American institute of Architects'legal counsel, copyright@aia.org. COMPLETING THE GT02 FORM After the Contractor has completed AIA Document G703,Continuation Sheet,summary information should be transferred to AIA Document G702,Application and Certificate for Payment. The Contractor should sign G702,have it notarized,and submit it,together with G703,to the Architect. The Architect should review G702 and 0703 and,if they are acceptable,complete the Architect's Certificate for Payment on 0702. The Architect may certify a different amount than that applied for,pursuant to Sections 9.5 and 9.6 of A201.The Architect should then initial all figures on G702 and G703 that have been changed to conform to the amount certified and attach an explanation.The completed G702 and G703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AIA Document G702, Application and Certificate for Payment.The completed form contains the name and address of the Contractor.Payment should not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting(i.e.,president,secretary,partner,etc.)and the authority under which they are executing the document.Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the tirm or entity should be attached. AIA Document G7O2TM—1992.Copyright 0 1953,1963,1965,1971,1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten (10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel, copyright@aia.org. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 41 of 43 16016 .AIA Document G7O2N - 1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution PERIOD TO: OWNER I CONTRACT FOR: ARCHITECT I FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR I PROJECT NOS: I I FIELD OTHER CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,informati Application is made for payment,as shown below in connection with the Contract. and belief the Work covered by this Application for Payment has been completed in accordat with the Contract Documents,that all amounts have been paid by the Contractor for Work Continuation Sheet.ALA Document G703,is attached, which previous Certificates for Payment were issued and payments received from the Owner, 1.ORIGINAL CONTRACT SUM $ that current payment shown herein is now due. 2.Net change by Change Orders $ CONTRACTOR: 3.CONTRACT SUM TO DATE(Line I±2) $ 13y: Date: 4.TOTAL COMPLETED&STORED TO DATE(Column G on G7031 $ State of: 5.RETAINAGE: County of: a. 4b of Completed Work Subscribed and sworn to before (Column D+Eon 0703) $ me this day of b. of Stored Material (Column F on 0703) $ Notary Public: My Commission expires: Total Retainage(Lines Sa+Sb or Total in Column[of G703) $ 6.TOTAL EARNED LESS RETAINAGE $ ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 Less Line S Total) In accordance with the Contract Documents,based on on-site observations and the data compris 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ this application,the Architect certifies to the Owner that to the best of the Architect's knowled information and belief the Work has progressed as indicated, the quality of the Work is (Line 6 from prior Certificate) accordance with the Contract Documents, and the Contractor is entitled to payment of 8.CURRENT PAYMENT DUE $ AMOUNT CERTIFIED. 9.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED $ (Line 3 less Line 6) S (Attach explanation if amount certified differs from the amount applied.Initial all figures on this Application and on the Continuation Sheet that are changed to confinm with the amount certifie. CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner $ $ By: Date: Total approved this Month S $ TOTALS $ $ This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contra( named herein.Issuance,payment and acceptance of payment are without prejudice to any rights I NET CHANGES by Change Order S the Owner or Contractor under this Contract AIM Document G702'r'-1992.Copyright 0 1953,1963,1965.1971,1979.1983 and 1992 by The American Institute of Architects.Ali rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution et this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten 110)copies of this document when completed,To report copyright violations of AlA Contract Documents,email The American Institute of Architects'legal counsel,copyright@aa.org. The Shelter for Abused Women and Children,Inc. DRl 08-15 Main Facility,Garage Door Replacement Page 42 of 43 ) 16016 CONTINUATION SHEET AIA DOCUMENT G703 (Instnictiors on reverse side) PAGE OF PAGES ALA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT. APPLICATION NO.: containing Contractors signed Certification,is attached. APPLICATION DATE: In tabulations below,moots are stated to the nearest dollar. PERIOD to Use Column I on Contracts where variable retairage for line items may apply. ARCHITECTS PROJECT NO.: E F 0 H I WORK COMPLETED I mATERL.11.5 TOTAL pREsENny COMPLETED BALANCE I RE-IAINAGE ITEM SC SCHEDULED Fs TO DESCRIPTION OF WORK Rom?Emu STORED AND MRED " (IF MARLABLE) NO. APPLICATION TES PERIOD INOT IN TO DATE c) FINISH RATE) (D E) D OR El (1)+E+F) (C-0) • let ALA Docuerr 03.CONTINUATION SHEET FOR G782 1992 MON,AlAt t1992 THE,13EICAS KiSIITUTE OF ArETECTS,1735 NEW YORK AVE-NIT.NT.,ZeINGTOS,DC.2000S-5292 WARM Uricensed p violates U.S.copyilit Ian and stthject the violator to legi prosecution. G703-1992 CAUTION:lbu should use an original AIA document which has this caution printed M red.An original assures that changes will not be obscured as may occur when documents are wroduced. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 43 of 43 16016 DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is made and entered into on the 2 `{"'day of S:€104-ewi i9-oe' , 2015, by The Shelter for Abused Women and Children, Inc., hereinafter referred to as "THE SHELTER" in favor and for the benefit of Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" for property legally described as: A PARCEL OF LAND LYING IN AND BEING PART OF LOT 39, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY H CC DESCRIBED AS FOLLOWS: 0 0 COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SAID LOT 39 WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41 (TAMIAMI TRAIL); THENCE RUN SOUTH 51 DEGREES 52'10" EAST, ALONG Lu 0 THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41, A DISTANCE cs, OF 354.01 FEET TO THE EAST LINE OF SAID LOT 39; THENCE SOUTH 0 U_ DEGREES 03'10" WEST, ALONG THE EAST LINE OF LOT 39, A DISTANCE o ° o OF 211.02 FEET TO THE POINT OF BEGINNING OF THE HEREIN w - DESCRIBED PARCEL; THENCE CONTINUE SOUTH 0 DEGREES 03'10" o ° WEST ALONG THE EAST LINE OF LOT 39, A DISTANCE OF 1235.97 FEET o m TO THE NORTH RIGHT-OF-WAY LINE OF WEEKS AVENUE; THENCE ° SOUTH 89 DEGREES 58'45" WEST ALONG THE NORTH RIGHT-OF-WAY N o °' o 0 LINE OF WEEKS AVENUE, A DISTANCE OF 277.13 FEET TO THE WEST o L LINE OF SAID LOT 39; THENCE NORTH 0 DEGREES 00'00" EAST, ALONG ct o co m- THE WEST LINE OF LOT 39, A DISTANCE OF 1236.07 FEET; THENCE w o w cLaf NORTH 90 DEGREES 00'00" EAST, A DISTANCE OF 278.27 FEET TO THE z 0 POINT OF BEGINNING; AND LESS THE NORTH 280 FEET THEREOF. hereinafter referred to as "Property". Parcel Number 61835000104 WITHESSETH: 1. THE SHELTER agrees to all requirements of the Disaster Recovery Initiative Community Development Block Grant (DRI/CDBG) Program in acceptance of DRI/CDBG funding from the COUNTY for the installation of a new garage door and opener The Shelter's main facility located at 2637 Weeks Avenue and the terms of the Agreement between Collier County and THE SHELTER, dated May 27, 2014, as it may be modified. 2. THE SHELTER its successors or assigns, shall use Property to meet one of the CDBG National Objectives for a period of five (5) years commencing on the date of initially [15-GRC-00430/1211581/1] 161316 meeting one of the National Objectives in accordance with 24 CFR 570.505 (the "Term"). Collier County's Community and Human Services Department must approve all changes in use of the Property in accordance with CDBG revisions of assets set forth in 24 CFR 570.503 (b)(7). 3. In the event THE SHELTER fails to use Property for the purposes set forth herein expressly or by reference, THE SHELTER agrees to transfer the ownership of the property to County or dispose of the property in compliance with 24 CFR 570.505, CDBG use requirements, in an amount equal to the fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 4. THE SHELTER agrees to maintain Property in compliance with local codes and in a safe, decent and sanitary condition, which shall include repairs and maintenance duties to the Property to extend the life of the dwelling. Further, THE SHELTER agrees to comply with all local, State and Federal requirements specific to funding sources attached to this property as instructed by the Collier County Community and Human Services Department. 5. The County may approve such action as may be necessary to allow the transfer, conveyance, assignment, leasing, mortgaging or encumbering of the Property or to accomplish the acts described above. 6. This Declaration of Restrictive Covenants set forth herein regulating and restricting the use and occupancy of the Property (i) shall be and are covenants running with the Property, encumbering the Property for the term of this Declaration, and binding, upon the Recipient's successors in title and all subsequent owners of the Property, (ii) are not merely personal covenants of the Recipient, and (iii) shall bind the Recipient and its respective successors and assigns during the term of this Declaration. All approvals shall be in writing and approved by the Collier County Board of County Commissioners. 7. Any and all requirements of the laws of the State of Florida to be satisfied in order for the provisions of this Declaration to constitute deed restrictions and covenants running with the land shall be deemed to be satisfied in full, and that any requirements or privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to ensure that these restrictions run with the land. 8. The invalidity of any clause, part or provision of this Declaration and Restrictive Covenants shall not affect the validity of the remaining portions thereof. 9. Collier County shall have the right to enforce the terms, provisions and restrictions of this Declaration of Restrictive Covenants for five (5) year in compliance with the April 23, 2013 Grant Agreement and 24 CFR 570, et. seq. Any forbearance on behalf of Collier County to exercise its right of enforcement hereunder shall not be deemed or construed to be a waiver of either of their rights hereunder. [15-GRC-00430/1211581/1] 16016 For the term of this Declaration, each and every contract, deed, or other instrument hereafter executed conveying the property or portion thereof shall expressly provide that such conveyance is subject to this Declaration, provided, however, that these covenants contained herein shall survive and be effective regardless of whether such contracts, deed or other instrument conveyance is subject to this Declaration. Upon expiration of the period during which THE SHELTER is obligated to operate the Property in accordance with the May 27, 2014 DRI/CDBG Grant Agreement and 24 CFR 570, et. seq., this Declaration shall terminate and shall no longer be effective. [SIGNATURE AND NOTARY PAGE TO FOLLOW] [15-GRC-00430/1211581/1] E)9 16016 The Shelter for Abused Women and Children, Inc. l` By: (il Q.4 n - 1`fG %2 2t Print: jkLt,c_ f r,1,4 -1vi Witness Si. -ture Title: u.r-eCi y- c7 (pirct- lkyN Pri t,: et♦ '1? f_ /17 ./ c \(KA* \\N\ Witness Signature Print: -0C% e•C(' t STATE OF FLORIDA COUNTY OF COLLIER Sworn to and subscribed before me this o`�el-day of Sefik flMY , 2015 by v U.. ' ( . - : . c _ na e s ,.. , . .r ‘. Vt,1(title), on behalf of COLLIER COUNTY ho is personally known to me or as produced as identification. ___ j 44 WITNESS my hand and official seal this a T*day • �2 „K. ..___, 2014. , de, _ ,d1 (affix notarial seal) `� d®,dL___ n=ure of Notary Public) TAMIKA (Print Name of Notary Public) NOTARY P NOTARY PUBLIC e / _ t STATE OF FLORIDA Serial/Commission: ® .' / 7 '" .... .'• Commit FF021718 My Commission Expires: Expires 9/19/2017 Approved as to form and legality: JEN ERA. BELP s Assistant County Atto - , .ata. [15•GRC-00430/1211581/1] ...,/ 16016 Grant#10DB-D4-09-21-01-1(09 CFDA/CSFA# 14.228 Subrecipient—The Shelter for Abused Women and Children, Inc. DUNS # - 836680769 FETI # - 59-275895 Fiscal Year End: 6/30 Monitor End: 11/2019 AGREEMENT BETWEEN COLLIER COUNTY AND The Shelter for Abused Women and Children,Inc. Options Thrift Shoppe Hurricane Hardening THIS AGREEMENT is made and entered into this 27th day of May, 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "The Shelter for Abused Women and Children, Inc." A private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at P. O. Box 10102, Naples, Florida 34101. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, storm mitigation, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreements with the Florida Department of Economic Opportunity (DEO) for grant #10DB-D4-09-21-01-K09 in the amount of $9,963,201.00 in Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) Funds on May 25, 2010, Item No. 16.D.10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in Part "I" of this agreement, in accordance with the approved Disaster Recovery Initiative Subgrant Agreement, approved by the County; and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative Grant Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 1 of 43 0 16016 PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the DRI program, will make available DRI funds up to the gross amount of 201,300.00 to The Shelter for Abused Women and Children, Inc. to fund construction activities at the Options Thrift Shoppe in Naples. 1.1 SPECIAL GRANT CONDITIONS A. Within 30 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the environmental review and infrastructure construction. B. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. C. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action/Equal Opportunity Policy 4. Conflict of Interest Policy 5. Residential Anti-displacement and Relocation Policy 6. Sexual Harassment Policy 7. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) 8. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 1.2 PROJECT DETAILS A. Project Description Improvements Federal Funds Project Component 1: The construction cost and associated costs of $196,000.00 fees associated activities and permits necessary to replace the roof The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 2 of 43 16016 • IF/W(1 ow.s. and exterior doors at the Options Thrift Shoppe. Project Component 2: The cost of the HUD required Environmental $5,300.00 Assessment Fotal: $201,300.00 The detailed project scope will be contained in the schedule of values awarded in the projects construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction the associated construction agreement will prevail for reimbursement. The project will accomplish the replacement of the roof, the windows and exterior doors at the Options Thrift Shoppe. Project Tasks 1. Maintain documentation on LMC served in compliance with 24CFR 570.208(a)(2) 2. Provide monthly reports on progress and national objectives 3. Provide Environmental Review Assessment 4. Provide Site Design and Specifications 5. Prepare Bid Specifications and Engineer's Cost Estimate 6. Obtain Scaled Bids and provide procurement documentation 7. Provide Certified Payroll and Interview Forms on a weekly basis 8. Submit invoices to HHVS for environmental and construction B. National Objective The grant funds awarded to the Shelter for Abused Women and Children, Inc. will benefit at least 51% Low to Moderate Income Households. As such the Subrecipient shall be responsible for ensuring that at least 51% percent of the beneficiaries meet the definition of Clientele Benefit Activities at 24 CFR 570.208(a)(2). C. Project Outcome The project will replace the roof, windows and exterior doors at the Options Thrill Shoppe, D. Performance Deliverables The Following Table Details the Project Deliverables L. Program Deliverable 7 Deliverable Supporting Submission Schedule The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 3 of 43 16016 Documentation Special Grant Condition Policies Policies as stated in this Prior to the disbursement of (Section 1.1) agreement funds Insurance Insurance Certificate Annually within 30 days of renewal Detailed Project Schedule Project Schedule Within 30 days of Agreement Execution Project Plans And Specifications Engineer Site Plans Prior to Invitation to Bid Invitation to Bid Sealed Bid Documents Prior to Invitation to Bid Submission of Progress Report Exhibit D Monthly and Annually thereafter until 11/2019 Financial and Compliance Audit Exhibit E Annually 180 days after FY end Continued Use Certification Continued Use Affidavit Annually until 2019 Program Income Reuse Plan Plan approved by the County Annually until 2019 E. Payment Schedule Payment Deliverable Payment Submission Schedule Deliverable/Documentation Project Component 1: The • Construction: Submission of • Monthly construction cost and costs supporting documents must be of permits necessary to provided as back up as replace the roof, windows evidenced by, but not limited and exterior doors at the to, signed AIA G702-1992 Options Thrift Shoppe in form (attached as Exhibit "G") Naples, Florida. or equivalent document accompanied by the contractor's Schedule of Values, proof of payment and associated photos. Exhibits "B" and"C" if applicable. • 10% Retainage will be • Submit request withheld with each request for after final close payment and will be released out monitoring upon completion of activities clearance and final close out monitoring Project Component 2: The • Environmental Assessment • Pending: HI VS cost of the HUD required document, proposal, invoice, Consultant Environmental Assessment Proof of Payment and Exhibit"B" review and for the Thrift Shoppe DEO approval 1.3 TIME OF PERFORMANCE The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 4 of 43 16016 Services of the SUBRECIPIENT shall start on the effective date of Modification #9 of DRI Subgrant Agreement #10DB-D4-09-21-01-K09 and end prior to the end date of the same agreement, as extended by modification to the DRI Subgrant Agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Two Hundred One Thousand Three Hundred Dollars and No Cents ($201,300.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the foretasted amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with Board approval. All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 5 of 43 �dJ 16016 for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non-Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Lisaoien @colliergov.net 239-252-6141 SUBRECIPIENT ATTENTION: Julie Franklin, Director P. O. Box 10102 Naples, Fl. 34101 j franklin@naple sshelter.org 239-775-3862 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 6 of 43 16D16 ATTEST: BOARD OA COUNTY COMMISSIONERS OF WIGHT E:BROCK,CLERK COLLIER tOUNT , FLORIDA s 1k* ' :i /e . BY: ._ _._ estas to Chelrman's Ti'9' ENNING, CHAT:•k AN47 jZG,�y signature .nly. V / The Shelter for Abused Women and Children, Inc. Dated:'' :Ail Alaki i 21)I I (SEAL) BY: f 14.4— Julie Franklin,Director ob Opium .kii.,,•✓ Approved as to form and legality: 1 Jenni 't`A. Bel pedio Assistant County Atto \A! i-,\ The Shelter for Abused Women and Children,Inc. I)RI 08-14 Options Thrift Shoppc,Flurricane Hardening Page 7 of 43 16016 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 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 not be limited to,the following: A. All records required by CDBG regulations B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and 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 HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for six (6) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be The Shelter for Abused Women and Children,Inc. DR1 08-14 Options Thrift Shoppe,Hurricane Hardening Page 8 of 43 16016 informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. For Area Benefit activities, the SUBRECIPIENT will maintain documentation on the low-to-moderate benefit to the area by census tracts served. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 9 of 43 S 16016 of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services (HHVS)has adopted an escalation policy to ensure continued compliance by recipients, subrecipients, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA)to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department,the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of five percent (5%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity may be considered in violation of Resolution 2013-228 The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 10 of 43 16016 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail; the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of ten percent(10%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity will be considered in violation of Resolution 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. o The entity will be considered in violation of Resolution 2013-228 If in the case the Entity has multiple agreements with the Department and is found to be non- compliant, the above sanctions may be imposed across all awards at the County's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit monthly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D-1". Exhibit "D-1" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. The Shelter for Abused Women and Children,Inc. DR1 08-14 Options Thrift Shoppe,Hurricane Hardening Page 11 of 43 Ut,J 16016 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 12 of 43 16C16 of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may subject to CDBG regulations, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 13 of 43 16016 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO), AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 14 of 43 16016 G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 15 of 43 16016 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work(Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of the Collier County Purchasing Policy Purchasing Threshold Policy Dollar Range ($) Quotes Under$3K 1 Written Quote Above $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) 3.13 PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 16 of 43 16016 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the 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 "D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 17 of 43 �Lv}, 16016 provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 18 of 43 16016 c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 19 of 43 CI M,) 16016 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr5 8 main 02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddojstatement.pdf E.O. 11063 —Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/EXO 11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/prog desc/title8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3- sec570-602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 20 of 43 0) 16016� advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.govilaws/statutes/titlevii.cfm 4.9 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 21 of 43 (Y-33 16016 The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age act.htm 11063:http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal o pp/FHLaws/EXO 11063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 1 1375: Amended by EO 1 1478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://www.epa.gov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.html 24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in whole or in part byLoans or Grants from the United States- http://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 22 of 43 c(791 ) 16016 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 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 http://www.mbda.gov/node/333 HUD Circular Letter 79-45: No reference found 4.17 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 HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-vol3-sec570-608.pdf E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: http://www.law.cornell.edu/cfr/text/24/part-84 • Subpart A—General; • Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C—Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment—In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 23 of 43 16016 • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be six years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl---/ecfrbrowse/Title24/24cfr85 main 02.tp1 4.21 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/3 5th/thelaw/irca.html 4.22 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - http://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://bccsp01/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205 31 1.1%20Standards%20o1%20Conduct.pdf 4.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 24 of 43 160 16 4.24 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). 4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/3 3/chapter-26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 4.27 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. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.6&idno=24 4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 25 of 43 (C)1,) 16016 Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b5 6&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.9&idno=24 4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.e c fr.g o v/cgi-b i n/te xt- idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800 main 02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nps.gov/history/local-law/nhpa1966.htm 4.30 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b5 6&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&idno=24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 26 of 43 /O 16016 OMB Circular A87: http://www.whitehouse.gov/omb/circulars a087 2004/ OMB Circular A102:http://www.whitehouse.gov/omb/circulars al 02/ OMB Circular A21:http://www.whitehouse.gov/omb/circulars a021 2004/ OMB Circular A110:http://www.whitehouse.gov/omb/circulars al 10/ OMB Circular A122: http://www.whitehouse.gov/omb/circulars a122 2004/ 4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. 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. http://www.whitehouse.gov/omb/circulars/a133 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the 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. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.cornell.edu/cfr/text/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.35 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.lawserver.com/law/state/florida/statutes/florida statutes 287-133 4.36 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 The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 27 of 43 Pt;) 16 ® 16 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. 4.37 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem rates in effect at the time of travel. 4.38 Any rule or regulation determined to be applicable by HUD. 4.39 Florida Statutes 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App mode—Display Statute&URL=0700- 0799/0713/0713.html 4.40 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida statutes 119-021 4.41 The Disaster Recovery Initiative Agreement#10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity by reference are incorporated into this agreement. J:Grants/DRI 2008 TS Fay ( K Grant)/Agreements/DCA DRI 2008 original grant agreement executed.pdf 4.42 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.07.html The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 28 of 43 01,3 16016 PART V DISASTER RECOVERY WAIVERS "Waivers and Alternative Requirements for Grants Under the Supplemental Appropriations Act,2008"(Federal Register/Vol. 74,No.29/Friday,February 13,2009/Notices [FR-5256—N-01]). Relevant Waivers including, but not limited to: 5.1 Overall benefit waiver and alternative requirement. (2) 5.2 Citizen participation waiver and alternative requirement. (5) 5.3 Modification requirement for consultation with local governments. (6) 5.4 Duplication of benefits. (10) 5.5 Waiver and alternative requirement for distribution to CDBG metropolitan cities and urban counties. (11) 5.6 Program income alternative requirement. (12) 5.7 Note that use of grant funds must relate to the purposes of the Second 2008 Act. (13) 5.8 Waiver of performance report and alternative requirement. (14) 5.9 Recordkeeping. (16) 5.10 Change of use of real property. (17) 5.11 Housing-related eligibility waivers. (19) 5.12 One-for-one replacement of units damaged by disaster. (21) 5.13 Flood Buyouts. (22) PART VI EXHIBITS The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 29 of 43 r` 16016 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 30 of 43 16016 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 31 of 43 6 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: The Shelter for Abused Women and Children,Inc. Sub recipient Address: P.O. Box 10212 Naples,Fl. 34101. Project Name:Options Thrift Shoppe,t-lunricane Hardening Project No: DRI 08-14 Payment Request## Dollar Amount Requested: $ 201,300.00 Date: Period of Availability: effective date of DRI grant/i IODI3-D4-09-21-01-1C09 Mod 119-12/21/2014 or as modified Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS I. Grant Amount Awarded $ $201,300.00 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. 10%Retainage Withheld 7, Payment amount for this request 8. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all requests, including retainage) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us,To the best of my knowledge and belief,all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director (approval required$15,000 and above) The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 32 of 43 16016 EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 —Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's Request for Payment. The Shelter for Abused Women and Children, Inc. Witness: BY: BY: ITS: Project Manager DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 33 of 43 \} 1 16016 EXHIBIT "D" Exhibit "D" contains four(4) monthly reporting forms The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 34 of 43 161316 D-1 CDBG/DISASTER RECOVERY MONTHLY PROGRESS REPORT Complete form for the current month and submit to Housing&Human Service's staff by the 26th of each month. Status Report for Month of Submittal Date: Project Name Options Thrift Shoppe, Hurricane Hardening Project Number: DRI 08-14 Activity Number: 14E Rehabilitation Commercial Subrecipient: The Shelter for Abused Women and Children, Inc. Contact Person Julie Franklin, Director Telephone: 239-775-3862 E-mail:jfranklinAnaplesshelter.org 1. Activity Status/Milestones(describe any action taken, relating to this project, during the month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 35 of 43 i)1,11j 16U116T DZ - / | Accomplishments and Benificiaries Month'y Reports Subrecipient: amshpre Gateway Triangle cnA Accomplishments / _ Total Units Projecte Units Completed/Month 1 January February March April Document date '- ---- -----'----------------'— May June July August ''__ i '--- — September October November December --___-- _ TOTAL; _ --- Beme8ciaries . -- Total Beneficiaries Projected Beneficiaries u,mn, / te /u Month-- Number of Beneficiaries '-- January February March April LMI ' LMI Please �� — beneficiaries for each month i May June July August the top box. �m/ While ' '-- TOTAL of beneficiaries inme/ow, bm September October November December .__ __ LMI TOTAL | ^� ~uw/^m°�wv�n�mmm Persons '-- -- -- -- ! Households r�xmm�h*w,pm�c�a Households — _ Number of Households January February March April -1 - --- May June July August September October November December DATE: TOTAL: The Shelter for Abused Women and Children, Inc. omIN8-|4 Options Thrill Shoppe Hurricane Hardening Page 36 of 43 16116 .............................. . .. D-3 Summary of All Beneficiaries by Race Monthly Report January Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 February Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes.Race is determined by head of household. Racial Code Served this Month Served to Data Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 March Year Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes'.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) et Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) t April Year: , Summary of All Beneficiaries by Race(reported for Fair Housin and EO purposes).Race is determined by head of household. c Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) '0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 May Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes.Race is determined by head of household. Racial Code Served this Month Served to Data Radial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 June Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) -.. ,P'/+w.we? 0 Other Mulb-racial(20) 0 July Year: Summary of All Beneficiaries )`sing and EO purposes).Race is determined by head of household. Racial Code )Ae.),,..): Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(19) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 August Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 0 Other Multi-racial(20) 0 Native Hawaiian Pacific Islander(15) ( ) September Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Blander(15) 0 Other Multi-racial(20) 0 October year Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes'.Race is determined by head of household. =s"" Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander(15) 0 Other Multi-racial(20) 0 November Year: Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes'.Race is determined by head of household. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(14) 0 American Indian/Alaskan Native and African American(19) 0 Native Hawaiian Pacific Islander j 4 .uo- .,._..> o - 0 Other Multi-racial(20) -/c' ^ti+a:,..«i. 0 m .. i December �' Year Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. .. Racial Code Served this Month Served to Date Racial Code Served this Month Served to Date The White(11) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 DR Asian(13) O African American and White(18) 0 American Indian or Alaskan Native(19) 0 American Indian/Alaskan Native and African American(19) 0 Opt Native Hawaiian Pacific Islander(15) v 0 Other Multi-racial(20) 0 41110 D-4 Contractor information for Section 3 and MBE,Subrecipient Monthly Report (8)Subcontractor 19)Contract Period (11)Amount of (11)Type of Trade (12)Contractor Procurement Compliance Checklist Contractor Information (6)Contractor (7)Prime ID# Contract/ (13) orSobcontractor Contractor IDp (a)Start Date (b)End Date Racial Ethnk(1 (13)Sectbn3 (14)WBE#)Y/N) (15)Small (16)Davis Bacon (See Right) Subcontract (See Right) 7)(See Right) ,YIN) Business(Y/N) (Y/N) Name Street City State&Lp Code Name Street City State&Lp Code Name Street City State&lp Code 8)When subcontractor ID is used,information 11)Type of Trade Codes: 12)Racial Ethnic Codes in columns 9 through 16 must reflect the 1=New Construction(includes housing rehab,water,and 1=Mite American subcontractorinrwmatbn,not the prime se her) 2=BlckAmercan contractors information;also include prime 2=Education/Training 3=NativeAmercan contractors ID number. 3=Other(includes supp)y,professional services and other 4=HispancAmercan activities except construction andeducatioMraining) 5=ASanPactfmcAmerican 6=Hasidic Jews 7=Other The Shelter for Abused Women and Children,Inc. DR1 08-14 Options Thrift Shoppe,Hurricane Hardening Page 38 of 43 161316 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient Name Pe iol Year Period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. ❑ We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons —explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 39 of 43 16016 EXHIBIT "F" AIA G702-1992 Form A form significantly resembling the AIA document in this EXHIBIT shall be used for Contractor Payment and subsequent Subrecipient reimbursement The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 40 of 43 16016 > Document G702'*'- 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA Document G702,Application and Certificate for Payment,is to be used in conjunction with AIA Document G703,Continuation Sheet.These documents are designed to be used on a Project where a Contractor has a direct Agreement with the Owner.Procedures for their use are covered in MA Document A201.General Conditions of the Contract for Construction. Use of Current Documents Prior to using any AIA Contract Document,users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted front without the express written permission of the AIA.There is no implied permission to reproduce this document,nor does membership in The American institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G702,but only for use in connection with a particular project.The AIA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission front the ALA. Rights to reproduce the document may vary for users of ALA software.Licensed AIA software users should consult the End User License Agreement(EULA). To report copyright violations of AIA Contract Documents,e-mail The American institute of Architects'legal counsel, copyright@aia.org. COMPLETING THE G702 FORM After the Contractor has completed AIA Document G703,Continuation Sheet,summary information should be transferred to AIA Document 0702,Application and Certificate for Payment. The Contractor should sign G702,have it notarized,and submit it,together with G703,to the Architect. The Architect should review G702 and G703 and,if they arc acceptable,complete the Architect's Certificate for Payment on G702. The Architect may certify a different amount than that applied for,pursuant to Sections 9.5 and 9.6 of A201.The Architect should then initial all figures on G702 and G703 that have been changed to conform to the amount certified and attach an explanation.The completed G702 and 0703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AIA Document G702, Application and Certificate for Payment.The completed form contains the name and address of the Contractor.Payment should not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting(i.e.,president,secretary,partner,etc.)and the authority under which they are executing the document.Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AIA Document G702n.—1992.Copyright®1953,1963,1965,1971,1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten (10)copies of this document when completed.To report copyright violations of AIA Contract Documents,a-mail The American Institute of Architects'legal counsel, copyright@aia.org. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 41 of 43 16016 v IA 13,}n Document G702' - 1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution PERIOD TO: OWNER I CONTRACT FOR: ARCHITECT I FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR I PROJECT NOS: I I FIELD ! OTHER CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,informal Application is made for payment,as shown below,in connection with the Contract. and belief the Work covered by this Application for Payment has been completed in accordar Continuation Sheet AIA Document G703,is attached. with the Contract Documents,that all amounts have been paid by the Contractor for Work which previous Certificates for Payment were issued and payments received from the Owner, 1.ORIGINAL CONTRACT SUM $ that current payment shown herein is now due. 2.Net change by Change Orders $ CONTRACTOR: 3.CONTRACT SUM TO DATE(Line I±2) $ By: Date: 4.TOTAL COMPLETED&STORED TO DATE(Column G on 07031 $ State of: 5.RETAINAGE: County of: a. %of Completed Work Subscribed and sworn to before (Column D+Eon 0703) $ me this day of b. of of Stored Material (Column E on 07031 $ Notary Public: My Commission expires: Total Retainage(Lines 5a+5b or Total in Column I of 0703) S 6.TOTAL EARNED LESS RETAINAGE $ ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 Less Line 5 Total) In accordance with the Contract Documents,based on on-site observations and the data contpris 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ this application,the Architect certifies to the Owner that to the best of the Architect's knowled information and belief the Work has progressed as indicated, the quality of the Work is (Line 6 from prior Certificate) accordance with the Contract Documents, and the Contractor is entitled to payment of 8.CURRENT PAYMENT DUE $ AMOUNT CERTIFIED. 9.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED S (Line 3 less Line 6) $ (Attach explanation i(amount certified differs from the amount applied.Initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certifre. CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner S $ By: Date: Total approved this Month S $ TOTALS $ $ This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contra( named herein.Issuance,payment and acceptance of payment are without prejudice to any right NET CHANGES by Change Order S the Owner or Contractor under this Contract MA Document G702n,-1992.Copyright 0 1953,1963,1965.1971,1978.1963 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AIA`Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations o'AIA Contract Documents,email The American Institute of Architects'legal counsel,copyright@aa.org. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 42 of 43 16 D 16 CONTINUATION SHEET AIA DOCUMENT G703 (Instructions on reverse side) PAGE OF PAGF.S. ALA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO.: containing Contractor's signed Certification,is attached. APPLICATION DATE In tabubtions below,amounts are gated to the nearest dollar. PERIOD 1D: Use Column I on Contracts where variable rednage for line items may ipply. ARCHITECT'S PROJECT NO.: A B C D E F 6 H I WORK COMPLETED aguls TOTAL SCHEDULED pREony COMPLETED [LUANG — AINAGE FROM PREVIOUS To ITEM i DESCRIPTION OF WORK STORED AND STORED (IF VARIABLE NO. VAL" APPLIC.kTION THIS PERIOD (NOT IN To DATE (6 FINISH RATE) (D 0 ORE (D+E+F) 1C 6) ' • • ea MA DOAN GM•CONTINUATION SHEET FOR •112•1992 MITION•0•f,19,72•tir.LIERICAN INSTIRTE OF AFCHFECTS,r3s\ YORK AVENUE.NW.iZSEiNGTOK DC 200.529,14 WARM Unlicensed photocowing violates US.coppight law and ral subOd the viittor to legal prosecution. G703-1992 CAUTION:You should use an original AIA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 43 of 43 16 0 16 DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenant , hereinafter referred to as Declaration, is made and entered into on the Z day of -Fwt b+ , 2015, by The Shelter for Abused Women and Children, Inc., hereinafter referred to as "THE SHELTER" in favor and for the benefit of Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" for property legally described as: The North 59.31 feet of Lots 1, 2 and 3, and all of Lots 4 and 5, and the 13 1/3 feet of lot 6, all in Block 22, Tier 10 Plan of Naples, according to the plat recorded in Plat Book 1, page 8, of the Public Records of Collier Count, Florida hereinafter referred to as "Property". Parcel Number 14048120006 WITH ESSETH: 1. THE SHELTER agrees to all requirements of the Disaster Recovery Initiative Community Development Block Grant (DRI/CDBG) Program in acceptance of DRI/CDBG funding from the COUNTY for the installation of a new roof, window and doors at The Options Resale Shoppe located at 968 2nd Avenue North and the terms of the Agreement between Collier County and THE SHELTER, dated May 27, 2014, as it may be modified. 2. THE SHELTER its successors or assigns, shall use Property to meet one of the CDBG National Objectives for a period of five (5) years commencing on the date of initially meeting one of the National Objectives in accordance with 24 CFR 570.505 (the "Term"). Collier County's Community and Human Services Department must approve all changes in use of the Property in accordance with CDBG revisions of assets set forth in 24 CFR 570.503 (b)(7). 3. In the event THE SHELTER fails to use Property for the purposes set forth herein expressly or by reference, THE SHELTER agrees to transfer the ownership of the property to County or dispose of the property in compliance with 24 CFR 570.505, CDBG use requirements, in an amount equal to the fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 4. THE SHELTER agrees to maintain Property in compliance with local codes and in a safe, decent and sanitary condition, which shall include repairs and maintenance duties to the Property to extend the life of the dwelling. Further, THE SHELTER agrees to comply with all local, State and Federal requirements specific to funding sources attached to this property as instructed by the Collier County Community and Human Services Department. INSTR 5212037 OR 5228 PG 2546 RECORDED 12/30/2015 9:46 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Ciko REC$27.00 16016 li 5. The County may approve such action as may be necessary to allow the transfer, conveyance, assignment, leasing, mortgaging or encumbering of the Property or to accomplish the acts described above. 6. This Declaration of Restrictive Covenants set forth herein regulating and restricting the use and occupancy of the Property (i) shall be and are covenants running with the Property, encumbering the Property for the term of this Declaration, and binding, upon the Recipient's successors in title and all subsequent owners of the Property, (ii) are not merely personal covenants of the Recipient, and (iii) shall bind the Recipient and its respective successors and assigns during the term of this Declaration. All approvals shall be in writing and approved by the Collier County Board of County Commissioners. 7. Any and all requirements of the laws of the State of Florida to be satisfied in order for the provisions of this Declaration to constitute deed restrictions and covenants running with the land shall be deemed to be satisfied in full, and that any requirements or privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to ensure that these restrictions run with the land. 8. The invalidity of any clause, part or provision of this Declaration and Restrictive Covenants shall not affect the validity of the remaining portions thereof. • 9. Collier County shall have the right to enforce the terms, provisions and restrictions of this Declaration of Restrictive Covenants for five (5) year in compliance with the April 23, 2013 Grant Agreement and 24 CFR 570, et. seq. Any forbearance on behalf of Collier • County to exercise its right of enforcement hereunder shall not be deemed or construed , to be a waiver of either of their rights hereunder. For the term of this Declaration, each and every contract, deed, or other instrument hereafter executed conveying the property or portion thereof shall expressly provide that such conveyance is subject to this Declaration, provided, however, that these covenants contained herein shall survive and be effective regardless of whether such contracts, deed or other instrument conveyance is subject to this Declaration. Upon expiration of the period during which THE SHELTER is obligated to operate the Property in accordance with the May 27, 2014 DRI/CDBG Grant Agreement and 24 CFR 570, et. seq., this Declaration shall terminate and shall no longer be effective. [SIGNATURE AND NOTARY PAGE TO FOLLOW} 16 0 1 6 • The Shelter for Abused Women and Children. Inc. /A-1/X7Z,. Print: Witness Sigyature Title: V , cti) Print: AQtri-) /kra-)cr) • Witness Signature Prini.: \Alt r s STATE OF FLORIDA COUNTY OF COLLIER ,41,1 Sworn to and subscribed before me this OS 1 *day of 6eptather, 2015 by çJiA r, la name), 1:),-recur citOeer,A-110,-.6 (title), on behalf of COLLIER COUNTY, ho is personally nown o meibr has produced as identification. A 4.0 WITNESS my hand and official seal this a41- day of 2014. "") 1114 1 (affix notarial seal) Arms- .. gnature of Notary Public) / / Z S--e4-11-e P—) TAMIKA SEATON (Print Name of Notary Public) NOTARY PUBLIC NOTARY PUBLIC IN (2, . / -STATE OF FLORIDA Serial/Commission: 1// 7/ ;•“" . Comm*FF021718 Expires 9/19/2017 My Commission Expires: Approved as to form and legality: 7 ,_ JENN_r F 1\ ER A. BEL"14410 ‘c••• Assistant County Att. ey c;) -1,\N 16016 Grant# 12DB-P5-09-21-01-K39 CFDA/CSFA# - 14.228 Subrecipient—Immokalee Area Community Redevelopment Agency (CRA) DUNS # -076997790 FETI #- 59-6000558 Fiscal Year End: 9/30 Monitor End: 11/2019 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY—IMMOKALEE AREA COMMUNITY REDEVELOPMENT AGENCY IMMOKALEE STORMWATER IMPROVEMENTS This Amendment is entered into this 27th day of May, 2014, by and between the "Immokalee Area Community Redevelopment Agency (CRA)." A Community Redevelopment Agency approved by the Board of Collier County Commissioners herein after referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the "Parties." WHEREAS, on January 24, 2012, item 16D2, the Board of County Commissioners approved Disaster Recovery Enhancement Funds grant agreement #12DB-P5-09-21-01-K39 between Collier County and the Florida Department of Economic Opportunity (DEO) WHEREAS, on May 22, 2012 item 16D3, the Board of County Commissioners approved the subrecipient agreement between the Immokalee Area Community Redevelopment Agency and County to engineer and construct Immokalee Stormwater Improvements funded by Disaster Recovery Enhancement agreement #12DB-P5-09-21-01-K39 between Collier County and the Florida Department of Economic Opportunity (DEO) WHEREAS, the Parties desire to amend the Agreement to increase the amount of funds and make certain clarifications to the scope and time of performance Words Struck eugh are deleted; Words Underlined are added THE SUBRECIPIENT AGREES TO Page 1 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#2 b� 16016 . II. TIME OF PERFORMANCE The effective date of the Agreement between Immokalee Area Community Redevelopment Agency and Collier County shall be May 22, 2012. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior to September 30-T2014the end date of the associated Collier/DEO grant agreement #12DB-P5-09-21-01-K39 as extended by modification. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD/DREF funding for allowable costs, determined by COUNTY, in an amount not to exceed . . _ . . , • , • ! , . . . , • , ! ! „ - ! ,' .• . Two Million Six Hundred Forty Five Thousand Six Hundred Ninety Four Dollars and 50/100 ($2,645,694.50) in U.S. Dollars for the services described in Exhibit "A." EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(CRA) IMMOKALEE Immokalee Stormwater Improvements A. PROJECT SCOPE: On January 24, 2012 the Board of Commissioners approved Disaster Recovery Enhancement fund grant #12DB-P5-09-21-01-K 39 with the Florida Department of Economic Opportunity (DEO). Details of this scope of work are consistent with and support certain details of that agreement. The Immokalee Area CRA project will undertake various flood and drainage improvements, as defmedoutlined by the Immokalee Stormwater Master Plan (ISWMP), along with associated sidewalks, engineering activities and project management costs. Page 2 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#2 16016 • This funding will be used as a continuation of the Immokalee Area Stormwater Improvement project, which was previously funded with 2008 Disaster Recovery Initiative grant # 10DB-D4-09-21-01-K09 and part of the ISWMP. This section of the proect is the Immokalee Stormwater Phase II Project consisting of Immokalee Drive and 16t Street in Immokalee, Florida. B. BUDGET: Collier County Housing, Human and Veteran Services is providing •r Million Elle-'en . • •- !! ,. ,e .4 : Two Million Six Hundred Forty Five Thousand Six Hundred Ninety Four Dollars and 50/100 ($2,645,694.50) in CDBG/DREF funding for the project scope described above. Line Item Description CDBG Funds Engineering and CEI services x$186,454.00 Sidewalks $475,000.91$185,535.00 Flood and drainage $1,378,610.55,$2,223,705.50 Project Management $25,000.00 Resurfacing $25,000.00 TOTAL 52304-1195-5:46$2,645,694.50* *Expenditures of$633,739.04 shall only be reimbursable if they occur after DEO's approval of Modification#3 to Disaster Recovery Enhancement Agreement #12DB-P5- 09-21-01-K39. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. C. PROJECT WORK PLAN: The following Project Work Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan 9/2013 11/2013 Prepare project plans and specifications 11/20135/2014 12/20136/2014 Procure eligible Contractor(s) 4-6/2014 3-7/2014 Begin Construction 48/2014 69/2014 Construction 50% complete 79/2014 912/2014 Construction 100%complete and project close out * * * Page 3 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#2 CA 161146 SCHEDULE "D-1" COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Immokalee Area Community Redevelopment Agency Subrecipient Address: 1320 N. 15th St. Immokalee, Fl. 34142 Project Name: Immokalee Stormwater Improvements Project No: DREF 08-01 Payment Request# $2,645,694.50 Dollar Amount Requested: $2,011,955.46 Date: SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $2,645,694.50 $2,011,955.46 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Page 4 of 6 Immokalee CRA 2008 DREF 08-01 Storm water Improvements Contract Amendment#2 Cg 16D16 . Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) SIGNATURE PAGE TO FOLLOW Page 5 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#2 cA C 16016 IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER C!,IUNT II, FLORIDA 13-7)/1?" LQ--°A A- A,Abi'iltMitiSN BY: p v/10.■ ,� p- 't .►'-rk Tom He ing, airman 5/27/2014 tangy : iratin . Dated: 21)),i)-, (SEAL) ATTEST: DWIGHT E. BROCK, CLEPX Collier County Community Redevelopment Agency i' &) -Immok lee Area f ,i' By: �'� A t aSO cha1r111a11' * ? nut, -rk Donna F ala, Chairman, Collier County ... Community Redevelopment Agency Signature onty. 5/27/2014 cDolveut Datec}! 2dF (SEAL) i Approved as to form and legality: Jennifer A. Belpedi p'' Assistant County Attorney 7 �a�\ � Page 6 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#2 0