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Agenda 10/11/2016 Item #16D 6 Proposed Agenda Changes Board of County Commissioners Meeting October 11,2016 Continue Item 16B4 to the October 25,2016 BCC Meeting: Recommendation to approve Change Order#4 to extend Contract 13-6012 with RWA Consultants,Inc.,for an additional 552 days;increase the contract amount by$70,650.00;and authorize the Chairman to execute the Change Order to permit the completion of the Thomasson Drive/Hamilton Harbor Streetscape Design Project in order to promote safer vehicular and pedestrian traffic movement. (Staffs request) Move Item 16D6 to Item 11E: Recommendation to approve thirteen sub-recipient agreements for projects previously approved in the FY 2016-17 Action Plan for the Community Development Block Grant, HOME, and Emergency Solutions Grant Programs. (Commissioner Taylor's request) Move Item 16D9 to Item 11F: Recommendation to approve the rebranding of the Collier Area Transit (CAT)logo to be used on all printed and digital media materials in order to ensure the success of Collier Area Transit's brand identity. (Commissioner Taylor's request) Continue Item 16F6 to the October 25,2016 BCC Meeting:Recommendation to approve Amendment#1 to Tourism Category"B"Contract#16-7008 between Collier County and Spirit Promotions for reimbursement of the operating expenses for the 2017 US Open Pickleball Championships in the amount of$60,000 and make a finding that these expenditures promotes tourism. (Staff's request) Deny Item 16J5 until such time as the Clerk certifies that the payables presented in this report have been pre- audited as previously specified by the Board: To provide to the Board a "Payables Report" for the period ending October 5,2016 pursuant to the Board's request.(Staff's request) Time Certain Items: Item 10B to be heard immediately following Item 5A Item 11C to be heard immediately following Item 10B Items 9A,9B and 9C to be heard immediately following Item 11C Note: Items 16E5 and 16E6: Ex Parte disclosure is not required for these items. (County Attorney's request) Item 16F1: The following is added to clarify and complete the public record related to this action: The Code of Laws(Ch 74—Impact Fees)provides that impact fees that are overpaid may be reimbursed within 4 years of payment. The impact fees related to this request were paid more than 4 years ago; however this development is built out and there is no future development for which to apply the overpayment. Impact fees cannot be charged in excess of the demand created. Therefore,in this case,a reimbursement is due and the Board authorizes an exception to current regulations. (Staff's request) Item 16K3 title should read: Recommendation to appoint a-member two members to the Collier County Citizen Corps. (County Attorney's request) 16.D.6__ 10/11/2016 EXECUTIVE SUMMARY Recommendation to approve thirteen sub-recipient agreements for projects previously approved in the FY 2016-17 Action Plan for the Community Development Block Grant,HOME, and Emergency Solutions Grant Programs.(Total Fiscal Impact$2,859,571) OBJECTIVE: To expend federal funds to assist the citizens of Collier County. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) offers entitlement funds to allow local governments to meet program-specific community needs. Entitlement programs include Community Development Block Grant(CDBG), which funds a wide variety of projects such as acquisition, public services, public amenities, and rehabilitation; HOME Investment Partnership (HOME), which funds new construction and rehabilitation of single and multi-family projects; and the Emergency Solutions Grant (ESG), which funds homeless programs. On June 28, 2016, the Board approved the County's Five-Year Consolidated Plan for use of entitlement funds for the period of FY2016-2020 as well as the FY2016-2017 One-Year Action Plan approving specific projects for funding(Agenda item16D23). The action plan approved the following projects to be funded: 2016-2017 HUD Grant Projects Organization Funding Purpose CDBG 1 Bayshore CRA $350,000 Karen Drive Stormwater 2 Oak Marsh $150,000 Timber Ridge at Sanders Pines Apartments Rehabilitation 3 The Shelter for Abused Women and $124,000 Security Improvements Children,Inc. 4 Bayshore CRA $330,000 Fire Suppression 5 Catholic Charities $450,000 Building Rehabilitation 6 Habitat for Humanity of Collier $375,000 Faith Landing Infrastructure Phase 4 County 7 Immokalee CRA $475,000 Sidewalks 8 City of Naples $166,930 Sidewalks CDBG Public Services 9 Boys&Girls Club $70,000 Immokalee Youth Program 10 United Cerebral Palsy $23,000 Ride for Life 11 Child Advocacy Center $50,000 Family Safety Program HOME 12 Rock Island Economic Growth $185,000 Homebuyer Education Corp. ESG 13 The Shelter for Abused Women and $110,641 Operations Children,Inc. Packet Pg.1032 1�6.D.6 10/11/2016 Note:A more specific activity description is outlined in the sub-recipient's agreement-Section I. Scope of Services. CHS is requesting the Board authorize the Chairman to execute the sub-recipient agreements. The agreements will be effective on the date signed, but as allowed per federal regulations, eligible expenditures will be reimbursed from October 1, 2016. No federal funds will be reimbursed for any sub-recipient agreement until the HUD entitlement agreements and the associated sub-recipient agreements are signed by the Board Chairman and the sub-recipient receives a notice to proceed. Staff has completed a compatibility analysis between the Consolidated Plan; the sub-recipient's grant application, the FY 2016-17 Action Plan, the priority needs category and the sub-recipient's scope of work. Staff confirms that the projects are compliant with the Consolidated Plan and the FY 2016-17 HUD Annual Action Plan. Board approval of the sub-recipient agreements confirms the basis upon which payment is to be made; only to change thereafter by Board approved substantial amendment and/or contract amendment,if needed. FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal impact. The funding source for these grant awards are the CDBG,HOME and ESG grants. CDBG projects are budgeted in the CDBG Grants Fund (121) 34505, 34510, 34515, 34520, 34525, 44500, 44505 and in the Housing Grants Fund(705) 33176, 33236, 33289, 33364, 33434, 33479. HOME project is budgeted in the CDBG Grants Fund (121) 34550, 34555, 34570, 44550, 44555 and in the Housing Grants Fund (705) 33089, 33177, the HOME program requires a 25% match or $46,250 and has been passed onto the sub- recipient as a condition of award. ESG project is budgeted in Housing Grant (705) 33481, the ESG program requires a 100% match or $110,641 and has been passed onto the sub-recipient as a condition of award. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: Approval of these agreements will assist the County in furthering the Goals, Objectives,and Policies of the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign the thirteen sub-recipient agreements associated with the FY 2016-2017 HUD Annual Action Plan, for the CDBG,HOME,and ESG programs. Prepared By: Cormac Giblin, Senior Grant and Housing Coordinator;Community and Human Services ATTACHMENT(S) 1.Bayshore CRA Karen Drive CDBG 2016-17 Subrecipient Agreement (PDF) 2.Bayshore CRA fire suppression CDBG 2016-17 Subrecipient Agreement (PDF) 3.Habitat for Humanity CDBG FY2016-2017 Faith Landing Agreement (PDF) 4.Immokalee CRA Sidewalk and Streetscape FY2016-17 Agreement (PDF) 5.Rock Island HOME 2016-17 Subrecipient Agreement (PDF) 6. Shelter for Abused Women ESG 2016-17 Subrecipient Agreement (PDF) 7.United Cerebral Palsy CDBG FY2016 Agreement (PDF) 8. Shelter for Abused Women&Children CDBG FY2016-17 Agreement (PDF) 9.Corrected FY2016 BGCCC Immokalee Final Agreement(PDF) Packet Pg 1033 16.D,6 �n 10/11/2016 10. Corrected City of Naples Sidewalks CDBG 2016-2017(2) (PDF) 11. Corrected 2016 Oak Marsh,LLC Final Agreement (PDF) 12. Corrected FY2016 CAC FINAL STAMPED AGREEMENT (PDF) 13. Corrected2 Cathlolic Charities Renovations 2016-2017 CDBG (PDF) Ili � II Packet Pg. 1034;' 16.D.6 10/11/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6 Item Summary: Recommendation to approve thirteen sub-recipient agreements for projects previously approved in the FY 2016-17 Action Plan for the Community Development Block Grant, HOME,and Emergency Solutions Grant Programs. Meeting Date: 10/11/2016 Prepared by: Title:—Community&Human Services Name: Cormac Giblin 09/13/2016 1:27 PM Submitted by: Title: Division Director-Cmnty&Human Svc—Public Services Department Name: Kimberley Grant 09/13/2016 1:27 PM Approved By: Review: Public Services Department Kimberley Grant Level 1 Sim.Reviewer 1-8 Completed 09/13/2016 5:41 PM Community&Human Services Maggie Lopez Level 1 Add Division Reviewer Completed 09/19/2016 7:46 AM Community&Human Services Kristi Sonntag Level 1 Add Division Reviewer Completed 09/26/2016 10:32 AM Public Services Department Amanda O.Townsend Level 1 Sim.Reviewer 1-8 Completed 09/27/2016 9:18 AM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 09/27/2016 4:11 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/27/2016 4:58 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/28/2016 4:05 PM Grants Erica Robinson Level 2 Grants Review Completed 09/30/2016 7:42 AM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/30/2016 9:00 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/30/2016 9:38 AM Grants Therese Stanley Additional Reviewer Completed 09/30/2016 1:07 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 11:13 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM I Packet Pg, 1035 QAH Jo leAoiddV : Z861) 1uewaea6y lue!dpeigng 16-9602 0800 an!JQ uaae)4 b'J0 a.ioysdeg :luew143e41V .x' co di FAIN# B- 16-UC-12-0016 as Federal Award Date Est. 10/2016 4 � Federal Award Agency HUDf. CFDA Name Community Development Block Grant i CFDA/CSFA# 14.218 ff Total Amount of 1 Federal Funds Awarded $350,000 Subrecipient Name Bayshore Gateway Triangle Community Redevelopment Agency DUNS# 076997790 FEIN 59-6000558 R&D No Indirect Cost Rate No Period of Performance 10/2016 { 10/2017 Fiscal Year End 9/30 Monitor End: 12/31/2023 Er 1 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(BAYSHORE) THIS AGREEMENT is made and entered into this _ day of 20 by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal I address at 3339 E Tamiami,Trail, Naples FL 34112, and "Collier County Community Redevelopment g Agency (CRA)" a community Redevelopment Agency approved by the Board of Collier County Commissioners, ("Subrecipient"), having its principal office at 3570 Bayshore Drive, Unit 102 Naples, Florida,34112, I WHEREAS, the County has entered into an agreement with the United States Department of f Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended);and r WHEREAS,the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan — One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Program with Resolution 2016-147 on June 28,2016 Agenda Item 11E;and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan ir concerning the preparation of various Annual Action Plans, the County advertised a substantial a Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 1 I 011 anH penoaddd : Z866) 4uewaea6y 4uaidI3eignS 16-9402 98oa anus uaae)4 yaa eiOgsi(e8 :;uewgoefy amendment on May 20,2016 with a 30 day Citizen Comment period from date May 20,2016 to date June 20,2016; and II WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program,and WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG Bayshore Gateway Triangle CRA Karen Drive area Stormwater Improvement project;and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF WORK The Subrecipient shall,in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services(CHS)Division,perform the tasks necessary to conduct the program as follows: �-- Karen Drive area Stormwater Improvement project t. Description of project and outcome: CHS,as an administrator of the CDBG program,will make available CDBG funds up to the gross amount of$350,000 for the construction and associated activities related to the alleviation of flooding on Karen Drive and the surrounding adjacent affected areas. Activities include but are not limited to the construction of swales,culverts,driveway reconstruction,catch basins,permits, construction engineering inspections,site restoration and any contingencies. The property will be deed restricted for five(5)years commencing on the date of initially meeting one of the National Objectives in accordance with 24 CFR 570.505. (//Applicable) 1.1 SPECIAL GRANT CONDITIONS A. Within thirty(30)calendar days of the execution of this agreement,the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty(30)days of award of this agreement: ❑ Affirmative Fair Housing Policy Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 2 ni, 4(1H�o �enoaddy : Z966) ;ueweei6y luaidpaignS LI.-91.0Z 9800 eAlia uare�{ yJ3 eiogsi(e8 :;uauryoelly o;!, c co r , O. Z ►/ Affirmative Action/Equal Opportunity Policy - /1 Conflict of Interest Policy o_ 1 F2 Procurement Policy ❑ Unifoun Relocation Act Policy Sexual Harassment Policy lE Procedure for meeting the requirements set forth in Section 3 of the Housing and i Urban Development Act of 1968,as amended(12U.S.C. 7941 u) I ./ Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. 794) b // Fraud Policy C. Environmental Review Requirement(ERR)-No program costs can be incurred until an environmental review of the proposed project is completed, and approved by HUD. Further,the Subrecipient will not undertake any activity or commit any funds prior to the HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. c Violation of this provision will result in the denial of any reimbursement of funds under r i this Agreement. a 1.2 PROJECT DETAILS J A. Project Description/Project Budget il Description Federal Amount Project Component 1: $350,000 Construction and related activities including but are not limited to the € construction of Swales,culverts,driveway reconstruction,catch basins, permits,construction engineering inspections,site restoration and contingencies, i l Total Federal Funds: $350,000 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the County as requested beneficiary income certification 3 documentation El Maintain National Objective Documentation Ir/ Provide Quarterly reports on National Objectives and project progress lEj Required attendance by a representative from executive management at quarterly partnership meetings,as requested by CHS. I Identify Lead Project Manager „.....J Z Provide Site Design and Specifications // Comply with Davis Bacon Labor Standards Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 3 i : af1H Jo lenoJddy: 2866) ivawaei6y ualdpeagng 16-9602 oaao an!Ja uaae}i yal3 aaogsAeg :;uaui oe a" ►1 Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with.Uniform Relocation Act.(URA),if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible E Ensure the applicable affordability period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and I beneficiaries meet the definition of: • LMA-Low/Mod Area Benefit ❑ LMC—Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51% of the residents are LMI persons which by HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51% of persons served, are low to moderate income households, in order to meet a CDBG National Objective. Failure to achieve the national �., objective under this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which. upon completion will be occupied by LMI households. Structures with three or more units must have at least 51% occupied by LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ:Must document job creation and retention LMI benefit national objective addresses activities designed to create or retain permanent jobs,at least 51% of which(computed on a full- time equivalent basis)will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within thirty(30)days of (Section 1.1) agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty(30)days of renewal Detailed project Schedule Project Schedule Within thirty(30)days of agreement execution Project Plans and Specifications Site Plans and Specifications Prior to Construction Start Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 4 anH}o ienoaddy : Z861,) 1uewaea6y luaidioaagnS 11,-9602 JBa0 eAlia ueieyl ya3 aaogsAe>3 :luewLloeuy ,o� co , a e Submission of Progress Report Exhibit C Quarterly reports.Annually after closeout. Financial and Compliance Audit Exhibit E Annually 9 months after FY end until 2023 Continued Use Certification Continued Use Affidavit, if Annually until 2023 I' applicable Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve of rehabilitation and annually thereafter until 2023 Program Income Reuse Plan Plan Approved by the County Annually thereafter-Not Applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: • Submission of supporting • Submission of Construction and related activities documents must be provided as monthly including but are not limited to backup as evidenced by,banking invoices the construction of Swales, documents,completed AIA G702- culverts,driveway reconstruction, 1992 form or equivalent document catch basins,permits, per contractor's Schedule of construction engineering Values and any additional inspections site restoration and documents as needed. contingencies. • Invoices for construction inspections services with payment amount reflected in Exhibit"B". • Submit request • 10%retainage will be withheld after final close with each request for payment and out monitoring will be released upon completion clearance of activities and final close out monitoring 10% retainage held, will be released upon documentation that at least 51% of persons served are low to moderate income households, in order to meet a CDBG National Objective. Failure on behalf of the subrecipient in achieving the National Objective under this agreement willrequire repayment of the CDBG investment under this agreement and aforementioned construction agreement. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start effective the date of the execution of this agreement and shall end on or before October 31,2017. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Three Hundred Fifty Thousand Dollars($350,000.00) Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 5 anH lenoaddv : Z961) ;uaweei6y lualdpaagnS 16-9602 0803 emia uaaeyl ym3 eioysi(e8 :;uauayoe;;v CO Cu For the use by the SUBRECIPIENT during the term of the agreement (hereinafter, shall be a referred to as the"Funds"). Modification to the `Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10%of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be made with Board approval. The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of 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 E 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 after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. No payment will be made until approved by CHS 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 Subrecipient are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1,5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically ti Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page6 f' anH 10 lenoaddv : Z8u) iueweei6v 4ueldpeagns L6-960Z 09a0 anlaa uaJeyl 'o aaoysAeg :;ueutyoefv cc to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide adequate documentation for validating costs incurred.Payments to Subrecipient's contractors and a'') vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles.A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier,personal delivery, or sent by facsimile or other electronic means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien,Grant Coordinator 3339 E Tamiami Trail,Suite 211 Naples,Florida 34112 Email: lisaoien@colliergov.net ` Telephone: (239)252-6141 BAYSHORE CRA ATTENTION:Elly Mckuen,Project Manager 3570 Bayshore Drive Unit 102 Naples,Florida 34122 Email:ellymckuen@colliergov.net Telephone:(239)252-5890 Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 7 , af1H to lenoaddy : z866) lueweei6y lualdpaignS ioz 98a3 an4.1a uaae}I yea aaoysAeg :luewyoelly ;n o° CD a PART II GRANT CONTROL Q-"` i REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer,or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The Subrecipient shall maintain sufficient records in accordance with 24 CFR 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. h' I C. All reports, plans, surveys,information, documents, maps, books,records and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the purpose of this agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS.Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 8 1 anH}o lenoaddy: Z86t) ;uauaaaa6y;ueidpaignS Lt.-960Z o9ao eAPa uaae) yaa eaogsAeg :;Uempe;}y , � r -0 materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this agreement. D. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents andrecords in an orderly fashion in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this agreement of the address where the records are to be kept as outlined in 2 CFR 200.336. 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.The SUBRECIPIENT agrees that CHS 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 570.208, income certification, and written agreements with beneficiaries,where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide,the records and at a cost that does notexceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540. Karen Drive Stormwater Improvements Project Page 9 anH Io ienoaddd: Z866) luewoei6y luaidpaNnS L1.-91.0Z 9930 eMia ueieyl veto eiogsAeg :;uawynei;v coy' o r,. a. exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. } 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report(Exhibit E) to the COUNTY no later nine(9)months after the Single Audit(or one hundred eighty(180)days for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,waste, abuse,or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. 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 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. � � I Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 10 arm Io lenoaddd : Z864) iuewaaaBy tuaidioaagng L4-9 40Z oeao an!Ja uaae}t bbd eioyslte8 :wawyoelId cc tt Tw �. d� 4 SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent waste,fraud and abuse. ') SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority,if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this 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,Community and Human Services(CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS 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 Division,the Division may require a portion of the awarded grant amount be returned to the Division. • The County may require upwards of five percent (5%)of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity may be considered in violation of Resolution No.2013-228 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and hasbeen informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,be returned to the Division. Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#S40 Karen Drive Stormwater Improvements Project Page 11 anH lenoaddv : Z861.) luewae6v luaidoanS L -960Z JBo�env uaae� b2I�ao 4sde 8 :luauayoelly , • The Division may require upwards of ten percent(10%)of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. * The entity will be considered in violation of Resolution No.2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division 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.This includes the amount invested by the County for the initial acquisition of the properties or other activities. • The entity will be considered in violation of Resolution No.2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non- compliant, r. the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this agreement, and on the resolution of monitoring findings identified pursuant to this agreement as deemed necessary by the County Manager or designee. During the term,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January,April,July and October respectively for the prior quarter period end. As part of the report submitted in October,the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to,performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C". Exhibit"C"contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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 Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 12 anH}o ienoaddd : Z966) 1ueweei6d;ueidioaagnS L6-910Z 0800 anla0 uaae>i vi NiN3 eioysAe8 :;uawyoe;;y co. PART III TERMS AND CONDITIONS a ) i 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 ii 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 and (3) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable 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 1111 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. Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 13 anti Io lenoaddd Z966) Iueweei6d;uaidioeJgnS I.OZ 9843 anis® ua.reN V I3 aaoysAe8 :;uauryoe;;ry o�Y' The COUNTY may, in its discretion, amend this agreement to conform with Federal, state or u local governmental guidelines, policies and available funding amounts, or for other reasons. If a' such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement,such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 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 for 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 there-on.This Indemnification shall survive the termination and/or expiration of this agreement. This section does not pertain to any incident arising from the sole negligence of 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. I ' 3.7 GRANTEE RECOGNITION/SPONSORSHIPS Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 14 anH Io ienoaddy: Z866) lueweei6v lue dpeagnS L98I9 anpaa uaaeyl yj3 aaoysAe8 :}uauayoe��v :14 En a 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 IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT.This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION . In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the 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 offends 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 Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 15 cti af1H}o lenoaddd : 2866) ;uewaaa6y iueidioaagnS LL-91.0Z 9803 aniap uaae>j Y83 eioysAe8 :;ueuryoe;;b it, 0_ r G. Failure to materially comply with the terms of any other agreement between the Countyas and the SUBRECIP1ENT 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 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 and in addition to any and all other remedies available to the COUNTY (whether under this agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right(nor excuse SUBRECIPIENT's obligation)to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried,at all times during its performance. Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 16. 1 afH to lenoaddy : Z964) 1ueweei6y ueIdIoaagn8 L4-940Z pimp eApa uaae) 111:13 aaoysice8 :;uauayoe;;y N- 41? o I fit . 3.11 ADMINISTRATIVE REQUIREMENTS a 1 The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work(Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Community Development Block Grants(24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through .326)and Collier County's purchasing thresholds. Range: Competition Required $0-$3,000 1 Written Quote I' $3,000-$10,000 3 Written Quotes $10,000-$50,000 3 Written Quotes $50,000+ Bids,Proposals,Contracts(ITB,RFP,etc) 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 contracts for improvements with the lowest,responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event there is Program Income derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the Community Development Grant Program. Any `Program Income (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan,utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. In the event there is a program income balance at the end of the Program Year,such balance shall revert to the COUNTY's Community Block Grant Program,for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The Subrecipient may close out the project with the County after the year Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 17 anH dd }o leAcuy : Z$61,) ;ueweei6v;ue dpeJgns LI-91.0Z 08G0 enl.�a uaae)l ya3 aio s�(e u 8 :;uaua4oe31y p4; affordability period has been met, if applicable. 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 Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal 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. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES 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. Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 18 s� I af1H 10 ienoaddd : Z866) luewaaa6b lueidioeigns LI.-940Z 9809°Alia uaaeN +ora eaogsi(e8 :luewLpell`d r 0 3.17 PROGRAM BENEFICIARIES a At least fifty-one percent(51%) of the beneficiaries of a project funded through this agreement must be low- and moderate- income persons or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. 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"C"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 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 must be 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 2 CFR 200.318, 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 CHS provided, however, that this paragraph shallbe 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 enteringinto 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 Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 19 ®f1H to lenoaddry : 2866} ;ueweei6y;uaidioaagnS 16-9402 JBao an!Ja uaae) y��aaogsAe8 :;uewg3e;;�y to ar, using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or a. its employees shall be disclosed in writing to CHS 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. 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 INCIDENT REPORTING If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation. of a child,aged person, or disabled adult to the County. Bayshore Gateway Triangle Community Redevelopment,Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project, Page 20 anH}o ienoaddy:z266) ;ueweei6y;uaidioaigns 16-9602 JBao anpa uaae}1 v113 aaoysAe8 :;uewyoe;;d t to. irA t 3.22 SEVERABILITY `° � I 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. A Bayshore Gateway Triangle Community Redevelopment Agency CD 16-0031DIS#540 Karen Drive Stormwater Improvements Project Page 21 anH lenoaddV : Z866) Iueweei6y 4ueIdioaagnS 16-9602 9803 anus uaie> y1:10 eJoysAag :luauagoellbrLis r: PART IV a t 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 42 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-binitext-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr58: main 02.tp1 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.cornelLedu/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/grog 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-vo13/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086-which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/3 5th/thelaw/eo-11246.html BO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements i-. Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS #540. Karen DriveStormwater Improvements Project Page 22 anH}o lenoaddy : Z866) 4ueweeiey;ualdpeagng LI-91,0Z Deco anlaa ua.ie) yua a.iogsAee :�uauayoe�}y ato t 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 1 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 provideeconomic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded projectis 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 Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 23 af1H do lenoaddV � 2866) ;ueweei6�y;ualdpaagnS 16-9602 JBao an!Ja uaae}I vtio eaogsAe8 :;uewgoe;;`d C) CD 44. The SUB RECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfi,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_aet.htm 11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing&equal_o pp/FHLaws/EXO 11063 11246:http://www.eeoc.govieeoc/history/35thithelaw/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.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://wwvv.law.comell.edu/cfr/text/29/part- 5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects.http://www.presidency.nesb.edu/ws/index:php?pid=23675 Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 24 of1H}o lenoaddV : Z961.) ;ueweei6y;ueldloaagng LI-960Z 08aa ani.ia uaae}I Vaa eJoysAeg :luauayoeWW 0 a 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 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/fdsyslpkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- i 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 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit requirements for Grants and Agreements. 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.govieeoc/history/35th/thelaw/irca.html 4.21 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://wwwlawserver.com/law/state/florida/statutes/florida statutes chapter_112_partiii Collier County http://bccspQ 1/SiteDirectoiy/ASD/HR/labor/CMAs/Shared%o2ODocuments/CMA%205311.1% 20Standards%020o1%20Conduct.pdf 4.22 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 Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 25 anH;o lenoaddv : .861.) ;uauaaaa6v;ualdpaagnS 16-91.oz sea°anis ue.aem vzia aaogsitee :;uauayoe;;v 4.23 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). 4,24 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, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act,41 USC 7401,et seq.http://www.Iaw.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 4.26 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.ecfi..gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d 80827a48bced5bOb56&rgn=div8&view=text&node=2 4:3.1;1,3.4.11.1.6&idno=24 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. 1.1.3.4.11.1.9&idno=24 Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements:Project Page 26 01. a(1H}o ,enoaddy : Z86I) luewaaiBy luaidioaagng LI-91.0Z J8G3 an4.Q ueae}l 10:13 a.iogsAee auauayoelld o's o} € ulh fv' 4.28 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/nhpal966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36136cfr800 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/histoxy/local- law/nhpal966.htm 4.29 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 4.30 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.l 1.l.10&idno=24 4.31 The SUBRECIP.IENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred,These requirements are enumerated in 2 CFR et seq. 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal year, The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements, to the COUNTY one hundred eighty (180) days after the end of the Subrecipients fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. Clarification of Eligible Audit Costs Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS'#540 Karen Drive Stormwater Improvements Project Page 27 o enoadd anH l� I d: Z861.) ;uawaaa6b►;ualdloaagn516-940Z 9903 anlaa uaae}I VUO aaoysAe8 :;uauayoe;;y 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 4.33 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 4.34 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:l/www.lawseiver.com/law/statelflorida/statutes/florida statutes 287-133 4.35 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 28 af1H do fenoaddd : 2966) lueweei6b lueidioaignS 16-9602 9903 enlia ua.ieN bba aaogsICeg :;uawyoentf "4" scr' co, o 4 rth CL 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 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 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/flarida/statutes/florida_statutes 119-021 4.40 Florida Statutes, 119.071,Contracts and Public Records http://wwwaegstate.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html (Signature Page to Follow) Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 29 ani-i Jo lenoaddb : Z866) lueweei6y lueidioaagnS LI-960Z 98a3 aAiaa uemi tf2Ja eloysAe8 :luewgoe;;b , G s IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: ,Deputy Clerk DONNA FIALA,CHAIRMAN Date: COLLIER COUNTY COMMUNITY Dated: REDEVELOPMENT AGENCY(BAYSHORE) (SEAL) By: Tim Nance,Chairman Date: Approved as to form and legality: Jennifer A.Belpedio \\ Assistant County Attorney '► Date: it Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 30 R' QnH lenoaddv : Z864) 1uauaaei6y lueIdI3eignS 14-940Z own aniia ueiem NAM wogsAe8 :luetugoeUytoei �' th a tl ns PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division, 3339 E. Tanriami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project, Page 31 af1H;o lenorddd : Z96L) ;ueweei6y;uaidpeigng LI.-910Z oea°anHa ueieN yja wogsAe8 :;uauayoe;;ry Gt 5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one o. 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) 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.LM.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 Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 32 af1H Io Jencuddv : Z966) 4ueweei6y ueIdu3eigns 149602 0900 GApa uaaeN y110 aaoysAe9 :;uawyoeuv co (, r- 4.11 EXHIBIT B co COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION I:REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address Project Name: Project No: Payment Request# Total Payment Minus Retainage Period of Availability: through . Period for which the Agency has incurred the indebtedness through SECTION II:STATUS OF FUNDS Grant Amount Awarded $ Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum of Past Claims paid on this Account $ Amount of Previous Unpaid Requests $ Amount of Today's Request $ 10%Retainage Amount Withheld $ Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required$15,000 and above) Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Storuiwater Improvements Project Page 33 17tH io leAoJddbr : Z861.) ;uewoei6y;ueldI3eJgng L6-9IOZ 9903 aAIJo uaJa}I vuO aaoysAes :;uewyoe;;b es EXHIBIT C ii`' QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The County reports information on a quarterly basis.To facilitate in the preparation of such reports, Subrecipient shall submit the information contained herein within ten(10)days of the end of each calendar quarter. QUARTERLY PROGRESS REPORT Sub-recipients:Please fill in the following shaded areas of the report Agency Name: Bayshore Gateway Triangle Community Redevelopment Agency Date: [ I Project Title: Karen Drive Stormwater Improvement Project Alternate Program Contact: Elly McKuen,Project Manager Contact: aephone Number: (239)239-252-5890 Activity Reporting Period Report Due Date October 161-December 31st January 1014 January 315t—March 31St April 10°i April 1st—June 3e July 10'" July 15'-September 30th October 10th Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. Please list the outcome'goai(s)front your approved application$;sub-recipient agreement and Indicate your progress In meeting, 1. those goals Slime tl;e beginning of the agreement A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. Outcome 1: Completion of construction and related activities including but are not limited to the reconstruction,catch basins,permits,construction engineering construction of Swales,culverts,driveway inspections and site restoration. Outcome 2:Project complete and National Objective achieved and documented: LMA Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 34 t]t1H lenoaddd: 2860 luaweei6v;ueldloaigng 14-9602 9803 aniaa u0.1eN bbd eioysAe8 :;uaLuyoel4tf co err I • a ) B.Goal Progress:Indicate the progress to date in'meeting each outcome goal. Is,this project still In compliance with the prighist project schedule?if more than 2 months'behind schedule, 2. mustsubinita;newtimeline.forapproval. 0 0 3 Yes No If no,explain: 3. Since October 1,2016,of the persons assisted,how many.... a. ...now have new access(continuing)to this service or benefit? b. ...now has improved access to this service or benefit? b. ...now has improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 Pg � • 4. yVhat f6ndtn4`saurce0re aptilied forthis period i progr4nl y r Other Consolidated Plan Funds CDBG Other Federal Funds ESG • State!Local Funds HOME Total Entitlement Total Other Funds $ 0.00 Funds $ 0.00 Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 35 R '. af1H}o teno.iddy : Z86I) ;uauaaea6y lueldloaignS Lb-960Z Jaaa anlia uaae>J tlj3 aaogst(e8 :}uaua4oe14y Q G r rt- r 5. What le the total number of UNDUPLICATED clients served this quarter,if applicable? 0- a. Total No.of adult females served: 0 Total No.of females served under 18: 0 ; b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: Total No.of female head of household: 0 6. What is the total'number of UNDUPLICATED clients served since October,if applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 0 0 TOTAL: TOTAL: c. Total No.of families served: 0 Total No.of female head of household: 0 Complete EITHER question#7 OR#8. Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 If any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8 7. PRESUMED BENEFICIARY DATA: 8 OTHER BENEFICIARY DATA:INCOME RANGE Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category since October 1 who fall into each Income category(the total (the total should equal the total in question t/S) should equal the total in question 116) REPORT AS: REPORT AS: O Abused Children Homeless 0 Extremely low Income(0-30%) O Person Battered 0 Low Income(31-50%) O Battered Spouses 0 Moderate income(51-80%) 0 Personsw/HIVIAIDS 0 Above Moderate Income( 80%) 0 Elderly Persons O Veterans O Chronically/Mentally 111 O Physically Disabled Adults 0' Other-Youth TOTAL: q TOTAL: 0 \, Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 36 Jo eno.idd ueweaa6 uaidIoaa nanis uaae a.�o sAe uaw oe;;d af1H I i d � Z86�) t d 1 Q 5 Lb-940Z 0903 D N ro21� � 8 .; 4 I amu ; EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form,and retain appropriate supporting documentation,to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets:All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total.Income from Assets B(b) 0.00 If line B(a) is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) Bayshore Gateway Triangle Community Redevelopment Agency CD.16-003 IDIS#540 Karen Drive Storrnwater Improvements Project Page 37 11_ 411H Io �enoaddy : Z86I) 3uewaea6y;ue!diaa.ignS LI.-9LOZ 9803 GAlad uaae}i y1:13wogs/Wig :;uauayoe;fib � � n aa) C. Anticipated Annual Income:Includes Unearned Income and Support Paid on a; Behalfof Minors `r. Member Wages I Benefits/ Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses,and overtime) (Enter the 1 greater of 2 box B(b)or box B(c), 3 above,in j 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of peumy. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the, first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083. Signature of Head of Household Datet Signature of Spouse or Co-Head of Household Date Adult Household Member(if applicable) Date ,^k, Adult Household Member(if applicable) Date Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540. Karen Drive Stormwater Improvements Project Page 38 Of1H}o lenoJddy : Z861.) 1ueweei6y IueIdioa.ignS L4-9142 0803 GAIJO uaae) yje eJoysde8 :;uauayoe;;y E. CDBG Grantee Statement: Based on the representations herein, the family or 0- individual(s) individuals) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: 0 Very-Low Income(VII)Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Moderate Income(MOD)Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing.and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County,Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age Native American Hawaiian or Other 0— 26— 41— 62+ Indian Asian Black Other,Pac. White 25 40 61 Islander Hispanic Non- Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only.No beneficiary is required to give such information he or she desires to do so, and'refusal to give such information will not affect any right he or she has to the CDBG program Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 39 onH}o ienoaddy : Z86l) 4uauaaea6y;ue dpaigng L4-91,,OZ 9E103 aniaa Ue e)i v113 aaoysAe8 :;uauayoe;;y a' 6 CC C EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements: Accordingly, Collier County requires that all' { appropriate documentation is provided regarding your organizations compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of.Federal,awards based on when the activity related to the federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by OMB Circular A-133, for fiscal'vears beginning before December 26,"2014, and established by 2 CFR Part 200, Subpart F —Audit Requirements, for fiscal years beginning on or after December 26, 2014. This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements. Subrecipient Bayshore Gateway Triangle Community Redevelopment Agency Name First Date of Fiscal Year(11/1M/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ �-� Check A. or B. Check C if applicable A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been ❑ met and a Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B.We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit reports.While we understand that the audit report contains a written response to the finding(s),we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Bayshore Gateway Triangle Community Redevelopment Agency CD 16-003 IDIS#540 Karen Drive Stormwater Improvements Project Page 40 416061b,, FAIN# B- 16-UC-12-0016 Federal Award Date Est. 10/2016 = T. Federal Award Agency HUD 0 CFDA Name Community Development d Block Grant •Q U CPDA/CSFA# 14.218 Total Amount of I: Federal Funds Awarded $330,000 in Subrecipient Name Bayshore Gateway o m Triangle Community x Redevelopment Agency o DUNS# 076997790 ra FEIN . 59-6000558 2 o. R&D No a Indirect Cost Rate No Period of Performance 10/2016- c 10/2017 Fiscal Year End 9/30 Monitor End: 12/31/2023 e a> 0 L AGREEMENT BETWEEN COLLIER COUNTY a c AND2 •Q COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(BAYSHORE) 5 IS m THIS AGREEMENT is made and entered into this _ day of 20_, by and between Collier (1) County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamismi Trail, Naples FL 34112, and "Collier County Community Redevelopment c Agency (CRA)" a community Redevelopment Agency approved by the Board of Collier County w C7 Commissioners, ("Subrecipient"), having its principal office at 3570 Bayshore Drive,Unit 102 Naples, m Florida,34112. v 0 v, WHEREAS, the County has entered into an agreement with the United States Department of d ,- Housing Housing and Urban Development (HUD) for a grant for the execution and implementation of a a Community Development Block Grant Program in certain areas of Collier County,pursuant to Title I ofN the Housing and Community Development Act of 1974(as amended);and L w WHEREAS,the Board of County Commissioners of Collier County approved the Collier County o Consolidated Plan— One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Program 0 with Resolution 2016-147 on June 28,2016—Agenda Item 11E;and N a ccm WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial s c,) ca w Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project orrp 1 Packet Pg.. 1076' 16.D6b:�. rte, amendment on May 20,2016 with a 30 day Citizen Comment period from date May 20,2016 to date June 20,2016;and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG • program;and WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of in each in the undertaking the CDBG Bayshore Gateway Triangle CRA Fire Suppression Infrastructure project;and NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by re the Parties as follows: 0 0. PART I SCOPE OF WORK co • The Subrecipient shall,in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services(CHS)Division,perform the tasks necessary to conduct the program as follows: Fire Suppression Infrastructure project c Description of project and outcome: � I • CHS,as an administrator of the CDBG program,will make available CDBG funds up to the gross ti amount of$330,000 to the Bayshore Gateway Triangle CRA to upgrade existing fire control ccs • infrastructure within the Bayshore Gateway Triangle CRA areas The project includes but not limited to the construction and related activities to upgrade water mains and install or upgrade the 0 fire hydrants,associated appurtenances,required permitting,construction inspection services and any contingencies needed to complete the Fire Suppression Infrastructure project. The property will be deed restricted for five(S)years commencing on the date of initially meeting one of the National Objectives in accordance with 24 C 1'R 570.505. Q. O. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty(30)calendar days of the execution of this agreement, y the Subrecipient must 06. deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing ;m, body within thirty(30)days of award of this agreement: • a� . Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 , Fire Suppression Infrastructure Project Q Page 2 • Packet Pg. 1077 0 Affirmative Fair Housing Policy E ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy = ® Procurement •Policy �• � i ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy 11 ® Procedure for meeting the requirements set forth in Section 3 of the Housing and cn Urban Development Act of 1968,as amended(12U.S.C.794 I u) ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.794) e Fraud Policy c L tl C. Environmental Review Requirement(ERR)-No program costs can be incurred until an Q $ environmental review of the proposed project is completed, and approved by HUD. N Further,the Subrecipient will not undertake any activity or commit any funds prior to the CO BUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter, Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. a) 1.2 PROJECT DETAILS A. Project Description/Project Budget . Description Federal Amount • Project Component I: $330,000 co Construction and related activities to install and or upgrade fire hydrants, upgrade water mains,associated appurtenances,required permitting, co construction inspection services and any contingencies needed to complete the N Fire Suppression Infrastructure project. 0 U Total Federal Funds: $330,000 a N The Subreeipient will accomplish the following checked project tasks: o. 0 Pay all closing costs related to property conveyance 0 Maintain and provide to the County as requested beneficiary income certification ;,_ documentation ® Maintain National Objective Documentation ii Provide Quarterly reports on National Objectives and project progress ® Required attendance by a representative from executive management at quarterly N partnership meetings,as requested by CHS. >, ca m Identify Lead Project Manager El Provide Site Design and Specifications E Bayshore Gateway Triangle Community Redevelopment Agency a CD 16.0051DIS#543 Fire Suppression Infrastructure Project Page 3 Packet Pg. 1078 1 16.D.6.b ' 1 n ® Comply with Davis Bacon Labor Standards ® Provide certified payroll weekly throughout construction and rehabilitation L ❑ Comply with Uniform Relocation Act(URA),if necessary 6 i ❑ Ensure applicable numbers of units are Section 504/ADA accessible 2// Ensure the applicable affordability period for the project is met c '� I Ix w B. National Objective .6 0 m 0 The CDBG program funds awarded to Collier County must benefit low-moderate income persons 0 LMT As such the Subrecipient shall be responsible for ensuringthat all activities and 1 ( ) p p 0 beneficiaries meet the definition of: �a 1 0 ® LMA--Low/Mod Area Benefit Q ❑ LMC—Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit rn ' ❑ LMJ—Low/Mod Job Benefit = 4 a> LMA: Must document where at least 51% of the residents are LMI persons which by m HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. a LMC: Must document that at least 51% of persons served, are low to moderate income m households, in order to meet a CDBG National Objective. Failure to achieve the national °• . u objective under this agreement will require repayment of the CDBG investment under this12) ifi agreement. c LA/11: Must document providing or improving permanent residential structures, which r-- upon upon completion will be occupied by LMT households. Structures with three or more units must 6 have at least 51% occupied by LMT households. Failure to achieve the national objective under N this agreement will require repayment of the CDBG investment under this agreement. m LMJ:Must document job creation and retention LMI benefit national objective addresses 0 activities designed to create or retain permanent jobs,at least 51% of which(computed on a full- c • time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the ▪y national objective under this agreement will require repayment of the CDBGinvestment under n. o. this agreement. C. Performance Deliverables L w Program Deliverable Deliverable Supporting Submission Schedule g 1 Documentation 0 Special Grant Condition Policies Policies as stated in this Within thirty(30)days of (Section 1.1) agreement agreement execution o, insurance Insurance Certificate Within 30 days of agreement m execution and Annually within c thirty(3 0)days of renewal e Detailed project Schedule Project Schedule Within thirty(30)days of 6 agreement execution w .---..,, Q Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Packet Pg.1079 �1fri 6{{b I1 w c Project Plans and Specifications Site Plans and Specifications Prior to Construction Start `L° Submission of Progress Report Exhibit C Quarterly reports.Annually after • closeout. d Financial and Compliance Audit Exhibit E Annually 9 months after FY endo. until 2023 tr Continued Use Certification Continued Use Affidavit,if. Annually until 2023 .6 applicable in Revenue Plan for maintenance ' Plan approved by the County Initial Plan due after completion ❑ and Capital Reserve of Construction and annually - _ thereafter until 2023 4- o Program Income Reuse Plan Plan Approved by the County Annually thereafter-Not ra Applicable > _ o L D. Payment Deliverables Q N Payment Deliverable Payment Supporting Documentation Submission Schedule o Project Component 1: • Submission of supporting • Submission of Construction and related activities documents must be provided as monthly E to install and or upgrade fire backup as evidenced by,banking invoices d hydrants,upgrade water mains, documents,completed AIA 0702- 0 associated appurtenances, 1992 form or equivalent document a, required permitting,construction per contractor's Schedule of Q inspection services and any Values and any additional = m contingencies needed to complete documents as needed. .Q,,---., the Fire Suppression • Invoices for construction o Infrastructure project inspections services with 2 payment amount reflected in �n' • Exhibit"B". r� • 10%retainage will be withheld • Submit request 6 with each request for payment and after final close c will be released upon completion out monitoring "r of activities and final close out clearance m monitoring ❑ U . c 10%retainageheld,will be releasedo upon documentation that at least 51%of persons served are low to 0 moderate income households, in order to meet a CDBG National Objective. Failure on behalf of the L subrecipient in achieving the National Objective under this agreement will require repayment of the a CDBG investment under this agreement and aforementioned construction agreement. N d L_ 1.3 PERIOD OF PERFORMANCE w • v Services of the Subrecipient shall start effective the date of the execution of this agreement and L shall end on or before October 31,2017, o N >, 1.4 AGREEMENT AMOUNT m Y do G Dayshore Gateway Triangle Community Redevelopment Agency o CD 16-005 IDIS#543 d,--\ Fire Suppression Infrastructure Project • Page 5 ..I Packet Pg. 1080 16.D.6.b The COUNTY agrees to make available Three Hundred Thirty Thousand Dollars($330,000.00 For the use by the SUBRECIPIENT during the term of the agreement (hereinafter, shall be referred to as the"Funds"). C� Modification to the `Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10%of the total funding amount and does not c signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be made with Board approval. rn r n j The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon o completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for 2 eligible costs, and all disbursements requests must be limited to the amount needed at the time o of the request. Invoices for work performed are required every month. •• SUBRECIPIENT may expend funds only for allowable costs resulting from obligations co 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. E '' Payments shall be made to the SUBRECIPIENT when requested as work progresses but,not d more frequently than once per month. Reimbursement will not occur if Subrecipient fails to ¢ k perform theminimumlevel of service required by this agreement. c.) Final invoices are due no later than 90 days after the end of the agreement. Work performed m during the term of the program but not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. r. t The County Manager or designee may extend the term of this agreement for a period of up to 180 N days after the end of the agreement.Extensions must be authorized in writing-by formal letter to 0 the Subrecipient and reported to the Board on a quarterly basis. o � No payment will be made until approved by CHS for grant compliance and adherence to any and N all applicable local, state or Federal requirements. Payment will be made upon receipt of a e. properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known a as the"Local Government Prompt Payment Act." 1.5. COST PRINCIPLES Payments to the Subrecipient are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section co (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project G Packet Pg.'1081 16DBb e £E to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide adequate documentation for validating costs incurred.Payments to Subrecipient's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in d compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart o. E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon theCC Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source N documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. c 1.6 NOTICES o. Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice co 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 m capacities indicated below,unless otherwise modified by subsequent written notice. d L a) i+ co COLLIER COUNTY ATTENTION:Lisa Oien,Grant Coordinator 3339 E Tamiami Trail,Suite 211 L Naples,Florida 34112 Email:lisaoien@colliergov.net Telephone: (239)252-6141 m BAYSHORE CRA ATTENTION:Elly Mckuen,Project Manager N 3570 Bayshore Drive Unit 102 m Naples,Florida 34122 Email:ellymckuen@colliergov.net Telephone:(239)252-5890 0 •N L U D. O ' RS lU t0 Q Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Packet Pg.1082 16 D6 b ; PART II GRANT CONTROL REQUIREMENTS • 2.1 AUDITS .� At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. .. Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer,or o Subrecipient within 30 days after receipt by the organization. Failure of the organization to Q comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual co agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. c E The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200,Subpart F-Audit Requirements. 18 2.2 RECORDS AND DOCUMENTATION The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to determine compliance with the requirements of this agreement,the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: co A. All records required by CDBG regulations. O - B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily y would be required by COUNTY in order to perform the service. a 0. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the y= purpose of this agreement shall be made available to .the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS.Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this agreement, including matching funds and Program Income.These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, s Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 8 Packet Pg.1083 -16D6b materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this agreement. 'L v 3 D. Upon completion of all work contemplated under this agreement copies of all documents 0,) and records relating to this agreement shall be surrendered to CHS if requested. In any •- event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit fmdings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this agreement a ; of the address where the records are to be kept as outlined in 2 CFR 200.336. 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. a� E. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon 4°—,,•.\ wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. rn Similarly,the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. N 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 v HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. N d Q. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 a 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 4= appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries,where applicable. 0 • 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 co 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 ( V Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 9 Packet Pg. 1084 16D6b exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report(Exhibit E)to the COUNTY no Iater nine(9)months after the Single Audit(or one hundred eighty(180)days for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. o The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary.At the COUNTY's discretion, o. o a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable rn CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site c visits may be scheduled or unscheduled as determined by CHS or HUD. ED. The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,waste,abuse, or non-performance based on goals and performance standards as stated with m all other applicable federal, state and local laws, regulations, and policies governing the funds 13- provided provided under this agreement further defined by 2 CFR 200.331. Substandard performance as F. determined by the COUNTY will constitute noncompliance with this agreement. If corrective co 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. co 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 m related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE . L a. SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily d available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. E v Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 1.0 'Packet Pg. 1085 16D6b `; SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect,investigate and prevent waste,fraud and abuse. R I r j SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any •- m appropriate law enforcement authority,if the report is made in good faith. N 2.5 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. a Q In order to effectively enforce Resolution No.2013-228,Community and Human Services (CHS) N has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers,or co any entity receiving grant funds from CHS. CBS's policy for escalation for non-compliance is as follows: _ E 1. Initial non-compliance may result in Findings or Concerns being issued to the a� entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. cnti • CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. N 2. If in the case an Entity fails to submit the corrective action plan in a timely v manner to the Division,the Division may require a portion of the awarded grant amount be returned to the Division. N 2.) • The County may require upwards of five percent(5%) of the award amount N be returned to the Division, at the discretion of the Board of County. L Commissioners. "' • The entity may be considered in violation of Resolution No.2013-228 E 0 N 3. If in the case an Entity continues to fail to correct the outstanding issue or repeatscts an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a I•avdt Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 11 Packet Pg"1086 16..D 6.b portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,be returned to the Division. *E" 'Ln • The Division may require upwards of ten percent(10%)of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. � I • The entity will be considered in violation of Resolution No.2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. 2 a a • The Division will make a recommendation to the Board of County N CO Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project " I that was terminated. This includes the amount invested by the County for the initial acquisition of the properties or other activities. • The entity will be consideredin violation of Resolution No.2013-228 a. d i If in the case the Entity has multiple agreements with the Division and is found to be non compliant,the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS cc Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this agreement, and on the resolution of monitoring findings identified pursuant to this agreement as deemed necessary by the County Manager or designee. During the term,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January,April,July and October respectively for the prior quarter period end.As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and a including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C".Exhibit"C"contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes; the need for additional information or N 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 0° default and termination of this agreement. � I ,-\ Bayshore Gateway Triangle Community Redevelopment Agency ¢ CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 12 Packet Pg. 1087 '16.D6.b PART III TERMS A.ND CONDITIONS 3.1 SUBCONTRACTS a a 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 o 76 The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal 2 Q. Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Q- Community Development Block Grants (CDBG)) including subpart K of these regulations, •• except that (1) the SUBRECIPIENT does not assume the recipient's environmental o er- 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 and (3) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS revenue generated is not considered program income. The CDBG program was funded through rn the Housing and Community Development Act of 1974. 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 a. available under this agreement to supplement rather than supplant funds otherwise available. z 3.3 INDEPENDENT CONTRACTOR cc Nothing contained in this agreement is intended to, or shall be construed in any manner, as N 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 c Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance,as the SUBRECIPIENT is an independent contractor. o. a 3.4 AMENDMENTS m 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 z body. Such amendments shall not invalidate this agreement,nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this agreement. Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 13 Packet Pg 1088, 16.D6b' 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 6 • such amendments result in a change in the funding, the scope of services, or schedule of the C7 activities to be undertaken as part of this agreement,such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. :EL 3.5 AVAILABILITY OF FUNDS .� 0 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 c i 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 necessaryto continue o I 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, rn that the funds are nolonger 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 E this agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this agreement. m 3.6 INDEMNIFICATION F..) 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, r- damages, losses, costs, and causes of action which may arise out of an act, omission, including, co but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the N 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, N abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments which may issue there-on.This Indemnification shall survive the termination and/or expiration of this agreement. This section does not pertain to any incident arising from the sole negligence of d Collier County. The foregoing indemnification shall not constitute a waiver of sovereignto immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. ac.: 3.7 GRANTEE RECOGNITION/SPONSORSIIIT'S Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 14 Packet Pg. 1089 16D6b�: „,tom The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, *, advertisements, descriptions of the sponsorships of the Program, research reports and similar i public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: m "FINANCED IN PART BY U.S. DEPARTMENT OF ROUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT.This design o concept is intended to disseminate key information regarding the development team as well as 76 Equal Housing Opportunity to the general public. Construction signs shall comply with 2 a applicable COUNTY codes. Q 3.8 DEFAULTS,REMEDIES,AND TERMINATION rn In accordance with 2 CFR 200.339, 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 r that the remaining portion of the award will not accomplish the purpose for which the award was m made,the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this rn 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 m may become applicable at any time; v B. Failure,for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner y its obligations under this agreement; 3 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. 0 E. Submission by the SUBRECIPIENT of any false certification; co F. Failure to materially comply with any terms of this agreement; and d ctS Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 15 Packet Pg.-1090 ', X16D,6.b G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. 0 In the event of any default by SUBRECIPIENT under this agreement, the County may seek any m combination of one or more of the following remedies: :E. A. Require specific performance of the agreement,in whole or in part; -� f G 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; 2 a D. Apply sanctions if determined by the County to be applicable; CO 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 d 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. a Et'. L 3.9 REVERSION OF ASSETS ti r � In the event of a termination of this agreement and in addition to any and all other remedies coo j available to the COUNTY (whether under this agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable-attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). ea N The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right(nor excuse SUBRECIPIENT's obligation)to recoup all or any portion of the funds or property,as the COUNTY may deem necessary.Regulations regarding real property are L subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE to SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried,at all times during its performance. E cs Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 16 Packet,Pg. 1091° 16.D`6.b 3.11 ADMINISTRATIVE REQUIREMENTS .. C The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work(Part I), the Uniform Administrative Requirements, Cost Principles and a. Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Community Development Block Grants(24 CFR 570 et seq.). tY 3.12 PURCHASING � I SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through .326)and Collier County's purchasing thresholds. o a Range: Competition Required a a $0-$3,000 1 Written Quote $3,000-$10,000 3 Written Quotes c • $10,000-$50,000 3 Written Quotes $50,000+ Bids,Proposals,Contracts(ITB,RFP,etc) w E 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 contracts for c improvements with the lowest, responsible and qualified bidder. Contract administration shall be a handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. ti 3.13 PROGRAM GENERATED INCOME N 0 No Program Income is anticipated. In the event there is Program Income derived from the use of o CDBG funds disbursed under this agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the Community Development Grant Program. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity s- of of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through ano. annual program income re-use plan,utilized by the SUBRECIPIENT accordingly, and shall be in e'n compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. In the ; event there is a program income balance at the end of the Program Year,such balance shall revert to the COUNTY's Community Block Grant Program,for further reallocation. U O 3.14 GRANT CLOSEOUT PROCEDURES c, CO SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The Subrecipient may close out the project with the County after the year Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 17 Packet Pg.1092 16'.D.6.bp If affordability period has been met, if applicable. 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 CD the COUNTY), and determining the custodianship of records.In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that 3 the record must be held for the longer duration. Any balance of unobligated funds which have o 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 c be refunded to the COUNTY SUBRECIPIENT shall alsoproduce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in ° accordance with 2 CFR 200.343. o 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE co v i 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 co receipt of evidence of such discrimination, the COUNTY shall have the tight to terminate this agreement. d71. To the greatest extent feasible, lower-income residents of the project areas shall be given a 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. CC.i C7 m 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS o U ENTERPRISES U, en The SUBRECIPIENT will use its best efforts to afford small businesses, minority businesso. 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 CO business enterprises in lieu of an independent investigation. U Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 18 • I Packet Pg. 1093 16;D 6`b 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 or presumed to be low to moderate income persons m based on applicable regulation, if the agreement is meeting a national objective through a LMI — strategy. 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 N o fi participating in the County's Urban County Qualification Program. The project shall assist = 1 beneficiaries as defined above for the time period designated in Exhibit"C"of this agreement. c 1 3.18 AFFIRMATIVE ACTION c The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's N specifications an Affirmative Action Program in keeping with the principles as provided in co 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 must be submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST Q'„...1\ a) 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 N interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT m covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest”, and 2 CFR 200.318, 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 N employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be a interpreted in such a manner so as not to unreasonably impede the statutory requirement that o maximum opportunity be provided for employment of and participation of low and moderate- i 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 °a 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 Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 19 Packet Pg.;,1094`, 16.©6.bM using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided,however,that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that 0 maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. E • ar 3.20 RELIGIOUS ORGANIZATIONS cn 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 o SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: 0 1 A. It will not discriminate against any employee or applicant for employment on the basis of Q religion and will not limit employment or give preference in employment to persons on •• the basis of religion. c 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 d religion. ° a C. It will retain its independence from Federal, State and local governments and may �-� continue to carry out its mission, including the defmition, practice and expression of its .Q religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities,such as worship,religious instruction or proselytizing. r D. The funds shall not be used for the acquisition,construction or rehabilitation of structures a!) 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 o applicable to CDBG funds in this part. Sanctuaries,chapels, or other rooms that a CDBG 'N funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3 N 3.21 INCIDENT REPORTING Q If services to clients are tO be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child,aged person,or disabled adult to the County. m c �..� Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 20 ‘- ,Packet Pg.1095 ,x'16'D 6 b i7 3.22 SEVERABILITY E. Should any provision of the agreement be determined to be unenforceable or invalid, such a 0 determination shall not affect the validity or enforceability of any other section or part thereof. d Q 3 Cl) 2 9- O t6 O a. a N CO O> r c m E a) a, L D) 420 0 a) L .0 N • r O N 0 D U O 0 'N fn i a. a. N a1 i w U d O N m d • E t V Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 21 { Packet Pg 1096' 6.D.6.13' PART IV GENERAL PROVISIONSca 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program a http://www.law.cornell.edu/cfr/text/24/part-570 � I 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: -� http:l/www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl/ecfrbrowse/Title24/24cfr58 main 02.tpl c o � 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 Q N I 4.4 The Fair Housing Act(42 U.S.C.3601-20)Reasonable Accommodations Under the Fair Housing a Act. http://wwvv.hud.gov/offices/fheo/Iibrary/huddojstatement.pdf E.O. 11063 Equal Opportunity in Housing d http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housingequal opp/FH Laws/EXO11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs a 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. Q- ' L http://www.law.cornell•edu/cfr/text/24/part-107 to 43 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as r amended a http://portal.hud.gov/hudportal/HUD?src—/program_offices/fair housing equal opp/prog desc/title8 • D i 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which c j prohibits, discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vola/pdf/CFR-2007-title24-vol3-sec570- a) 602.p a co 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/3 5th/thelaw/eo-11246.html 2 EO 11375 and 12086:see item#8 below m 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements ca Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 22 Packet Pg. 1097 '%16.D6b .. for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http:/lwww.eeoc.gov/laws/statutes/titlevii.cfm Es 0 4.9 24 Ci R 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 •o 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 0 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 Ta successors and assigns, to those sanctions specified by the agreement through which Federal 2 a assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. C � I The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this agreement: m d "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 C. a) requires that to the greatest extent feasible opportunities for training and employment be given to a� 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 in opportunities for low-and very low-income persons residing in the metropolitan area in which the project is located." (1' N 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 Iow-income persons a within the service area of the project or the neighborhood in which the project is located, and to g- low- 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 y= 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 °D located,and to low-and very low-income participants in other HUD programs. E Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 23 Packet Pg. 1098 16.D.6.b 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- L idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tpl c9 m 4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amendedo. •U by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm 11063:httpJ/portal.hud.gov/hudportal/HUD?src/programmoffices/fair housing equal o pp/FHl.aws/EXO11063 11246:http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html c 11375:Amended by EO 11478 11478:http://www.archives.gov/federal-register/codification/executive-order/11478.html 2 12107:http://www.archives.gov/federal-register/codification/executive-order/12107.html o 12086:http://www.archives.gov/federal-register/codification/executive-order/12086.html •• co C) 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.corn/EP-1180-1-1/EP-1180-1-10012.htm E a) 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/civihights/secSO4.htm Q 29 USC 776:http://law.onecle.com/uscode/29/776.html 24 CFR 570.614:http://www.law.cornelLedu/cfr/text/24/570.614 :g. m 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm N ti 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm t7 m 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 N 276a and 24 CFR 135.11(c). a o. 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in d whole or in part byLoans or Grants from the United States- http://www.law.corriell.edukfr/text/29/part-3 http://www.law.cornell.odu/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/cfi/text/29/part- m 5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally d assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=23675 Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 24 • Packet Pg. 1099 .161?6 by£; 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 t9 Development Block Grant Contracts. m E.O. 11625 Prescribing additional arrangements for developing and coordinating a national 'B program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45 •� m 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 co provisions in Section 109 of the HCDA are still applicable. 2 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- oo.. vol3-secS70-608.pdf E.O. 13279:http://fedgovcontracts.com/pe02-192.htm rn 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. http://www.ncbinlm.nih.gov/pubmed/12289709 E d as 4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit requirements for Grants and Agreements. 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html r- 4.21 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, co 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 0 No.2004-05,as amended,and County Administrative Procedure 5311.Florida Statutes- U http://www.lawserver.com/law/state/florida/statutesfflorida statutes_chapter_112 part_iii Collier County- _ http://bccsp0l/SiteDirectory/ASD/HR/Iabor/CMA.s/Shared%20Documents/CMA%205311.1% 20Standards%20of%20Conduct.pdf 3 4.22 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 m the Contract Documents upon the Contractor at Owner's discretion. E; co Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 `f Fire Suppression Infrastructure Project Page 25 Packet Pg. 1100 16.D.6.b 4.23 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 t� Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). . U 4.24 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 N 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 46- 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 o 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 a 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 c state court and the US District Court, Middle District of Florida, daif in federal court. BY EN TERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT d EXPRESSLY WANE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 3 4.25 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 ry. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. ca http://www.law.cornell.edu/uscode/text/33/chapter-26 CO 4.26 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 c 1 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 m o. (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 m idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view ext&node=2 4:3.1.1.3.4.11.1.6&idno=24 U 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with o s assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning >, Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? m c=ecfr&SID=eba40bdb 52822d80827a48bced5b0b56&rgn=div8&view=text&node--24:3. 1.1.3.4.11.1.9&idno=24 E Bayshore Gateway Triangle Community Redevelopment Agency •=t- CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 26 Packet Pg. 1101 1,41.61007,1.6 4.28 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. o. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- e 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- 0 law/nhpa 1966.htm o j 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with Q the Drug-Free Workplace Act of 1988(41 USC 701). N http://us-co de.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 rn 4.30 The SUBRECIPIENT certifies that neither it,nor its principals, is presently debarred, suspended, d 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 ti ca .4.31 The SUBRECIPIENT agrees. to comply with the following ONIB Circulars whichever is N 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 v incurred.These requirements are enumerated in 2 CFR et seq. o • h . 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be a submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal o year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the Subrecipients fiscal year. Per 2 CFR.200.344, if this agreement is closed out prior to the receipt d of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in ca an audit after such closeout. Clarification of Eligible Audit Costs E f V Bayshore Gateway Triangle Community Redevelopment Agency '~ CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 27 Packet Pg. 1102 16D6b " �-o 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.comell.edu/cfr/text/24/92.206 C7 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects Q 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 c CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.cornell.edu/efr/text/49/24.101 i http://cfr.vlex.com/vid/570-505-use-real-property-19928754 o. 4.34 As provided in § 287.133, Florida Statutes by entering into this agreement or performing any rn 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 E • 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 4.35 No Federal appropriated funds have beenpaid or will bepaid,byor on behalf of the undersigned, �e > 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 rcri Congress in connection with the awarding of any Federal contract, the making of any Federal . (e grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, m 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 o 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 a agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to o. Report Lobbying,"in accordance with its instructions. as 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. >, 4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. E Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 28 Packet Pg..1103' '16.D6b$' 4.37 Any rule or regulation determined to be applicable by HND. c � 4.38 Florida Statutes 713.20,Part 1,Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?Appmode=Display_Statute&URL=0700- 0799/0713/0713.html a 4.39 Florida Statutes 119.021 Records Retention z http://www.lawserver.com/law/state/florida/statutes/florida statutes—119-021 4.40 Florida Statutes, 119.071,Contracts and Public Records c http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html 2 a co C) (Signature Page to Follow) w E m d L as C ti o • D ' o Q d L d L 0 N . m C d E Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 29 Packet Pg 1104 s-►� IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. t7 c ATTEST: BOARD OF COUNTY COMMISSIONERS OF o DWIGHT E.BROCK, CLERK COLLIER COUNTY,FLORIDA CL By: c'n ,Deputy Clerk DONNA FIALA,CHAIRMAN Date: O COLLIER COUNTY COMMUNITY a • Dated: REDEVELOPMENT AGENCY(BAYSHORE) `t (SEAL) co By: Tim Nance,Chairman a) Date: rn • Approved as to form and legality: a) Jennifer A.Belpedioop \•V1 Assistant County Attorney ��- r Date: N i 0 m C c O N N E.' a a. (a d ` W CO i Bayshore Gateway Triangle Community Redevelopment Agency Q CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 30 Packet Pg. 1105 PART V EXHIBITS • 'Ln EXHEBIT A aas INSURANCE REQUIREMENTS -11 cn The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: �a 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2 a. a. 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 c 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 ca for combined Bodily Injury and Property Damage.Collier County shall be named as an additional insured. 0. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as m follows: ti T.. l t0 , 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design (NI professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per 0 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 y connection with this contract. This insurance shall be maintained for a period of two (2) years a after the certificate of Occupancy is issued. Collier County shall be named as an additional o insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its L Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: cci>j m a) Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 31 Packet Pg. 1106 4'I6D6b4 5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one w I hundred(100%)percent of the insurable value of the buildings)or structure(s). The policy shall C be in the name of Collier County and the SUBRECIPIENT. c7 c 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 a 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). O E I OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in 2 o. force throughout the duration of the loan and/or contract: o 7. Workers' Compensation as required by Chapter 440,Florida Statutes. co 8. Commercial General Liability including products and completed operations insurance in the d 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. Q 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 E. for combined Bodily Injury and Property Damage. Collier County as an additional insured. m .Q 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. m 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 o National Flood Insurance Program(NFIP).The policy must show Collier County as a Loss Payee d jl A.T.I.M.A. a a w IH Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 32 Packet Pg. 1107 [ 6b' EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT c m 'a 0 SECTION I:REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Payment Request# • Total Payment Minus Retainage • o Period of Availability: through Period for which the Agency has incurred the indebtedness through Q N SECTION II: STATUS OF FUNDS a Grant Amount Awarded $ Sum of Past Claims Paid on this Account $ E. Total Grant Amount Awarded Less Sum of Past E Claims paid on this Account $ m Amount of Previous Unpaid Requests $ Q Amount of Today's Request $ _ 10%Retainage Amount Withheld $ a Current Grant Balance (Initial Grant Amount 'a Awarded Less Sum of all requests) $ ;5 co I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and t° o belief,all grant requirements have been followed. . m U Signature Date 'Un N Title a a. Authorizing Grant Coordinator Authorizing Grant Accountant W Supervisor Division Director (Approval required$15,000 and above) (Approval Required$15,000 and above) o d o N > CO a.. G ' d E Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 33 Packet Pg. 1108 16.D.6 b; ho.�. EXHIBIT C C9 QUARTERLY PERFORMANCE REPORT DATA 0. GENERA! cc • Grantee Is required to submit to HUD,through the Integrated Disbursement and Information System ("IDIS") Performancer. Reports.The County reports information on a quarterly basis.To facilitate in the preparation of such reports, Subrecipient shall submit the information contained herein within ten(10)days of the end of each calendar quarter. QUARTERLY PROGRBSS REPORT 0 Sub recipients:Please fill In the following shaded areas of the report o. Agency Name: Bayshore Gateway Triangle Community Redevelopment Agency Date: Project Title: Fire Suppression Improvement Project a) E d Alternate m Program Contact: Ely McKuen,Project Manager Contact: Q Telephone Number; (239)239-252-5890 a • Activity Reporting Period Report Due Date October lit-December314 January 1431" to January 31*—march 310 Apr8105 • r April -June 30"1 July 10'" . July 14—September BOth October 10th N tD Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date, M G U �•tk L'•:*as":k•i;::.:•t::• :a•, ::{:: :[,:`.^• '••+: ^•.r:4, :i.. •:'a'r a :•,. r. ;;4:: :+... :s."..t t�: :?4::1 .•:il'ifi..•.{kir �ist': .;1^,:\.. :•i'::i{s .•S. ��.Y: :°.\::::4;; •i^;�2'+ e.w`+,.., �. .t :;z:",'r•i+'-y.�.•,1y:•. ".: �::4, :i\..t..+ ':o-s z...5:�::_«?.. ;;`.'t'%k;^ •ti.,'' i t` �i4-0^ .:{.::i+.....•y..::l,,;:.+ •,.4� .s ,l:+.:.ii�}^•� .• '•••.•.t::+:�it:u..�+...." 0 J e:11 }'the, ji ire o i(s fro n yo f c ,og at,; cI,en ra. .i t*i d ipd gra q rhe In . ,11 vz rn . �,::h.,..s�,:�,:,�ll�:.., •�:,:.FI;!�Y,,�t;�PPt!p?!�41,,�Ap`��''•`i•..�t,,,'».�'?z1::;1�....4E�."@!�4.,4. ..tt.,. ..�.,,,,{4y�,II!P».#?,..i�.:...�..,.{,!l;..,.t,�►8..:.:,. ,i:: ��,r,",::e�.iN,';..�s;i.;.,`.,.: 4zgi ii..;..4, .k:�t.. 11 f1` :..:='.•:i ',,�. A•;t!`s 1, i!h 4��plA• ince• a... 8!n>!1n(jbf:30e'agr@etn�nt4.• .:�:,.�.:•:•� :•4.:•s!:'- ,•c:is::� •:•, .•`,:.�:;.:x::{�s��:�^=�::::::::•c•:._�.:;: :.:�.�:. :. k.n i•:1LY:i:i,...^ ^. t.• ^:kS •,.1; S '�:; , ti :..•..i:,?t:}.:.:t.:,.,`.;;•::s;•t .:.;::� ':�;. i li n.,t:is;; d :,t•^,1�t•. a•••:v.:.:•�:•:� t:'..1'g ist i ,.i�i:•: ........,::• ...1'•i.;..:..: •:{, .:4.^ ..�•..\s. ............ .+4�:,., L Q. iwtMS:a:«V,.a:.,:::.s:...;4.:..:::,4\..:.....s.=...,::::.:.•.,.....1:!.':...,::�:t.r.:c;:!1i1:..,\,:.i!..,.- ,:;i:t:::::f::. ^..:a•2?r`.:.: ,:.iGit.:t:::`:::`:::.,}:.::::i::stt�:.':::::::::y.��_i••`yv:i" A.Outcome Goals; list the outcome goal(s)from your approved application&sub-recipient agreement. L Outcome 1:Completion of Construction and related activities to install and or upgrade fire hydrants, d upgrade water mains,associated appurtenances,requited permitting,construction inspection services and 2 any contingencies needed to complete the Fire Suppression Infrastructure project. Outcome 2:Project complete and National Objective achieved and documented: LMA ' m • _ d Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IRIS#543 0 Fire Suppression Infrastructure Project Page 34 • I Packet Pg. 1109 �I B.Goal Progress:Indicate the progress to date in meeting each outcome goal. 4e. is this project still in compliance with The original project schedule?If more than 2 months behind schedule, :FL CC 2. must submit a new timeilne for approval. (-73 r. 0. 0. 0 • CN Yes No 03 If no,explain: • E • ' • • •'• ' 3 Since October 1 2016 of the persons assisted how many . : • • . a. ...now have new access(continuing)to this service or benefit? V) b. ...now has improved access to this service or benefit? b. • ...now has improved access to this service or benefit? 0 C. ...now receive a service or benefit that is no longer substandard? 0 • TOTAL: 0 • C 4. - „ Other Consolidated Plan Funds Other Federal Funds ESO 41: State/Local Funds HOME Total 0 Entitlement Total Other Funds $ 0.00 Funds $ 0.00U 03 4- E co Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 35„ • Packet Pg. 1110 N f6.D 6.b" 5. What;is the total ni0ixer of[3N13UPI^1CA'tIR!citents wined this.quarterOf:applicable? /"N, a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 c TOTAL: 0 TOTAL: 0 c. Total No.of families served: Total No.of female head of household: 0 a. 6. What is tttetotal nurlmtber of UNDt1PL,ICA1 ED clients servedsinc Octobeir,if applicable? ami a. Total No.of adult females served: 0 Total No.of females served under 18: 0 -Q to b. Total No.of adult males served: 0 Total No.of males served under 18: 0 ❑ TOTAL: 0 TOTAL: 0 4.. c. Total No.of families served: 0 Total No.of female head of household: 0 C Complete EITHER question#7 OR#8. complete question#7 if your program only serves clients In one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client In your program does not fall into a Presumed Benefit category. a. DO NOT COMPLETE BOTH QUESTION 7 AND 8 Q Csl 7. PRESUMED BENEFICIARY AA A �-- :$ O thERBENEFICIARY DATA-INCOME RANG O0 Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category since October 1 who tall into each Income category(the tote! (the total shoukl equal the tole!in question#6) should equal the total in question f!6) 4E. REPORT AS: REPORT AS: O Abused Children Homeless 0 Extremely low Income(0-30%) 0 O Person Battered 0 Low Income(31-50%) a) 0 Battered Spouses 0 Moderate Income(51-80%) 0 Persons wJHNIAIDS 0 Above Moderate Income(>80%) y 0 Elderly Persons • v o veterans 0 ChroricallylMenlally IN to O Physically Disabled Adults l`+ 0 Other-Youth • tp TOTAL: 0 TOTAL: 0 N •• C • 0 • @1 N L Q to d F Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 36 Packet Pg.1111`-' 16D6btP a+ EXHIBIT D INCOME CERTIFICATION INSTRUCTIONSCD a Complete form, and retain appropriate supporting documentation,to document providing CDBG assistance re to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. co❑ Effective Date: = I 0 A. Household Information ca • o L Member Names---All Household Members Relationship Age Q 1 2 03 rn 3 4 5 m E 6m '/ 1 ct 8 d B. Assets:All Household Members,Including Minors L t Member Asset Description Cash Value Income from Assets `. 1 ca 0 2 tv 30 4 V 5 ° y 6 7 a a. 8 0.00 Total Cash Value of Assets B(a) 0.00 °' Total Income from Assets B(b) 0.00 If line B(a)is greater than$5,000,multiply that amount by the rate specified V by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) N >, CO w c a) E V as Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 37 ' Packet Pg. 1112.' 16D:fib C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf of Minors co Member Wages/ Benefits/ Public Other c Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses,and overtime) (Enter the 1 greater of 2 box B(b)or 3 box B(c), �a 4 above,in 0 box C(e) 5 below) Q 6 N '7 00 8 Totals (a) (b) (c) (d) (e) _ 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. 0 D. Recipient Statement: The information on this form is to be used to determine maximum •Q income for eligibility. I/we have provided, for each person set forth in Item A, acceptable L verification of current and anticipated annual income.I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of . perjury. m WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations N concerning income and assets or liabilities relating to fmancial condition is a misdemeanor of the m first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083. o cn . = i N d Signature of Head of Household Date a m L i Signature of Spouse or Co-Head of Household Date L Adult Household Member(if applicable) Date Adult Household Member(if applicable) Date Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 38 Packet Pg. 1113 1,60§v-b1.- E. .16®.6.b .'E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: t9 ❑ Very-Low Income (VII)Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). in ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing ° and Urban Development with adjustments for household size. c (Maximum Income Limit$ ). a j Q � ❑ Moderate Income(MOD)Household means and individual or family whose annual income does oro not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). E d Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County,Florida. Signature of the CDBG Administrator or His/Her Designated Representative: • a L r Signature Date in ti • ' 0 Printed Name Title N t9 F. Household Data Number of Persons V By Race/Ethnicity By Age Native vNi American Hawaiian or Other 0— 26— 41— Asian Black White 62+ 0. Indian .Other Pac. 25 40 61 a Islander Hispanic • V Non- La' Hispanic t A m NOTE:Information concerning the rate or ethnicity of the occupants is being gathered for statistical ca use only.No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program CO Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Page 39 Packet Pg,11.14.' 16.D 6.b EXHIBIT E *, s ANNUAL AUDIT MONITORING REPORT co Circular 2 CFR 200:500 requires Collier County to monitor subrecipients of federal awards to determine:if a i n subrecipients are compliant with established.audit:requirements Accordingly, Collier County requires that all appropriate documentation is provided regarding your organizations compliance In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards rn based on when the activity related to the federal award occurs, including any Federal award provided by Collier c County The determination of amounts of Federal.awards expended shall be in accordance with guidelines _ •established'by CMB Circular A.133 for fiscal'years beginning before December 26 '2014 and' established by:2 ° CFR Part 200 Subpart F::-Audit Requirements fors fiscal years beginning on or after December 26 2014 This ; form may be Used to monitor Florida Single Audit Act(Statute 215 97) requirements 2 D. Subrecipient Bayshore Community Redevelopment Agency Q Name First Date of Fiscal Year(MMIDDIYY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during d during most recently completed Fiscal Year most recently completed Fiscal Year $. a , Check A. or B. Check C if applicable = !> A.The Federal/State expenditure threshold for our fiscal year ending as indicated above has been .Q i ❑ met and a Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be L completed by . Copies of the audit report and management letter are attached or g will be provided within 30 days of completion. rn ti B.We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F because we: c ❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management c letter. 'y C. Findings were noted, a current Status Update of the responses and corrective action plan is ;y included separate from the written response provided within the audit reports. While we understand a ❑ that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. . implemented and when it was or will be implemented. Certification Statement eb certi .that the:above information:is:true..and accurate. ;:;:.: . , .. .: Lhery . fy 0 N Signature Date Print Name and Title d E Bayshore Gateway Triangle Community Redevelopment Agency CD 16-005 IDIS#543 Fire Suppression Infrastructure Project Pre'n Packet Pg.1115 1 FAIN# B-03-UC-12-0016 B-04-UC-12-0016 B-07-UC-12-0016 B-14-UC-12-0016 Federal Award Date Est. 10/2016 Federal Award Agency HUD CFDA Name Community Development Block Grant c CFDA/CSFA# 14.218 Total Amount of $375,000 Federal Funds Awarded cc Subrecipient Name Habitat for Humanity of z Collier County,Inc. rn DUNS# 080676690 FEIN 59-1834379 = w R&D No ° ca Indirect Cost Rate No 0 Period of Performance 10/01/2016-12/31/2017 Q. a. Fiscal Year End 6/30 N Monitor End: 10/2022 w AGREEMENT BETWEEN COLLIER COUNTYCD AND HABITAT FOR HUMANITY OF COLLIER COUNTY,INC. L co THIS AGREEMENT is made and entered into this_day of 20_, by and between =_ Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Habitat for Humanity of Collier -J County,Inc.,("Subrecipient"),having its principal office at 11145 Tamiami Trail E.,Naples 34113. W ti WHEREAS, the County has entered into an agreement with the United States Department of N Housing and Urban Development (HUD) for a grant for the execution and implementation of a c$ Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended);and u_ C9 m WHEREAS,the Board of County Commissioners of Collier County approved the Collier County v Consolidated Plan — One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Program with Resolution 2016-147 on June 28,2016—Agenda Item 1 IE; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial '° amendment on date May 20, 2016 with a 30 day Citizen Comment period from May 20, 2016 to June 20, 2016;and c m E Habitat for Humanity CD16-011 IDIS#S45 Infrastructure Improvements Faith Landing Phase 4 Page 1 Racket Pg:1116,. 16D6.c WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County I CDBG program;and a) (1) WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of Q each in the undertaking the CDBG Faith Landing Phase 4 Project;and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: a. � I PART I as SCOPE OF WORK The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as o a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services(CHS)Division, perform the tasks necessary to conduct the program as follows: To> 0 L 0. Project Name: Infrastructure Improvements Faith Landing Phase 4 Q Description of project and outcome: CHS as an administrator of the CDBG program will make w CO available CDBG fund up to the gross amount of $375,000 to Habitat for Humanity of Collier County to be used for Infrastructure costs to benefit the eventual construction of homes at the Faith Landing Development in Immokalee for Phase 4. E a) Activities will include but not be limited to infrastructure activities such as: roadway,water main, a, drainage, and landscaping and any additional infrastructure activities based on awarded amount of funds. a) The property will be deed restricted for five(5)years commencing on the date of initially meeting one of the National Objectives in accordance with 24 CFR 570.505. u_ 1.1 SPECIAL GRANT CONDITIONS A. Within thirty(30)calendar days of the execution of this agreement,the Subrecipient must N deliver to CHS for approval a detailed project schedule for the completion of the project. LL B. The following resolutions and policies must be adopted by the Subrecipient's governing m body within thirty(30)days of award of this agreement: v Affirmative Fair Housing Policy ►1 Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy • Procurement Policy • Uniform Relocation Act Policy • Sexual Harassment Policy • Procedure for meeting the requirements set forth in Section 3 of the Housing andco Urban Development Act of 1968,as amended(12U.S.C. 794 1 u) • Procedures for meeting the requirements set forth in Section 504 of the 6' i-•, Rehabilitation Act of 1973,as amended(29 U.S.C. 794) Habitat for Humanity CD16-011 IDIS#*545 Infrastructure Improvements Faith Landing Phase 4 Page 2 Packet Pg'1117x'"'p e16[ 6c , ® Fraud Policy i C. Environmental Review Requirement (ERR) -No program costs can be incurred until an E environmental review of the proposed project is completed, and approved by HUD. d Further,the Subrecipient will not undertake any activity or commit any funds prior to the a HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. c co Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. as .Q 1.2 PROJECT DETAILS cc 12 A. Project Description/Project Budget = co 0 Description Federal Amount z Project Component 1: Funding costs will include but not be limited to the following $375,000 0 expenses: infrastructure costs to benefit the eventual construction of homes at the li Faith Landing Development in Immokalee for Phase 4. Activities will include but not be limited to infrastructure activities such as: roadway, Q water main,drainage,and landscaping. Total Federal Funds: $375,000 C4 "- as The Subrecipient will accomplish the following checked project tasks: m 0 Pay all closing costs related to property conveyance L"--.N ® Maintain and provide to the County as requested beneficiary income certification a documentation c ® Maintain National Objective Documentation = ® Provide Quarterly reports on National Objectives and project progress CC ® Required attendance by a representative from executive management at quarterly to partnership meetings,as requested by CHS. u. ® ti Provide monthly construction and rehabilitation progress reports until completion of c construction or rehabilitation. `V co ® Identify Lead Project Manager N ® Provide Site Design and Specifications ® Comply with Davis Bacon Labor Standards, if necessary m ® Provide certified payroll weekly throughout construction and rehabilitation, if necessary m ® Comply with Uniform Relocation Act(URA), if necessary .> ® Ensure applicable numbers of units are Section 504/ADA accessible c ® Ensure the applicable affordability period for the project is met E B. National Objective :° R The CDBG program funds awarded to Collier County must benefit low-moderate income persons c (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and = a.: beneficiaries meet the definition of: a=i E C1/4 Habitat for Humanity Q CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 3 AV. Packet Pg. 1118 16©6 c,� Tri" C1 LMA—Low/Mod Area Benefit ❑ LMC—Low/Mod Clientele Benefit m 0 LMH—Low/Mod Housing Benefit El LMJ—Low/Mod Job Benefit LMA: Must document where at least 51% of the residents are LMI persons which by HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. CL LMC: Must document that at least 51% of persons served, are low to moderate income households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMII: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must 2 0 have at least 51% occupied by LMI households. Failure to achieve the national objective under Q this agreement will require repayment of the CDBG investment under this agreement. Q LMJ: Must document job creation and retention LMI benefit national objective addresses D activities designed to create or retain permanent jobs,at least 51% of which(computed on a full- time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. L. a C. Performance Deliverables °a Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within thirty(30)days of "- (Section 1.1) agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement `V co execution and Annually within c thirty(30)days of renewal >- Detailed project Schedule Project Schedule Within thirty(30)days of agreement execution m Project Plans and Specifications Site Plans and Specifications Prior to Construction Start v Submission of Progress Report Exhibit C Quarterly reports.Annually after closeout. Financial and Compliance Audit Exhibit D,and Audit Annually 9 months after FY end until 2022 Continued Use Certification Continued Use Affidavit Annually until 2022 :-6 Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve of construction and annually thereafter until 2022 = Program Income Reuse Plan Plan Approved by the County Annually thereafter until 2022- m N/A .c E /"\ Habitat for Humanity CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 r • Packet Pg. 1119 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Funding Submission of supporting documents must Submission of costs will include but not be be provided as backup as evidenced by, monthly invoices. limited to the following expenses: banking documents,completed AIA G702- infrastructure costs to benefit the 1992 form or equivalent document per eventual construction of homes at contractor's Schedule of Values and any d the Faith Landing Development in additional documents as needed. a 7.3 Immokalee for Phase 4. Exhibit B .11 Activities will include but not be limited to infrastructure activities 10%retainage released upon the full such as: roadway, water main, installation and completion of required drainage,and landscaping. infrastructure activities for the project. co Failure on behalf of the subrecipient in achieving the National Objective under this agreement will require Q. repayment of the CDBG investment. 0. CON 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start October 1,2016 and shall end on December 31,2017. as 1.4 AGREEMENT AMOUNT a 0) The COUNTY agrees to make available Three Hundred Seventy Five Thousand Dollars ($375,000.00)for the use by the SUBRECIPIENT during the term of the agreement(hereinafter, J shall be referred to as the"Funds"). co Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10%of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be `� made with Board approval. u_ The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for '�' eligible costs, and all disbursements requests must be limited to the amount needed at the time 1° of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations ,o 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 I° more frequently than owe per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. w w Habitat for Humanity a C016-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 n...c /\ Packet Pg. 1120 F 1 6 D 6 cS Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement L may not be processed without written authorization from the Grant Coordinator. Q The County Manager or designee may extend the term of this agreement for a period of up to 180 t9 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. 'o. No payment will be made until approved by CHS'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 o' L o. Payments to the Subrecipient are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide adequate documentation for validating costs incurred.Payments to Subrecipient's contractors and = vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in —i compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR N Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in N this agreement. u_ C9 1.6 NOTICES U i Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier,personal delivery, or sent by facsimile or other electronic means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. w E R Habitat for Humanity CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 0 �� Packet Pg 1121', 16D6e COLLIER COUNTY ATTENTION:Rosa Munoz,Grant Coordinator 3339 E Tamiami Trail,Suite 211 a) Naples,Florida 34112 Email: RosaMunozr7a,colliergov.net Telephone: (239)252-5713 .. L SUBRECIPIENT ATTENTION:Nick Kouloheras,Executive Director CD 11145 Tamiami Trail East Naples,Florida 34113 'a Email: nkouloherasc habitatcollier.org Telephone: (239)775-0036 rn ca 0 L a a CO O d d t) ca LL tC O U. m U LYM L 0 �M- .F+ ft7 cd G Habitat for Humanity CD16-011 IDIS#545 �� Infrastructure Improvements Faith Landing Phase 4 Pam.7 / . \ Packet Pg. 1122 16.13.6.c PART II GRANT CONTROL REQUIREMENTS L 2.1 AUDITS rrco n V 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. cn Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer,or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient a. audits. N � CO The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. c E 2.2 RECORDS AND DOCUMENTATION as The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to determine compliance with the requirements of this agreement,the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the -J following: ca t• A. All records required by CDBG regulations. N tD B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily N would be required by COUNTY in order to perform the service. (9 m C. All reports, plans, surveys, information, documents, maps,books, records and other data U procedures developed, prepared, assembled, or completed by the Subrecipient for the purpose of this agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS.Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all 15. 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, c E /'s Habitat for Humanityco CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 8 C6) Packet Pg. 1123 4611/6.a:,' 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 D. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 'ii 200.333 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY C'n shall be informed in writing if an agency ceases to exist after closeout of this agreement of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all c requirements for retaining public records and transfer, at no cost,to COUNTY all public R records in possession of the SUBRECIPIENT upon termination of the contract and o destroy any duplicate public records that are exempt or confidential and exempt from a public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology co 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 L wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records a showing contractor compliance with the Contract Work Hours and Work Safety Law. c Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. s C6 F. The SUBRECIPIENT will be responsible for the creation and maintenance of income t'- ti eligible files on clients served and documentation that all households are eligible under N HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter cn on the SUBRECIPIENT's compliance. ‘-• tL G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 c9 m 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 570.208, income certification, and written agreements with beneficiaries,where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the 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 E Habitat for Humanity CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 9 n Packet Pg. 1124. 166c,� I exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. d w 2.3 MONITORINGco During the term, SUBRECIPIENT shall submit an annual audit monitoring report and an (Exhibit D) to the COUNTY no later nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal Q. year end.The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site in 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 of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon ° the request of CHS, submit information and status reports required by CHS or HUD to enable o CHS to evaluate said progress and to allow for completion of reports required. The a SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. C v- The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,waste,abuse,or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as co determined by the COUNTY will constitute noncompliance with this agreement. If corrective c action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified co by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General r Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE N >- u_ SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. ° SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent waste,fraud and abuse. E � � I Habitat for Humanity CD16-0111DIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 10 G15 ) Packet Pg. 1125 16 D.6 c SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any E appropriate law enforcement authority,if the report is made in good faith. L Q 2.5 CORRECTIVE ACTION = 'L^ 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 sz acceptable progress on such corrective action plans. to In order to effectively enforce Resolution No.2013-228,Community and Human Services(CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers,or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: R 0 1. Initial non-compliance may result in Findings or Concerns being issued to the Q entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. op • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. as a) • CHS will be available to provide Technical Assistance (TA) to the entity as a 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 -J manner to the Division,the Division may require a portion of the awarded grant amount be returned to the Division. ti N • The County may require upwards of five percent(5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. u 0 • The entity may be considered in violation of Resolution No.2013-228 0 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 Division of their substantial non-compliance by certified mail; the Division may require a o portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,be returned to the Division. a) tr Habitat for Humanity CD16-011 IDIS#545 a Infrastructure Improvements faith Landing Phase 4 Page 11 _ 0 Packet Pg.1126r' 6.13.6.c I � • The Division may require upwards of ten percent(10%)of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. a) • The entity will be considered in violation of Resolution No.2013-228 r9 4. If in the case after repeated notification the Entity continues to be substantially m non- compliant, the Division may recommend the contract or award be terminated. aa)i � I • The Division 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.This includes the amount invested by the County for the initial acquisition of the properties or other activities. o a. • The entity will be considered in violation of Resolution No.2013-228 N � Co a) If in the case the Entity has multiple agreements with the Division and is found to be non- compliant,the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS m La> a) 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. u. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the ti 10th day of January,April,July and October respectively for the prior quarter period end. As part of the report submitted in October,the SUBRECIPIENT also agrees to include,a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and u- objectives set forth in Exhibit"C".Exhibit"C"contains an example reporting form to be used m in fulfillment of this requirement. Other reporting requirements may be required by the County U Manager or designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this agreement. w CO c m E t"-N. Habitat for Humanity CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 12 Packet Pg. 1127 PART III TERMS AND CONDITIONS a) a) 3.1 SUBCONTRACTS No part of this agreement may be assigned or subcontracted without the written consent of the 0 COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. Q 3.2 GENERAL COMPLIANCE cn 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 o responsibilities described in 24 CFR 570.604 and (2)the SUBRECIPIENT does not assume the a. recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 Q and (3) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS c revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws,regulations,and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds r\ available under this agreement to supplement rather than supplant funds otherwise available. a 3.3 INDEPENDENT CONTRACTOR c 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 N services to be performed under this agreement. The Grantee shall be exempt from payment of all co Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' N Compensation Insurance,as the SUBRECIPIENT is an independent contractor. u}. 0 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. x 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 Habitat for Humanity C016-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 13 Packet Pg. 1128 , �1 1�D66 such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. L a I 3.5 AVAILABILITY OF FUNDS C9 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 o. between COUNTY and HUD governing CDBG funds pertaining to this agreement. In the event m cc 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, co 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 'o County Commissioners and /or County Administration, personally liable for the performance of o. n. this agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this agreement. 3.6 INDEMNIFICATION a) E To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold L harmless Collier County, its officers, agents and employees from any and all claims, liabilities, Q damages, losses, costs, and causes of action which may arise out of an act, omission, including, 55 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 N claims and losses of any nature whatsoever in connection therewith and shall defend all suits in U the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments m which may issue there-on. This Indemnification shall survive the termination and/or expiration of this agreement. This section does not pertain to any incident arising from the sole negligence of 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. ° .F.. I 3.7 GRANTEE RECOGNITION/SPONSORSHIPS .0 ca The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar E Habitat for Humanity CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 14 ;Packet Pg.1129,fr! 16D6c i 16.D.6.c In the event of any default by SUBRECIPIENT under this agreement, the County may seek any c combination of one or more of the following remedies: a> a) a) A. Require specific performance of the agreement, in whole or in part; °' Q .N _ B. Require the use of or change in professional property management; 6 C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds '9- SUBRECIPIENT has received under this agreement; CD 11 D. Apply sanctions if determined by the County to be applicable; ccn 0 g E. Stop all payments until identified deficiencies are corrected; ,z 0 To F. Terminate this agreement by giving written notice to SUBRECIPIENT of such o termination and specifying the effective date of such termination. If the agreement is cc. terminated by the County as provided herein, SUBRECIPIENT shall have no claim of Q payment or claim of benefit for any incomplete project activities undertaken under this coo 0 agreement. 3.9 REVERSION OF ASSETS E a) ��e L In the event of a termination of this agreement and in addition to any and all other remedies a available to the COUNTY (whether under this agreement or at law or in equity) the = SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of c termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, —' per 24 CFR 570.503(b)(7). . CO LL The COUNTY's receipt of any funds on hand at the time of termination shall not waive the o N COUNTY's right(nor excuse SUBRECIPIENT's obligation)to recoup all or any portion of the m funds or property, as the COUNTY may deem necessary. Regulations regarding real property are cw subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). u m 3.10 INSURANCE o U P SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until co all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and = carried,at all times during its performance. _ L I 3.11 ADMINISTRATIVE REQUIREMENTS .`�° co 1I The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget, c and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and E I .c n c Habitat for Humanity z CD16-011 IDIS#545 Q Infrastructure Improvements Faith Landing Phase 4 Page 16 Packet Pg. 1131 N........ N Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Community Development Block Grants(24 CFR 570 et seq.). E w 3.12 PURCHASINGca SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through c5 .326)and Collier County's purchasing thresholds. m Range: Competition Required 0 $0-$3,000 1 Written Quote . $3,000-$10,000 3 Written Quotes rn $10,000-$50,000 3 Written Quotes $50,000+ Bids,Proposals,Contracts(ITB,RFP,etc) = All improvements specified in Part I. Scope of Work shall be performed by Subrecipient 'o employees, or shall be put out to competitive bidding under a procedure acceptable to the a COUNTY and Federal requirements. The Subrecipient shall enter into contracts for improvements with the lowest,responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records rn and documents related to the project. E w 3.13 PROGRAM GENERATED INCOME I) No Program Income is anticipated. In the event there is Program Income derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be retained by the J SUBRECIPIENT for use in the Community Development Grant Program. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity ii of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT accordingly,and shall be in co compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. In the o event there is a program income balance at the end of the Program Year, such balance shall revert >- u. to the COUNTY's Community Block Grant Program, for further reallocation. m 3.14 GRANT CLOSEOUT PROCEDURESco SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The Subrecipient may close out the project with the County after the year affordability period has been met, if applicable. Activities during this closeout period shall ,o 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 Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal Habitat for Humanity CD16 O11 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 17 O Packet Pg 1132 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 m to which the SUBRECIPIENT is entitled under the terms and conditions of this agreement must Q be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in c5 accordance with 2 CFR 200.343. c 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE avi The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be in 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. o L >Z Q. 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 co 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. m 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES a) asThe SUBRECIPIENT will use its best efforts to afford small businesses, minority businessJ J 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 au. 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 cNc (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 u}. or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT m may rely on written representations by businesses regarding their status as minority and female v business enterprises in lieu of an independent investigation. m 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 or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves c beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted Habitat for Humanity CD16—011 IDIS#545 �( Infrastructure Improvements Faith Landing Phase 4 Page 18 Packet Pg. 1133 under this agreement must reside in unincorporated Collier County or in municipalities m participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit"C"of this agreement. 3.18 AFFIRMATIVE ACTION C7 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 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 .11 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 must be submitted to County within 30 days of update/modification. Ta 3.19 CONFLICT OF INTEREST 2 L tn. The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal fmancial interest, oo 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 as covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 °' CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governingco conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. ti 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 t+- 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 CHS 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 ro income residents of the project target area. Y Ca z 3.20 RELIGIOUS ORGANIZATIONS d E s V Habitat for Humanity w+ CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 19 Packet Pg1134' 16.D 6.c. 1 CDBG funds may be used by religious organizations or on property p rty 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: cp 'En 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 cc religion and will not limit such services or give preference to persons on the basis of religion. � C. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, supporty gprovided that it does not use direct CDBG funds to an inherently religious activities,such as worship,religious instruction or proselytizing. a 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 a� 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. ca -J 3.21 INCIDENT REPORTING U- r•. If services to clients are to be provided under this agreement, the subrecipient and any o subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation co of a child,aged person,or disabled adult to the County. 3.22 SEVERABILITY m 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. a (13 .iZ E Habitat for Humanity C016-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 20 -Packet Pg.1135 ';16 D6 t=" PART IV �\ GENERAL PROVISIONS E 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/part-570 ,L^ 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 cl• rY 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended in 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 L Act.http://www.hud.gov/offices/Theo/library/huddojstatement.pdf a E.O. 11063 — Equal Opportunity in Housing `t http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housingequal 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.htm1 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 a) 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 U- ti 0 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which cNn prohibits discrimination and promotes equal opportunity in housing. N http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vo13-sec570- >". 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders ,? 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: 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 .0 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements c w E Habitat for Humanity CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 21 Packet Pg. 1136' 16 D 6.c for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal c Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm a) a) 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 4(11 Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all t; 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 a 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. 0 The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to Q include the following language in all subcontracts executed under this agreement: ooN "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 ca 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 u. within the service area of the project or the neighborhood in which the project is located, and to m 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 32 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. (.0 as Habitat for Humanity CD16-011 IDIS#545 eZ Infrastructure Improvements Faith Landing Phase 4 Page 22 Packet Pg. 1137 � to 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/textCD - idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135_main 02.tpl t) 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/EXO11063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375:Amended by EO 11478 tn 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 s 0 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. a. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm N co 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 E 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 U- 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). >- cD 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in co whole or in part byLoans or Grants from the United States- http://www.law.comell.edu/cfr/text/29/part-3 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 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=23675 Habitat for Humanity CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 23 ,Packet Pg. 1138 16.D.6 c�.. 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter y 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 � 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and Q. contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, CC as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. w 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 0 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. a. http://www.ncbi.nlm.nih.gov/pubmed/12289709 N CD 4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit requirements for Grants and Agreements. E 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html a 0 _ 4.21 Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, ca 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- ti http://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter 112.part iii Collier County- http://bccsp0l/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1% 20Standards%20ot3/020Conduct.pdf u. 0 4.22 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 ° Ts the Contract Documents upon the Contractor at Owner's discretion. Habitat for Humanity CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 24 Packet Pg. 1139 16.D.6.c 4.23 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. J (No reference L required for this item). 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this c� 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 a) 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 'n 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, 2 0 Florida Statutes.The litigation arising out of this agreement shall be Collier County,Florida, if in a state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT `V 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 a) 4.25 The SUBRECIPIENT agrees to comply with the following requirements: Q a. Clean Air Act,41 USC 7401,et seq.httP�//www.law.comelledu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.comell.edu/uscode/text/33/chapter-26 .c 4.26 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 ca 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 u_ costof 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 >, 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning c Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? c=ec fr&SID=eba40b db52822d80827a48bced5b0b56&rgn=d iv8&view=text&node=24:3. 1.1.3.4.11.1.9&idno=24 al r _ E 0 Habitat for Humanity C016-011 IDIS#545 Q Infrastructure Improvements Faith Landing Phase 4 Page 25 fin\ Packet Pg ;1140'', -16.D.6.c. 4.28 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 L 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 6/36cfr800_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 Q. included on a federal, state or local historic property list. http://www.nps.gov/history/local- law/nhpa1966.htm .c U) 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988(41 USC 701). 48. http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 To 0 4.30 The SUBRECIPIENT certifies that neither it,nor its principals, is presently debarred, suspended, a 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 o 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 c CFR 570.609, Subpart K. cu 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 cc4.31 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, R utilize adequate internal controls, and maintain necessary source documentation for all costsu. incurred.These requirements are enumerated in 2 CFR et seq. N tD 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal �. year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit U financial statements to the COUNTY one hundred eighty (180) days after the end of the Subrecipients fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 0 w Clarification of Eligible Audit Costs `° The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost ns 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 Habitat for Humanity w CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 26 E Packet Pg. 1141 64,044:c N 4+ C 4.33 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 a' subject to the provisions of CDBG including, but not limited to, the provisions on use and R 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 4.34 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 o within the 36 months immediately preceding the date hereof. 0. This notice is required by§ 287.133 (3)(a),Florida Statutes. http://www.lawserver.com/law/state/florida/statutes/floridastatutes 287-133 4.35 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of as any agency, a Member of Congress, an officer or employee of Congress, or an employee of a I• 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 cNo Report Lobbying," in accordance with its instructions. N The undersigned shall require that the language of this certification be included in the award tea. 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. 4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. O y.. 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statutes 713.20,Part 1,Construction Liens a) Habitat for Humanity CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 27 .Packet-N.,1142 16.D 6.c, http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- 0799/0713/0713.html E 0 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida statutes 119-021 — — ea 'LR 4.40 Florida Statutes, 119.071,Contracts and Public Records c http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- . 0199/0119/Sections/0119.07.html m y (Signature Page to Follow) 0 0 L 0. 0. N CO O> ea r 0 E N fit_ d II = I V. ti �I r � O j N LrL m C Habitat for Humanity CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 28 O Packet Pg.1143. IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. a) t) Ii Q ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA c By: a) ,Deputy Clerk DONNA FIALA,CHAIRMAN Date: rn Habitat for Humanity of Collier County,Inc. Dated: o (SEAL) Q. By: Nick Kouloheras,Executive Director co 0) Date: as E a) m L a""ft\ rn Approved as to form and legality: tr\ ttl \� J Jennifer A.Belpedio 9 4\Z Assistant County Attorney u. ti Date: cc11 cc N CO ca L t� .Q R i.+ d E L V Habitat for Humanity CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 29 re') Packet Pg,{1'144; 16.Q 6.c PART V EXHIBITS E a, a, EXHIBIT A c ea INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing cc insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 0 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 2 as an additional insured with respect to this coverage. o. 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: J � 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design co professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per L_ . occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the N 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 w- after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: co 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. d Habitat for Humanity CD16-011 IDIS#545 ¢ Infrastructure Improvements Faith Landing Phase 4 Page 30 Packet Pg. 1145 V 16�6a _ 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). c9 OPERATION/MANAGEMENT PHASE(IF APPLICABLE) a After the Construction Phase is completed and occupancy begins,the following insurance must be kept in CeLl force throughout the duration of the loan and/or contract: rn 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 4.6 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 2 0 as an additional insured with respect to this coverage. a CSi 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. E 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred �/'1 (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. N (0 O N >- LL m U C E x O ttf x r _ E s C1 Habitat for Humanity CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 31 Packet Pg. 1146, EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT °', `tss c , SECTION I: REQUEST FOR PAYMENT w c Subrecipient Name:Habitat for Humanity of Collier County(HfH) E. 5 Subrecipient Address: 11145 Tamiami Trail East,Naples,FL 34113 Project Name: Infrastructure Improvements Faith Landing Phase 4 co Project No: CD16-011 IDIS#545 Payment Request# Total Payment Minus Retainage w 0 Period of Availability: through Period for which the Agency has incurred the indebtedness through `Qf• SECTION II: STATUS OF FUNDS c Grant Amount Awarded $ Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum of Past m Claims paid on this Account $ a Amount of Previous Unpaid Requests $ as Amount of Today's Request $ '� 10%Retainage Amount Withheld $ s Current Grant Balance (Initial Grant Amount u. Awarded Less Sum of all requests) $ r- 0 N I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and j belief,all grant requirements have been followed. Signature Date Title AuthorizingGrant Coordinator :° Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required$15,000 and above) E w t—N' Habitat for Humanityas CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 32 Packet Pg. 1147 .tel EXHIBIT"C" CD E QUARTERLY PERFORMANCE REPORT DATA a) GENERAL ca Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performana Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipien a shall submit the information contained herein within ten(10)days of the end of each calendar quarter. cc QUARTERLY PROGRESS REPORT Sub-recipients:Please fill in the following shaded areas of the report Agency Name: Habitat for Humanity of Collier County(11H) Date: as O.-.. .. L g: Project Title: Infrastructure Improvements'Faith Landing Phase 4 Q N co Alternate Program Contact Nick Koutoheras,Executive Director Contact 4. _ d Telephone Number: (239)239-775-0036 tr� Activity Reporting Period Report Due Date October 1"-December 31" January 10"' January 31st-March 31' April 10th es April 1"-June 30'h July 10" July 1"-September 30th October 10th cv u. ti Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. N LO r c lb- e CO A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. o Outcome 1: Infrastructure Improvements to include but not limited to: roadway, water main, drainage and landscaping to benefit the eventual construction of homes at the.Faith Landing Development in lmmokalee aspart of Phase 4. E Outcome 2:'Documentation of national objective achievement. LMI/LMA (must document eligible HUD Census Tract,_ ,o benefitting persons in the community,who arelow to moderate income households) R x m Habitat for Humanity ;A CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 33 Packet Pg' 1148 \uJ 1GD6c N 3.Goal Progress:Indicate the progress to date in meeting each outcome goal. _ a) Outcome 1: E E E) 0< as Outcome 2. 0 .. .. 1 ..— a) a) CL ..`- � S 1 4 ], t' x � , jt:` a a ,YiFirr & a t; _Z. 0 R ❑ O Yes No Q Q Q If no,explain: N aD C) C a .�tt 6ge'S tk �� fis�T✓.a.7 s - � � et �, � � a> Sytt'f � � �I� wII �SI�t` i�}ell� �', i a' 'F . �J a�, K ,' �a av--' s rrs, a4.;..,1',,... L / y tmi' ,.' ,"::''. �€''-'4t ,. t. '.,it- a 1, 'a n y�+v"R.'c gyp,, t:4.2,, karts "' Es' I ZA C a. ...now have new access(continuing)to this service or benefit? 0 c R b. J ...now has improved access to this service or benefit? 0 ...now receive a service or benefit that is no longer substandard? dl'•0 c. u. r+ r, TOTAL: 0 N co �' fkx � LL x CI Other Consolidated Plan Funds CDBG CO V Other Federal Funds ESG A State!Local Funds HOME c as I E Total I Entitlement L Total Other Funds $ 0.00 Funds $ 0.00 `� r ea y :Q asI r c a) E 0 as oitat for Humanity Q CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 34 Packet Pg•1149"; \J 16'D6c 5. r � + 1,, �t l ' G, ). ? § a ti"r' c o- u e m d r, . ., .. .. k. %ace _se � ' ,�> t Jnr d . , . a. Total No.of adult females served: 0 Total No.of females served under 18: 0 w^' b. Total No.of adult males served: _ 0 Total No.of males served under 18: 0 m E m TOTAL: 0 TOTAL: 0 L Qc. Total No.of families served: Total No.of female head of household: = p 6. �{ 9 C "` 4 ase:;t „ ,a ''.. te"i.a.x «? Aa ' � .- muaw, ..... k G .. � 4 k . a a. Total No.of adult females served: 0 , Total No.of females served under 18: ;0 b. Total No.of adult males served: a. 0 Total No.of males served under 18: p •s m TOTAL: 0 TOTAL: 0 y c. Total No.of families served: 0 I` Total No.of female head of household: "p Complete EITHER Question#7 OR#8, Complete question tt�7 if your program poly serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question Hif any client In your program does not fall into a Presumed Benefit category. _ w po NOT COMPLETE BOTH QUESTION 7 AND 8 O 7. t � I a fd I t f Yy T. .. Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED o O. Persons served Q since October 1 who fall into each presumed benefbenefit(the total should equal the total in question p6) category since October 1 who fall Into each income category(the total should equal the total in question#6) Q REPORT AS: REPORT AS: N 0 Abused Children Homeless 0 Extremely low Income(0-30%) Ca 0 Person Battered 0 Low Income(31.50%) +d 0 Battered Spouses 0 Moderate Income(51.80%) C Q7 o Persons w/HIV/AIDS 0 Above Moderate Income(>80%) CD 0) 0 Elderly Persons d L 0 Veterans 4 0 Chronically/Mentally III 1T C 0 Physically Disabled Adults C 0 Other-Youth co J TOTAL: D TOTAL: o r Fs t7. 9. . .. .. :„ „ (if applicable) f` Please indicate how many UNDUPLICATED clients served since October fall Into each race category. g In addition to each race cats o lease N indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell). ry�p RACE ETHNICITY 0 White ' p O of whom,how many are Hispanic? 0. ::.. N Black/African American n; of whom,how many are Hispanic? 0 LLL. Asian 0 ;of whom,how many are Hispanic? 0 CO American Indian/Alaska Native 0 ;of whom,how manyare Hispanic? 0 CO 0 Native Hawaiian/Other Pacific Islander 0 ;of whom,how many are Hispanic? 0 P American Indian/Alaskan Native&white 0 ;of whom,how many are Hispanic? 0 C of Black/African American&White p ;of whom,how many are Hispanic? 0 E Am.Indian/Alaska Native&Black/African Am. o ;of whom,how many are Hispanic? p 2 Other Mufti-raciali- 0 ;of whom,how many are Hispanic? 0,: O TOTAL: • 0 TOTAL:HISPANIC 3 0 li Name: Signature: Your Typed name here representsR YP your electronic signature = Title: r-+ C ill E .0 C i Habitat for Humanity V CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 35 Packet Pg.'110.' v 16D6c, EXHIBIT D 15 ANNUAL AUDIT MONITORING REPORT E m a) L C) Q 15 trcular C � P 111..:5 o ,.rt i 6` #it�4< EM for( ut�Ce�ti sof fd5 ,u �to Aa e if 6 ir.vsbcpies�a .�. sn wh• saldire uAY SiiC li e�� n ur. e : tv `, i. S t dappro naei. c atio isproi a !in m • � f3 aJ , 1049..: ;. a ® pnd ' s sy ` eralau ecofF,t , s opbas i , t:,%'''', oit eras r kt n g pt ed arrovie i .1,k , '',; -,to.-.i.;1.4 � d , fa 1 „rauhx e_ t' ation, ountA d v - , al _ a - - o, n Scat*m� :.i17:obi : 1:64 3 restarr_h: i.., , ., m e i l ;ga�4 m i 0 i C t Audit f byre ' s f b:`'s ning�tar order Dec 4 ,er 6 0 4 ts „ t � ° t e a a .7 for Fl a Cf 06 . '; 1'e� 3 5.' re I it n nts.� b stoh Z i... s .� I 1 �,, .„,;2 1`. .,r, :..1 rf L ,.. „ 4 era, as r+x. $ t i.6 t k.`'t a i ' O ,' ubr Iptenit� `if • eitat f�a i� 'c b olti ,. , Y . z 41„ �:�� ' ` iyp4q�. ;i,:r o pI � r w ��at `, �v �� 4 G a A i ° �, t ,M/?Of e .xf SC`,h h f ' '`; D® }� t W i t i e: ct ;' s a ; f a e ui 9 � 1, # " ,, Q `� � � � � }a�� s �"�tt �� '`� ym ��'�. � �' '�� ,"�� `� ' far ,� Q *..4,4,,i-,-,4-,:,', ,, ¢, ^� e {k4'.b'�.§,. , kiL ` 5I -. ..* !b+..+'' Tzr'�^s r e �4 , 1 :� .. f l . tt � F tai T4� -*P [ k$00,.c 40`en+ 6011 i . Iiiitii t ; ntl r° eO�ail'�ar rte. j*1-ti e 6.0 sc04.6:i i � �� 4t� w Fid o r-:,.,;;;44,‘,..„-.'; t _ } i; �' t: k r i `•�� '�.! yg .e C .....rte" ;7 :7,,!.,-. 6. .,., .i .'"O .ms s: rt. x € to. tli . -4- a s E m,� ., ....��>{.,a�. .e., • � , ,...... gym, a�;.:.:� ' •a�?' Check A. or B. Check C if applicable d E A.The Federal/State expenditure threshold for our fiscal year ending as indicated above has been . Q ;met,and a Circular A-133 or 2 CFR Part 200, Subpart F Single Au.dit has been completed orwill be E, completed by ..Copies'of the audit report and management letter are attach.ed.or WIT : within 30 days of.completion. We aro not subject to the requirements of OMB CirCillar A-133 or 2 CFR Part200, Subpart F E. because we t. 0 Did not exceed the expenditure threshold forthe fiscal.year indicated above 0 Area for-profit,organization . N Q Are exempt for otherireasons—explain • ,:,;, , An audited financial statement is attached and if applicable;"the independent auditor's'management letter C Findings were noted, a'current Status Update of the responses'and corrective action plan`is 0 included separate,from the written response provided within the audit reports.While we understand a thatthe audit reportcontains a written response to they finding(s),:we are requesting•an updated status of the corrective actions)being taken. Please do not:'provide just:a copy of the;writtert _': response from your.,audit report, unless it includes details of the actions,;procedures, policies, etc. E implemented:and when it.was of will;bei implemented Certification Statement tatement s . L fther e�f t a tht ino �on i 'tru **6;','h';',,,,:i1.4011,,- �a34a itit,a� 1rLl , xi �RY1 q-A- r :R ? YCfeeko ,:8 . rti ff �ejiaA 0.r. . 1 iti�- . � �� bi et . ' *OrgviR Signature Date 0 I Print Name and Title c E ,---,`° 06/15 u z Habitat for Humanity Q , CD16-011 IDIS#545 Infrastructure Improvements Faith Landing Phase 4 Page 36 Packet Pg. 115 16:D6d FAIN# B- 16-UC-12-0016 Federal Award Date Est. 10/2016 m Federal Award Agency HUD a> CFDA Name Community Development Block Grant = CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded ($475,00q .Q Subrecipient Name 'Immokalee Community Redevelopment Agency;, .a DUNS# 076997790 FEIN ;59-6000558 ! R&D No Indirect Cost Rate No Period of Performance 110/2016Ta - 09/2017 Fiscal Year End 9/30 a. o. Monitor End: 112/31/2023 N CO C) AGREEMENT BETWEEN COLLIER COUNTY , AND m COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(IMMOKALEE) 112,—"N,/, L THIS AGREEMENT is made and entered into this _ day of 20_, by and between Collier ti County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and "Collier County Community Redevelopment Agency (CRA)" a community Redevelopment Agency approved by the Board of Collier County >- Commissioners, ("Subrecipient"), having its principal office at 750 South 5th Street in Immokalee, a> o. Florida,34142. N w WHEREAS, the County has entered into an agreement with the United States Department of ;v Housing and Urban Development (HUD) for a grant for the execution and implementation of a • Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended);and a> WHEREAS,the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan — One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Program Qce with Resolution 2016-147 on June 28,2016—Agenda Item 11E;and c) a) WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial E amendment on May 20,2016 with a 30 day Citizen Comment period from date May 20,2016 to date June 20,2016;and c a> Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project Page 1 Packet Pg. 1152 116d U c I m WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program;and ? a) Q ' WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of ea each in the undertaking the CDBG Immokalee Sidewalk/Streetscape project;and �ry NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by .E. the Parties as follows: PART I vi SCOPE OF WORK z The Subrecipient shall,in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services(CHS)Division,perform the tasks necessary to conduct the program as a follows: Q CO [Immokalee Sidewalk/Streetscape project Description of project and outcome: d CHS as an administrator of the CDBG program will make available CDBG funds up to the gross • a, amount of$475,000 to the Immokalee CRA for sidewalk and streetscape improvements on West Eustis Avenue-from S.9th St,with sidewalks on both sides;South 5th Street-from Carver Street to the existing concrete sidewalk at the Bethune School, Sidewalk on one side(East side of S.5th St.);and if funds remain or are made available South 9'h Street from W.Eustis Ave to Colorado LL Ave,Sidewalk on one side(West Side of S.9th St.)in Immokalee. The project will be for the a construction of sidewalks,replacement or installation of site furnishings including but not limited c to litter receptacles,benches,landscaping,associated existing storm water system enhancements, permitting,construction inspection services, contingencies and any other associated activities needed to complete the sidewalk and streetscape project. - c ca The property will be deed restricted for five(5)years commencing on the date of initially meeting ra one of the National Objectives in accordance with 24 CFR 570.505. . 7n 1.1 SPECIAL GRANT CONDITIONS C) w A. Within thirty(30)calendar days of the execution of this agreement,the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty(30)days of award of this agreement: m E Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project `Z Page 2 Packet Pg.1153 N Affirmative Fair Housing Policy = m E ® Affirmative Action/Equal Opportunity Policy i ® Conflict of Interest Policya' Q ® Procurement Policy e' ® Uniform Relocation Act Policy as ® Sexual Harassment Policy c ® Procedure for meeting the requirements set forth in Section 3 of the Housing and a Urban Development Act of 1968,as amended(12U.S.C.794 1 u) 1.3 o Procedures for meeting the requirements set forth in Section 504 of the re Rehabilitation Act of 1973,as amended(29 U.S.C.794) = co ® Fraud Policy o n x C. Environmental Review Requirement(ERR) -No program costs can be incurred until an o environmental review of the proposed project is completed, and approved by HUD. Ta Further,the Subrecipient will not undertake any activity or commit any funds prior to the a HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. Q. a Violation of this provision will result in the denial of any reimbursement of funds under N this Agreement. 03 1.2 PROJECT DETAILS o E a> A. Project Description/Project Budget 11)../Th c a r' Description Federal Amount CHS, as an administrator of the CDBG program,will make available CDBG funds up $475,000 . `— to the gross amount of$475,000 to the Immokalee CRA for sidewalk and streetscape o improvements on West Eustis Avenue-from S. 9th St, with sidewalks on both sides; u- South 5th Street-from Carver Street to the existing concrete sidewalk at the Bethune as School,Sidewalk on one side(East side of S.5th St.);and if funds remain or are made N available South 9th Street from W. Eustis Ave to Colorado Ave, Sidewalk on one a side(West Side of S. 9th St.) in Immokalee. The project will be for the construction cu of sidewalks, replacement or installation of site furnishings including but not limited in to litter receptacles, benches, landscaping, associated existing storm water system o ra enhancements, permitting, construction inspection services, contingencies and any ,e other associated activities needed to complete the sidewalk and streetscape project. 75 Total Federal Funds: $475,000 -ca in The Subrecipient will accomplish the following checked project tasks: g 0 as D Pay all closing costs related to property conveyance a O Maintain and provide to the County as requested beneficiary income certification o documentation E E ® Maintain National Objective Documentation ® Provide Quarterly reports on National Objectives and project progress = w — E Immokalee Community Redevelopment Agency _ CD 16-008 IDIS#546 c' Immokalee Sidewalk/Streetscape Project 4 Page 3 Packet Pg• 1154 16.D6ti ® Required attendance by a representative from executive management at quarterly I partnership meetings,as requested by CHS. E ® Identify Lead Project Manager L ® Provide Site Design and Specifications Q ® Comply with Davis Bacon Labor Standards R ® Provide certified payroll weekly throughout construction and rehabilitation 6 ® Comply with Uniform Relocation Act(URA),if necessary c ❑ Ensure applicable numbers of units are Section 504/ADA accessible s. ® Ensure the applicable affordability period for the project is met 1 re' B. National Objective u) G m The CDBG program funds awarded to Collier County must benefit low-moderate income persons = (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and ° beneficiaries meet the definition of: > 0 o.a /1 LMA—Low/Mod Area Benefit Q ❑ LMC—Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit co ❑ LMJ—Low/Mod Job Benefit I .r 6. a) LMA: Must document where at least 51% of the residents are LMI persons which by m HUD determined eligible census tracts. Failure to achieve the national objective under this a agreement will require repayment of the CDBG investment under this agreement. ti LMC: Must document that at least 51% of persons served, are low to moderate income households, in order to meet a CDBG National Objective. Failure to achieve the national N objective under this agreement will require repayment of the CDBG investment under this u. agreement. a LMH: Must document providing or improving permanent residential structures, which o upon completion will be occupied by LMI households. Structures with three or more units must 1 have at least 51% occupied by LMI households. Failure to achieve the national objective under cu this agreement will require repayment of the CDBG investment under this agreement. LMJ:Must document job creation and retention LMI benefit national objective addresses (is activities designed to create or retain permanent jobs,at least 51% of which(computed on a full- '� time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the m national objective under this agreement will require repayment of the CDBG investment under this agreement. < C. Performance Deliverables 0 a) as Program Deliverable Deliverable Supporting Submission Schedule o Documentation E Special Grant Condition Policies Policies as stated in this (Within thirty(30)days of E (Section 1.1) agreement ! agreement execution ! a) Immokalee Community Redevelopment Agency a CD 16-008 IDIS#546 r Immokalee Sidewalk/Streetscape Project `t Page 4 5 Packet Pg 1155, ' 7sD6d Insurance 'Insurance Certificate 1 'Within 30 days of agreement a) execution and Annually within Eo thirty(30)days of renewal ' °_' en Detailed project Schedule Project Schedule I Within thirty(30)days of agreement execution 6. Project Plans and Specifications 'Site Plans and Specifications 1 (Prior to Construction Start 1 Submission of Progress Report lExhibit C 1 'Quarterly reports.Annually after c closeout. ja) .Q Financial and Compliance Audit 'Exhibit E Annually 9 months after FY end � until 2022 ' aa' Continued Use Certification Continued Use Affidavit,if Annually until 2023 1 6 applicable ' w Revenue Plan for maintenance Flan approvedby County the 'Initial Plan due after completion o and Capital Reserve of rehabilitation and annually z thereafter until 2023 ' o Program Income Reuse Plan Plan Approved by the County 1 Annually thereafter-Not To Applicable 1 Q. o.a D. Payment Deliverables N CO O> Payment Deliverable Payment Supporting Documentation Submission Schedule er- Project Component 1: • Submission of supporting • Submission of d Construction and related activities documents must be provided as monthly E to include but not limited to backup as evidenced by,banking invoices m^ sidewalks,replacement or documents,completed AIA 0702- i installation of site furnishings 1992 form or equivalent document ti including but not limited to litter per contractor's Schedule of er- receptacles,benches,landscaping, Values and any additional `O associated existing storm water documents as needed. c system enhancements,permitting, • Invoices for construction 1.L. construction inspection services, inspections services with to contingencies and any other payment amount reflected in y associated activities needed to Exhibit"B". • Submit request m complete the sidewalk and • 10%retainage will be withheld after final close streetscape project. with each request for payment and out monitoring Cl) will be released upon completion clearance c of activities and final close out x monitoring 3 m 10% retainage held, will be released upon documentation that at least 51% of persons served are low to to moderate income households, in order to meet a CDBG National Objective.' Failure on behalf of the ct subrecipient in achieving the National Objective under this agreement will require repayment of the V m CDBG investment under this agreement and aforementioned rehabilitation/construction agreement. m Tut 0 1.3 PERIOD OF PERFORMANCE E E 4.o C w E Immokalee Community Redevelopment Agency 0.—..„, CD 16-008 IDIS#546 e4` Immokalee Sidewalk/Streetscape Project Page 5 Packet Pg.1156 16.D.6d Services of the Subrecipient shall start effective the date of the execution of this agreement and shall end on or before September 30,2017. L 1.4 AGREEMENT AMOUNTra 'The COUNTY agrees to make available Four Hundred Seventy Five Thousand Dollars t9 ($475,000.00)!For the use by the SUBRECIPIENT during the term of the agreement(hereinafter, shall be referred to as the"Funds"). fa. Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10%of the total funding amount and does not in signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be made with Board approval. C The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon o completion or partial completion of the work tasks as accepted and approved by CHS. a 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 ci CO of the request. Invoices for work performed are required every month. r � 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 a) 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. Q Payments shall be made to the SUBRECIPIENT when requested as work progresses but,not r more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. N >- u. Final invoices are due no later than 90 days after the end of the agreement. Work performed a during the term of the program but not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a Qr� properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known C.) as the"Local Government Prompt Payment Act." .ac 1.5 COST PRINCIPLES E E :.o c a> --- — -- E Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 z Immokalee Sidewalk/Streetscape Project Page 6 Packet Pg. 1157 '1fiD6d`'. y) Payments to the Subrecipient are governed by the Federal grants management rules for cost w d allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section E a> d (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR a) 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for Q reimbursement shall identify the associated project and approved project task(s)listed under this L Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically t9 to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide m adequate documentation for validating costs incurred.Payments to Subrecipient's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in a compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart N E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the m x Developer in order for the County to remain compliant with its obligation to follow 2 CFR c Subpart E. The Developer will use adequate internal controls, and maintain necessary source Ts documentation for all costs incurred and adhere to any other accounting requirements included in 0 this agreement. a 1.6 NOTICES cv T Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), c commercial courier,personal delivery, or sent by facsimile or other electronic means. Any notice E delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and m other written communications under this agreement shall be addressed to the individuals in the a capacities indicated below,unless otherwise modified by subsequent written notice. N. co 0 u. COLLIER COUNTY I ATTENTION:Lisa Oien,Grant Coordinator 1 a) 3339 E Tamiami Trail,Suite 211 1 N Naples,Florida 34112 a { Email: lisaoien@colliergov.net 1 Telephone:(239)252-6141 1 Cl) 1 -a i _ Immokalee CRA 1 ATTENTION:James Sainvilus,Project Manager 1 a 1750 South 5th Street ; 3 mokalee,Florida 34142 1 a mail:jamessainvilus@colliergov.net i in Telephone:(239)269-6958 1 U a> a► To O E E a a) E Immokalee Community Redevelopment Agency c� CD 16-008 IDIS#546 £ Immokalee Sidewalk/Streetscape Project a Page 7 Packet-Pg. 1158 16.D 6.cL, ,— PART II m GRANT CONTROL E REQUIREMENTS iii) a r 2.1 AUDITSco I 6 w At any time during normal business hours and as often as the COUNTY (and/or its m : representatives) may deem necessary, the SUBRECIPIENT shall make available all records, 0- 0 documentation and any other data relating to all matters covered by the agreement for review, m inspection or audit. 3 Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer,or Subrecipient within 30 days after receipt by the organization. Failure of the organization to c comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual c agency audit conducted in accordance with current Grantee policy concerning Subrecipient Q- a audits. `t N CO The determination of amounts of Federal awards expended shall be in accordance with guidelines °- established by 2 CFR Part 200,Subpart F-Audit Requirements. c a) E ,--,, 2.2 RECORDS AND DOCUMENTATION a) L The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to ti j determine compliance with the requirements of this agreement,the CDBG Program and all other o applicable laws and regulations. This documentation shall include, but not be limited to, the N following: uu.. a) a A. All records required by CDBG regulations. cac m B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily y would be required by COUNTY in order to perform the service. c ca C. All reports, plans, surveys, information, documents,maps, books, records and other data 3 procedures developed, prepared, assembled, or completed by the Subrecipient for the purpose of this agreement shall be made available to the COUNTY by the rn SUBRECIPIENT at any time upon request by the COUNTY or CHS.Materials identified 4 in the previous sentence shall be in accordance with generally accepted accounting 0 principles (GAAP), procedures and practices, which sufficiently and properly reflect all ai revenues and expenditures of funds provided directly or indirectly by this agreement, o including matching funds and Program Income. These records shall be maintained to the E extent of such detail as will properly reflect all net costs, direct and indirect labor, — Immokalee Community Redevelopment Agency a) E "--,\ CD 16-008 IDIS#546 t Immokalee Sidewalk/Streetscape Project w 1 Page 8 a Packet Pg. 1159 16.D*6.d 11 materials, equipment, supplies and services, and other costs and expenses of whatever m nature for which reimbursement is claimed under the provisions of this agreement. E a) a) D. Upon completion of all work contemplated under this agreement copies of all documents `t and records relating to this agreement shall be surrendered to CHS if requested. In any L event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a a readily accessible, permanent and secured location for five (5) years after the date of a submission of the annual performance and evaluation report, as prescribed in 2 CFR a 5 200.333 with the following exception: if any litigation, claim or audit is started before a0' the expiration date of the five (5) year period, the records will be maintained until all 3 litigation, claim or audit findings involving these records are resolved. The COUNTY 0 shall be informed in writing if an agency ceases to exist after closeout of this agreement m of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all 45 = requirements for retaining public records and transfer, at no cost,to COUNTY all public lis records in possession of the SUBRECIPIENT upon termination of the contract and > 0 destroy any duplicate public records that are exempt or confidential and exempt from Q public records disclosure requirements. All records stored electronically must be aC • provided to the COUNTY in a format that is compatible with the information technology co systems of the public agency. ay c E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon a) E Law, including files containing contractor payrolls, employee interviews, Davis-Bacon m wage rates,and administrative cross-referencing.SUBRECIPIENT shall maintain records c showing contractor compliance with the Contract Work Hours and Work Safety Law. N. Similarly,the SUBRECIPIENT shall maintain records showing compliance with federal ao purchasing requirements and with other federal requirements for grant implementation. N >- u. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income a. eligible files on clients served and documentation that all households are eligible under N HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter m on the SUBRECIPIENT's compliance. in in G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 as a CFR 570.208 and the eligibility requirement(s) under which funding has been received, a have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and in j written agreements with beneficiaries,where applicable. < v H. SUBRECIPIENT shall provide the public with access to public records on the same a0i terms and conditions that the public agency would provide the records and at a cost that o does not exceed the cost provided in this chapter or as otherwise provided by law. E SUBRECIPIENT shall ensure that public records that are exempt or confidential and c Immokalee Community Redevelopment Agency °' E CD 16-008 IDIS#546 . Immokalee Sidewalk/Streetscape Project Page 9 at, Packet Pg 1160 1 6.©6 d~ exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. a) E 2.3 MONITORING Q ° During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E)to c' the COUNTY no later nine(9)months after the Single Audit(or one hundred eighty(180)days m for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end. The c. COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site in 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 w of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon ° the request of CHS, submit information and status reports required by CHS or HUD to enable o CHS to evaluate said progress and to allow for completion of reports required. The a SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site a visits may be scheduled or unscheduled as determined by CHS or HUD. csi corn The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,waste,abuse,or non-performance based on goals and performance standards as stated with E all other applicable federal, state and local laws, regulations, and policies governing the funds m provided under this agreement further defined by 2 CFR 200.331. Substandard performance as Q 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 u. Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records Q related to performance of activities in this agreement. N r d 2.4 PREVENTION OF FRAUD AND ABUSE (4.4 SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this R Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. m m SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and To agents for the purpose of monitoring or investigating the performance of the Agreement. E Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project Page 10 Packet Pg,.,1161 16 6'd w SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect,investigate and prevent waste,fraud and abuse. L SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any `t Lappropriate law enforcement authority,if the report is made in good faith. CD a, 2.5 CORRECTIVE ACTION .Q 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,Community and Human Services(CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers,or 70 any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as 2 follows: a 1. Initial non-compliance may result in Findings or Concerns being issued to the03 entity and will require a corrective action plan be submitted to the Division r' within 15 days following issuance of the report. a) E • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. ti • CHS will be available to provide Technical Assistance (TA)to the entity as needed in order to correct the non-compliance issue. u. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division,the Division may require a portion of the awarded grant amount be returned to the Division. m m • The County may require upwards of five percent(5%) of the award amount c be returned to the Division, at the discretion of the Board of County cc Commissioners. • The entity may be considered in violation of Resolution No.2013-228 U) a: 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 Division of a) their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,be returned to the Division. Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project Page 11 •ct Packet Pg. 1162 I6.D6d: rte. N • The Division may require upwards of ten percent(10%)of the award amount be returned to the Division, at the discretion of the Board of County a, Commissioners. • The entity will be considered in violation of Resolution No.2013-228 4. If in the case after repeated notification the Entity continues to be substantially a non- compliant, the Division may recommend the contract or award be terminated. U) tzt • The Division 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.This includes the amount invested by the County for the o initial acquisition of the properties or other activities. Q • The entity will be considered in violation of Resolution No.2013-228 co o> If in the case the Entity has multiple agreements with the Division and is found to be non- compliant,the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS ti 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. u.. a� a During the term,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the H 10th day of January,April,July and October respectively for the prior quarter period end.As part of the report submitted in October,the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and a including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C".Exhibit"C"contains an example reporting form to be used 3 in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes; the need for additional information or in 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. ns 0 Immokalee Community Redevelopment Agency °' CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project ;? Page 12 Packet Pg. 1161 16: 6 d i PART III 0 TERMS AND CONDITIONS E L 3.1 SUBCONTRACTS a c as No part of this agreement may be assigned or subcontracted without the written consent of the cd COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and m judgment. (i) cc 3.2 GENERAL COMPLIANCE 12o The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal m Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning = Community Development Block Grants (CDBG)) including subpart K of these regulations, o �a except that (1) the SUBRECIPIENT does not assume the recipient's environmental c responsibilities described in 24 CFR 570.604 and(2) the SUBRECIPIENT does not assume the a recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 Q and (3) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS N revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to c comply with all other applicable Federal,state and local laws,regulations,and policies governing o E the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds m available under this agreement to supplement rather than supplant funds otherwise available. c a ti 3.3 INDEPENDENT CONTRACTOR tO 0 N Nothing contained in this agreement is intended to, or shall be construed in any manner, as LL creating or establishing the relationship of employer/employee between the parties. The a SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the N services to be performed under this agreement.The Grantee shall be exempt from payment of all m Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance,as the SUBRECIPIENT is an independent contractor. c ca 3.4 AMENDMENTS 3 i a) The COUNTY or SUBRECIPIENT may amend this agreement at any time provided that such iii amendments make specific reference to this agreement,and are executed in writing, signed by a -4 duly authorized representative of each organization, and approved by the Grantee's governing v body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or m Tcs SUBRECIPIENT from its obligations under this agreement. 0 E E C Immokalee Community Redevelopment Agency a) CD 16-008 IDIS#546 E E Immokalee Sidewalk/Streetscape Project c� Page 13 4 Packet Pg. 1164 16.D6d (17 The COUNTY may, in its discretion, amend this agreement to conform with Federal, state or = a) local governmental guidelines, policies and available funding amounts, or for other reasons. If E such amendments result in a change in the funding, the scope of services, or schedule of the as activities to be undertaken as part of this agreement,such modifications will be incorporated only a by written amendment signed by both Grantee and SUBRECIPIENT. 5 6 3.5 AVAILABILITY OF FUNDS m o. 13 The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must et 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 �'n of curtailment or non-production of said federal funds,the financial sources necessary to continue m 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 ° iii that it is determined by the County Manager or designee, in his-her sole discretion and judgment, c that the funds are no longer available. In the event of such termination, the SUBRECIPIENT a agrees that it will not look to, nor seek to hold the COUNTY,nor any individual member of the R County Commissioners and /or County Administration, personally liable for the performance of CO 1 this agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT a) under the terms of this agreement. c as E .,-., 3.6 INDEMNIFICATION m L a) To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold a ti harmless Collier County, its officers, agents and employees from any and all claims, liabilities, m damages, losses, costs, and causes of action which may arise out of an act, omission, including, N but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the W negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its a agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or N any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the 1, 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 a indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all Y 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 ai which may issue there-on.This Indemnification shall survive the termination and/or expiration of N 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 c.> immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall ai survive the expiration of termination of this agreement. c E 3.7 GRANTEE RECOGNITION/SPONSORSHIPS E Immokalee Community Redevelopment Agency o ,,may CD 16-008 IDIS#546 0 Immokalee Sidewalk/Streetscape Project ,;i Page 14 L I I Packet Pg.1165' I iss . 40-1813-641. 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 en Program shall include the statement: 03 "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN c� DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" °- U 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 c c. In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth CO 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 r- agreement: m N A. Failure to comply with any of the rules, regulations or provisions referred to herein, or W such statutes,regulations, executive orders,and HUD guidelines,policies or directives as a may become applicable at any time; y B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; -a co 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 -a incomplete in any material respect. reU E. Submission by the SUBRECIPIENT of any false certification; e, ca F. Failure to materially comply with any terms of this agreement;and Immokalee Community Redevelopment Agency d CD 16-008 IDIS#546 c Immokalee Sidewalk/Streetscape Project Page 15 Packet Pg 1166, N G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. d L as In the event of any default by SUBRECIPIENT under this agreement,the County may seek any r combination of one or more of the following remedies: 'Ln A. Require specific performance of the agreement,in whole or in part; Ts' B. Require the use of or change in professional property management; m C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds iq SUBRECIPIENT has received under this agreement; D. Apply sanctions if determined by the County to be applicable; ° Ta 0 E. Stop all payments until identified deficiencies are corrected; o. a 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. m L 3.9 REVERSION OF ASSETS r- co In the event of a termination of this agreement and in addition to any and all other remedies available to the COUNTY (whether under this agreement or at law or in equity) the > SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of a termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, (.) per 24 CFR 570.503(b)(7). m The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right(nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary.Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). in 3.10 INSURANCE ct U SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and c carried,at all times during its performance. E Immokalee Community Redevelopment Agency a) CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project Page 16 Packet Pg. 1167: -418-4:644, N w 3.11 ADMINISTRATIVE REQUIREMENTS c E a) The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget a) and the Scope of Work(Part I), the Uniform Administrative Requirements, Cost Principles and a Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the E Community Development Block Grants(24 CFR 570 et seq.). t, a> 3.12 PURCHASING •. a) o! SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through .6 m .326)and Collier County's purchasing thresholds. ch 0 m _Ran e: Competition Required ,$0-$3,000 1 Written Quote o Written 3 uotes `a $3,000-$10,000 Q > 0 $10,000-$50,000 3 Written Quotes Q, $50,000+ Bids,Proposals,Contracts(ITB,RFP,etc) o. _ a N All improvements specified in Part I. Scope of Work shall be performed by Subrecipient a) employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The Subrecipient shall enter into contracts for o improvements with the lowest,responsible and qualified bidder. Contract administration shall be E handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records a� and documents related to the project. a ti m O 3.13 PROGRAM GENERATED INCOME >- u. a) No Program Income is anticipated. In the event there is Program Income derived from the use of o. as CDBG funds disbursed under this agreement, such Program Income shall be retained by the ,N SUBRECIPIENT for use in the Community Development Grant Program. Any "Program L Income" (as such term is defined under applicable Federal regulations) gained from any activity v� of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an R annual program income re-use plan,utilized by the SUBRECIPIENT accordingly,and shall be in . compliance with 2 CFR 200.307 and 24 CFR 570.503(c)in the operation of the Program. In the 3 event there is a program income balance at the end of the Program Year,such balance shall revert -a) to the COUNTY's Community Block Grant Program,for further reallocation. in 4 a: U 3.14 GRANT CLOSEOUT PROCEDURES w To SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are E completed. The Subrecipient may close out the project with the County after the year E c Immokalee Community Redevelopment Agency a) CD 16-008 IDIS#546 E Immokalee Sidewalk/Streetscape Project p^ Page 17 aC Packet Pg 1168 "16D6ct affordability period has been met, if applicable. Activities during this closeout period shall include,but not be limited to: malting final payments, disposing of program assets(including the return of all unused materials, equipment, program income balances, and receivable accounts to a the COUNTY),and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal c� 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. Closeout procedures must take place in accordance with 2 CFR 200.343. 0 Ta 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE Q. The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be a 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 r' 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 n. concerns located in or owned in substantial part by persons residing in the project areas shall be co awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. W a 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS y 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 rn (51)percent owned and controlled by minority group members or women.For the purpose of this cc definition, "minority group members"are Afro-Americans, Spanish-speaking, Spanish surnamed c) 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 c business enterprises in lieu of an independent investigation. Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project Page 18 Packet Pg ,1169 I6 D.6id ` yr 3.17 PROGRAM BENEFICIARIES At least fifty-one percent(51%) of the beneficiaries of a project funded through this agreement `as must be low-and moderate- income persons or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves m 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"C"of this agreement. U) 3.18 AFFIRMATIVE ACTION w 0 The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's 7a specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide a 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 forCO approval prior to the award of funds. The Affirmative Action will need to be updated throughout rte- the five year period and must be submitted to County within 30 days of update/modification. m E 3.19 CONFLICT OF INTEREST E The SUBRECIPIENT covenants that no person under its employ who presently exercises any r functions or responsibilities in connection with the Project, has any personal financial interest, r direct or indirect,in the Project areas or any parcels therein,which would conflict in any manner N or degree with the performance of this agreement and that no person having any conflict of u. interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT a covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318, 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 (n employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be c interpreted in such a manner so as not to unreasonably impede the statutory requirement that a maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. in 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 v 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 c Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project Page 19 a Packet Pg. 1170 ;' 16.D6d• using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided,however,that this paragraph shall be interpreted in such a manner so 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. ,Ln 3.20 RELIGIOUS ORGANIZATIONS .Q 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 ,Q SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: v� 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 ca the basis of religion. c a 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 co religion. C. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities,such as worship,religious instruction or proselytizing. i,- co D. The funds shall not be used for the acquisition,construction or rehabilitation of structures co 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 a. 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 -a ineligible for CDBG funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation 0 of a child,aged person,or disabled adult to the County. ai 0 E E .. Immokalee Community Redevelopment Agency a CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project Page 20 Packet Pg.1171 N 3.22 SEVERABILITY E m 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. a ''L^^ d .Q re I.I. O L CO L' F- ID O N } U. d a. R V N d d L V U) C 3 a in U To Y Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project Page 21 Packet Pg 1172; isasd 2 PART IV m . GENERAL PROVISIONS E 15) 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program a http://www.law.cornell.edu/cfr/text/24/part-570 to CD .r 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: m http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr58 main 02.tp1 .Q co re 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of .Q 1974 as amended in http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal_opp/FH 2 Laws/109 4- o Ts 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing c 6. Act.http://www.hud.gov/offices/fheo/library/huddojstatement.pdf Q- 0. E.O. 11063 — Equal Opportunity in Housing a http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH c 1 Laws/EXO11063 co E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-register/codification/executive-order/12259.html m E �.. 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. m L http://www.law.cornell.edu/cfr/text/24/part-107 n. 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as coo amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/prog LL. desc/title8 a 0 o 11 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which m prohibits discrimination and promotes equal opportunity in housing. in http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- -a c 602.pdf is To 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders m 11375 and 12086-which establishes hiring goals for minorities and women on projects assisted in with federal funds and as supplemented in Department of Labor regulations. EO 11246: < http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html v 0 EO 11375 and 12086:see item#8 below m T x 0 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of E 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements c Immokalee Community Redevelopment Agency E°' CD 16-008 IDIS#546 s Immokalee Sidewalk/Streetscape Project o cc Page 22 cctt Packet Pg."1173 '-4;,16D6d ' N .r+ for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal GE Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm E L tis 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 L Act of 1968,as amended,and as implemented by the regulations set forth in 24 CFR 135,and all 6 applicable rules and orders issued hereunder prior to the execution of this contract, shall be a = m condition of the Federal financial assistance provided under this contract and binding upon the .5 COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the 6 SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their o successors and assigns, to those sanctions specified by the agreement through which Federal D x assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other c disability exists that would prevent compliance with these requirements. �a 0 L The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to Q include the following language in all subcontracts executed under this agreement: a N CO Ch "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 c the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 E requires that to the greatest extent feasible opportunities for training and employment be given to aa) 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 ds project is located." } U. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment Q, arising in connection with a housing rehabilitation (including reduction and abatement of lead- y based paint hazards),housing construction, or other public construction project are given to low- d 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 -cs within the service area of the project or the neighborhood in which the project is located, and to as 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 -3°)a lead- based paint hazards), housing construction, or other public construction project to business rn 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, c.) priority should be given to business concerns that provide economic opportunities to low- and d very low-income residents within the service area or the neighborhood in which the project is o located,and to low-and very low-income participants in other HUD programs. E r Immokalee Community Redevelopment Agency °' CD 16-008 IDIS#546 E Immokalee Sidewalk/Streetscape Project Page 23 a Packet Pg 1174 16.D6.dr The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that m 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 o_ pp/FHLaws/EXO11063 Ce 11246:http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 3 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 o 12086:http://www.archives. ov/federal-re ister/codifcation/executive-order/12086.html 0 L 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. o. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm a N 03 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 Q 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm cc 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. N http://www.fhwa.dot.gov/realestate/ua/index.htm m a 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). 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 in 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- m ru5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally E assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=23675 . Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 .c Immokalee Sidewalk/Streetscape Project Page 24 Packet Pg.,.1175 . ; *11:01464 41 .1 a) 4.16 Executive Order 11625 and U.S.Department of Housing and Urban Development Circular Letter E 79-45 -which prescribes goal percentages for participation of minority businesses in Community 6 Development Block Grant Contracts. cc E.O. 11625 Prescribing additional arrangements for developing and coordinating a national as L program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45 m o. 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and a, re contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, 3 as revised by Executive Order 13279. The applicable non-discrimination N provisions in Section 109 of the HCDA are still applicable. m 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- _ 0 vol3-sec570-608.pdf s E.O. 13279:http://fedgovcontracts.com/pe02-192.htm 0 a Q. 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. a http://www.ncbi.nlm.nih.gov/pubmed/12289709 c4 a) 4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit c requirements for Grants and Agreements. a' E L ` 4.20 Immigration Reform and Control Act of 1986 a http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html r. cOI 4.21 Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, o N 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 a) No.2004-05,as amended,and County Administrative Procedure 5311.Florida Statutes- o http://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter_112_part_iii Collier a) County- http://bccsp0l/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1% 20Standards%20of%20Conduct.pdf ca fa- 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of theco 1 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 ce precedence over the agreement. To the extent any conflict in the terms of the Contract c.> Documents cannot be resolved by application of the Supplemental Conditions,if any,or the d agreement, the conflict shall be resolved by imposing the more strict or costly obligation under o the Contract Documents upon the Contractor at Owner's discretion. E E c Immokalee Community Redevelopment Agency a' CD 16-008 IDIS#546 E Immokalee Sidewalk/Streetscape Project F Page 25 a i Packet 120. 1176 t'l6D6d N w C e 4.23 Venue-Any suit of action brought by either party to this agreement against the other party relating E to or arising out of this agreement must be brought in the appropriate federal or state courts in L cm Collier County, FL which courts have sole jurisdiction on all such matters. (No reference a required for this item). L 6 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this d . agreement to resolve disputes between the parties, the parties shall make a good faith effort to Q- o resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or e cc mediation shall be attended by representatives of SUBRECIPIENT with full decision-making A authority and by COUNTY'S staff person who would make the presentation of any settlement Ca reached during negotiations to COUNTY for approval. Failing resolution, and prior to the n 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 ° To Court Mediator certified by the State of Florida.Should either party fail to submit to mediation as c L required hereunder,the other party may obtain a court order requiring mediation under§44.102, a Florida Statutes.The litigation arising out of this agreement shall be Collier County,Florida, if in a state court and the US District Court, Middle District of Florida, if in federal court. BY CNI CO ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT °r' EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY c OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. E http://www.flsenate.gov/Laws/Statutes/2010/44.102 w ;Tr a 4.25 The SUBRECIPIENT agrees to comply with the following requirements: ti a. Clean Air Act,41 USC 7401,et seq.http://www.law.cornell.edu/uscode/text/42/7401 co b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. N http://www.law.comell.edu/uscode/text/33/chapter-26 > e a 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 w and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in m an area identified by FEMA as having special flood hazards, flood insurance under the National N Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment -o 1 (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the c cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text111 - idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 m 4:3.1.1.3.4.11.1.6&idno=24 fx 1 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with (.) assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning d Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? o c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. E 1.1.3.4.11.1.9&idno=24 c Immokalee Community Redevelopment Agency °' E CD 16-008 IDIS#546 c Immokalee Sidewalk/Streetscape Project R Page 26 Q Packet Pg. 1177 6D6d- U) 4.28 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 a, 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/nhpal966.htm http://www.ecfr.gov/cgi-bin/text- c1 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 4.29 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-19242870o. 0- 4.30 The SUBRECIPIENT certifies that neither it,nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in thisco 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. ca"""'N 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 '!) 0 N 4.31 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, R utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.These requirements are enumerated in 2 CFR et seq. 17)a) 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be c submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 3 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the in Subrecipients fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in V an audit after such closeout. 70 0 Clarification of Eligible Audit Costs E E Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project c Page 27 Packet Pg1178, 16D@6d -' The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost E 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 4.33 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 d 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 m 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 ca 4.34 As provided in § 287.133, Florida Statutes by entering into this agreement or performing any o work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, Q subcontractors and consultants who will perform hereunder, have not been placed on the `t convicted vendor list maintained by the State of Florida Department of Management Services allo o> within the 36 months immediately preceding the date hereof. This notice is required by §287.133 (3)(a),Florida Statutes. c http://www.lawserver.com/law/state/florida/statutes/florida statutes 287-133 °' 4.35 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 r Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal } grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a y 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 s Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award m documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under m grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. To 4.36 Travel reimbursement will be based on the U.S.General Services Administration(GSA)per diem rates in effect at the time of travel. w; Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 5 Immokalee Sidewalk/Streetscape Project Page 28 Packet Pg. 11791, ,66 a6•.66Fd 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statutes 713.20,Part 1,Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- Q 0799/0713/0713.html C9 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida statutes_119-021 4.40 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html x 0 �a 0 (Signature Page to Follow) a N CO O) T C C E C a ti w C) N LL C a. C 0 C N -. cri C C Y 3 a in Q v as d Y 0 E E Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project r3.� Page 29 Packet Pg.'1180 16 D6 du" IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. a, ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA t7 By: ,Deputy Clerk DONNA FIALA,CHAIRMAN Date: co COLLIER COUNTY COMMUNITY Dated: REDEVELOPMENT AGENCY(IMMOKALEE) ° (SEAL) By: ° Tim Nance,Chairman, Q N 03 of Date: E Approved as to form and legality: ti Jennifer A.Belpedio Assistant County Attorney N W Date: a I as o .l1-) a, ca Ta re m Co _ of I fn Q II d i Y �I E !� E � Immokalee Community Redevelopment Agency a' E CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project Page 30 Packet Pg. 1181 6D.6d ` PART V a=i EXHIBITS a) EXHIBIT A ca INSURANCE REQUIREMENTS The SUBRECIP1ENT shall furnish to Collier County, do Community and Human Services Division, .- 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing a) CL insurance coverage that meets the requirements as outlined below: 1 cn 1. Workers' Compensation as required by Chapter 440,Florida Statutes. x 2. Commercial General Liability including products and completed operations insurance in the ra amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown 'o as an additional insured with respect to this coverage. a 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in co 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 c insured. m DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: co 0 N 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 a 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 c=a insured. �a CONSTRUCTION PHASE(IF APPLICABLE) y In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its cc Subcontractors to provide original certificates indicating the following types of insurance coverage prior c.) to any construction: ai Cu 0 E E Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 .Ec Immokalee Sidewalk/Streetscape Project w� Page 31 Packet Pg,1182 16D_6d;s r-. 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) N 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. 0. 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 co o> as an additional insured with respect to this coverage. 4 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 lv for combined Bodily Injury and Property Damage. Collier County as an additional insured. r- 10. 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. a ca 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. c as � a) Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 .c Immokalee Sidewalk/Streetscape Project l° Page 32 `t Packet Pg.1183 6066 N w EXHIBIT B a) COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT .r ca ♦L^ v I y+ SECTION I:REQUEST FOR PAYMENT m Subrecipient Name: d Subrecipient Address: Project Name: Project No: Payment Request# c'n Total Payment Minus Retainage Period of Availability: through z Period for which the Agency has incurred the indebtedness through c �a SECTION II: STATUS OF FUNDS 2 Grant Amount Awarded $ a Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum of Pastco Claims paid on this Account $ Q1 Amount of Previous Unpaid Requests $ +. Amount of Today's Request $ 10%Retainage Amount Withheld $ Current Grant Balance (Initial Grant Amount a.•^•\ Awarded Less Sum of all requests) $ Q rr I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIP1ENT. To the best of my knowledge and belief,all grant requirements have been followed. u. c. ca Signature Date Title c as Authorizing Grant Coordinator Authorizing Grant Accountant To a) Supervisor Division Director -a A roval required$15,000 and above) (Approval Required$15,000 and ( PP q ui qabove) t) O os O E E Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 U^ Immokalee Sidewalk/Streetscape Project Page 33 a Packet Pg:1184 16 D.6:d w EXHIBIT C ami m QUARTERLY PERFORMANCE REPORT DATA GENERAL co 'LR Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance m Reports. The County reports information on a quarterly basis.To facilitate in the preparation of such reports, Subrecipient shall submit the information contained herein within ten (10)days of the end of each calendar quarter. cc .si QUARTERLY PROGRESS REPORT Sub-recipients:Please fill in the following shaded areas of the report Agency Name: Immokalee CommunityRedevelopment Agency Date: O Project Title: Immokalee Sidewalk/Streetscape Project O> Alternate Program Contact: James Sainvilus,Project Manager Contact: d E Telephone Number: (239)239-269-6958, a> 15) Activity Reporting Period Report Due Date October 1w-December 31° January 10th January 31"—March 31" April 10th c April 1"—June 30th July 10"' > July 1 a—September 30th October 10th W a ca Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. N a> t6 A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. to Outcome it:Construction of sidewalks,replacement or installation of site furnishings including but not v limited tolitter receptacles,benches,landscaping,associated existing storm water system enhancements, C permitting,construction inspection services, contingencies and any other associated activities needed to complete the sidewalk and'streetsoape project. E E Outcome 2: Project complete and National Objective achieved and documented:LMA 4e;c _ m Immokalee Community Redevelopment Agency i-oCD 16-008 IDIS#546 .mmokalee Sidewalk/Streetscape Project Page 34 Packet Pg. 1185 16p Q 6.d w s La B.Goal Progress:Indicate the progress to date in meeting each outcome goal. ,7" '13i1"171r”7 ii 2. s3 : -,, E 3 , . �, ' e ..., u CLt er � ., a ,'� ¢ 1 ' d a , ., F i' CI D ❑ ❑ O Yes No to O L If no,explain: 0. a. Q N op O> r- 4,1„..!:t,'F'esrhi, 2:14,----,aceAvItitivytt3i,iiiggii,- isr,„,,,,T-ti,,,,, } ,,,, : i,4 ,- -,,, , ,,, , c • a. ...now have new access(continuing)to this service or benefit? C N. b. ..now has improved access to this service or benefit? b. ...now has improved access to this service or benefit? 0 e N c. ...now receive a service or benefit that is no longer substandard? 0 LL am a. TOTAL: 0 co v u) r 'tea 34# ' 4� 3 'hn 1 J > a 'sUi ,fi�, 4. kirk 4440; ,;e M��• "'t' .aA € a a ' a - �•t �� 2S� Yt5 s Ott �AA a+ �,a.. ✓« , «. :.,_.�.x,S.. -1,-2....t22......,...,.....,.v,...,...,..2.2„,,,.....-_-°,-- Zz3".2E e` ai,,,�.� «,za r'.t Other Consolidated Plan Funds CDBG as Y Other Federal Funds ESG 3 d State/Local Funds HOME Q Total L) V Entitlement ami Total Other Funds $ 0.00 Funds $ 0.00 �a 0 E E C N Immokalee Community Redevelopment Agency .9•—• CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project =.,, Page 35 Packet Pg 1186 16.D.6.d o,3 : a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 C1 c. Total No.of families served: Total No.of female head of household: 0 4 S.F as tic, g ` .mAA byq. .t y _aRl F 3 L a. Total No.of adult females served: 0 Total No.of females served under 18: 0 " b. Total No.of adult males served: 0 Total No.of males served under 18: 0 0) - � I TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No.of female head of household: 0 W O I Complete EITHER question#7 OR#8. Complete question#7 If your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question if any client In your program does not fall Into a Presumed Benefit category. _ p0 NOT COMPLETE BOTH QUESTION 7 AND 8 O 7. n 1a1 e Firmr,_. P. Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served since October 1 who fall Into each presumed benefit category since October 1 who fall Into each Income category(the total 12 (the total should equal the total in question#6) should equal the total in question#6) REPORT AS: REPORT AS: tV 0 Abused Children Homeless 0 Extremely low Income(0-30%) co Qo 0 Person Battered 0 Low Income(31-50%) 0 Battered Spouses 0 Moderate Income(51-80%) 0 Persons w/HIV/AIDS 0 Above Moderate Income(>80%) O /1\ 0 Elderly Persons lU 0 Veterans tT1 0 '. ChronicallylMentally III 0 Physically Disabled Adults 0 Other-Youth ' L N TOTAL: 0 TOTAL: 0 )- LL. W O. cos V Cl) 0) d 4.. C co 0) f!) lY I U a i O E E C a) Immokalee Community Redevelopment Agency .Ee t-^•` CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project a Page 36 Packet Pg. 1187 '16�Q 6d. EXHIBIT D m INCOME CERTIFICATION Q INSTRUCTIONS Els Complete form, and retain appropriate supporting documentation,to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. s3. Effective Date: A. Household Information co Member Names—All Household Members Relationship Age 1 0 irs2 3 0. 0. 4 5 N 6 7 c 8 m^ B. Assets:All Household Members,Including Minors a ti Member Asset Description Cash Value Income from Assets 1 >- 2 0 3 cc 4 m 5 6 7 8 0.00 'C Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 ° If line B(a)is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) w 0 E E c 0 Immokalee Community Redevelopment Agency .c� CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project 4 Page 37 Packet Pg' 1188. I6.D.6.d C. Anticipated Annual Income: Includes Unearned Income and Support Paid on m Behalf of Minors E m I 0 1 Member Wages/ Benefits/ Public Other a Salaries Pensions Assistance Income c (include tips, Asset L commissions, Income c bonuses,and d . overtime) (Enter the Q- 1 greater of C 2 box B(b)or .a 3 box B(c), =cn j 4 above,in p j box C(e) m below) c 5 6 ra 7 0 L 8 Q- 0. Totals (a) (b) (c) (d) (e) `t 0.00 0.00 0.00 0.00 CNICO CO Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. c m D. Recipient Statement: The information on this form is to be used to determine maximum E �` income for eligibility. I/we have provided, for each person set forth in Item A, acceptable 6 verification of current and anticipated annual income. I/we certify that the statements are true .4 and complete to the best of my/our knowledge and belief and are given under penalty of h. perjurm y 0 N WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations }u. concerning income and assets or liabilities relating to financial condition is a misdemeanor of the Q. first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083. a .1 .12 L U Signature of Head of Household Date c 0 Y_ To d Signature of Spouse or Co-Head of Household Date z' m I a ce v Adult Household Member(if applicable) Date o 7a 0 E E Adult Household Member(if applicable) Date c 0 Immokalee Community Redevelopment Agency .EE ('-'• CD 16-008 IDIS#546 c Immokalee Sidewalk/Streetscape Project Q Page 38 Packet Pg. 1189; I 6.D 6.d$ E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: a) ❑ Very-Low Income(VLI)Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). .2 a) 0 Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Moderate Income(MOD)Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of 2 Housing and Urban Development with adjustments for household size. a (Maximum Income Limit$ ). a0 Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County,Florida. Signature of the CDBG Administrator or His/Her Designated Representative: 4 Signature Date N LL. Printed Name Title 0 F. Household Data Number of Personsro By Race/Ethnicity By Age Native American Hawaiian or Other 0— 26— 41— 'a Indian Asian Black Other Pac. White 25 40 61 62+ Islander Hispanic -a u) Non- Hispanic V a) a) NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical Y use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG progra c a> Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 Immokalee Sidewalk/Streetscape Project c� Page 39 Packet P4. 1190 16D6;df EXHIBIT E mm ca ANNUAL AUDIT MONITORING REPORT E a Circular 2 CF 200.500 require y monitor subr gents l a e s+ brecipients�alp � i th res la •< alt ire ents' t e a a s ha a C7 ap priate r dcA a -. 4, ` provide '-, y�) � R� ` � � �1 ..) � ' .: � � b � anrzat�cin� �� G . F ,ii '� i �� y r r f kflivd In etermint � e�� ds xpendz - ; ;E x"i fir, the , . slide alsource a awards 'a 4 w based<on ?:;, the ac �„re�ed tc3, a ¢nal and occurs; F.,„0,991r-y eller' away - d b Collier .o Co"uinty The de�termin tion of amok �1 wards a .e shall in acro a uid guidelines established b a "Crt lar A 33 f ' � yr a ° ninq Q $ o er 26. • �- s ed`by 2 3 �t t t a �� a :tits Sin he a o 1 g Ttt► O forxr�.{tray b sekt d to rt1 � ri da i � r �� ulir ' tensa � E kgs �' Y .,',I,:`X ' t � s�t Prt'* r ii ri'tf.r fic`u.�`a'` t lA e i Subre�Tent Im okalee 8 ee` � ¢: y �,9 . ': � -T o p P �£ .'`�, -x" 6+ x � �r��t� �r 4 a 6 E� � as .� > r s t x Fi",. Q `a a t ,,, .:^... i.'R,.a & `�yu au * 3 r'i r - r; a s E): 06 First to of Fisca r(Mtl ..p ,,,t ,,, L -— F ,", ) I Yea ,� D � 4 e, _, 4 o �3� � .'.� "�°�'E �.� +rs n..y f�,� � �� .t S°�, rc�`7� .,�P�',��' "'fo ��4'�;�g*y�� * � +.^�,� ��va rr '��' Q a ��, ��'4'''''''-'' x � �. �' �a ,� ,r ,� �E,is '�kis�`St v�laa �'��§�.�. �'4�. '�'� � A'3'� ems, ''a 4«� .� � Q Tota F a1 Financial - y® T to tat ,, - ',o tn 4 t 4 Burin.a st recent , e r m ey� _ e i•4717.0:414:44- o x+ z �. a ' .,:: X,f sF . ^ n ��! d lltsfi 'i. $ � Check A. or B. Check C if applicable d �., A. The Federal/State expenditure threshold for our fiscal year ending as!indicated above has been Fl met and a Circular,A-133 or 2 CFR Part 200,Subpart-F Single Audit.has been completed or will be. a completed by Copies;of the audit report and management letter are attached or: ti will be provided within 30 days of completion. . . B. We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart-F o because we; ❑ Did not,exceed the expenditure threshold for the fiscal.year indicated above ❑ Are a for-profit organization ❑ Are"exempt for otherreasons--explain_ �, An audited financial statement is attached and if applicable,the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate:from the written response provided within the audit reports.While we understand" ❑ that the audit report contains a written response:o the.finding(s),we are,!requesting an updated • Y status of the corrective action(s)being taken. Pleasedo not provide just a copy of the written response.from your auditlreport, unless it includes details of the actions, procedures, policies, etc, implemented and'when it was or will;be implemented. cn cc Certification Statement hereby ertif #1-`�� a in�ato e � 1 � y4_ , c d arc r ... �..�". '.'�` ,,,-;�; � ''zq �. xr *,s it': .;ink . i §:. o,, ... .�`ttifi�+ , .,: k.., h ;.,t'.xr' a? �' ., ,`; �.� '. Signature Date E Print Name and Title E c a) E Immokalee Community Redevelopment Agency CD 16-008 IDIS#546 I° Immokalee Sidewalk/Streetscape Project Q Page 40 Packet Pg. 1191,' 16D6e' ; FAIN# M-11-UC-12-0217 ^` M-10-UC-12-0217 M-09-UC-12-0217 M-08-UC-12-0217 M-07-UC-12-0217 M-04-UC-12-0217 M-03-UC-12-0217 a, Federal Award Date 10/1/2016 Federal Award Agency HUD CFDA Name Home Investment c9 Partnerships(HOME) CFDA/CSFA# 14.239 Total Amount of $185,0000.1 Federal Funds Awarded .n Subrecipient Name Rock Island Economic co • Growth Corporation dba Economic Growth Corporation DUNS# 787639681 FEIN 36-3267851 R&D No ° a Indirect Cost Rate No Period of Performance 10/01/2016—9/30/2017 03 a> Fiscal Year End 12/31 Monitor End: 12/2017 AGREEMENT BETWEEN COLLIER COUNTY a, AND Rock Island Economic Growth Corporation dba Economic Growth Corporation cp Homebuyer Education and Acquistion Assistance Program .Q THIS AGREEMENT is made and entered into this day of ,2016,by and o between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") y having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "Rock Island Economic Growth Corporation dba Economic Growth Corporation"a private not-for-profit corporation existing under the laws of the State of Florida,having its principal office at 10150 Highland Manor Drive,Suite N 200,Tampa,FL 33610. 2 0 WHEREAS,the COUNTY is the recipient of HOME Investment Partnerships(HOME)Program .a funds from the United States Department of Housing and Urban Development(HUD)as provided by the Cranston-Gonzalez National Affordable Housing Act,as amended;and y WHEREAS,the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2016-2017 for the HOME Program on June 28,2016-Agenda Item 11E;and WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2016-2017 for the HOME Program and the use of the HOME funds for the activities 1 identified in the Plan;and Rock island Economic Growth Corporation dba Economic Growth Corporation HM16-0021DIS#550 Homebuyer Education and Acquistion Assistance Program Page 1 Packet Pg. 1192 16.D6e NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained,the Parties agree as follows: N w d E PART I coSCOPE OF WORK L j The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards E required as a condition of providing HOME funds, as determined by Collier County Community & •.1:1Human Services(CHS),perform the tasks necessary to conduct the program as follows: F CHS, as an administrator of the HOME program, will make available HOME funds up to the gross 3 amount of$185,000 to Rock Island Economic Growth Corporation dba Economic Growth Corporation to y fund Homebuyer Education, Project Delivery, Environmental Review and an Acquistion Assistance Program. Homebuyer Education requires each participant receive a minimum of eight (8) classroom ,� education hours and two(2)hours of one on one counseling. Program provides acquisition assistance up to the HOME Maximum Per-Unit Subsidy Amount per Household. Project Delivery is to assist borrower c through acquisition process and completion of environmental review. Eligible households must be at or Lo. below 80%of the Area Median Income of Collier County. Q N 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the E project. B. The following resolutions and policies must be adopted by the SUBRECIPIENT's governing body within thirty(30)days of conveyance: 1. Affirmative Fair Housing Policy g 2. Marketing Plan 3. Affirmative Action/Equal Opportunity Policy 4. Conflict of Interest Policy co 5. Equal Opportunity Policy N 6. Residential Anti-displacement and Relocation Policy,if applicable g 7. Sexual Harassment Policy 8. Procedures for meeting the requirements set forth in Section 3 of the Housing and a Urban Development Act of 1968,as amended(12 U.S.C.794 1 u),if applicable N 9. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.794),if applicable o 10. Fraud Policy c E o 1.2 PROJECT DETAILS Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-0021DIS#550 Homebuyer Education and Acquistion Assistance Program Page 2 Packet Pg. 1193 ,16 D.6 e 4 Improvements Federal Funds Match Project Component 1:Homebuyer Acquistion $153,850 Project Component 2: _Homebuyer Education ($350 per $4,000 closing a) Project Component 3: Project Delivery $27,150 R Project Component 4: Match $46,250 m i Grand Total $185,000 $46,250 et 10. Fraud Policy si th 0 r.. 1.2 PROJECT DETAILS es A. Project Description/Project Budget 2 a ct FY2016-2017 Action Plan identified and approved the Project to perform the tasks necessary •• to conduct the program as follows: o Financial Assistance to Homebuyers: Households may be assisted through homebuyer education �^ and acquisition assistance. a) a) Project delivery: To assist eligible homebuyers through the acquisition process and to complete a the environmental review of each assisted property. The SUBRECIPIENT will accomplish the following project tasks: Project Tasks ti ca 1. Maintain documentation on all households served in compliance with 24 CFR c 92.508. w 2. Provide Quarterly reports on project status and meeting a eligible activity. 0 O 3. Required attendence by the CEO, CFO, or Executive Director at each Quarterly •ocl Partnership Meeting,as applicable. 4. Provide Environmental Review Assessment for each assisted property N 5. Provide homebuyer education and counseling to qualified homebuyers ($350 per c closing) 6. Provide acquisition assistance up to the HOME Maximum Per-Unit Subsidy Amount per 24 CFR 92.250 ca B. Income Requirements q .. e Rock Island Economic Growth Corporation dha Economic Growth Corporation HMI6-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 3 Packet Pg.. 1194 16.D.6.e D. Performance Deliverables The Following Table Details the Project Deliverables ii Program Deliverable Deliverable Supporting Submission Schedule m Documentation 1(1) Special Grant Condition Policies Policy Documents Within thirty (30) days of (Section 1.1) Agreement Execution Q HOME Match Requirement Documentation of Match Quarterly,as identified a SUBRECIPIENT Activities 6 HQS Inspections Inspection Form Prior to Acquisition c Insurance Insurance Certificate,Exhibit A Annually within thirty (30) days 6. of renewal Detailed Project Schedule N/A N/A 04 Project Plans And Specifications NA NA a Income Documentation Exhibit D Submitted with each request for o reimbursement n Submission of Progress Report Exhibit C g p Quarterly Reports c Ta Financial and Compliance Audit Exhibit E Nine(9)months after FY end o Continued Use Certification Annual review of properties and Annually no later than Q proof of homestead September 30 throughout the ct period of affordability as termed cv by HOME investment co I Reimbursement Request Exhibit B Monthly w C a) E. Payment Deliverables m The Following Table Details the Payment Deliverables a c Payment Deliverable Payment Supporting Submission Schedule a Documentation '5 Project Component One: Contract, Closing Disclosure, Submission of monthly invoices 5 Funding costs will include but Certificate of Occupancy, if coo not limited to the following aspplicable, Income Certification expenses:Acquisition assistance Form, Appraisal, HQS Inspection, Promissory Note, N Program Agreement with tu Homebuyer, Mortgage, p Enviornmental = c Project Component Two: Sign in sheet for class and one- N Homebuyer Education and on-one sessions, Hombuyer Counseling Education Certification ($350 per re closing) Project Component Three: a0i Project Delivery and Payroll, timesheets, bank E Enviornmental Review statements ��.i1 z Q Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 4 Packet Pg.1195 ............................... .1}6.D6e 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 1st day of October 2016 and end on the c September 30,2017.Project activities shall be completed by 2017. The term of this Agreement and the E provisions herein may be extended by amendment to cover any additional time period during which the d SUBRECIPIENT remains in control of HOME funds or other HOME assets,including program income. Q However,no program costs can be incurred until an environmental review of the proposed project is completed,and approved by HUD. Further,the Subrecipient will not undertake any activity or commit 6 any funds prior to the HUD environmental clearance of funds and a CHS Notice to Proceed(NTP)letter. d Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 'Q- 1.4 AGREEMENT AMOUNT rx .o c The COUNTY agrees to make available ONE HUNDRED EIGHTY FIVE THOUSAND N DOLLARS ($185,000.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter,the aforestated amount including,without limitation, any additional amounts included thereto c as a result of a subsequent amendment(s)to the Agreement,shall be referred to as the"Funds"). To 0 Modifications to the `Budget and Scope" may only be made if approved in advance by the c COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10% and Q does not signify a change in scope. Fund shifts that exceed 10%between project components shall only N be made with Board approval. o r SUBRECIPIENT is required to competitively bid and must ensure that every purchase order or a contract executed for federally-assisted projects comply with all other Federal requirements and E applicable LABOR provisions. SUBRECIPIENT must include in each contract HUD form 4010 when contracting for services or goods related to a Federal award. a Match Pursuant 24 CFR 92.218 a0i Match is required for HOME funds. The SUBRECIPIENT is required to provide match funds whens identified as an eligible source, such as contributions to housing activities that qualify as affordable °_' housing under the HOME program throughout a fiscal year. Contributions that have been or will be c co counted as satisfying a matching requirement of another Federal grant or award may not count as t,, satisfying the matching contribution requirement for the HOME program. Pursuant to Florida m administrative Code 67-37.007 the State Housing Initiatives Partnership Program funds may be used as c required match for HOME eligible activities. N w The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon = completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT c may not request disbursement of HOME funds until funds are needed for the payment of eligible costs, 0 and all disbursement requests must be limited to the amount needed at the time of the request. However, invoices for work performed are required every month. SUBRECIPIENT may expend funds only for o allowable costs resulting from obligations incurred during the term of this agreement. If no work has ce j been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required c backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 E invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work .ci progresses but, not more frequently than once per month. Reimbursement will not occur if 0 SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Q Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 5 Packet Pg. 1196 5M I6.D.6 e s-� Final invoices are due no later than 90 days after the end of the agreement,with the exception of retainage which may be held beyond the end date of the agreement until all deliverables are met. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. E i The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal ., letter to the Subrecipient and reported to the Board on a quarterly basis. cNo payment will be made until approved by CHS 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 re Government Prompt Payment Act." 1.5 COST PRINCIPLES D x Payments to the Subrecipient are governed by the Federal grants management rule for cost allowability found at 2 CFR 200 Subpart E - Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as described in 2 CFR 200.93. 2 Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement a shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient can only incur direct costs that may be attributed specifically to the projects referenced csi above, as defined in 2 CFR 200.413. The Subrecipient must provide adequate documentation for o �--, validating costs incurred. Payments to Subrecipient's contractors and vendors are conditioned upon Y compliance with the procurement requirements provided for in 2 CFR 200.318.Allowable costs incurred by the Grantee, nonprofit recipients,and procured private contractors shall be in compliance with 2 CFR 200 Subpart E - Cost Principles. A Developer is not subject to 2 CFR 200 Subpart E, however the L County is Subject to 2 CFR 200 Subpart E and may impose requirements upon the Developer in order for Q the County to remain compliant with its obligation to follow 2 CFR 200 Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail(postage prepaid), coo commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice N 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 p indicated below,unless otherwise modified by subsequent written notice. c COLLIER COUNTY ATTENTION: Jody Paley,Grant Coordinator �, Collier County Government .� Community&Human Services Division 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 mai.lto:jodypaley@coll.iergov.net Phone:239-252-2903 Q SUBRECIPIENT ATTENTION:Brian Hollenback, Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 6 Packet Pg. 1197 President Rock Island Ecomonic Growth Corporation dba Economic Growth Corporation 10150 Highland Manor Drive, Suite 3200 41,) Tampa,FL 33610 mailto:brian@teamrockisland.com a) Phone:309-788-6311 +6' cti CD a) re To cI N CO a) E a) C cc ..E. .o C N w 2 0 -a c CC 77) 0 Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 7 ''PaRl$0,F,!0.1198 16 D:6.e PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its a) 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 and in compliance with 24 CFR 92.504. c Any deficiencies noted in audit reports must be fully cleared by the Grantee, SUBRECIPIENT,or Developer within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of re future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits and 2 CFR 200.501. co o � The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION c. Q. The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 92.508 to determine compliance with the requirements of this Agreement, the HOME Program and all other co applicable laws and regulations. This documentation shall include,but not be limited to,the following: A. All records required by HOME regulations. a) a) B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily a+ would be required by COUNTY in order to perform the service. c C. All reports, plans, surveys, information, documents, maps, books,records and other data CL procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for L. the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS.Materials identified ,. in the previous sentence shall be in accordance with generally accepted accounting , principles (GAAP), procedures and practices, which sufficiently and properly reflect all c revenues and expenditures of funds provided directly or indirectly by this Agreement, w including matching funds and Program Income. These records shall be maintained to the 2 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. w D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if 04 requested.In any event,the SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible,permanent and secured location for five(5)years E j after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5)year period, the records will be Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 8 Packet Pg. '1194 6.11;6.e- maintained 6 emaintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed, in writing, if an agency ceases to exist after closeout of this Agreement,of the address where the records are to be kept,as outlined in 2 CFR 200.336. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the °' SUBRECIPIENT upon termination of the contract, and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure Q 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 c eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the fmal arbiter 'o on the SUBRECIPIENT's compliance. a G. SUBRECIPIENT shall provide the public with access to public records on the same ;; CO 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 •E/"."\ ca exempt from public records disclosure requirements are not disclosed, except as m authorized by law. a) 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit E)to the COUNTY no later than nine (9) months after the Single Audit(or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the Subrecipient's fiscal to year end.The COUNTY will conduct an annual financial and programmatic review. ccs The SUBRECIPIENT agrees that CHS will carry out no less than one (1) annual on-site N monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, they may impose a reasonable monitoring charge. Fees are based on average staff time and costs of materials. 0 Ongoing monitoring fees may be included in the project underwriting. In addition,the COUNTY shall at a minimum, conduct inspections every two years in accordance with 24 CFR. 92.504(d)(i) and HQS R inspections shall be completed in accordance with 24 CFR 92.209(i). Also,at the COUNTY's discretion, v, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. z Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 9 Packet Pg 1200 I 16.D.6.e T' The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,waste,abuse,or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws,regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. 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. SUBREC1PIENT 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. E 2.4 PREVENTION OF FRAUD AND ABUSE a) SUBRECIPIENT shall establish,maintain and utilize internal systems and procedures sufficient to prevent,detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and ct to provide for the proper and effective management of all program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent waste, fraud and abuse. o. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of a the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. co 2.5 CORRECTIVE ACTION a) E 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, Community &Human Services (CHS) •� has adopted an escalation policy to ensure continued compliance by recipients, SUBRECIPIENTs,or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: cn 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 Division within 15 days following issuance of the report. o Any pay requests that have been submitted to the Division for payment will be held until = the corrective action plan has been submitted. -a o CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. ce 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the a' Division. .Ec ° Rock Island Economic Growth Corporation dba Economic Growth Corporation 11M16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 10 Packet Pg. 1201 61116.e o The County may require upwards of five percent (5%) of the award amount be returned to the Division,at the discretion of the Board of County Commissioners. o The entity may be considered in violation of Resolution No.2013-228 m 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue m that was previously corrected,and has been informed by the Division of their substantial non- compliance by certified mail;the Division may require a portion of the awarded grant amount or the amount of the HOME investment for acquisition of the properties conveyed, be returned to the Division. c� o The Division may require upwards of ten percent(10%)of the award amount be returned to the Division,at the discretion of the Board of County Commissioners. ec o The entity will be considered in violation of Resolution No.2013-228 co4. If in the case after repeated notification the Entity continues to be substantially non- compliant,the Division may recommend the contract or award be terminated. To o The Division will make a recommendation to the Board of County Commissioners to c immediately terminate the agreement or contract.The Entity will be required to repay all o. funds disbursed by the County for project that was terminated.This includes the amount invested by the County for the initial acquisition of the properties or other activities. Co os o The entity will be considered in violation of Resolution No.2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non-compliant, the E above sanctions may be imposed across all awards at the County's discretion. L rn 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this .`c Agreement as deemed necessary by the County Manager or designee. ti During the term,SUBRECIPIENT shall submit quarterly progress reports to the,COUNTY on the (1) 10`'' 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 w 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"C". _ Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program . N 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. as Q Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 11 Packet Pg. 1202 16.D.6.e PART III TERMS AND CONDITIONS N 3.1 SUBCONTRACTS E No part of this Agreement may be assigned or subcontracted without the written consent of the a, COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment. `t c Ia 3.2 GENERAL COMPLIANCE t The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of c. Federal Regulations,Part 92—HOME Investment Partnerships Program Grants, including subpart H of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 93.352 and(2)the SUBRECIPIENT does not assume the recipient's on responsibility for initiating the review process under the provisions of 24 CFR Parts 50 and 58. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise �a available. 2 Q. HOME FINAL RULE PROVISION: Due to the implementation of the HOME Rules Published on ct 7-24-13,aII new applicable regulations apply and are hereby incorporated by reference. co o) 3.3 INDEPENDENT CONTRACTOR m j Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an independent contractor of the County with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment c Compensation,FICA,retirement,life and/or medical insurance and Workers' Compensation Insurance,as the SUBRECIPIENT is independent of the County and a employer/employee relationship will not be created. U) 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 w authorized representative of each organization, and approved by the Grantee's governing body. Such 0 amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT = from its obligations under this Agreement. ca N 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 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. Rock island Economic Growth Corporation dba Economic Growth Corporation HM16-002INIS 4550 Homebuyer Education and Acquistion Assistance Program Page 12 Packet Pg. 1203 16 D.6.e Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time ^• period, the COUNTY Manager or designee may, subject to HOME program requirements, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to , 77) reflect the extension. m 3.5 AVAILABILITY OF FUNDS B, a The parties acknowledge that the Funds originate from HOME grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing HOME funds pertaining to this Agreement.In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the •Q, 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 y 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 c released from any further liability to SUBRECIPIENT under the terms of this Agreement. > 3.6 INDEMNIFICATION a To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold N harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, a 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, E 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 a 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 ti 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 c termination of this agreement. `N' 2 3.7 GRANTEE RECOGNITION/SPONSORSHIPS 0 The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public cn notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: re "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) a) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" ca Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IBIS#550 Homebuyer Education and Acquistion Assistance Program Page 13 Packet Pg. 1204 I6 D6 e_ 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 a) In accordance with 2 CFR 200.339, 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. L However, if in the case of a partial termination,the Grantee determined that the remaining portion of the t9 award will not accomplish the purpose for which the award was made, the Grantee may terminate the m award in its entirety. a> 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; 0 B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner a its obligations under this Agreement; a C. Ineffective or improper use of funds provided under this Agreement; cco D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect; E d E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement;and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. rn In the event of any default by SUBRECIPIENT under this Agreement,the County may seek any (10 combination of one or more of the following remedies: w A. Require specific performance of the Agreement,in whole or in part; B. Require the use of or change in professional property management; etsC. Require immediate repayment by SUBRECIPIENT to the County of all HOME funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E E. Stop all payments until identified deficiencies are corrected; ea i 4 � Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 14 Packet Pg..1205`; 16136. 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. cu 3.9 REVERSION OF ASSETS a , In the event of a termination of this Agreement or upon expiration of the Agreement and in 1E addition to any and all other remedies available to the COUNTY(whether under this Agreement or at law or in equity), and the SUBRECIPIENT has not provided the required end use beneficiaries, the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of- o. termination(or expiration)and any accounts receivable attributable to the use of HOME. a The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right(nor excuse SUBRECIPIENT's obligation)to recoup all or any portion of the funds, as the COUNTY may deem necessary. The County will enforce affordability for the property through deed restrictions upon completion of the ° project. > 0 L a. 3.10 INSURANCE a SUBRECIPIENT chail not commence any work and/or services pursuant to this Agreement until co all insurance required under this Section, outlined in Exhibit"A", and 2 CFR 200.310 has been obtained, and carried,at all times during its performance. 47°"\ 3.11 ADMINISTRATIVE REQUIREMENTS d The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work(Part I),the Uniform Administrative Requirements for Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the HOME funds :Q- (24 CFR 92 et seq.). L.n 3.12 PURCHASING SUBRECIPIENTS are required to follow Federal Procurement standards at(2 CFR 200.318 through.326). SUBRECIPIENTS must also follow COUNTY purchasing thresholds in accordance with the table below: w 0 Range: Competition Required -a $0-3,000 1 Written Quote $3,000-10,000 3 Written Quotes $10,000-50,000 3 Written Quotes $50,000+ Bids,Proposals,Contracts(ITB,RFP,etc.) a) All improvements specified in Part I. Scope of Work shall be performed by Subrecipient o employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The Subrecipient shall enter into contracts for a Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 15 Packet Pg. 1206 '166*' improvements with the lowest,responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. Tris 3.13 PROGRAM-GENERATED INCOME a) No Program Income is anticipated. In the event there is Program Income derived from the use of a, HOME funds disbursed under this agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the HOME Investment Partnership Program.Any"Program Income"(as such L term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT t9 funded by HOME funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 'c. 24 CFR 92.503(a) in the operation of the Program. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's HOME Program, for further reallocation. to 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the County after the five or 10 year c affordability period has been met. 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 N custodianship of records.In addition to the records retention outlined in Section 2.2,the SUBRECIPIENT o 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 e. stringent law being applied such that the record must be held for the longer duration. Any balance of E j 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 SUBRECIPIENT will B. record a Mortgage and Promissory Note for each property upon completion of each HOME unit purchase. . i 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE co ti I 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 N 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. 2 O x 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 `a 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 c Community Development Act of 1968. et 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS E ENTERPRISES Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-0021IA1S#550 Homebuyer Education and Acquistion Assistance Program Page 16 PacketPg. 1207 1GD6e4 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 17> 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 defmition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, a 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. t9 3.17 PROGRAM BENEFICIARIES Q. 0 Funds invested in dwelling units that are assisted with HOME funds must be occupied by re households that qualify as low-income(=<80%of AMI) at the time of purchase and occupy the property as a principal residence. 3.18 AFFIRMATIVE ACTION = 0 The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's o specifications an Affirmative Action Program in keeping with the principles as provided in President's o. 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 co Affirmative Action will need to be updated throughout the affordability period and submitted to County within 30 days of update/modification. E 3.19 CONFLICT OF INTEREST as LD L css The SUBRECIPIENT covenants that no person under its employ who presently exercises any c functions or responsibilities in connection with the Project, has any personal financial interest, direct or a indirect,in the Project areas or any parcels therein,which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 92.356(f) "Conflict of Interest", 2 CFR 200.318, and the State and County ti statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of (.1) interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably w 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. i 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 re 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 .EE conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so an not to Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 17 Packet Pg. 1208 16 D6we 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 m ' HOME funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 92.257. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: ca a. It will not discriminate against any employee or applicant for employment on the basis of c9 religion. and will not limit employment or give preference in employment to persons on the basis of religion. ii e b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition,practice and expression of its religious beliefs, provided that it does not use direct HOME funds to support any inherently religious activities, To such as worship,religious instruction or proselytizing. 'o a d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to a the extent that those structures are used for inherently religious activities.Where a structure is used for both eligible and inherently religious activities, HOME funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to HOME funds in this part. Sanctuaries, chapels, or other rooms that a HOME funded religious • E congregation uses as its principal place of worship,however,are ineligible for HOME funded L improvements. Q 3.21 INCIDENT REPORTING a If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child, aged person,or disabled adult to the County. 3.22 SEVERABILITY L1.1 Should any provision of the Agreement be determined to be unenforceable or invalid, such a 2 determination shall not affect the validity or enforceability of any other section or part thereof. _ _ N • Y i v O � I 4- _ N E t U • 9 • Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 18 Packet Pg.1209,'`, 16:10;6.e-- PART IV GENERAL PROVISIONS U, m 4.1 24 CFR 92 as amended-All the regulations regarding the HOME program http://www.ecfr.gov/cgi-bin/text- idx?SID=c6cee34b7aab 1 a869c49c1091 cf69e98&node=24:1.1.1.1.41&rgn=div5 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: 0 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl..=/ecfibrowse/Title24/24cfr58 main 02.tpl 'EL 4.3 Title II of the Cranston-Gonzalez National Affordable Housing Act(42 U.S.C. 12701 et seq.). Regulations at 24 CFR part 92. z 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act. http://wwwv.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/FHLaws/EX 011063 E.O. 11259-Leadership&Coordination of Fair Housing in Federal Programs a http://www.archives.gov/fedeaalaregister/codification/executive-order/12259.html a 24 CFR Part 107-Non Discrimination and Equal Opportunity in Housing under E.O. N http://www.law.cornell.edu/cfr/text/24/part-107 co 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as as amended E http://portal.hud.gov/hudportal/HUD?sre=/prozram_offi ces/fair housing equal_opp/progdesc/titl e8 4.6 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which prohibits a discrimination and promotes equal opportunity in housing. m .165 4.7 Executive Order 11246al Employment Opportunity"), ( Equ as amended by Executive Orders co 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted ti with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.govieeoc/history/35th/thelaw/eo-11246.html 0 EO 11375 and 12086: see item#8 below `V 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of = 1972,42 USC §2000e,et. seq. The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT,state that it is an Equal y l Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfin O 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 E 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 Rock Island Economic Growth Corporation dba Economic Growth Corporation Hdv116-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 19 Packet Pg.:1210 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 .8 disability exists that would prevent compliance with these requirements. m The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to as include the following language in all subcontracts executed under this Agreement: c "The work to be performed under this Agreement is a project assisted under a program providing cg direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of m 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 te,' 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." o The SUBRECIPIENT further agrees to ensure that opportunities for training and employment o 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- 2 and very low-income persons residing within the metropolitan area in which the HOME-funded project is located; where feasible, priority should be given to low- and very low-income persons Q 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 CO 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 E within the metropolitan area in which the HOME-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. 'a 5 The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfi.gov/cgi-bin/text- co idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135 main 02.tpl ti 4.10 Age Discrimination Act of 1975,Executive Order 11063, and Executive Order 11246 as amended c by Executive Orders 11375, 11478, 12107 and 12086. `N' Age Discrimination Act of 1975-http://www.dol.gov/oasam/regs/statutes/age_act.htm 2 11063:http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLa y ws/EX011063 -a 11246:http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375:Amended by BO 11478 u) 11478:http://www.archives.gov/federal-register/codification/executive-order/11478.htm1 0 12107:http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.htmI c m • 4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332. http://usaceengineerin.gpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-1001.2.htm a Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 20 ( Packet Pg. 1211 A; 1.'6.13'6a 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 92.251 Section 504: http://www.epa.gov/civilrights/sec504.htm 29 USC 776:http://law.onecle.com/uscode/29/776.html 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm a) 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended. a http://www.fhwa.dot.gov/realestate/ua/index.htm R 4.15 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use c� of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by HOME. (See 42 USC :. 276a and 24 CFR 135.11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in N whole or in part byLoans or Grants from the United States- http://www.law.cornell.edu/cfr/text/29/part-3 f http://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed c and Assisted Construction(Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) o http://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914-Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid-23675 4.16 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 aEi Development Block Grant Contracts. L as 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 5 Subpart A,as revised by Executive Order 13279. N E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 2 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. _ http://www.ncbi.nlm.nih.gov/pubmed/12289709 o v 4.19 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit ,Y requirements for Grants and Agrrments. 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc%history/35th/thelaw/.irca.html 4.21 Prohibition Of Gifts To County Employees-No organization or individual shall offer or give, Q either directly or indirectly,any favor,gift,loan,fee,service or other item of value to any County Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 21 Packet Pg 1212 1 16.D 6.e II "''� 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.lawsetver.com/law/state/florida/statutes/florida statutes_chapter 112jart iii Collier County- c http://bccspo I/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%20531 1.1%20 E Standards%20of'/o20 Con duct.pdf 0 a> 4.22 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 5 Contract Documents, except the terms of any Supplemental Conditions shall take precedence C.i over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be d 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 0 upon the Contractor at Owner's discretion. re Ili 4.23 Venue-Any suit of action brought by either party to this Agreement against- the other party N 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 c reference required for this item). 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this o. Agreement to resolve disputes between the parties,the parties shall make a good faith effort to a resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or N mediation shall be attended by representatives of SUBRECIPIENT with full decision-making co 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 c commencement of depositions in any litigation between the parties arising out of this Agreement, E 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 rn as required hereunder, the other party may obtain a court order requiring mediation under § c 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, as Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal "o- court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE L SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A y TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, ti THIS AGREEMENT. , http://www.flsenate.gov/Laws/Statutes/2010/44.102 0 N W 4.25 The SUBRECIPIENT agrees to comply with the following requirements: 2 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. •a W http://www.law.cornell.edu/uscode/text/33/chapter-26 o 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 0 and 24 CFR 58),the SUBRECIPIENT shall assure that for activities located in an area identified et by FEMA as having special flood hazards,flood insurance under the National Flood Insurance c Program is obtained and maintained. If appropriate,a letter of map amendment(LOMA)may be E obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood o insurance.http://www.ecfr.gov/cgi-bin/text- w Zi Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-002IOIS#550 Homebuyer Education and Acquistion Assistance Program Page 22 Packet Pg.1213 161©.6 e idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3.1.1. 3.4.11.1.6&idno=24 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at 24 CFR 92.355. m t) http://www.ecfr.gov/cgi- a bin/retrieveECFR?gp=&SID=5b2c2e6d7c954ff402dabfl99e87bdaf&mc=true&n=pt24.1.92&r=P L ART&ty=HTML#se24.1.92_1355 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in a) theNational Historic Preservation Act of 1966, as amended(16 U.S.C. 470) and the procedures 7) set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for re Protection of Historic Properties,insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm hftp://www.eckgov/c main 02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all o rehabilitation and demolition of historic properties that are fifty years old or older or that are a included on a federal, state or local historic property list. http://www.nps.gov/historv/local- law/nhpa1966.htm ri 4.29 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 E m 4.30 The SUBRECIPIENT certifies that neither it,nor its principals,is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 5 Subpart A. N c-- 4.31 4.31 The SUBRECIPIENT agrees to comply with 2 CFR 200 et seq, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and N maintain necessary source documentation for all costs incurred. w 2 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be = submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 N Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the Subrecipients fiscal year. Per 2 CFR 200.344,if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in m an audit after such closeout. E .c Clarification of Eligible Audit Costs Q The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 23 Packet Pg;1214 1 6.D.6e. "---,, 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/text124/92.206 d 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects E stated herein, and approved by the COUNTY in accordance with the Uniform Relocation m Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR. 24.101, shall be Q subject to the provisions of HOME including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control,which is acquired i or improved in whole or part with HOME funds in excess of$25,000,must adhere to the HOME 6 Regulations at 24 CFR 92.35.3 c http://www.fhwa.dot.gov/realestate/ua/index.htm . http://www.Iaw.cornell.edu/cfr/text/49/24.101 .3 re 4.34 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any t22'n work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, o subcontractors and consultants who will perform hereunder, have not been placed on the m convicted vendor list maintained by the State of Florida Department of Management Services c within the 36 months immediately preceding the date hereof.This notice is required by§ 287.133 ra (3)(a),Florida Statutes. 'o http://www.Iawserver.com/law/state/florida/statutes/florida_statutes 287-133 a. a 4.35 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, N to any person for influencing or attempting to influence an officer or employee of any agency, a o) Member of Congress, an officer or employee of Congress, or an employee of a Member of v ^` Congress in connection with the awarding of any Federal contract, the making of any Federal m grant, the making of any Federal loan, the entering into of any cooperative agreement, and the E extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. a If any funds other than Federal appropriated funds have been paid or will be paid to any person a 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 c complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance r` with its instructions. The undersigned shall require that the language of this certification be included in the award N documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under w grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and M disclose accordingly. _ 13 c ra 4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. e 0 Ix 4.37 Any rule or regulation determined to be applicable by HUD. w 4.38 Florida Statutes 713.20,Part 1,Construction Liens E http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- .ki cj 0799/0713/0713..html Z ct Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 I Homebuyer Education and Acquistion Assistance Program Page 24 Packet Pg. 1215 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/Forida statutes 119-021 U) c 4.40 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.O7.html Q ' ra c V c d Q U d 2 O Remainder of Page Intentially Left Blank O L a. co Cr) d E d O L t) c tv Q O d L z tQ cis h O N w 0 Z a c N V O 4.. m E V Rf Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 25 Packet Pg. 1216 16.D 6.e PART V HOME Requirements U, 5.1 Project Requirements for SUBRECIPIENTs w The SUBRECIPIENT is required to conform to the following requirements and regulations as a, stated below: 24 CFR 92.504(c)(3) ,.. (i) Use of the HOME funds. The agreement between the participating jurisdiction and a for- 0. profit or nonprofit housing owner, sponsor, or SUBRECIPIENT must describe the address of the ai project or the legal description of the property if a street address has not been assigned to the property, the use of the HOME funds and other funds for the project, including the tasks to be performed for the project, a schedule for completing the tasks and the project, and a complete budget. These items must be in sufficient detail to provide a sound basis for the participating jurisdiction to effectively monitor performance under the agreement to achieve project completion and compliance with the HOME requirements. 2 (ii)Affordability. The agreement must require housing assisted with HOME funds to meet a the affordability requirements of§92.252 or §92.254, as applicable, and must require repayment of the funds if the housing does not meet the affordability requirements for the specified time period. The affordability requirements in §92.252 must be imposed by deed restrictions, a) covenants running with the land, use restrictions, or other mechanisms approved by HUD under which the participating jurisdiction has the right to require specific performance. E (A) If the owner or SUBRECIPIENT is undertaking rental projects, the agreement must co establish the initial rents,the procedures for rent increases pursuant to §92.252(f)(2),the number of HOME units,the size of the HOME units, and the designation of the HOME units as fixed or floating, and include the requirement that the owner or SUBRECIPIENT provide the address •E (e.g., street address and apartment number) of each HOME unit no later than the time of initial occupancy. 1 to (B) If the owner or SUBRECIPIENT is undertaking a homeownership project for sale to homebuyers in accordance with §92.254(a), the agreement must set forth the resale or recapture requirements that must be imposed on the housing, the sales price or the basis upon which the sales price will be determined, and the disposition of the sales proceeds. Recaptured funds must be returned to the participating jurisdiction. p = I 13 (iii) Project requirements. The agreement must require compliance with project co requirements in subpart F of this part, as applicable in accordance with the type of project N assisted. The agreement may permit the owner to limit eligibility or give a preference to a particular segment of the population in accordance with §92.253(d). (iv) Property standards. The agreement must require the housing to meet the property aa) standards in §92.251,upon project completion. The agreement must also require owners of rental housing assisted with HOME funds to maintain the housing compliance with §92.251 for the duration of the affordability period. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 26 Packet Pg. 1217 E a X16 L;6 e (v) Other program requirements. The agreement must require the owner, SUBRECIPIENT or sponsor to carry out each project in compliance with the following requirements of subpart H of this part: (A) The agreement must specify the owner or SUBRECIPIENT"s affirmative marketing responsibilities as enumerated by the participating jurisdiction in accordance with§92.351. (B)The federal requirements and nondiscrimination established in§92.350. . L (C)Any displacement,relocation,and acquisition requirements imposed by the participating jurisdiction consistent with§92.353. 0 (D)The labor requirements in§92.354. (E)The conflict of interest provisions prescribed in§92.356(f). r'n (vi) Records and reports. The agreement must specify the particular records that must be maintained and the information or reports that must be submitted in order to assist the ° participating jurisdiction in meeting its recordkeeping and reporting requirements. The owner of rental housing must annually provide the participating jurisdiction with information on rents and a occupancy of HOME-assisted units to demonstrate compliance with §92.252. If the rental housing project has floating HOME units, the owner must provide the participating jurisdiction a with information regarding unit substitution and filling vacancies so that the project remains in co compliance with HOME rental occupancy requirements. The agreement must specify the reporting requirements (including copies of financial statements) to enable the participating jurisdiction to determine the financial condition (and continued financial viability) of the rental project. as (vii) Enforcement of the agreement. The agreement must provide for a means of enforcement of the affordable housing requirements by the participating jurisdiction and the intended beneficiaries. This means of enforcement may include liens on real property, deed Q' restrictions, or covenants running with the land. The affordability requirements in §92.252 must be imposed by deed restrictions, covenants running with the land, use restrictions, or other mechanisms approved by HUD under which the participating jurisdiction has the right to require ti specific performance. In addition, the agreement must specify remedies for breach of the provisions of the agreement. c W (viii) Requests for disbursement of funds. The agreement must specify that the SUBRECIPIENT may not request disbursement of funds under the agreement until the funds are = needed for payment of eligible costs. The amount of each request must be limited to the amount needed. �a U) (ix)Duration of the agreement. The agreement must specify the duration of the agreement. i If the housing assisted under this agreement is rental housing, the agreement must be in effect through the affordability period required by the participating jurisdiction under §92.252. If the m housing assisted under this agreement is homeownership housing,the agreement must be in effect E at least until completion of the project and ownership by the low-income family. z Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-0021DIS#550 Homebuyer Education and Acquistion Assistance Program Page 27 Packet Pg 1218 I6.D 6 e� (x) Community housing development organization provisions. If the nonprofit owner or SUBRECIPIENT is a community housing development organization and is using set-aside funds under §92.300, the agreement must include the appropriate provisions under §§92.300, 92.301, and 92.303. If the community development organization is receiving HOME funds as a SUBRECIPIENT of homeownership housing,the agreement must specify if the organization may retain proceeds from the sale of the housing and whether the proceeds are to be used for HOME- eligible or other housing activities to benefit low-income families. Recaptured funds are subject ar to the requirements of§92.503.If the community housing development organization is receiving a assistance for operating expenses,see paragraph(c)(6)of this section. (xi) Fees. The agreement must prohibit project owners from charging fees that are not customarily charged in rental housing such as laundry room access fees,and other fees.However, rental project owners may charge reasonable application fees to prospective tenants may charge parking fees to tenants only if such fees are customary for rental housing projects in the neighborhood; and may charge fees for services such as bus transportation or meals, as long as co such services are voluntary. The agreement must also prohibit the SUBRECIPIENT that is undertaking a homeownership project from charging servicing, origination, processing, inspection,or other fees for the costs of providing homeownership assistance. 5.2 Affordability Requirements 2 Q. a LONG TERM AFFORDABILITY a I CNI CO The HOME-assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table,beginning after project completion. The per unit amount of HOME funds and the affordability period that they trigger are described more fully below under Recapture Provisions. m 1- a)t) Minimum period of affordability HOME Required Affordability Period in years m .Q Rehabilitation or acquisition of existing housing per unit 5 amount of HOME funds: Under$15,000 $15,000 to$40,000 10 ti ' r Over$40,000 or rehabilitation involving refinancing 15 0 New construction or acquisition of newly constructed 20 w housing o x a 5.3 Maximum Per-Unit Subsidy Requirements N The maximum HOME per-unit subsidy may not be increased above 240 percent of the base limits authorized by§221(d)(3)(ii)of the National Housing Act [12 U.S.C. 17151(d)(3)(iii)]. In no case will the County's funding of the Project be less than$1,000 per HOME-assisted unit or more than the maximum per unit subsidy allowed under 24CFR 92.250(a). The maximum subsidy for 3 bedroom units is$215282. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 28 Packet Pg,;1219` 16Z6e The COUNTY will notify the SUBRECIPIENT of the exact date of the expiration of the affordability period. The SUBRECIPIENT will record a covenant running with the land, in form satisfactory to the COUNTY that provides a means for enforcement of the affordability restrictions of 24 CFR 92.252. The covenant will be recorded senior to all other financing liens, c including the first-position mortgage referenced above, and be enforceable against all successors in interest to VOASE. Failure of the project to meet all applicable HOME requirements for the 11 entire Affordability Period will result in a requirement that all HOME funds be repaid by the a SUBRECIPIENT to the COUNTY. I- 5.4 Resale Provisions t� Resale provisions are as follows [24 CFR 92.254(a)(5)(0]: a) 0 (i)Resale. Resale requirements must ensure, if the housing does not continue to be the principal residence of the family for the duration of the period of affordability that the y housing is made available for subsequent purchase only to a buyer whose family qualifies as a low-income family and will use the property as the family's principal residence. The resale requirement must also ensure that the price at resale provides the original HOME- 6 assisted owner a fair return on investment (including the homeowner's investment and any capital improvement) and ensure that the housing will remain affordable to a o reasonable range of low- income homebuyers. The participating jurisdiction must a specifically define"fair return on investment"and"affordability to a reasonable range of low-income homebuyers," and specifically address how it will make the housing affordable to a low-income homebuyer in the event that the resale price necessary to provide fair return is not affordable to the subsequent buyer.The period of affordability is based on the total amount of HOME funds invested in the housing. s� E 5.5 Recapture Provisions L rn Q Recapture provisions are as follows[24 CFR 92.254(a)(5)(ii)]: (ii)Recapture. Recapture provisions must ensure that the participating jurisdiction recoups all or a portion of the HOME assistance to the homebuyers, if the housing does not continue to be the principal residence of the family for the duration of the period of Co affordability. The participating jurisdiction may structure its recapture provisions based on its program design and market conditions. The period of affordability is based upon cr° the total amount of HOME funds subject to recapture described in paragraph cci (a)(5)(ii)(A)(5) of this section. Recapture provisions may permit the subsequent homebuyer to assume the HOME assistance (subject to the HOME requirements for the 0 remainder of the period of affordability)if the subsequent homebuyer is low-income, and no additional HOME assistance is provided. N V O a) E L F C) ea Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 29 Packet I:(0 1220 16.116.e" • IN WITNESS WHEREOF,the SUBRECIPIENT and the County,have each,respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. N _ d E a) a) ATTEST BOARD OF COUNTY Q DWIGHT E.BROCK,CLERK COMMISSIONERS OF COLLIER COUNTY,FLORIDA a) By: By: DONNA FIALA, CHAIRMAN Date: Date: r N x Witness SUBRECIPIENT __. 0 Name and Title By: Q. Date: a � N Name,Title co Date: Witness m a) Name and Title Date: Approved as to foam and legality: ti Jennifer A.Belpedio Assistant County Attorney N Date: 0\\h w 2 O Y o t7 r.+ a) t 1.4Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-0021DIS#550 Homebuyer Education and Acquistion Assistance Program Page 30 Packet Pg.1221, 16 D°6 eY. PART VI EXHIBITS N 4.. EXHIBIT"A" a, INSURANCE REQUIREMENTS a, ct The SUBRECIPIENT shall furnish to Collier County, c/o Community & Human Services Division,3339 E.Tamiami Trail, Suite 211,Naples,Florida 34112,Certificate(s)of Insurance evidencing t9 insurance coverage that meets the requirements as outlined below: ° 1. Workers' Compensation as required by Chapter 440,Florida Statutes. g 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 0- an additional insured. N DESIGN STAGE(IF APPLICABLE) 02 In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as follows: a 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 c 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 in Occupancy is issued.Collier County shall be named as an additional insured. co CONSTRUCTION PHASE(IF APPLICABLE) c In addition to the insurance required in 1 —4 above,the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage E prior to any construction: x , 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 E identified by the Federal Emergency Management Agency (FEMA) as having special v flood hazards, flood insurance under the National Flood Insurance Program is obtained ««� a Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 31 Packet Pg, 1222 16.©6.e; and maintained as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE OF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must m be kept in force throughout the duration of the loan and/or contract: . a 7. Workers' Compensation as required by Chapter 440,Florida Statutes. s.. 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. o To 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 o 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. E a) O. a) N ti m 0 N W 0 z C co (n Y � I 0 • C a) E Q l i Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 32 Packet Pg.1223 &D.6.e EXHIBIT"B" COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT c SECTION I:REQUEST FOR PAYMENT a> Sub recipient Name: Rock Island Economic Growth Corpration dba Economic Growth a, Corporation Sub recipient Mailing Address: 10150 Highland Manor Drive,Suite 3200,Tampa,FL 33610 t� E Project Name:Homebuyer Education and Acquistion Assistance Program73 Q, aD Project No: HM16-002 Payment Request# Dollar Amount Requested: $ Date Period of Availability: GRANT PERIOD HERE Period for which Agency has incurred indebtedness: through ° �a 0 SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded N CO 2. Sum of Past Claims Paid on this Account c^I $ a 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ E 4. Amount of Previous Unpaid Requests $ m Q 5. Amount of Today's Request $ .a 6. Current Grant Balance(Initial Grant Amount Awarded in Less Sum of all requests) $ cfl 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. To the best of my knowledge and belief, all grant 2 requirements have been followed. _ Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) -c u Dept Director (approval required$15,000 and above) Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 33 Packet Pg. 1224 1 Dib a a, EXHIBIT"C" REPORTING SCHEDULE m The SUBRECIPIENT shall submit quarterly reports to Grantee based on the following schedule. Reports m shall be submitted according to this schedule as long as this Agreement is in force: as Activity Reporting Period Report Due Date to October 1st—December 31st January 10th January 31'—March 31st April 10th April 1st—June 30th July 10th July 15t—September 30th October 10th � f HOME SUBRECIPIENT AGREEMENT Rock Island Ecomomig Growth Corporation dba Economic Growth Corporation Date Submitted: 'o Activity Reporting Period: N CO Contact Person: os Telephone: Email: m E m L GENERAL 1. Activity Status or Milestones — describe any significant actions taken or outcomes achieved •� during this reporting period. to r- r j m ; w 2. Future Actions — what significant actions or outcomes are expected during the next reporting 0 period? •a ra to t) 3. Obstacles—describe any potential obstacles,challenges, or issues that may cause delay. E z Rock island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 34 Packet Pg. 1225 1 D6ie ACTIVITY STATUS Complete the following information by entering the appropriate numbers for this reporting period in the tables below. Do not duplicate information from previous reporting periods. a) m Activity This Reporting Period a No.Active Projects No.Projects Complete L No.Properties Demolished No.Properties Sold TOTAL m HOUSEHOLD INFORMATION N Complete these tables for those properties sold during this reporting period. Household Data This Reporting Period To No.Extremely-Low Income Households(0-30%AMI) 2 No.Very-Low Income Households(31-50%AMI) o. No.Low-Income Households(51-80%AMI} 'Q No.Moderate-Income Households(81-120%AMI) CO No.Female Head of Households TOTAL �. c E RACE AND ETHNICITY BENEFICIARIES a) Race Total No.Hispanic a White0. Black or African American L Asian American Indian or Alaskan Native rn Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White ca Asian and White `'' Black/African American and White 2 American Indian/Alaskan Native and Black/African American = Other Multi-Racial 'a TOTAL m N c) 0 CJ c a) E z Q Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 35 Packet Pg. 1226 16 D6 e" ✓`�. EXHIBIT"D" INCOME CERTIFICATION INSTRUCTIONS Submit completed form, including appropriate supporting documentation, to Grantee to obtain approval prior to the sale of a property associated with this Agreement to an eligible person or household. as j a Effective Date: L CD A. Household Information a) a. Member Names—All Household Members Relationship Age m j 1 • 12 2 c'n 3 4 = 5 �a 6 ° L 7 Q' 8 tol I B. Assets:All Household Members,Including Minors Member Asset Description Cash Value fromcAssets 1 IL, 2 a c 3 a. 4 0 5 • 6 N 7 r. ce 8 0 N Total Cash Value of Assets B(a) w Total Income from Assets B(b) p If line B(a)is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) U ° a a) E C.) ° Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 36 Packet Pg. 1227 1 6D6e.`, C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf of ,..� Minors Member Wages/ Benefits/ Public Other Salaries Pensions Assistance Income a) (include tips, commissions, Asset bonuses,and Income overtime) co 1 (Enter the 2 greater of 3 box B(b)or a box B(c), 4 above,in cc 5 box C(e) 6 below) N 7 x 8 c Totals (a) (b) (c) (d) (e) 2 L Q Enter total of items C(a)through C(e). o. atThis amount is the Annual Anticipated Household Income. o D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided,for each person set forth in Item A,acceptable verification of c, — current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. cp 112 WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083. Q co Signature of Head of Household Date r` N Signature of Spouse or Co-Head of Household Date 0 O crs Adult Household Member(if applicable) Date 0 4. c m Adult Household Member(if applicable) - Date co , Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-00211)18#550 Homebuyer Education and Acquistion Assistance Program Page 37 Packet PgV 1228 16D6`e, E. HOME Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the HOME. The family or individual(s)constitute(s)a: N Extremely-Low Income(ELI)Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. a, (Maximum Income Limit$ ). ct Very Low-Income (VLI) Household means and individual or family whose annual a income does not exceed 50 percent of the area median income as determined by the U.S. c j Department of Housing and Urban Development with adjustments for household size. E. (Maximum Income Limit$ ). reLow-Income(LI)Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). 5 Based upon the (year)income limits for the Naples-Marco Island Metropolitan Statistical > Area(MSA)of Collier County,Florida. a Signature of the HOME Administrator or His/Her Designated Representative: w rn Signature Date E Printed Name Title °' F. Household Data Q i Number of Persons By Race/Ethnicity By Age a NativeEt) American Hawaiian or Oth 0— 26— 41— a Indian Asian Black Other Pac. White er 25 40 61 62+ in Islander Hispanic 0 N Non- Hispanic 0 z NOTE:Information concerning the rate or ethnicity of the occupants is being gathered for statistical useco only. No occupant is required to give such information he or she desires to do so, and refusal to give N such information will not affect any right he or she has an occupant. tY 4 U w a Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 38 Packet Pg. 1229 16L 6.e= EXHIBIT"E" -� ANNUAL AUDIT MONITORING REPORT 0 E Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients ar compliant with established audit requirements. Accordingly, Collier County requires that all appropriate documentation i Q provided regarding your organizations compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based of when the activity related to the federal award occurs, including any Federal award provided by Collier County. Th determination of amounts of Federal awards expended shall be in accordance with guidelines established by OMB Circula m A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F — Audi •§ Requirements,for fiscal years beginning on or after December 26,2014. This form may be used to monitor Florida Single Audit Act(Statute 215.97)requirements. Subrecipient Rock Island Economic Growth Corporation dba Economic Growth Corporation Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) o i '• I Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most a. most recently completed Fiscal Year recently completed Fiscal Year N 00 Cn Check A.or B.Check C if applicable A.The Federal/State expenditure threshold for our fiscal year ending as indicated above has been met and a d'^ ❑ Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be completed by .Copies of the audit report and management letter are attached or will be provided within 30 ;?4 days of completion. °' B.We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F because we: a°i O Did not exceed the expenditure threshold for the fiscal year indicated above .Q ❑ • 0 Are a for-profit organizationcu O Are exempt for other reasons—explain An audited financial statement is attached and if applicable,the independent auditor's management letter. C.Findings were noted,a current Status Update of the responses and corrective action plan is included N. separate from the written response provided within the audit reports.While we understand that the audit `° ❑ report contains a written response to the fmding(s),we are requesting an updated status of the corrective action(s)being taken.Please do not provide just a copy of the written response from your audit report,unless LAI it includes details of the actions,procedures,policies,etc.implemented and when it was or will be 0 implemented. Certification Statement I hereby certify that the above information is true and accurate. Y Signature Date tY { Print Name and Title 06/15 Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-002IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 39 Packet Pg. 1230 enoadd 4f1H lo I b Z$66) 3uaweaa6d;uaidioaagnS LL-960Z 9S3 uawom pasnqy ro} :luawyoelldcri Win: a, FAIN# E-16-UC-12-0024E Federal Award Date EST 10/2016 av Federal Award HUD Agency CFDA Name Emergency Solutions Grant CFDA/CSFA# 14.231 Total Amount of $110,641 Federal Funds Awarded Subrecipient Name THE SHELTER FOR ABUSED WOMEN AND CHILDREN, INC. DUNS# 836680769 FEIN 59-2752895 R&D No Indirect Cost Rate No Period of November 1,2016 - Performance September 30,2017 Fiscal Year End 6/30 Monitor End: 12/2017 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN AND CHILDREN,INC. THIS AGREEMENT is made and entered into this day of , 2016, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamianni 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,FL 34101. WHEREAS,the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless Act(42 U.S.C. 11371-11378);and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals, in Collier County with the use of ESG funds; to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance and Homeless Management Information System [HIvUS]);,and The Shelter for Abused Women&Children ESI6-002 IDIS#553 Emergency Solutions Grant Page 1 anH Jo ienoaddd: Z8a) ;uewaaa6d;uaidpaagng L6-960Z 993 uawoM pesngy Jo;as;ieqg :;uowgoe;;d ,c„u Q;,, t- to, WHEREAS,the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan -One-Year Action Plans for Federal Fiscal Year 2016-2017 for the ESG Program at 9-/1 the June 28,2016 Board of County Commissioners meeting;and NOW,THEREFORE, in consideration of the mutual benefits contained herein,it is agreed by the Parties as follows: PART I SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds,as determined by Collier County Community and Human Services Division(CHS),perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant ESG Program Project Component One: Personnel costs to support a Security Coordinator. The Security Coordinator monitors the emergency shelter facility which is vital to daily operations. Project Component Two: Utilities- includes electric,phone & internet,trash removal, insurance cost,security system expenses and water and sewer costs to operate the shelter facility. Project Component Three: Security systems' monthly monitoring, recurring and maintenance expenses and food costs. �. 1. Project Tasks a. Maintain documentation on all households served in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting an ESG Eligible Activity 2. ESG Documentation Requirements Compliance Criteria Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). 1.1 SPECIAL GRANT CONDITIONS A. The Subrecipient must have the environmental requirement cleared by the CHS prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. B. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds. The Shelter for Abused Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 2 r P1", al1H Jo lanoaddV: Z866) ;ueweei6d;uo dpeignS LI.-960Z OS3 uewom pesngd aoJ ae;lays :;uewyoe;;d M- to Tor. l V `. a- 1 El Affirmative Fair Housing Policy ►f Affirmative Action/Equal Opportunity Policy Ei Conflict of Interest Policy z Procurement Policy ❑ Uniform Relocation Act Policy • Sexual Harassment Policy El Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968,as amended(12U.S.C. 794 1 u) ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C, 794) El Fraud Policy C. Environmental Review Requirement(ERR)-No program costs can be incurred until an environmental review of the proposed project is completed, and approved by HUD. Further,the Subrecipient will not undertake any activity or commit any funds prior to the HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Budget The budget identified for the Shelter Operations Project shall be as follows: Description Federal Amount ESG Match 1:1 Project Component 1: Security Coordinator $23,753 Project Component 2: Utilities includes electric phone & $81,888 internet,trash removal, insurance costs,water and sewer costs to operate shelter facility Project Component 3: Shelter Operations: Security system' $5,000 monthly monitoring, recurring and maintenance expenses and • food costs ESG Match.Requirement Documentation of $110,641 ESC Eligible matching funds Total Federal Funds: $110,641 $110,641 P"-\ The Shelter for Abused.Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 3 T afH Jo lenoaddy : Z96i) lueweei6y lue!dI3eignS L6-960Z 0S3 UOWOM posnqy Joj iallayS :uauayoe;ty Q. amt, The Subrecipient will accomplish the following checked project tasks: CL,z� ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the County, as requested, beneficiary income certification documentation ►1 Maintain National Objective Documentation Provide Quarterly Reports on National Objectives and project progress Eg Required attendance by a representative from executive management at quarterly partnership meetings,as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA),if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met B. Allowable Activities All services/activities funded with ESG funds must meet one of the ESG program components as defined in 24 CFR 576: • Street Outreach: funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management and services for special populations. • Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, child care, education, employment assistance and job training, legal, mental health, substance abuse treatment, transportation and services for special populations). • Homelessness Prevention and Rapid Re-Housing: both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement activities). Housing may also be used for short or medium term rental assistance for those who are at-risk of becoming homeless or transitioning to stable housing. • HMIS::funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs and participation fees). "—] The Shelter for Abused Women&Children ES16-0021DIS#553 Emergency Solutions Grant Page 4 pS anH}o lenoaddd : 2866) lueweaa6y lueldpeign51 S 14-9602 JS3 uauaaM pesngd ao�aallayS :luewg3ellb 6- 0 asp , C. Performance Deliverables . Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within thirty(30)days of (Section 1.1) agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty(30)days of renewal Detailed project Schedule Project Schedule NA Project Plans and Specifications Site Plans and Specifications NA Submission of Progress Report Exhibit C Quarterly reports. Financial and Compliance Audit Exhibit E 9 Months after FY end Continued Use Certification Continued Use Affidavit,if NA applicable Revenue Plan for maintenance Plan approved by the County NA and Capital Reserve Program Income Reuse Plan Plan Approved by the County NA D. Performance Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component,1: Funding Upon invoicing using Exhibit B will Monthly will assist with emergency shelter reimburse allowable expenses with personnel support of a Security documentation including but not Coordinator. limited to properly completed invoice, timesheets, payroll, banking, canceled Project Component 2: Utilities- checks, utility document(s), and any includes electric,phone& additional supporting documentation as Internet,trash removal,insurance cost,security system expenses and needed. water and sewer costs to operate the shelter facility. Project Component 3: Security system' monthly monitoring, recurring and maintenance Final 10% ($11,064.10)released upon expenses and food costs. documentation of a minimum of 150 persons served. Retainage will be deducted from each invoice. ESG Match Supporting Match documentation from Monthly Thrift Shoppe Revenue 1.3. PERIOD OF PERFORMANCE Services/Activities of the SUBRECIPIENT shall start on the rt day of November,2016 and end on the 30te day of September,2017,The services/activities of the SUBRECIPIENT shall be The Shelter for Abused Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 5 4-4 , nf1H}o Ienoaddd : Z866) ;ueweeJ6d;uaidioaignS LI-91,0Z OS3 uawoM pesngy Jo}Ja;�aqg :;ueyoe;;y N. 0 o=. undertaken and completed in light of the purposes of this Agreement.Any funds not obligated by CU the expiration date of this Agreement shall automatically revert to the COUNTY. to 1.4. AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED TEN THOUSAND SIX HUNDRED FORTY ONE DOLLARS ($110,641)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 project components shall not be more than 10%and does not signify a change in scope. Fund shifts that exceed 10% of a project component shall only be made with board approval. All services/activities 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 that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG funds until 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 requiredif 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. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State or Federal requirements. 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." The Shelter for Abused Women&Children ES 16.002 IDIS#553 Emergency Solutions Grant Page 6 Yw'� af1H Jo lenoaddy : Z966) luewaaa6br luaidioaagnS LI,-91,0z 993 uawoM pasnqy.ao}aal1ags :wow pally . syn 44, CL per : 1.5 COST PRINCIPLES Payments to the Subrecipient are governed by the Federal grants managementrules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s)listed under this Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide adequate documentation for validating costs incurred.Payments to Subrecipient's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier,and personal delivery,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: Jody Paley,Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email:jodypaley@colliergov.net Telephone:(239)252-2903 SUBRECIPIENT ATTENTION: Julie Franklin,Director of Operations The Shelter.for Abused Women&Children P.O.Box 10101 Naples,Florida 34101 jfranklin@naplesshelter.org Telephone: (239)280-1350 The Shelter for Abused Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 7 at1H;o lenoaddy : z861.) ;ueweeaBy;ueidloe qnS 11.-960Z 9S3 uawoM pesngy ioj'e;lays :;uawyoe;;y i . to a.. • PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer, or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200,Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to determine compliance with the requirements of this agreement, the ESG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports,plans,surveys, information, documents, maps,books, records and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the purpose of this agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this agreement, including matching funds and Program.Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, The Shelter for Abused.Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 8 an }o lenoiddy : Z266) 4uewee.i6v luaidtoaignS L4-9l.OZ 9S3 uawoM pasngy JoI aa :luewgoe;fid d, 40 CNI ter- .01 materials, equipment, supplies and services, and other costs and expenses of whatever a:q E nature for which reimbursement is claimed under the provisions of this agreement. D. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this agreement of the address where the records are to be kept as outlined in 2 CFR 200336. 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.The SUBRECIPIENT agrees that CHS 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 576.100 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 576.100, income certification, and I I 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 2 CFR 200.336 and 2 CFR 200.337. 1 ! The Shelter for Abused Women&Children ESI6-002 IDIS#553 Emergency Solutions Grant Page 9 anH pno.iddy : Z966) ;uewaa.l6y lue dIoaJgng L6-960Z DS3 uewo,pasngyJai'alien :;uewgoapy O 2.3 MONITORING A-c During the term,SUBRECIPIENT shall submit an annual audit monitoring report(Exhibit D)to the COUNTY no later nine(9)months after the Single Audit(or one hundred eighty(180)days for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary.At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit.The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,waste,abuse,or non-performance based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. 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 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent waste,fraud and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to. any appropriate law enforcement authority,if the report is made in good faith. 2.5 CORRECTIVE ACTION The Shelter for Abused Women&Children ES 16-002 IDIS#553. Emergency Solutions Grant Page 10 af1H;o ienoaddy : Zg61,) ;ueweeiBy;uaidpaagnS Lyst.oz 9s3 uewom pasnqy Jo}as;iayg :;uawyoe;;y crt7"131,v 11:15 esi Corrective action plans may be required table tti performance under this contract. Penalties fornonperformance, may e imposed for failures r to implementortop make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No.2013-228,Community and Human Services(CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers,or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS 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 Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The County may require upwards of five percent(5%) of the award amount be returned to the Division,at the discretion of the Board of County Commissioners. • The entity may be considered in violation of Resolution No.2013-228 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 Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the ESG investment for acquisition of the properties conveyed,be returned to the Division. • The Division may require upwards of ten percent(10%) of the award amount be returned to the Division,at the discretion of the Board of County Commissioners. • The entity will be considered in violation of Resolution No.2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant,the Division may recommend the contract or award be tetininated. • The Division 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. This includes the amount invested by the County for the initial acquisition of the properties or other activities. The Shelter for Abused Women&Children ES16-002 IDIS#553 Emergency Solutions Grant: Page 11 611 af1H Io lenoaddy : Z866) ;uetuaaa6y;ueidpeignS LI-960Z 9S3 uawoM posnqy ioj Jamatis :;ueurgoe;;y 4 co; yet 0 Via; 0 • The entity will be considered in violation of Resolution No.2013-228 �x If in the case the Entity has multiple agreements with the Division and is found to be non- compliant,the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this agreement, and on the resolution of monitoring findings identified pursuant to this agreement as deemed necessary by the County Manager or designee. During the term,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January,April,July and October respectively for the prior quarter period end. As part of the report submitted in October,the SUBRECIPIENT also agrees to include,a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C".Exhibit"C"contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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. 2.7 ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG 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 ESG funds pertaining to this Agreement.In the event of curtailment or non-production of said federal funds,the financial sources necessary to continue to pay the SUBRECIPIENT all or any 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 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. The Shelter for Abused Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 12 0 ®f1H Io lenoaddy : 2966) weweei6y lueidioaagng L -91.0z 0S3 uauaoM pasnqy roJ.Ie eqg :).uew143e1}y G„ rD r � PART III TERMS AM)CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The.SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning HEARTH Act. The SUBRECIPIENT also agrees to comply with all other applicable Federal, State and Local laws, regulations, and policies governing the funds provided under this 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 COUNTY shall be exempt from payment of all Unemployment Compensation,FICA,retirement, life and/or medical insurance and Workers' Compensation Insurance,as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Suchamendments shall not invalidate this Agreement,nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety(90)days prior to end date of 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 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. The Shelter for Abused Women 8c Children ES16-002 IDIS#553 Emergency Solutions Grant Page 13 afH Io lenoaddy : Z864) ;uewaaa6y lualcipeaqns L6-91.0Z DS3 uawom pesngy ao}Jo;ogs :ivawgoei.; E or. is Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time eva period, the COUNTY Manager or designee may 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 the Agreement. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from ESG 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 ESG funds pertaining to this agreement. In the event of curtailment or non-production of said federal funds,the financial sources necessary to continue to pay the SUBRECIPIENT all or any 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 or termination of this Agreement. 3.7 COUNTY RECOGNITION/SPONSORSHIPS The SUBRECIPIENT' agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for,on behalf of,and/or about the Program shall include the statement: The Shelter for Abused Women&Children ES r6-002 IDIS#553 Emergency Solutions Grant Page 14 af1H Jo ienoaddy : Z860 3uawaa.thy;ualdpeigng LI-9l.0Z 0S3 UOWOM pesngy JO Jali9LS :}uawyoeny "FINANCED BY U.S.DEPARTMENT OF HOUSING AND URBAN , DEVELOPMENT(HUD)AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES" and shall appear in the same size letters or type as the name of the SUBRECIPIENT.This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8. DEFAULTS,REMEDIES AND TERMINATION In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by either the 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 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 ESG funds SUBRECIPIENT has received under this agreement; _ I The Shelter for Abused Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 15 af1H to ienoaddd : Z861.) lueweei6y lue dpeagns L1,-910Z 9S3 uawoM pesngy Jol ialmagS :luauryoelly is . CL D. Apply sanctions if determined by the County to be applicable; o' E. Stop all payments until identified deficiencies are corrected; E. 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 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar-for-dollar pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award.A SUBRECIPIENT may comply with is requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as State, Local and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those funds from being used to match ESG funds.In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by HUD as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions;or 2. Non-cash contributions, calculated per requirements in 24 CFR 576.201(e),include the value of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program,provided that if the SUBRECIPIENT had to pay for them with grant funds,the costs would have been allowable.Non-cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or of any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing similar work the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements,provided the costs are eligible ESG costs that supplement the ESG program. 3.10. 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 ESG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right(nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds,as the COUNTY may deem necessary.Regulations regarding real property and equipment are subject to 2 CFR 200.311. The Shelter for Abused Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 16 af1H Io leno.tddV: z861.) ;uaweei6y IuetdpeagnS L6-9L0Z es3 uawoM pasngb Jot ie eqS :Iuawyoe;}y Csi (6 a c. 3,11 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" and 2 CFR 200.310 has been obtained, and carried,at all times during its performance. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Emergency Solution Grant(24CFR576 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through.326)and Collier County's purchasing thresholds. Range: Competition Required $0-$3,000 1 Written Quote $3,000-$10,000 3 Written Quotes $10,000-$50,000 3 Written Quotes $50,000+ Bids,Proposals,Contracts(ITB,RFP,etc) 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.14 PROGRAM-GENERATED INCOME No Program Income is anticipated. In the event there is Program Income derived from the use of ESG funds disbursed under this agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the Community Development Grant Program. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY through an annual program income re-use plan,utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 576.201 in the operation of the Program. In the event there is a program income balance at the end of the Program Year,such balance shall revert to the COUNTY's Community Block Grant Program,for further reallocation, 3.15 GRANT CLOSEOUT PROCEDURES I � SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are The Shelter for Abused Women&Children ESl6-002 IDIS#553 Emergency Solutions Grant Page 17 0 anH;o lenoaddy: Z86I.) 3ueweeJ6V;ue dioaagnS LI-910Z 9S3 uatuo,pesngy io;as;�aqS :;uauat;oe;;tl roar d' T �,' ,i0 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, °- I 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. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement 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,homeless individuals have priority over other Section 3 residents in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u)and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area(as defined in 42 U.S.C. 5302(a))in which the project is located. To the maximum extent practicable the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining and operating facilities assisted under ESG, in providing services assisted under ESG, and in providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors, their successors and assigns,to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 3.17 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 The Shelter for Abused Women&Children ES16-002.IDIS#553 Emergency Solutions Grant Page 18 aflH Io lenoaddd: 2866) ;uawaaa6v;uaIdIaaJgnS 14-9602 9S3 uewom pasngb aoj aellayg :luawgoe;;d 0 do or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT cs° may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES One Hundred percent(100%)of the beneficiaries of a project funded through this agreement must be at risk of homelessness,as defined by 24 CFR 576.2, 3.19 AFFIRMATIVE ACTION PLAN 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 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. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 576.404,and 2 CFR 200.318,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 CHS provided,however,that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of 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 CHS 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 3.21 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety,sanitation and privacy standards(Exhibit E)as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING The Shelter for Abused Women&Children ES16-0021DIS#553 Emergency Solutions Grant Page 19 1-;; anii Z864) ;ueweei6y ueldioeigns L4-910Z os3 uewom pesngy a0I aeliayS :wean-138W 3 Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable. State and Local housing codes, licensing requirements and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.24 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). 3.25 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.26 RELIGIOUS ORGANIZATIONS ESG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 576.406 The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the,basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis,of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain itsindependence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs,provided that it does not use direct ESG funds to support any inherently religious activities,such as worship,religious instruction or proselytizing. D. The funds shall not be used for the acquisition,construction or rehabilitation of strubtures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ESG funds may not exceed the cost of those portions of the acquisition,construction or rehabilitation that are attributable to eligible activities in accordance with the cost accountingrequirements The Shelter for Abused Women&Children ES I6-002 IDIS#553 Emergency Solutions Grant Page 20 0 o enoJdd ueweei6 Of1H� I d � 2866) 3 a+waldloaagnS LI-910Z 9S3 uauaoM pasngbr as;layg :;uauauoeny applicable to ESG funds in this part. Sanctuaries, chapels, or other rooms that a ESG funded religious congregation uses as its principal place of worship, however, are ineligible for ESG funded improvements. 3.27 INCIDENT REPORTING If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse,neglect, or exploitation of a child,aged person,or disabled adult to the County. 3.28 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. The Shelter for Abused Women&Children ESI6-002IDIS#553 Emergency Solutions Grant Page 21 anH Io lenoadd v : Z866) ;uewaea6y;ue dioeJgnS LL-960Z 0s3 uawoM pasngy ao}aeliags :;uewgoe;;br N cct t3 r- Gam,, IL 4 I PART 1V GENERAL PROVISIONS 4.1 24 CFR Part 576 Emergency Solutions Grants Program 4.2 Environmental Protection Agency(EPA)regulations pursuant to 24 CFR Part 50 as amended. 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended. 4.4 Title VI of the Civil Rights Act of 1964 as amended,along with Executive Order 13166 4.5 Title VIII of the Civil Rights Act of 1968 as amended 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. 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. 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 U.S.C. §2000e,et. seq.The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 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. 4.10 The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: A. "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 The Shelter for Abused Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 22 p� a�L'J of1H}o lenoaddd : Z966) ;uewaaa6y IuaidioaagnS L6-91.0Z OS3 uewof pasnqy ao}as;lays : uawyoe;;d to th as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasibleas '', 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." 4.11 The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arisingin 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 ESG- 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 ESG-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. 4.12 The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4.13 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 4.14 Contract Work Hours and Safety Standards Act,40 USC 327-332. 4.15 Section 504 of the Rehabilitation Act(29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. 4.16 Title II of the Americans with Disabilities Act(42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable 4.17 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended. 4.18 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 4.19 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. 4.20 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. The Shelter for Abused Women&Children ES 16-002IDIS#553 Emergency Solutions Grant Page 23 af1H lenoaddy : Z866) ;uawaaiBy luaidpeign5 11-91.0Z 9S3 uawoM pesngy Jo;.is;lags :tuewgoe;;d Co_. N G' ar, .X 4.21 Public Law 100-430 - the Fair Housing Act (42 U.S.C. 3601, et seq.) and implementing regulations at 24 CFR Part 100. 4.22 Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 4.23 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes,Collier County Ethics Ordinance No.2004-05,as amended,and County Administrative Procedure 5311. 4.24 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement,the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.25 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, 20'h 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. 4.26 The SUBRECIPIENT agrees to comply with the following requirements: Clean Air Act,41 U.S.C.7401,et seq. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry,reports and information as well as other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued there under. 4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained The Shelter for Abused Women&Children ES16-002ID1S#553 Emergency Solutions Grant Page 24 0 o enoadd af1H I I `d� 2866) ;uawaaa6b;ualdioaagng LI.-9 3S3 uauaoM pasngb aaliays :;uawyoe;}y NMS a Wy 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. 4.28 All shelters assisted under the ESG program and all housing occupied by program participants must adhere to the requirement of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856) and implementing regulations in 24 CFR part 35, subparts A, B, H,J, K, M and R. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners and tenants of properties construction prior to 1978 be properly notified that such properties may include lead-based paint. Such notifications shall point out the hazards of lead-based paints and explain the symptoms, treatment and precautions that should be taken when dealing with lead- based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead based paint is found on the property, abatement measures may be undertaken.The regulations further require that,depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. 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. 30. 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. 31. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988(41 U.S.C.701). 32. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.(Hatch Act). 33. 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. 34. 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. 35. 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 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 The Shelter for Abused Women&Children ESI.6-002'IDIS#553 Emergency Solutions Grant. Page 25 , afH to lenoaddv : Z961.) iueweei6v lueidioaagns LL-960Z 993 uawof pesngy J01.1011949 :Iuewgoel;y Zvi G, closeout. 36. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 37. 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,shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property.A displaced person must be advised of his or her rights under the Fair Housing Act(42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). 38. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof.This notice is required by§ 287.133 (3)(a),Florida Statutes. 39.Lobbying-No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,loan,or cooperative agreement. 40.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 and shall comply with 24 CFR part 87. 41. 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; 42.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31,U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 43.Travel reimbursement will be based on the U.S.General Services Administration(GSA)per diem rates in effect at the time of travel. The Shelter for Abused Women&Children ES 16-002 IDIS#-553 Emergency Solutions Grant Page 26 aIH}o lenoaddV: Z866) ;uewaea6y;ueidpeagng LI-9602 9S3 uewoM pesngv ion aa1046 :;uawyoe;;v uy, 44.Any rule or regulation determined to be applicable by HUD. a; 45. Florida Statutes 119.021 Records Retention 46.Florida Statutes, 119.071,Contracts and Public Records 47.Unaccompanied youth under 25 years of age,or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2,but who are defined under Section 387(3)of the Runaway and Homeless Youth Act(42 U.S.C.573243)), Section 637(11)of the Head Start Act 42 U.S,C.9832(11)), Section 41403(6)of the Violence Against Women Act of 1994(42 U.S.C. 14043e-2(6)),Section 330(h)(5)(A)of the Public Health Service Act(42 U.S.C.254b(h)(5)(A)), Section 3(m)of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)),Section 17(b)(15)of the Child Nutrition Act of 1966(U.S.C. 1786(b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11434a(2)) 48. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines (Signature Page to Follow) II The Shelter for Abused Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 27 af1H Jo IenoiddV : nu) tuawaaa6y tuaidiowgnS 16-9602 JS3 uawoM pasngy Jol aauays :luawgoefd (0n, a co IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST BOARD OF COUNTY DWIGHT E.BROCK,CLERK COMMISSIONERS OF COLLIER COUNTY,FLORIDA By: By: DONNA FIALA,CHAIRMAN Date: Date: SHELTER FOR ABUSED WOMEN& CHILDREN: By: Date: Approved as to form and legality: Jennifer Belpedio Assistant County Attorney Date: The Shelter for Abused Women&Children ES1E-002'1DIS#553 Emergency Solutions Grant Page 28 0 •::s anH}o lenoaddy : Z966) ;uewaei6y;uaidioaagns L4-91.0Z OS3 uawoM posnqy ao} :;uewgoe;;bl .„ EXHIBIT"A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. 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) The Shelter for Abused.Women&Children ES16-0021DIS#553 Emergency Solutions Grant Page 29 pnH}o pno.iddy : Z86I.) ;uewoei6y;uaidpeagns Lb-9 .O 9S3 uawoM pesngy ao}aa;Iays :;uewtloe;;y CO E ,ak . After the Construction Phase is completed and occupancy begins, the following insurance must eA be kept in force throughout the duration of the loan and/or contract: a.') 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&Children — ES16-002IDIS#553 Emergency Solutions Grant Page 30 anH}o Ienoiddy : Z$60 ;uewaaa6y;uaidpeigng LI-9I0z Jg3 uawoM pesngy aoj asmayg :;uowg3e;;y r , tri a CL. EXHIBIT"B" I, COLLIER COUNTY COMMUNITY AND HUMAN 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 10102,;Naples,FL 34101 Project Name: Emergency Solutions Grant Emergency Shelter Operations Project Project No: ESG-16-001 IDIS#553 Payment Request# Total Payment minus Retainage: Period of Availability: 10/01/16—9/30/17 The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total.Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests(Include Retainage) $ 5. Amount of Today's Request $ 6. 10% Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded.Less Sum of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Department Director (approval required$15,000 and above) (approval required$15,000 and above) The Shelter for Abused Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 31 0 afH io ienoaddy : Z966) ;uaweoi6y lueidpaagns L6-9LOZ 9s3 uawoM pesngd Jo'aa3Iags :;uawtpe;ld (C is th EXHIBIT"C" Emergency Shelter Grants(ESG)Program Client a I Report Period: Fiscal Year: Contract Number: Organization's: Program's: Contact Name: Contact Number: Characteristics Report Report Selection Criteria Ethnicity Non- Race Hispanic Hispanic Number of White Unknown Age Black/African American Asian b.Non Residential American Indian/Alaskan Native Number of Native Hawaiian/Other Pacific Islander Other/Multi-Racial Adults Number of Children 2.Number of adults and children served: a.Residential Number of Unknown Age Number of Adults Number of Children 3.Number of individuals/families served,by categories: Number of individual households(singles) Unaccompanied 18 and over Male Female Unaccompanied 17 and under Male Female Number of Families with children Headed by single 18 and over Male Female The Shelter for Abused Women&Children ESI6-002IDIS#553 Emergency Solutions Grant Page 32 anH}o le/to-HMV : Z966) tueweeaBy;ueidpeagnS Lb-960Z 9S3 uewoM pesnqy aot ae ei g :luewg3elly 0 T"' 0Lul a) ar� _y I T4 0.r Headed by single 17 and under Male Female ar Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL 4.Total project(s)/service(s)provided to clients in range: a.emergency shelter facilities shelter h.employment b.vouchers for shelters i. transitional c.drop-in center j.outreach d.food pantry k. soup kitchen/meal distribution e.mental health 1.health care f.alcohol/drug m.HIV/AIDS services g,child care n. other(please list) 5.Number of clients served by sub population(duplicated count): a. Chronically Homeless f.Chronic Substance Abuse(alcohol and/or drug) b.Victims of Domestic Violence g. Severely Mentally Ill c.Elderly h.Runaway/throwaway youth d.Veterans i. Other disability(Physical and/or e.Individuals with HIV/AIDS Developmental) (Chronically Homeless-HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2)has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Barracks Hotel/Motel Group/Large House Other Apartment/Complex -Scattered Site Apartment Other Single Family Duplex Single.Family Detached House Other Single Room Occupancy TOTAL. Mobile Home/Trailer The Shelter for Abused Women&Children ES 16-002 IDIS#553 Emergency Solutions Grant Page 33 0 anH to Ieno.tddd : Z861.) lueweei6y luaidpeJgnS L6-910Z 993 ualuoM pasngy iol as;lays :luauayoelad 4, c` x a.' EXHIBIT"D" —GI ,••^N ANNUAL AUDIT MONITORING REPORT Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements. Accordingly, Collier County requires that all appropriate documentation is provided regarding your organizations compliance. In determining Federal awards expended in a fiscal year,the entity must consider all sources of Federal awards based on when the activity related to the federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F—Audit Requirements, for fiscal years beginning on or after December 26,2014. This form may be used to monitor Florida Single Audit Act(Statute 215.97)requirements, Subrecipient Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during most during most recently completed Fiscal Year recently completed Fiscal Year $ $ Check A.or B.Check C if applicable A.The Federal/State expenditure threshold for our fiscal year ending as indicated above has been met ❑ and a Circular A-133 or 2 CFR Part 200,Subpart F Single Audit has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B.We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200,Subpart F because we: ❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization 0 Are exempt for other reasons—explain An audited financial statement is attached and if applicable,the independent auditor's management letter. C.Findings were noted,a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit reports. While we understand that the audit report contains a written response to the finding(s),we are requesting an updated status of the corrective action(s)being taken.Please do not provide just a copy of the written response from your audit report,unless it includes details of the actions,procedures,policies,etc. implemented and when it was or will be implemented. Certification.Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/15" • The Shelter for Abused Women&Children ES16-0021D1Sti 553 Emergency Solutions Grant Page 34 aflH;o ienoaddy: 2866) ;uewaaa6y luaidpaagns LI-9602 9s3 uawoM pesngy ao).aamags :;ueWLpefd 0.� f T� EXHIBIT"E" EMERGENCY SHELTERS The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Emergency Shelters,as applicable: 24 Cr1t 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet State or Local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety, sanitation and privacy standards. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act(29 U.S.C. 794) and implementing regulations at 24 CFR Part 8;the Fair Housing Act(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35;where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation.The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary' facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store,prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions.The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter.Where possible,smoke detectors must be located near sleeping areas.The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. The Shelter for Abused Women&Children ESI6-002IDIS#553 Emergency Solutions Grant Page 35 112111 �F ot1H Io ienoaddd : Z96i) lueweei6y lueIdpeagnS LI-9I.0Z 963 uewo,pesngd ao;ie;lays auewyoelld w co... oma" x° d EXHIBIT"F" "as 0 PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing,as applicable: 24 CFR 576.403(c) Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph.The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act(29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100;and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35;where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply.The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store,prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions.The shelter must be maintained in a sanitary condition. (11) Fire safety.There must,be at least one working smoke detector in each occupied unit of the shelter.Where possible,smoke detectors must be located near sleeping areas.The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. The Shelter for Abused Women&Children. ES16-002 IDIS#553 Emergency Solutions Grant Page 36. af1H}o ienoaddy : Z96 I.) ;ueweaa6y}ueidpeignS LI.-91.0Z 9S3 uawoM pesngy Jo}as;days :;uauwyoeUV ti� I ate' cs EXHIBIT"G" o. COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs (a)Consultation with the Continuum of Care.The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; developing the performance standards for,and evaluating the outcomes of,projects and activities assisted by ESG funds; and developing funding,policies,and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate,to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for that area.These programs include: (1) Shelter Plus Care Program(24 CFR part 582); (2) Supportive Housing Program(24 CFR part 583); (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals(24 CFR part 882); (4) HUD Veterans Affairs Supportive Housing (HUD—VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008)); (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII—B of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq.)); (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act(42 U.S.C.290aa-5); (7) Healthcare for the Homeless(42 CFR part 51c); (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)); (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act(42 U.S.C.290cc-21 et seq.)); (10) Services in Supportive Housing Grants(section 520A of the Public Health Service Act); (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11331 et seq.)); (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act(42 U.S.C. 13975)); (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act(38 U.S.C.2021); (14) Domiciliary Care for Homeless Veterans Program(38 U.S.C.2043); (15) VA Homeless Providers Grant and Per Diem Program(38 CFR part 61); (16) Health Care for Homeless Veterans Program(38 U.S.C.2031); (17) Homeless Veterans Dental Program(38 U.S.C. 2062); (18) Supportive Services for Veteran Families Program(38 CFR part 62);and (19) Veteran Justice Outreach Initiative(38 U.S.C.2031). n The Shelter for Abused Women&Children ES16-002ID1S#553 Emergency Solutions Grant Page 37 arm}o ienoaddb : Zs66) ;uewaaa6v ue!dpaagnS L6-914Z 9S3 uawoM pesngy ioj.10 11049 :11.101ayoe;;b► ', " Gi010 a (c)System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate,to the maximum extent practicable,ESG-funded activities with mainstream a.%) housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g)(24 CFR parts 905,968,and 990); (2) Housing programs receiving tenant-based or project-based assistance under section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 14370 (respectively 24 CFR parts 982 and 983); (3) Supportive Housing for Persons with Disabilities(Section 811)(24 CFR part 891); (4) HOME Investment Partnerships Program(24 CFR part 92); (5) Temporary Assistance for Needy Families(TANF)(45 CFR parts 260-265); (6) Health Center Program(42 CFR part 51 c); (7) State Children's.Health Insurance Program(42 CFR part 457): (8) Head Start(45 CFR chapter XIII,subchapter B); (9) Mental Health and Substance Abuse Block Grants(45 CFR part 96);and (10) Services funded under the Workforce Investment Act(29 U.S.C.2801 et seq.). (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements,to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The recipient and subrecipient must work with the Continuum of Care to ensure the screening, assessment and referral of program participants are consistent with the written standards �1 required by paragraph(e)of this section.A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. The COUNTY must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. The recipient must describe these standards in its consolidated plan. At a minimum these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG; (2) Standards for targeting and providing essential services related to street outreach; (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations,e.g., victims of domestic violence, dating violence, sexual assault, and, stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest; (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families'needs for essential services related to emergency shelter; (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re-housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable); The Shelter for Abused Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 38 of1H do ienoaddV : Z966) lueweei6y luaidpeagnS L6-960Z os3 uawoM pesnqy iol is eqS :lueWg3elly CD I cd t t r � (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families y a and individuals will receive rapid re-housing assistance; (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re- housing assistance; (8) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time;and (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide to a program participant, including the limits,if any, on the homelessness prevention or rapid re-housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant receive assistance; or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the subrecipient is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. The Shelter for Abused Women&Children ES16-002 IDIS#553 Emergency Solutions Grant Page 39 0 0: 9, FAIN# B-16-UC-12-0016 Federal Award Date Est. 10/2016 Federal Award Agency HUD 7 CFDA Name Community Development aa) Block Grant E m CFDA/CSFA# 14.218 °_' Total Amount of $23,000 a Federal Funds Awarded c Subrecipient Name United Cerebral Palsy of C� Southwest Florida, Inc. a (UCP) 9 DUNS# 078476765 3 FEIN 59-1796622 w R&D No -: a Indirect Cost Rate No Period of Performance 10/01/2016-09/30/2017 m x Fiscal Year End 6/30 1 ra Monitor End: 12/2017 'o L Q j Q AGREEMENT BETWEEN COLLIER COUNTY Q AND Co UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA,INC. !' THIS AGREEMENT is made and entered into this day of 20_, by and between a Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its w principal address at 3339 E Tamiami Trail, Naples FL 34112, and United Cerebral Palsy of Southwest a, Florida,Inc.,(UCP)("Subrecipient"),having its principal office at 9040 Sunset Drive,Miami, FL 33173. ccoo 0 N WHEREAS, the County has entered into an agreement with the United States Department of >- Housing and Urban Development (HUD) for a grant for the execution and implementation of a m Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of v the Housing and Community Development Act of 1974(as amended);and w atta WHEREAS,the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan — One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Programas with Resolution 2016-147 on June 28,2016—Agenda Item 11E; and v I -a cu WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan c concerning the preparation of various Annual Action Plans, the County advertised a substantial m amendment on date May 20,2016 with a 30 day Citizen Comment period from May 20,2016 to June 20, c m 2016;and E s u m WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County Zi CDBG program;and UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Packet Pg. 1270 16D.6.g WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG UCP Ride for Life-Transportation Services Project;and o r / NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by w the Parties as follows: I L 1 ct PART I SCOPE OF WORK As L 6" E. The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required asa) .Q a condition of providing CDBG assistance as provided herein and, as determined by Collier County E Community and Human Services(CHS)Division,perform the tasks necessary to conduct the program as ce follows: ' co m m Project Name: Ride for Life Transportation Services s 0 Description of project and outcome: c o. CHS as an administrator of the CDBG program will make available CDBG funds up to the gross Q amount of $23,000 to United Cerebral Palsy of Southwest Florida, Inc. (UCP) to be used to ot support salaries for staff and drivers to transport persons with disabilities. r r c Activities will include but not be limited to: transportation services for adult persons with a) disabilities allowing them to access vital Life Skills, community inclusion events, and e employment training. a co 1.1 SPECIAL GRANT CONDITIONS N A. Within thirty(30)calendar days of the execution of this agreement,the Subrecipient must m deliver to CHS for approval a detailed project schedule for the completion of the project. v B. The following resolutions and policies must be adopted by the Subrecipient's governing y body within thirty(30)days of award of this agreement: a iii ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy v ® Conflict of Interest Policy o ® Procurement Policy c ❑ Uniform Relocation Act Policy m ® Sexual Harassment Policy m O Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968,as amended(12U.S.C.794 1 u) al ® Procedures for meeting the requirements set forth in Section 504 of the <t ,..� Rehabilitation Act of 1973,as amended(29 U.S.C.794) ® Fraud Policy UCP I CD16-009-IDIS#539 Ride for life-Transportation Services Packet Pg. 1 271 #.141,Rig C. Environmental Review Requirement(ERR)-No program costs can be incurred until an environmental review of the proposed project is completed, and approved by HUD. Further,the Subrecipient will not undertake any activity or commit any funds prior to the r HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. a) Violation of this provision will result in the denial of any reimbursement of funds under d this Agreement. Q 1.2 PROJECT DETAILS 6' A. Project Description/Project Budget a U d Ride for Life Transportation Services Federal Amount re CDBG funds are to support salaries for staff and drivers to transport persons with $23,000 N disabilities. o m x Activities will include but not be limited to: transportation services for adult persons c with disabilities allowing them to access vital Life Skills,community inclusion events, o and employment training. o a. *Beneficiaries may be transported to various a sites to enhance their life learning skills CO 01 � $23,000 Total Federal Funds: s d E m m The Subrecipient will accomplish the following checked project tasks: co a ❑ Pay all closing costs related to property conveyance c"v ® Maintain and provide to the County as requested beneficiary income certification documentation o ® Maintain National Objective Documentation ca ® Provide Quarterly reports on National Objectives and project progress vii ® Required attendance by a representative from executive management at quarterly a partnership meetings,as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of m construction or rehabilitation. v ❑ Identify Lead Project Manager c El Provide Site Design and Specifications .. ❑ Comply with Davis Bacon Labor Standards, if necessary c ❑ Provide certified payroll weekly throughout construction and rehabilitation,if necessary CD E O Comply with Uniform Relocation Act(URA),if necessary 0 ❑ Ensure applicable numbers of units are Section 504/ADA accessible os ❑ Ensure the applicable affordability period for the project is met < B. National Objective 1 UCP 'CD16-009-IDISi1539 Ride for Life-Transportation Services Packet Pg 1272 16.D.6.g' The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMC-Presumed Eligible Beneficiaries). As such the Subrecipient shall be responsible for 4 ensuring that all activities and beneficiaries meet the definition of: of E a> w 0 LMA—Low/Mod Area Benefit c) ® LMC—Low/Mod Clientele Benefit or presumed Low Mod Clientele c 0 LMH—Low/Mod Housing Benefit as 11LMJ—Low/Mod Job Benefit (.1..i a) a. LMA: Must document where at least 51% of the residents are LMI persons which by 5 rt HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. in LMC: Must document that at least 51% of persons served, are low to moderate income ca households, in order to meet a CDBG National Objective. Failure to achieve the national x objective under this agreement will require repayment of the CDBG investment under this C ra agreement. o LMH: Must document providing or improving permanent residential structures, which a upon completion will be occupied by LMC households. Structures with three or more units must Q have at least 51% occupied by LMC households. Failure to achieve the national objective under cv 00 ,.,, this agreement will require repayment of the CDBG investment under this agreement. ca LAU:Must document job creation and retention LMI benefit national objective addresses activities designed to create or retain permanent jobs,at least 51% of which(computed on a full- E time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the m national objective under this agreement will require repayment of the CDBG investment under Q this agreement. T N C. Performance Deliverables LL m Program Deliverable Deliverable Supporting Submission Schedule o U Documentation y Special Grant Condition Policies Policies as stated in this Within thirty(30)days of a (Section 1.1) agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement .c execution and Annually within d thirty(30)days of renewal U Detailed project Schedule Project Schedule Within thirty(30)days of agreement execution-N/A E m Project Plans and Specifications Site Plans and Specifications Prior to Construction Start-N/A Submission of Progress Report Exhibit C Quarterly reports.Annual closeout report. E Financial and Compliance Audit Exhibit E,and Audit Annually 9 months after FY end Continued Use Certification Continued Use Affidavit,if Annually until 20217 N/A Q applicable Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve of rehabilitation and annually 1 i ucr CD16-009-IDIS#1539 Ride for Life-Transportation Services Packet Pg. 1273 , 16 D6.g thereafter until 2017--N/A Program Income Reuse Plan Plan Approved by the County Annually thereafter until 2017- N/A w m D. Payment Deliverables L a Payment Deliverable Payment Supporting Submission Documentation Schedule c ca CDBG funds are to support salaries for staff Submission of monthly invoices Submission of c9 and drivers to transport persons with and backup as evidenced by monthly invoices. disabilities. invoice/Timecards/Payroll U Registers/Summary/canceled Activities will include but not be limited to: checks or banking Q transportation services for adult persons with documents/Exhibit B and any disabilities allowing them to access vital Life additional documentation as Skills, community inclusion events, and requested employment training. 10% retainage released upon the �a *Beneficiaries may be transported to various sites to completion of CHS Monitoring. c enhance their life learning skills 2 a Final retainage held, will be released upon documentation that at least 51% of persons served are low to moderate income persons/households, in order to meet a CDBG National Objective. Failure on behalf of the subrecipient in achieving the National Objective under this agreement will require repayment of the CDBG investment. aci E m 1.3 PERIOD OF PERFORMANCE ar co Services of the Subrecipient shall start October 1,2016 and shall end on September 30,2017. u_ 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Twenty Three Thousand Dollars($23,000.00). To For the use by the SUBRECIPIENT during the term of the agreement (hereinafter, shall be a ca referred to as the"Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted 'a fund shifts among line items shall not be more than 10%of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be made with Board approval. E The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. Q 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. UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Packet Pg.x'1274""s 16.13.6-g 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. E Payments shall be made to the SUBRECIPIENT when requested as work progresses but,not a) more frequently than once per month. Reimbursement will not occur if Subrecipient fails to a perform the minimum level of service required by this agreement. ca Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement a may not be processed without written authorization from the Grant Coordinator. '_ 121 1 tX The County Manager or designee may extend the term of this agreement for a period of up to 180 zco days after the end of the agreement. Extensions must be authorized in writing by formal letter to 0 the Subrecipient and reported to the Board on a quarterly basis. z 0 No payment will be made until approved by CHS for grant compliance and adherence to any and c all applicable local, state or Federal requirements. Payment will be made upon receipt of a a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known Q as the"Local Government Prompt Payment Act." co 1.5 COST PRINCIPLES t c a) E Payments to the Subrecipient are governed by the Federal grants management rules for cost cv allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section Q (Section I.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR co 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for N reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically m to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide v adequate documentation for validating costs incurred. Payments to Subrecipient's contractors and y vendors are conditioned upon compliance with the procurement requirements provided for in 2 a CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in L compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart cu E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the v Developer in order for the County to remain compliant with its obligation to follow 2 CFR a Subpart E. The Developer will use adequate internal controls, and maintain necessary source c documentation for all costs incurred and adhere to any other accounting requirements included in m this agreement. a) E ._ 1.6 NOTICES co Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier,personal delivery,or sent by facsimile or other electronic means. Any notice UCP CD16-009-IDIS4539 Ride for Life-Transportation Services Packet Pg. 1275 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. a E m d L COLLIER COUNTY ATTENTION:Rosa Munoz,Grant Coordinator ccs 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 e Email:RosaMunoz@colliergov.net a Telephone: (239)252-5713 m . SUBRECIPIENT ATTENTION:Kirk Zaremba and Cassy Beaver in United Cerebral Palsy of Southwest Florida,Inc. 9040 Sunset Drive Miami,FL 33173 0 mai lto:kzaremba asunrisegroup.org mai lto:cassandrabeaverasunrisegroup.org 2 Telephone: 305-273-3055 &239-643-5338 Ext 101 a a N CO C., r L E C) d L d r c N LL 0 m U N a L .Q L ♦d� V .F+ E CC V UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Packet Pg 1276 I6.D.6g, PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS m 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. Q Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer,or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. 0 The determination of amounts of Federal awards expended shall be in accordance with guidelines a established by 2 CFR Part 200, Subpart F-Audit Requirements. OD 2.2 RECORDS AND DOCUMENTATION c � The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to m determine compliance with the requirements of this agreement,the CDBG Program and all other a applicable laws and regulations. This documentation shall include, but not be limited to, the co following: u. A. All records required by CDBG regulations. m B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. �a I C. All reports, plans, surveys, information, documents, maps,.books, records and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the �j purpose of this agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this agreement, including matching funds and Program Income. These records shall be maintained to the ;a extent of such detail as will properly reflect all net costs, direct and indirect labor, a UCP CD16-009-1DIS#539 Ride for Life-Transportation Services Page 8 Packet Pg. 1277 16.4 6.g materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this agreement. U, D. Upon completion of all work contemplated under this agreement copies of all documents d and records relating to this agreement shall be surrendered to CHS if requested. In any as event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a) a readily accessible, permanent and secured location for five (5) years after the date of a submission of the annual performance and evaluation report, as prescribed in 2 CFR ca 200.333 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all m litigation,claim or audit findings involving these records are resolved. The COUNTY o -- o shall be informed in writing if an agency ceases to exist after closeout of this agreement ix 22 of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all requirements for retaining public records and transfer,at no cost,to COUNTY all public o 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 o public records disclosure requirements. All records stored electronically must be Ta provided to the COUNTY in a format that is compatible with the information technology a systems of the public agency. a N E. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon oo Law, including files containing contractor payrolls, employee interviews, Davis-Bacon } wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records z.E showing contractor compliance with the Contract Work Hours and Work Safety Law. m Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal Q purchasing requirements and with other federal requirements for grant implementation. co 0 N 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 m HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter v on the SUBRECIPIENT's compliance. y ca a G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 ls CFR 570.208 and the eligibility requirement(s) under which funding has been received, -c) E' have been met. These also include special requirements such as necessary and v appropriate determinations as defined in 24 CFR 570.208, income certification, and d written agreements with beneficiaries,where applicable. c m H. SUBRECIPIENT shall provide the public with access to public records on the same m 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. as SUBRECIPIENT shall ensure that public records that are exempt or confidential and C n UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Page 9 Packet Pg. 1278 16.D.6.g exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. N 2.3 MONITORING a E m m During the term, SUBRECIPIENT shall submit an annual audit monitoring report(Exhibit E)to a the COUNTY no later nine(9)months after the Single Audit(or one hundred eighty(180)days c for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end. The c COUNTY will conduct an annual financial and programmatic review. c a) The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site '� monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, ce a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation in of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon p the request of CHS, submit information and status reports required by CHS or HUD to enable = CHS to evaluate said progress and to allow for completion of reports required. The o SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site c visits may be scheduled or unscheduled as determined by CHS or HUD. a. a. a The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate N aD fraud,waste, abuse,or non-performance based on goals and performance standards as stated with a) all other applicable federal, state and local laws, regulations, and policies governing the funds t provided under this agreement further defined by 2 CFR 200.331. Substandard performance as E determined by the COUNTY will constitute noncompliance with this agreement. If corrective ai action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified R by the COUNTY, contract suspension or termination procedures will be initiated. co SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General N Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records tui related to performance of activities in this agreement. m c) U 2.4 PREVENTION OF FRAUD AND ABUSE ,n a. SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient ii to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this _0 Agreement and to provide for the proper and effective management of all Program and fiscal v activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and a other significant events are to be clearly documented and the documentation shall be readily c D available for monitoring by COUNTY. c a> SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and .= agents for the purpose of monitoring or investigating the performance of the Agreement. a SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent a waste,fraud and abuse. UCP I CD16-009-ID15#539 Ride for Life-Transportation Services Page 10 Packet Pg 1279 16D6g ;, SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority,if the report is made in good faith. 2.5 CORRECTIVE ACTION L 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 c acceptable progress on such corrective action plans. = I a) In order to effectively enforce Resolution No. 2013-228,Community and Human Services(CHS) m has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers,or re any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 0 x 1. Initial non-compliance may result in Findings or Concerns being issued to the o entity and will require a corrective action plan be submitted to the Division c within 15 days following issuance of the report. a Q. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA)to the entity as needed in order to correct the non-compliance issue. m Lcss. 2. If in the case an Entity fails to submit the corrective action plan in a timely co manner to the Division,the Division may require a portion of the awarded grant amount be returned to the Division. u. m • The County may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion .of the Board of County Commissioners. a • The entity may be considered in violation of Resolution No.2013-228 L d C.) 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats d an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,be returned to the Division. -� ct UCP CD16-009-IDIS/1539 Ride for Life-Transportation Services Page 11 Packet Pg. 1280 16D6g:; � I • The Division may require upwards of ten percent(10%)of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. c • The entity will be considered in violation of Resolution No.2013-228 L I 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. t7 c m • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The IX Entity will be required to repay all funds disbursed by the County for project N that was terminated. This includes the amount invested by the County for the initial acquisition of the properties or other activities. 0 • The entity will be considered in violation of Resolution No. 2013-228 0 L a If in the case the Entity has multiple agreements with the Division and is found to be non- Q compliant,the above sanctions may be imposed across all awards at the BCC's discretion. 00 C) 2.6 REPORTS a Reimbursement may be contingent on the timely receipt of complete and accurate reports d required by this agreement, and on the resolution of monitoring findings identified pursuant to a this agreement as deemed necessary by the County Manager or designee. co N During the term,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the LL 10th day of January,April,July and October respectively for the prior quarter period end.As part m 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"C".Exhibit"C"contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes; the need for additional information or �j I documentation arises; and/or legislative amendments are enacted. Reports and/or requested a documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this agreement. a 'A UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Page 12 Packet Pg._1281 16.Q 6 g PART III TERMS AND CONDITIONS N 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 a. judgment. 3.2 GENERAL COMPLIANCE Q 3 The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal ce Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning N 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 a: and (3) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS 0a revenue generated is not considered program income. The CDBG program was funded through Q the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal,state and local laws,regulations, and policies governing co 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. a) a> 3.3 INDEPENDENT CONTRACTOR co Nothing contained in this agreement is intended to, or shall be construed in any manner, as N creating or establishing the relationship of employer/employee between the parties. The >- u. SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the m services to be performed under this agreement.The Grantee shall be exempt from payment of all v Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' y Compensation Insurance,as the SUBRECIPIENT is an independent contractor. a L 3.4 AMENDMENTS a) C.) 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. cc 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 UCP C016-009-I13IS#539 Ride for Life-Transportation Services Page 13 Packet'Pg. 1282.`1 16D.6g such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS m 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 o 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 c this agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT ra under the terms of this agreement. ° 3.6 INDEMNIFICATION coN 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 v 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 a the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments which may issue there-on. This Indemnification shall survive the termination and/or expiration of this agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign m immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. r c as 3.7 GRANTEE RECOGNITION/SPONSORSHIPS c>: The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar UCP C016-009-IDISfr539 Ride for Life-Transportation Services Page 14 Packet Pg. 1283 16 D 6.grt public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: U) "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" a 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 cn In accordance with 2 CFR 200.339, 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 To portion to be terminated. However, if in the case of a partial termination,the Grantee determined 00. that the remaining portion of the award will not accomplish the purpose for which the award was a made,the Grantee may terminate the award in its entirety. oo a) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: co A. Failure to comply with any of the rules, regulations or provisions referred to herein, or Q such statutes,regulations, executive orders,and HUD guidelines,policies or directives as may become applicable at any time; u. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner m its obligations under this agreement; C. Ineffective or improper use of funds provided under this agreement;or a • D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect orco incomplete in any material respect. v E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this agreement;and G. Failure to materially comply with the terms of any other agreement between the County co and the SUBRECIPIENT relating to the project. UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Page 15 Packet Pgk'1284 16.D.6.g 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: U A. Require specific performance of the agreement, in whole or in part; as B. Require the use of or change in professional property management; a, C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds ca = SUBRECIPIENT has received under this agreement; D. Apply sanctions if determined by the County to be applicable; 5 E. Stop all payments until identified deficiencies are corrected; ❑ j 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 a Q. agreement. N 3.9 REVERSION OF ASSETS oo In the event of a termination of this agreement and in addition to any and all other remedies available to the COUNTY (whether under this agreement or at law or in equity) the m SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, ca per 24 CFR 570.503(bX7). u. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the m COUNTY's right (nor excuse SUBRECIPIENT's obligation)to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). a a 3.10 INSURANCE m d SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until m all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried,at all times during its performance. d 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, Cost Principles and UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Page 16 Packet Pg. 1285 '46.D 6g Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Community Development Block Grants(24 CFR 570 et seq.). r+2 C 3.12 PURCHASING E a) m SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through a .326)and Collier County's purchasing thresholds. c coL Range: Competition Required c $0-$3,000 1 Written Quotea> .Q $3,000-$10,000 3 Written Quotes '5 $10,000-$50,000 3 Written Quotes $50,000+ , Bids,Proposals,Contracts(ITB,RFP,etc) 6 U) All improvements specified in Part I. Scope of Work shall be performed by Subrecipient D employees, or shall be put out to competitive bidding under a procedure acceptable to the. c COUNTY and Federal requirements. The Subrecipient shall enter into contracts for improvements with the lowest,responsible and qualified bidder. Contract administration shall be o handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records a and documents related to the project. N CO 3.13 PROGRAM GENERATED INCOME *s. E m No Program Income is anticipated. In the event there is Program Income derived from the use of rn CDBG funds disbursed under this agreement, such Program Income shall be retained by the d cc SUBRECIPIENT for use in the Community Development Grant Program. Any "Program c Income" (as such term is defined under applicable Federal regulations) gained from any activity c LL of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an t7 annual program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in o compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. In the v event there is a program income balance at the end of the Program Year,such balance shall revert ch to the COUNTY's Community Block Grant Program,for further reallocation. a. Ti L 3.14 GRANT CLOSEOUT PROCEDURES dW U V SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements areal completed. The Subrecipient may close out the project with the County after the year m affordability period has been met, if applicable. Activities during this closeout period shall c a) include,but not be limited to: making final payments, disposing of program assets(including the E return of all unused materials, equipment, program income balances, and receivable accounts to 0 the COUNTY), and determining the custodianship of records.In addition to the records retention a outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal '� UCP C1316-009-1DISN539 Ride for Life-Transportation Services Page 17 Packet Pg. 1286 16D.6, 9� 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 SUBRECIP1ENT is entitled under the terms and conditions of this agreement must c=, be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that cu complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. w. c 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE ti c I 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 o , agreement. O To the greatest extent feasible, lower-income residents of the project areas shall be given a opportunities for training and employment; and to the greatest feasible extent eligible business a concerns located in or owned in substantial part by persons residing in the project areas shall be Q awarded contracts in connection with the project. The SUBRECIPIENT shall comply withco Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS a ENTERPRISES L � � The SUBRECIPIENT will use its best efforts to afford small businesses, minority business . co 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 r u_ 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 a 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 a 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 or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. 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 ucP CD16-009-IDIS#539 Ride for Life-Transportation Services Page 18 Packet Pg. 1287 16,D:64, under this agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit"C"of this agreement. 1,7 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's `t specifications an Affirmative Action Program in keeping with the principles as provided in (11- President's 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 •0 approval prior to the award of funds.The Affirmative Action will need to be updated throughout cc the five year period and must be submitted to County within 30 days of update/modification. z 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 a 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 a covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing E conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its m employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be a 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- (NI income residents of the project target area. run r7 m 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 a 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 m its employees shall be disclosed in writing to CHS 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. c 3.20 RELIGIOUS ORGANIZATIONS UCP CD16-009-IDIS#539 Ride for life-Transportation Services Page 19 Packet Pg: 1288 16.0.6.g 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) 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 a. religion. a) CC 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 x inherently religious activities, such as worship,religious instruction or proselytizing. o � I D. The funds shall not be used for the acquisition,construction or rehabilitation of structuresQ. to the extent that those structures are used for inherently religious activities. Where a Q 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 d ineligible for CDBG funded improvements. m 3.21 INCIDENT REPORTING N >- If services to clients are to be provided under this agreement, the subrecipient and any m subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child,aged person,or disabled adult to the County. c. 3.22 SEVERABILITY CD 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. UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Page 20 Packet Pg. 1289 16 0.6g-:` PART IV GENERAL PROVISIONS 'al- 'E 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.corneil.edu/cfr/text/24/part-570 a) L Q 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.tp1 13 6 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act ofm .Q 1974 as amended 5 http://portal.hud.gov/hudportal/HUD?src---/program_offices/fair housing_equal_opp/FH w .Q Laws/109 v� 0 4.4 The Fair Housing Act(42 U.S.C.3601-20)Reasonable Accommodations Under the Fair Housing i x ..- Act. Act.http://www.hud.gov/offices/flleo/library/huddojstatement.pdf o E.O. 11063 — Equal Opportunity in Housing > http://portal.hud g0ov/hudportal/HUD?src=/program_offices/fair housing equal opp/FH sz Laws/EX011063 Q.Q E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs N o0 http://www.archives.gov/federal-register/codification/executive-order/12259.html a) V 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. '18 http://www.law.cornell.edu/cfr/text/24/part-107 a' E a) e 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as a amended co http://partal.hud.gov/hudportal/HUD?src=/program_Offices/fair housing equal opp/prog N desc/title8 co >- 0 m 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which v prohibits discrimination and promotes equal opportunity in housing. y http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vo13-sec570- To 602.pdf Cii .6- a) 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders a) 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted a with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.govieeoc/history/35th/thelaw/eo-11246.html EO 11375 and 12086: see item#8 below a E u 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements a UCP C016-009-IDIS#539 Ride for Life-Transportation Services Page 21 Packet Pg.1290, .16-D-6-0'' I 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 w 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban w Development Act of 1968,as amended. Compliance with the provisions of Section 3 of the HUD E Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all a, applicable rules and orders issued hereunder prior to the execution of this contract, shall be a c condition of the Federal financial assistance provided under this contract and binding upon the i COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and c subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the w SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their 3 successors and assigns, to those sanctions specified by the agreement through which Federal re assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other a co disability exists that would prevent compliance with these requirements. p m x The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to o include the following language in all subcontracts executed under this agreement: o o a. "The work to be performed under this agreement is a project assisted under a program providing ,d direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of N the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 CO 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 E connection with the project be awarded to business concerns that provide economic ai opportunities for low-and very low-income persons residing in the metropolitan area in which the Q project is located." co 0 N The SUBRECIPIENT further agrees to ensure that opportunities for training and employment LL arising in connection with a housing rehabilitation (including reduction and abatement of lead- m based paint hazards), housing construction, or other public construction project are given to low- o U and very low-income persons residing within the metropolitan area in which the CDBG-funded N project is located; where feasible, priority should be given to low- and very low-income persons a within the service area of the project or the neighborhood in which the project is located, and to Ts I L 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 e 1 lead- based paint hazards), housing construction, or other public construction project to business a 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 d very low-income residents within the service area or the neighborhood in which the project is ._ e located,and to low-and very low-income participants in other HUD programs. a UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Page 22 Packet Pg. 1291 16 DW 6a g 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 C d 4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. t Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm C. 11063:http://portal.hud.gov/hudportal/HUD?src—/program offices/fair_housing equal_o pp/FHLaws/EXO 11063 11246:http://www.eeoc.gov/e,eoc/history/35th/thelaw/eo-11246.html12) .Q 11375:Amended by EO 11478 d 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 x 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 To 0 L 0. 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(6)(5),24 CFR 570.614 Subpart K. a Section 504: http://www.epa.gov/civilrights/sec504.htm c� 29 USC 776: http://law.onecle.com/uscode/29/776.html 24 CFR 570.614:http:/lwww.law.cornell.edu/cfr/text/24/570.614 C 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. co http://www.fhwa.dot.gov/realestate/ua/index.htm N 4.15 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use 0 of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Fonn 4010 must be included in all construction contracts funded by CDBG. (See 42 USC w 276a and 24 CFR 135.11(c). ti Ts 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 http://www.law.cornell.edu/cf/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 E Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally cti assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=23675 UCP CD16-009-EDISti539 Ride for Life-Transportation Services Page 23 Packet Pg. 1292 16.1).6• -g 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 E program for minority business enterprise http://www.mbda.gov/node/333 0 HUD Circular Letter 79-45 a 1 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and as contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discriminationw .Q 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- ce it vol3-sec570-608.pdf in E.O. 13279:http://fedgovcontracts.com/pe02-192.htm x 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. o http://www.ncbi.nlm.nih.gov/pubmed/12289709 'o L a. 4.19 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles,and Audit Qa requirements for Grants and Agreements. csi corn 4.20 Immigration Reform and Control Act of 1986 . http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html o E oo 4.21 Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, a either directly or indirectly, any favor,gift, loan, fee,service or other item of value to any County cc employee, as set forth in Chapter 112,Part III, Florida Statutes, Collier County Ethics Ordinance N No.2004-05,as amended,and County Administrative Procedure 5311.Florida Statutes- uu. http://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter_112_part iii Collier m County- v http://bccspOl/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1% y 20Standards%20of%20Conduct.pdf 16 a . i3 L 4.22 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 a) 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 c 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 E the Contract Documents upon the Contractor at Owner's discretion. o ca a UCP CD16-009-IDIS#539 - Ride for Life-Transportation Services Page 24 Packet Pg 1293 7-''1#::(14.6.9- "—IN 6.D 6 g- 4.23 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 r c required for this item). a> E a> I". 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this a 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 El mediation shall be attended by representatives of SUBREC1PIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement2 .Q reached during negotiations to COUNTY for approval. Failing resolution, and prior to the i3 commencement of depositions in any litigation between the parties arising out of this agreement, w the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit N Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as o 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 o state court and the US District Court, Middle District of Florida, if in federal court. BY > ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT Q EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY a OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. N CO http://www.flsenate.gov/Laws/Statutes/2010/44.102 a' c 4.25 The SUBRECIPIENT agrees to comply with the following requirements: m a. Clean Air Act,41 USC 7401,et seq.http://www.law.cornell.edu/uscode/text/42/7401 m b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. Q http://www.law.cornell.edu/uscode/text/33/chapter-26 co 0 N 4.26 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 m an area identified by FEMA as having special flood hazards, flood insurance under the National v Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment N (LOMA) may be obtained from FEMA,which would satisfy this requirement and/or reduce the n. cost of said flood . insurance. http://www.ecfr.gov/cgi-bin/text- L idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 m 4:3.1.1.3.4.11.1.6&idno=24 a' v 2 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with E assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? aci c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. .c 1.1.3.4.11.1.9&idno=24 coZit UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Page 25 Packet Pg_.1294 ' 16D6•gti<<, { 4.28 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 w Protection of Historic Properties,insofar as they apply to the performance of this agreement. a� http://www.nps.gov/history/local-law/nhpaI966.htm http://www.ecfr.gov/cgi-bin/text- E idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main_02.tpl a) In general, this requires concurrence from the State Historic Preservation Officer for all c 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- taw/nhpa1966.htm a 5 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with ix the Drug-Free Workplace Act of 1988(41 USC 701). y http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 m m Z I. 4.30 The SUBRECIPIENT certifies that neither it,nor its principals, is presently debarred, suspended, o proposed for debarment, declared ineligible, or voluntarily excluded from participation in this ra transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not0. knowingly enter into any lower tier contract, or other covered transaction, with a person who is o similarly debarred or suspended from participating in this covered transaction as outlined in 24 N ,--. CFR 570.609,Subpart K. 00 http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 E 4:3.1.1.3.4.11.1.10&idno=24 d L 4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is 00 applicable, and agrees to adhere to the accounting principles and procedures required therein, N utilize adequate internal controls, and maintain necessary source documentation for all costs Ir,,, incurred.These requirements are enumerated in 2 CFR et seq. m m v 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be y submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal a year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit -17.1 financial statements to the COUNTY one hundred eighty (180) days after the end of the o Subrecipients fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt m of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in E m an audit after such closeout. c m Clarification of Eligible Audit Costs = The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost ce certification of costs performed by a certified public accountant. This has always been an eligible Q ^, cost;the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Page 26 Packet Pg.1295 ry 16.D6 9. 4 4.33 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 .12a I Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be E subject to the provisions of CDBG including, but not limited to, the provisions on use and m disposition of property. Any real property within the SUBRECIPIENT control, which is t 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 12 http://www.law.cornell.edu/cfr/text/49/24.101 c http://cfr.vlex.com/vid/570-505-use-real-propertyro er 19928754 m p p �Y- 'a ii a) 4.34 As provided in § 287.133, Florida Statutes by entering into this agreement or performing any rti work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, N 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. s http://www.lawserver.com/law/state/florida/statutes/florida statutes 287-133 Q Ix a 4.35 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, co 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 7..-,-,..... Congress in connection with the awarding of any Federal contract, the making of any Federal E grant, the making of any Federal loan, the entering into of any cooperative agreement, and the d extension, continuation, renewal, amendment, or modification of any Federal contract, grant, a) co loan,or cooperative agreement.If any funds other than Federal appropriated funds have been paid co or will be paid to any person for influencing or attempting to influence an officer or employee of N 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 m agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to m Report Lobbying," in accordance with its instructions. >. The undersigned shall require that the language of this certification be included in the award a documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under Iii grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and .Q disclose accordingly. wv m 4.36 Travel reimbursement will be based on the U.S.General Services Administration(GSA)per diem rates in effect at the time of travel. :: c a) 4.37 Any rule or regulation determined to be applicable by HUD. E IS ' 4.38 Florida Statutes 713.20,Part 1,Construction Liens a UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Page 27 Packet Pg 1296 16.D.6.4 http://www.leg.state.fl.uslStatutes/index.cfm?App_mode=Display_Statute&URL=0700- 0799/0713/0713.html 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/flarida statutes_119-021 4.40 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfiii?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html m (Signature Page to Follow) N D x 0 0 L a. a. Q Co CI .. E C) DiL Co O N >- u- re .re U >, a7 c � I m U w 4 C d v ns .0 UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Page 28 Packet Pg.1297 IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date forst written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA a, By: is ,Deputy Clerk DONNA FIALA,CHAIRMAN c9 w c .Q Date: V I as UNITED CEREBRAL PALSY OF SOUTHWEST rn Dated: FLORIDA,INC. _ (SEAL) By: James G.Weeks,PhD,VP-Secretaiy/Treasurer c Q Date: N CO w w Approved as to form and legality: E. /•� L Jennifer A.Belpedio I/� �. Assistant County Attorney 0\\ m N Date: W • CO U a a) a) U a) E v as • UCP CD16-009-IDIS#539 Rlde for Life-Transportation Services Page 29 Packet Pg1298F 1D g.x' • PART V EXHIBITS N rr EXHIBIT A E INSURANCE REQUIREMENTS a The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division, ea 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: •.3. 3 m 1. Workers' Compensation as required by Chapter 440,Florida Statutes. c 2. Commercial General Liability including products and completed operations insurance in the o 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 Q connection with this contract in an amount not less than $1,000,000 combined single limit Q for combined Bodily Injury and Property Damage. Collier County shall be named as an additional N co insured. a) c 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 SUBRECIP1ENT or the licensed design N professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per tom,_ 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 SUBRECI!_PIENT in w connection with this contract. This insurance shall be maintained for a period of two (2) years a after the certificate of Occupancy is issued. Collier County shall be named as an additional 73 insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one cc 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. UCP CD16-009-I DIS#539 Ride for Life-Transportation Services Page 30 Packet Pg. 1299 "16,D 6..gr£' 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 c 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: a) 5 7. Workers' Compensation as required by Chapter 440,Florida Statutes. N 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 0a a connection with this contract in an amount not less than$1,000,000 combined single limit et for combined Bodily Injury and Property Damage. Collier County as an additional insured. 00 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.1.M.A. a) 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full co replacement values of the structure(s)or the maximum amount of coverage available through the N National Flood Insurance Program(NFIP).The policy must show Collier County as a Loss Payee A.T.I.M.A. CO U U) 0. d U ;.o c m E .c v c� a UCP C016-009-1015#539 Ride for Life-Transportation Services Page 31 Packet Pg 1300 :'-'-16'.6.'64, I EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT r c a, E a) E I. SECTION I:REQUEST FOR PAYMENT a c Recipient Name:United Cerebral Palsy of Southwest Florida,Inc.(UCP) `s Recipient Address: 9040 Sunset Drive,Miami,FL 33173 c Project Name:Ride for Life Program-Transportation Services .E i # cu Project No: CD16-009 IDIS#539PaymentRequestl Total Payment Minus Retainage i 0 Period of Availability: through . ea I Period for which the Agency has incurred the indebtedness through . o To 0 SECTION II: STATUS OF FUNDS 0. Grant Amount Awarded $ `c Sum of Past Claims Paid on this Account $ N co ca Total Grant Amount Awarded Less Sum of Past ...—$ �, Claims paid on this Account E Amount of Previous Unpaid Requests $ a! L Amount of Today's Request $ 10%Retainage Amount Withheld $ `o 0 Current Grant Balance (Initial Grant Amount $ >- Awarded Less Sum of all requests) m 0 1 certify that this request for payment has been made in accordance with the terms and conditions of the �, Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and N �a belief,all grant requirements have been followed. a �a .8 L a) 0 Signature Date •0 .wE Title m r Authorizing Grant Coordinator Authorizing Grant Accountant c E .c Supervisor Division Director Y (Approval required$15,000 and above) (Approval Required$15,000 and above) Q UCP CD16-009-IDIS#S39 Ride for Life-Transportation Services Page 32 Packet Pg. 1301 -16:0.64 EXHIBIT"C" QUARTERLY PERFORMANCE REPORT DATA r c GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Q Reports.The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipien shall submit the information contained herein within ten(10)days of the end of each calendar quarter. • m QUARTERLY PROGRESS REPORT13 1 .Q d Sub-recipients:Please fill in the following shaded areas of the report I Cl) Agency Name: United Cerebral Palsy of Southwest Florida,Inc. Date: O Project Title: Ride for Life Program-Transportation Services O L a. Alternate a Program Contact: Gassy Beaver Contact: Kirk Zaremba N CD CA Telephone Number: 239-643-5338X101 or(305)273-3055 Activity Reporting Period Report Due Date October 1st-December 31th January 10" as January 31t—March 31u April 106i ct April est—June 301h July 1016 CO July 1st—September 30th October 10th >- u_ Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. cn Please tetheo , " :bal(sj iron your appro d c on-&sub-recipien:4greeme 4ntl Indict tl.-0 geess n h`e'eti0 co 1. f # ak 0bn04aegeen eo e - t . _ i — .12 A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. CDU •O ev Outcome 1: 10 adult persons with disabilities will benefit from the transportation services. Outcome 2: Maintain staff and drivers to deliver the transportation program. Outcome 3; Documentation of national objective achievement, LMI/LMC-Presumed Low Mod Clientele co UCP CD16-009-IDIS1539 Ride for life-Transportation Services Packet Pg .1302 16064t' B.Goal Progress:Indicate the progress to date in meeting each outcome goal. Outcome 1. r Outcome 2. co a) 'En Outcome 3. C ca ,L^ E , d Q d i_110:41)isproject 1 1n compliant w h the original pro ect chedule?it ttio n 2 months behind schedule,must s'ubr it a n w 2• tirnelinfor ap , i D ❑ � . Yes No 0 If no,explain: 0.. N co v- C 3. $ince Qctober 1,2016,of the persons assisted,how many; w L a. ...now have new access(continuing)to this service or benefit? 0 co b. ...now has improved access to this service or benefit? 0 >- c, ...now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 U N NG 4. Whattundingsourcesre applied.for this riod 1 p gram years k Other Consolidated Plan Funds CDBG - d Other Federal Funds ESG C.)• State/Local Funds HOME Total Entitlement Total Other Funds $ 0.00 Funds $ 0.00 v a �1. UCP C016-009-IDIS#539 Ride for Life-Transportation Services • Packet Pg. 1303' 16.D 6.g 5. Ylfhat.is the t.tai number,+f: NDUPLICATED clients served this c uarterr tf:applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: Total No.of female head of household: 0 c 6. lA :togi the total tier ler otplI UcATEP?cllerttss$tgred;;i a October,if app icabte E tv a. Total No.of adult females served: 0 Total No.of females served under 18: 0 >SJ Q b. Total No.of adult males served: 0 Total No.of males served under 18: 0 c ea C9 TOTAL: 0 TOTAL: 0 c � c. Total No.of families served: 0 Total No.of female head of household: 0 •.Q v Complete EITHER question#7 OR#8, Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit y categories. Complete question Rif any client In your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8 .I? 7. 1*1"1 t111111w01$ N 11 1 tt ?A-A, y4..-1 $_ C}T°i 221 Ti i=#CITY-DA'fil`-I IU,AI„ OE 7 Indicate the total number of UNDUPLICATED persons sewed indicate the total number of a DUPLICATED persons served since October 1 who fall Into each presumed benefit category since October 1 who fall into each income category(the total I (the total should equal the total In question#6) should equal the total in question#6) p REPORT AS: REPORT AS: 73 O Abused Children Homeless 0 Extremely low Income(0-30%) O L O Person Battered 0 Low Income(31-50%) 0. O Battered Spouses 0 Moderate Income(51-80%) Q O Persons wIHIV1AIDS 0 Above Moderate Income(>80%) tNI 00e- O Elderly Persons 0/ O Veterans ... /. O Chronically/Mentally II s. fv E O Physically Disabled Adults N O Other-Youth P. Q TOTAL: 0 TOTAL: p 0 .t— :..A _ - . O 9. se1a6t#[+t1bad :- - (if applicable) N>- Please indicate how many UNDUPLICATED clients served since October fall Into each race category.In addition to each race category,please LL Indicate how many persons In each race category consider themselves Hispanic(Total Race column should equal the total cell). m RACE ETHNICITY CI White 0 ;of whom,how many are Hispanic? 0 () BlaclJAfrican American 0 ;of whom,how many are Hispanic? 0 y Asian 0 ;of whom,how many are Hispanic? 0 lis LI. American it-Wien/Alaska Native 0 ;of whom,how many are Hispanic? 0 Native Hawaiian/Other Pacific Islander 0 ;of whom,how many are Hispanic? 0 . gIL American Indian/Alaskan Native&white 0 ;of whom,how many are Hispanic? 0 0 Black/African American&White 0 ;of whom,how many are Hispanic? 0 0 Am.Indian/Alaska Native&Black/African Am. 0 ;of whom,how many are Hispanic? 0 c Other Multi-racial 0 ;of whom,how many are Hispanic? 0 TOTAL: TOTAL:HISPANIC p C 0 N Name: Signature: E Your Typed name here represents your electronic signature V Title: 01 Q UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Packet Pg 1304. i6tD.6 grt EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand .for a future monitoring visits. E. L Effective Date: A. Household Information 'B Member Names—All Household Members Relationship Age 1 m 2 x 3 0 4 `° 5 2 0. 6 7 co O) B. Assets:All Household Members,Including Minors E Member Asset Description Cash Value Income a, from Assets Q 1 coC 0 N 2 >. 3 c9 4 m U 5 y 6 76 a 7 8 0.00 Total Cash Value of Assets B(a) 0.00 v Total Income from Assets B(b) 0.00 m If line B(a) is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) a)E UCP CD16-009-IDIS 539 Ride for Life-Transportation Services Packet Pg. 1305' 16.. g •••J\ C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors N Member Wages/ Benefits Public Other E Salaries / Assistance Income a) (include tips, Pensions Asset a) commissions, Income a bonuses,andco overtime) (Enter the greater of d 1 box B(b)or Q 2 box B(c), m 3 above,in Ce 4 box C(e) in 5 below) 6 I 6 7 �a 8 0 Totals (a) (b) (c) (d) (e) a 0.00 0.00 0.00 0.00 a Enter total of items C(a)through C(e). 0.00 rn This amount is the Annual Anticipated Household Income. V,� c D. Recipient Statement: The information on this form is to be used to determine maximum a) income for eligibility. I/we have provided, for each person set forth in Item A, acceptable a) verification of current and anticipated annual income. I/we certify that the statements are a true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. N u. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations 0 concerning income and assets or liabilities relating to financial condition is a misdemeanor of the o first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083. V N co a- i Signature of Head of Household Date m L. a) U a) w Signature of Spouse or Co-Head of Household Date '� m .F: c m Adult Household Member(if applicable) Date -E 4.1Zi Adult Household Member(if applicable) Date ''---N UCP CD16-009-IDIS#539 Ride for Life-Transportation Services Packet Pg. 1306- 16 D_6 g": E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the 1 provisions of the CDBG Program. The family or individual(s)constitute(s)a: 1 1 C CD Very-Low Income (VU) Household means and individual or family whose annual income w does not exceed 30 percentof the area median income as determined by the U.S. a Department of Housing and Urban Development with adjustments for household size. = (Maximum Income Limit$ ). to 1 c I ❑ Low Income (LI) Household means and individual or family whose annual income does n. 1 not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. 6 (Maximum Income Limit$ )• o m I ❑ Moderate Income (MOD) Household means and individual or family whose annual o income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household a size. a.Q (Maximum Income Limit$ ). CN03 1 n CM Based upon the (year) income limits for the Naples-Marco Island Metropolitan c Statistical Area(MSA)of Collier County, Florida. d Signature of the CDBG Administrator or His/Her Designated Representative: d L rn Q to o Signature Date cv Ca 0 U Printed Name Title y F. Household Data `° a. Number of Persons iii 1 • By Race I Ethnic' By Age S Native v American Hawaiian or 0th 0— 26— 41— .a Indian Asian Black Other Pac. White er 25 40 61 62+ m c Islander m Hispanic E Nonas- Hispani et /1 NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. UCP CD16-009-IDIStt539 Ride for Life-Transportation Services 'packet Pg. 1307 16R6g EXHIBIT E ANNUAL AUDIT MONITORING REPORT E CD Circular 2;CFR'200 500. requires Collier County to monitor subrecipierits i�f#ederal awards to determine.if ai subrecipients are compliantwith established, audit:requirements Accordingly, Collier County requires that all a appropriate documentation is provided:regarding your organizations compliance In determining Federal awards expended in a fiscal.year the entity must consider all sources of Federal awards f? based on when the activity related to tferal:award occurs, including any;Federal award provided ly Collier County Th`e determination of'amounhe de ts of`Federal awards expended shall:.be in accordance with quidehnes :a established:by 0MB Circular A=133 for fiscal years beginning before-December 26 2014 and:established by 2 CFR Part 200, Subpart`P Audit Requirements for fiscal years begintning on or after December 26 2014 This form may be used to monitor Florida Sinctie Audit Act(Statute 21 5 97)requirements Subrecipient United Cerebral Palsy.of Southwest Florida, Inc (UCP) ° Mattie = Last Dateiscal Year MMIDDIYY) c First;Date.of Fiscal_Year(MMIPDIYX) of F 0 Total Federal FinancialAssistance Expended Total State Financial Assistance Expended during a during most recently completed Fiscal Year mast recently completed Fiscal Yeair Q N co Check A. or B. Check C if applicable A.The Federal/State expenditure threshold for our fiscal year ending as indicated above has been a ❑ met and a Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F o because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization 14. ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's managemen letter. a C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit reports.While we understanc that the audit report contains a written response to the finding(s),we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. , implemented and when it was or will be implemented. Certification Statement r l hereby certifyahat the::above.information is trueand accurate E Signature Date Print Name and Title 06/15 UCP CD1G-009-1DIS#539 Ride for Life-Transportation Services Packet Pg.'1308 y . 96n.6h FAIN# B-02-UC-12-0016 E B-05-UC-12-0016 aa) Federal Award Date Est. 10/2016 6 a Federal Award Agency HUD E CFDA Name Community Development BIock Grant CFDA/CSFA# 14.218 d Total Amount of $124,000 °' Federal Funds Awarded a) a Subrecipient Name The Shelter for Abused .Q Women&Children, Inc. cn DUNS# 836680769 0 FEIN 59-2752895 = R&D No c Indirect Cost Rate No > Period of Performance 10/01/2016-9/30/2017 o CL CL Fiscal Year End 6/30 a Monitor End: 12/2023 N CO 0 r AGREEMENT BETWEEN COLT:1FR COUNTY m AND m i a ,----N, THE SHELTER FOR ABUSED WOMEN&CHILDREN,INC. as a THIS AGREEMENT is made and entered into this day of 20_, by and between r Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its ca principal address at 3339 E Tamiami Trail, Naples FL 34112, and The Shelter for Abused Women & 0 Children,Inc.("Subrecipient"),having its principal office at P.O.Box 10102,Naples FL,34101. u. CDm WHEREAS, the County has entered into an agreement with the United States Department of c(j Housing and Urban Development (HUD) for a grant for the execution and implementation of a a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of 43 the Housing and Community Development Act of 1974(as amended);and t'aa off a WHEREAS,the Board of County Commissioners of Collier County approved the Collier County E Consolidated Plan -- One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Program with Resolution 2016-147 on June 28,2016—Agenda Item 11E;and m N WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan Q concerning the preparation of various Annual Action Plans, the County advertised a substantial :o amendment on date May 20,2016 with a 30 day Citizen Comment period from May 20,2016 to June 20, 2016;and .c y WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County m n CDBG program; and E ca z a SAWCC C016-007-IDIS#542 Packet P Security Improvements Pg. 1309 *1 6'.D 6 h c a) WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of m I each in the undertaking the CDBG Security Improvements Project;and Lrn Q NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed4.c by co the Parties as follows: c. c 1 m PART I SCOPE OF WORKIX .a The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as N a condition of providing CDBG assistance as provided herein and, as determined by Collier County D Community and Human Services(CHS)Division, perform the tasks necessary to conduct the program as c follows: c L Q. Project Name: SAWCC Security Improvements a a N Description of project and outcome: co 0 CHS as an administrator of the CDBG program will make available CDBG funds up to the gross m amount of$124,000 to The Shelter for Abused Women and Children (SAWCC) to be used for E installation of security improvements in order to increase security on the Shelter's main campus a) and at their transitional housing cottages which are located at undisclosed locations in Naples, Q T Florida. ti c6 0 Activities will include but not be limited to improvements such as: bid advertising,purchase and installation of surveillance cameras, purchase and installation of retractable poles of which will 0 be used for fixed surveillance. Purchase and installation of large automatic security gates and m motors for automobile entry onto the Shelters Main Campus which can be linked to keycard Uc readers and touchpad system including all associated costs. 45 U The property will be deed restricted for five(5)years commencing on the date of initially meeting otSm one of the National Objectives in accordance with 24 CFR 570.505. a) 0 1.1 SPECIAL GRANT CONDITIONS a 0 A. Within thirty(30)calendar days of the execution of this agreement,the Subrecipient must Q deliver to CHS for approval a detailed project schedule for the completion of the project. ,o B. The following resolutions and policies must be adopted by the Subrecipient's governing ate, body within thirty(30)days of award of this agreement: m .c ® Affirmative Fair Housing Policy E ® Affirmative Action/Equal Opportunity Policy .c^ ® Conflict of Interest Policy Zi SAWCC Co16-007-IaiS#542 Packet Pg 1310 Security Improvements 16D6,hf II a) ® Procurement Policy ® ct Uniform Relocation Act Policy �' � ® Sexual Harassment Policy a ® Procedure for meeting the requirements set forth in Section 3 of the Housing and c Urban Development Act of 1968,as amended (12U.S.C. 794 1 u) ® Procedures for meeting the requirements set forth in Section 504 of the tact Rehabilitation Act of 1973,as amended(29 U.S.C.794) i3 ® Fraud Policy °' C. Environmental Review Requirement(ERR) -No program costs can be incurred until an re environmental review of the proposed project is completed, and approved by HUD. v� Further,the Subrecipient will not undertake any activity or commit any funds prior to the D HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. _ 0 Violation of this provision will result in the denial of any reimbursement of funds underra this Agreement. a a 1.2 PROJECT DETAILS a N CO A. Project Description/Project Budget c m Security Improvements Federal Amount ^, Activities will include but not be limited to improvements such as: bid advertising, $124,000 L purchase and installation of surveillance cameras, purchase and installation of Q retractable poles of which will be used for fixed surveillance. Purchase and installation of large automatic security gates and motors for automobile entry onto the m Shelters Main Campus which can be linked to keycard readers and touchpad system N including all associated costs. >- u_ 00 Total Federal Funds: $124,0000 0 c L The Subrecipient will accomplish the following checked project tasks: v ce ® Pay all closing costs related to property conveyance m ® Maintain and provide to the County as requested beneficiary income certification c documentation Documentation m ® Maintain NationalObjectivev, ® Provide Quarterly reports on National Objectives and project progress Q ® Required attendance by a representative from executive management at quarterly c partnership meetings,as requested by CHS. ® Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. .co c ® Identify Lead Project Manager c ® Provide Site Design and Specifications E ® Comply with Davis Bacon Labor Standards,if necessary a ® Provide certified payroll weeldy throughout construction and rehabilitation,if necessary a SAWCC C016-007-IDIS#542Packet Pg: 1311 Security Improvements 16.D.6.h • Y _ a) ❑ Comply with Uniform Relocation Act(URA),if necessary a) ® Ensure applicable numbers of units are Section 504/ADA accessible La ® Ensure the applicable affordability period for the project is met c L tl B. National Objective t� a> The CDBG program funds awarded to Collier County must benefit low-moderate income persons •Q, (LMC-Presumed Eligible Beneficiaries). As such the Subrecipient shall be responsible for Tsm re ensuring that all activities and beneficiaries meet the definition of: .c c N ❑ C LMA—Low/Mod Area Benefit CI El LMC—Low/Mod Clientele Benefit or presumed Low Mod Clientele o LMH—Low/Mod Housing Benefit76 O LMJ—Low/Mod Job Benefit > 0 es o. LMA: Must document where at least 51% of the residents are LMI persons which by a HUD determined eligible census tracts. Failure to achieve the national objective under this c rn agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51% of persons served, are low to moderate income m households, in order to meet a CDBG National Objective. Failure to achieve the national a) objective under this agreement will require repayment of the CDBG investment under this a ''1 agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must m have at least 51% occupied by LMI households. Failure to achieve the national objective under tN this agreement will require repayment of the CDBG investment under this agreement. u. LMJ: Must document job creation and retention LMI benefit national objective addresses m activities designed to create or retain permanent jobs,at least 51% of which(computed on a full- v time equivalent basis) will be made available to or held by LMJ persons. Failure to achieve the c national objective under this.agreement will require repayment of the CDBG investment under this agreement. U,ts _ m C. Performance Deliverables c Program Deliverable Deliverable Supporting Submission Schedule N Documentation Special Grant Condition Policies Policies as stated in this Within thirty(30)days of .aa (Section 1.1) agreement agreement execution o Insurance Insurance Certificate Within 30 days of agreement execution and Annually within m thirty(30)days of renewal -_ to Detailed project Schedule Project Schedule Within thirty(30)days of agreement execution E Project Plans and Specifications Site Plans and Specifications Prior to Construction Start Ecc� Z Q SAWCC CD16-007-IDIS#542 Packet Pg. 1312 Security Improvements "16D6h 1 Submission of Progress Report Exhibit C Quarterly reports.Annually after closeout. aoi Financial and Compliance Audit Exhibit E,and Audit Annually 9 months after FY end QI until 2023 c Continued Use Certification Continued Use Affidavit,if Annually until 2023 applicable �' 1 Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion a , and Capital Reserve of rehabilitation and annually 0 thereafter until 2023 t I Program Income Reuse Plan Plan Approved by the County Annually thereafter until 2023- .21co0 D x D. Payment Deliverables o �a Payment Deliverable Payment Supporting Submission o Documentation Schedule a Activities will include but not be limited to Submission of supporting Submission of Q improvements such as: bid advertising, documents must be provided as monthly invoices. N purchase and installation of surveillance backup as evidenced by, banking co cameras, purchase and installation of documents, completed AIA G702- retractable poles of which will be used for 1992 form or equivalent document m fixed surveillance.Purchase and installation of per contractor's Schedule of E large automatic security gates and motors for Values and any additional as automobile entry onto the Shelters Main documents as needed. g Campus which can be linked to keycard readers and touchpad system including all Exhibit B m 0 associated costs. 10% retainage released upon the LL full installation and completion of tD security improvement activities m and monitoring clearance for the v project. _-CsL Failure on behalf of the subrecipient in achieving the National Objective under this agreement will require ay repayment of the CDBG investment under this agreement and aforementioned rehabilitation/construction c d agreement. E 0 1.3 PERIOD OF PERFORMANCE a► u) a Services of the Subrecipient shall start October 1,2016 and shall end on September 30,2017. a 15. 1.4 AGREEMENT AMOUNT a) m The COUNTY agrees to make available One Hundred Twenty Four Thousand Dollars m ($124,000.00). E For the use by the SUBRECIPIENT during the term of the agreement (hereinafter, shall be referred to as the"Funds"). a SAWCC CD16-007-IDIS#1542Packet Pg. 1313 Security improvements 16,46h; 4 _ a) E Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted d2 fund shifts among line items shall not be more than 10%of the total funding amount and does not cna signify a change in scope.Fund shifts that exceed 10% of the agreement amount shall only be ca 6' made with Board approval. 6 The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon :E.. completion or partial completion of the work tasks as accepted and approved by CHS. ZS CL SUBRECIPIENT may riot request disbursement of CDBG funds until funds are needed for 1 eligible costs, and all disbursements requests must be limited to the amount needed at the time in of the request. Invoices for work performed are required every month. 0_ SUBRECIPIENT may expend funds only for allowable costs resulting from obligations c incurred during the term of this agreement. If no work has been performed during that month, or 'a if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be C required. Explanations will be required if two consecutive months of$0 invoices are submitted. a 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 toCO N cn perform the minimum level of service required by this agreement. a.. a) Final invoices are due no later than 90 days after the end of the agreement. Work performed m during the term of the program but not invoiced within 90 days after the end of the agreement 4, may not be processed without written authorization from the Grant Coordinator. a ti The County Manager or designee may extend the term of this agreement for a period of up to 180 (; o days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. t.1 m No payment will be made until approved by CHS for grant compliance and adherence to any and v all applicable local, state or Federal requirements. Payment will be made upon receipt of a w properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." U o6 a) 1.5 COST PRINCIPLES c Payments to the Subrecipient are governed by the Federal grants management rules for cost -0 allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section u) (Section 1.5-Cost Principles)of this agreement, Subrecipient is defined as a described in 2 CFR a 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for ,o reimbursement shall identify the associated project and approved project task(s) listed under this a; Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically 0 to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide coco adequate documentation for validating costs incurred. Payments to Subrecipient's contractors and E vendors are conditioned upon compliance with the procurement requirements provided for in 2 ,_E^ CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in a <L SAWCC CD16-007-IDIS#542 Security Improvements Packet Pg 1314 r; � ag 16D6..h I compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the i Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), o commercial courier,personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and other written communications under this agreement shall be addressed to the individuals in the 2 capacities indicated below,unless otherwise modified by subsequent written notice. o a. N 0 Qs COLLIER COUNTY ATTENTION: Rosa Munoz,Grant Coordinator 3339 E Tamiami Trail,Suite 211 c Naples,Florida 34112 is Email:RosaMunoz@col.liergov.net Telephone: (239)252-5713 ti SUBRECIPIENT ATTENTION: Julie Franklin,Director of Operations The Shelter for Abused Women&Children P.O.Box 10102 Csl Naples,FL 34101 a_ ifranklin@naplesshelter.org C7o Telephone: 239-280-1350 = I ad co C�C �, V I a SAWCC C as-007-ID1S#t 542 Packet Pg: 1315 . _ Security Improvements 46Q6h i Z PART II a)m GRANT CONTROL I REQUIREMENTS a c 2.1 AUDITS 0 c At any time during normal business hours and as often as the COUNTY (and/or its a representatives) may deem necessary, the SUBRECIPIENT shall make available all records, w I documentation and any other data relating to all matters covered by the agreement for review, ,a 1 inspection or audit. mo n Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer,or xc Subrecipient within 30 days after receipt by the organization. Failure of the organization to 2 comply with the above audit requirements will constitute a violation of this contract and may ao result in the withholding of future payments. The Subrecipient hereby agrees to have an annual aa agency audit conducted in accordance with current Grantee policy concerning Subrecipient N audits. 00 o) P The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200,Subpart F-Audit Requirements. aa) 2.2 RECORDS AND DOCUMENTATION Q),..—. r- .- The - The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to c determine compliance with the requirements of this agreement,the CDBG Program and all other N applicable laws and regulations. This documentation shall include, but not be limited to, the 0 following: mo U c A. All records required by CDBG regulations. -Lca B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily oti would be required by COUNTY in order to perform the service. c a) E 0 C. All reports, plans, surveys, information, documents, maps,books, records and other data o procedures developed, prepared, assembled, or completed by the Subrecipient for the w purpose of this agreement shall be made available to the COUNTY by the 3 SUBRECIPIENT at any time upon request by the COUNTY or CHS.Materials identified a in the previous sentence shall be in accordance with generally accepted accounting ,o principles (GAAP), procedures and practices, which sufficiently and properly reflect all a; revenues and expenditures of funds provided directly or indirectly by this agreement, N including matching funds and Program Income. These records shall be maintained to the a.: extent of such detail as will properly reflect all net costs, direct and indirect labor, E r— SAWCC SAWCC CD16-007-IDIS#542 Page 8 Security Improvements Packet Pg_1316 16D6h* c materials, equipment, supplies and services, and other costs and expenses of whatever °1 E nature for which reimbursement is claimed under the provisions of this agreement. L a) a D. Upon completion of all work contemplated under this agreement copies of all documents E and records relating to this agreement shall be surrendered to CHS if requested. In any C. event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in c a readily accessible, permanent and secured location for five (5) years after the date of a submission of the annual performance and evaluation report, as prescribed in 2 CFR 1X 1 200.333 with the following exception: if any litigation, claim or audit is started before 11 the expiration date of the five (5) year period, the records will be maintained until all in litigation, claim or audit findings involving these records are resolved. The COUNTY 0 shall be informed in writing if an agency ceases to exist after closeout of this agreement = 0 of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet alliii requirements for retaining public records and transfer, at no cost,to COUNTY all public c records in possession of the SUBRECIPIENT upon termination of the contract and a destroy any duplicate public records that are exempt or confidential and exempt from a public records disclosure requirements. All records stored electronically must be 00 01 provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. d E E. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon ar I Law, including files containing contractor payrolls, employee interviews, Davis-Bacon aL wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records r showing contractor compliance with the Contract Work Hours and Work Safety Law. o Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal N r purchasing requirements and with other federal requirements for grant implementation. "- m c F. The SUBRECIPIENT will be responsible for the creation and maintenance of income c.> eligible files on clients served and documentation that all households are eligible under L HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter zS on the SUBRECIPIENT's compliance. V c G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 E CFR 570.208 and the eligibility requirement(s) under which funding has been received, 0 have been met. These also include special requirements such as necessary and m appropriate determinations as defined in 24 CFR 570.208, income certification, and cn written agreements with beneficiaries,where applicable. Q 0 H. SUBRECIPIENT shall provide the public with access to public records on the same e terms and conditions that the public agency would provide the records and at a cost that o S co 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 c V es •w SAWCC Q CD16-007-IDIS#542 Security Improvements Page 9 Packet Pg. 1317 1s- s h, 4 exempt from public records disclosure requirements are not disclosed except as a) m authorized by 2 CFR 200.336 and 2 CFR 200.337. a) en a 2.3 MONITORING L During the term, SUBRECIPIENT shall submit an annual audit monitoring report(Exhibit E)to c a) the COUNTY no later nine(9)months after the Single Audit(or one hundred eighty(180)days :E2. for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end. Thert COUNTY will conduct an annual financial and programmatic review. 11 co The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site 0cr monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, c a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation R of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon e the request of CHS, submit information and status reports required by CHS or HUD to enable a a CHS to evaluate said progress and to allow for completion of reports required. The N SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site ao visits may be scheduled or unscheduled as determined by CHS or HUD. CO r c The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate E fraud,waste, abuse,or non-performance based on goals and performance standards as stated with L all other applicable federal, state and local laws, regulations, and policies governing the funds ti provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this agreement. If corrective c action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified N• N by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General o Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records = related to performance of activities in this agreement. il.' 72 2.4 PREVENTION OF FRAUD AND ABUSE otf m SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this o Agreement and to provide for the proper and effective management of all Program and fiscal a activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and u) other significant events are to be clearly documented and the documentation shall be readily Q available for monitoring by COUNTY. .° a) SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and in agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY'S efforts to detect,investigate and prevent E waste,fraud and abuse. E t r Q SAWCC C016-007-IDIS#542 Page 10 Security Improvements Packet Pg 1318 '' 16.D.6.hE=! 11 c E SUBRECIPIENT may not discriminate against any employee or other person who reports a E violation of the terms of this Agreement or of any law or regulation to COUNTY or to any az I appropriate law enforcement authority,if the report is made in good faith. Q c L 2.5 CORRECTIVE ACTION c� c a� Corrective action plans may be required for noncompliance, nonperformance, or unacceptable 'Q. performance under this contract. Penalties may be imposed for failures to implement or to make (2 1 acceptable progress on such corrective action plans. a i 0 In order to effectively enforce Resolution No.2013-228,Community and Human Services(CHS) _ has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers,or c any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as TsO follows: o. o. Q 1. Initial non-compliance may result in Findings or Concerns being issued to the ct entity and will require a corrective action plan be submitted to the Division c4 within 15 days following issuance of the report. r • Any pay requests that have been submitted to the Division for payment will co �--. L be held until the corrective action plan has been submitted. co Q • CHS will be available to provide Technical Assistance (TA)to the entity as ch needed in order to correct the non-compliance issue. c N LL 2. If in the case an Entity fails to submit the corrective action plan in a timely (.8 manner to the Division,the Division may require a portion of the awarded grant mo U amount be returned to the Division. c as aL • The County may require upwards of five percent(5%) of the award amount V be returned to the Division, at the discretion of the Board of County 08 Commissioners. =m E 0 • The entity may be considered in violation of Resolution No.2013-228 a) co 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats m an issue that was previously corrected,and has been informed by the Division of `2 their substantial non-compliance by certified mail; the Division may require a 2 portion of the awarded grant amount or the amount of the CDBG investment for m acquisition of the properties conveyed,be returned to the Division. sm c m E /� .c 0 es .r Q SAWCC C016-007-IMO 542 Page 11 Security Improvements `Packet Pg.x1319, , .16'D 6,h4 I _ • The Division may require upwards of ten percent(10%)of the award amount 0m be returned to the Division, at the discretion of the Board of County a) Commissioners. a Z ca • The entity will be considered in violation of Resolution No.2013-228 c� _ 4. If in the case after repeated notification the Entity continues to be substantially Q non- compliant, the Division may recommend the contract or award be a) eL terminated. .6 c co • The Division will make a recommendation to the Board of County 0ci Commissioners to immediately terminate the agreement or contract. The xo Entity will be required to repay all funds disbursed by the County for projectTs that was terminated.This includes the amount invested by the County for the o initial acquisition of the properties or other activities. aa a • The entity will be considered in violation of Resolution No.2013-228 N00 a) If in the case the Entity has multiple agreements with the Division and is found to be non- m compliant,the above sanctions may be imposed across all awards at the BCC's discretion. E m a ar''� 2.6 REPORTS I- Reimbursement may be contingent on the timely receipt of complete and accurate reports c required by this agreement, and on the resolution of monitoring findings identified pursuant to N IA.this agreement as deemed necessary by the County Manager or designee. m 0 During the term,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 0 10th day of January,April,July and October respectively for the prior quarter period end.As part 45 L 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 ots 0 including, but not limited to, performance data on client feedback with respect to the goals and m objectives set forth in Exhibit"C". Exhibit"C"contains an example reporting form to be used E 0 in fulfillment of this requirement. Other reporting requirements may be required by the County �y Manager or designee in the event of Program changes; the need for additional information or m documentation arises; and/or legislative amendments are enacted. Reports and/or requested co documentation not received by the due date shall be considered delinquent and may be cause for a default and termination of this agreement. w m ar m A. a SAWCC CD16-007-IDIS$#542Page 12 Security Improvements Packet Pg 1320 16D6h °, c m PART III m TERMS AND CONDITIONS ar Q E I 3.1 SUBCONTRACTS L 6 No part of this agreement may be assigned or subcontracted without the written consent of the E' COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and :Q. judgment. -Q 1 3.2 GENERAL COMPLIANCE p m The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal xo Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, o except that (1) the SUBRECIPIENT does not assume the recipient's environmental a responsibilities described in 24 CFR 570.604 and (2)the SUBRECIPIENT does not assume the aN recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52CO and (3) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS a revenue generated is not considered program income. The CDBG program was funded through 18 the Housing and Community Development Act of 1974. The SUBRECLPIENT also agrees to E comply with all other applicable Federal,state and local laws,regulations,and policies governing L the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds a available under this agreement to supplement rather than supplant funds otherwise available. c~�o 0 N 3.3 INDEPENDENT CONTRACTOR } Nothing contained in this agreement is intended to, or shall be construed in any manner, as m creating or establishing the relationship of employer/employee between the parties. The v SUBRECIPIENT shall at all tunes 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' 0 Compensation Insurance,as the SUBRECIPIENT is an independent contractor. c a) E 0 3.4 AMENDMENTS a) The COUNTY or SUBRECIPIENT may amend this agreement at any time provided that such u amendments make specific reference to this agreement, and are executed in writing, signed by a c 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 m SUBRECIPIENT from its obligations under this agreement. -c co The COUNTY may, in its discretion, amend this agreement to conform with Federal, state or aci local governmental guidelines, policies and available funding amounts, or for other reasons. If E .r 4 SAWCC CD16-007-IDISit 542 Page 13 Security Improvements Packet Pg. 1321 16.0.6 h;. 412, _ such amendments result in a change in the funding, the scope of services, or schedule of the a activities to be undertaken as part of this agreement,such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. et CC L 3.5 AVAILABILITY OF FUNDS c7 a a> The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must .o."" be implemented in full compliance with all of HUD's rules and regulations and any agreement eL o between COUNTY and HUD governing CDBG funds pertaining to this agreement. In the event Q of curtailment or non-production of said federal funds,the financial sources necessary to continue y to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, 00 the COUNTY may terminate this agreement, which termination shall be effective as of the date xc 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 c agrees that it will not look to,nor seek to hold the COUNTY, nor any individual member of the a 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 SUBRECIPIENTN CO 0) under the terms of this agreement. A-. d 3.6 INDEMNIFICATION E a> L a"...., To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold ti harmless Collier County, its officers, agents and employees from any and all claims, liabilities, V' 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 u. agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or m any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the v performance of this agreement. This indemnification obligation shall not be construed to negate, 2 abridge or reduce any other rights or remedies which otherwise may be available to an -o 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 ca= the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments which may issue there-on.This Indemnification shall survive the termination and/or expiration of o this agreement. This section does not pertain to any incident arising from the sole negligence of o Collier County. The foregoing indemnification shall not constitute a waiver of sovereign coco immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall ct survive the expiration of termination of this agreement. ° a> 3.7 GRANTEE RECOGNITION/SPONSORSHIPS (11 w The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, m advertisements, descriptions of the sponsorships of the Program, research reports and similar Esn c SAWCC CD16-007-IDIS#542 Page 14 Security Improvements Packet Pg y 1322 ,16a6ht . ...... to SUBRECIPIENT4E 1 for, on behalf of, and/or about the a) public notices prepared and released by the E m Program shall include the statement: ;u as Q "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN E c SERVICES DIVISION" a) and shall appear in the same size letters or type as the name of the SUBRECIPIENT.This design LI 1 concept is intended to disseminate key information regarding the development team as well as ,Q Equal Housing Opportunity to the general public. Construction signs shall comply with o applicable COUNTY codes. z 1 w° 3.8 DEFAULTS,REMEDIES,AND TERMINATION a 0 In accordance with 2 CFR 200.339, this agreement may also be terminated for a.a convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth QN the reasons for such termination, the effective date, and, in the case of partial terminations, the CO 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 m made,the Grantee may terminate the award in its entirety. E a) as Iii) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this r, T agreement: to 0 A. Failure to comply with any of the rules, regulations or provisions referred to herein, or N such statutes,regulations, executive orders, and HUD guidelines, policies or directives as cl m may become applicable at any time; c� c) B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; v ors C. Ineffective or improper use of funds provided under this agreement;or m E D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. Ms .a E. Submission by the SUBRECIPIENT of any false certification; Q L. cu F. Failure to materially comply with any terms of this agreement;and a)s G. Failure to materially comply with the terms of any other agreement between the County c and the SUBRECIPIENT relating to the project. m 0 coZ Q SAWCC C016-007-IDIS#542Page 15 I Security Improvements Packet Pg. 1323-' 16©6h ai In the event of any default by SUBRECIPIENT under this agreement, the County may seek any m I combination of one or more of the following remedies: La) ct A. Require specific performance of the agreement,in whole or in part; _L 0 B. Require the use of or change in professional property management; E' C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG fundsc2 I SUBRECIPIENT has received under this agreement; -Q c Cl) D. Apply sanctions if determined by the County to be applicable; I w 0 E. Stop all payments until identified deficiencies are corrected; lis0 F. Terminate this agreement by giving written notice to SUBRECIPIENT of such aa termination and specifying the effective date of such termination. If the agreement is aN terminated by the County as provided herein, SUBRECIPIENT shall have no claim ofco payment or claim of benefit for any incomplete project activities undertaken under this agreement. cm E a> m 3.9 REVERSION OF ASSETS o✓ a In the event of a termination of this agreement and in addition to any and all other remedies N. available to the COUNTY (whether under this agreement or at law or in equity) the o SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of Ni termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, u.0 per 24 CFR 570.503(b)(7). mto _ The COUNTY'S receipt of any funds on hand at the time of termination shall not waive the L-8 COUNTY's right(nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the s funds or property, as the COUNTY may deem necessary.Regulations regarding real property are od C) subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). _ a) E 0 3.10 INSURANCE -a a) SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until a) all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and 0 carried,at all times during its performance. L ii 3.11 ADMINISTRATIVE REQUIREMENTS Cl) r The SUBRECIP1ENT agrees to perform the Scope of Work in compliance with the Grant Budget c and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and ._� r}.+ Q SAWCC CD16-007-IDESH 542 Page 16 Security Improvements Packet Pg. 1324' 16 D.6 h�. --� i 1 c Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the I Community Development Block Grants(24 CFR 570 et seq.). a� a 3.12 PURCHASING 1 1 SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through m I .326)and Collier County's purchasing thresholds. .Q I CL Range: Competition Required c 1 Written Quote n $0-$3,000 y $3,000-$10,000 3 Written Quotes _ cz $10,000-$50,000 3 Written Quotes = $50,000+ Bids,Proposals,Contracts(ITB,RFP,etc) "a- 75 5 All improvements specified in Part I. Scope of Work shall be performed by Subrecipient 2a. 2 employees, or shall be put out to competitive bidding under a procedure acceptable to the aa COUNTY and Federal requirements. The Subrecipient shall enter into contracts for • improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. m ani a) a 3.13 PROGRAM GENERATED INCOMEIN- co No Program Income is anticipated. In the event there is Program Income derived from the use of c CDBG funds disbursed under this agreement, such Program Income shall be retained by the >- SUBRECIPIENT for use in the Community Development Grant Program. Any "Program m Income" (as such term is defined under applicable Federal regulations)gained from any activity m of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an a annual program income re-use plan,utilized by the SUBRECIPIENT accordingly, and shall be in . compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. In the v event there is a program income balance at the end of the Program Year, such balance shall revert 06 c to the COUNTY's Community Block Grant Program,for further reallocation. E 3.14 GRANT CLOSEOUT PROCEDURES a) (n SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are a completed. The Subrecipient may close out the project with the County after the year c affordability period has been met, if applicable. Activities during this closeout period shall .°I include, but not be limited to: making final payments,disposing of program assets (including the i return of all unused materials, equipment, program income balances, and receivable accounts to N the COUNTY), and determining the custodianship of records.In addition to the records retention i"`., outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes 0 � regarding records maintenance, preservation and retention. A conflict between state and federal roa a SAWCC CD16-007-IDIS#542 Page 17 Security Improvements Packet Pg. 1325, 16:D6h, c ' m law records retention requirements will result in the more stringent law being applied such that w L the record must be held for the longer duration. Any balance£of ° in excess the amount °' 3 I been advanced or paid must be returned to the COUNTY.Any paida to which the SUBRECIPIENT is entitled under the terms and conditions of this agreement must caY be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in C' .Q accordance with 2 CFR 200.343. 'a) a> re 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE N The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be 00 subjected to, discrimination under any activity carried out by the performance of this agreement o on the basis of race,color, disability, national origin, religion, age, familial status, or sex. Upon 70 receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this e a agreement. a a To the greatest extent feasible, lower-income residents of the project areas shall be given CO opportunities for training and employment; and to the greatest feasible extent eligible business v- concerns located in or owned in substantial part.by persons residing in the project areas shall be 4E' awarded contracts in connection with the project. The SUBRECIPIENT shall comply with ani Section 3 of the Housing and Community Development Act of 1968. a) 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES N 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 o "small the performance of this contract. As used in this contract,the terms business" means a e..> business that meets the criteria set forth in section 3(a)of the Small Business Act,as amended(15 c U.S.C. 632), and"minority and women's business enterprise" means a business at least fifty-one -a (51)percent owned and controlled by minority group members or women.For the purpose off ids definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surname 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 o business enterprises in lieu of an independent investigation. a z a 3.17 PROGRAM BENEFICIARIES `o w At least fifty-one percent (51%) of the beneficiaries of a project funded through this agreement m must be low-and moderate- income persons or presumed to be low to moderate income persons y based on applicable regulation, if the agreement is meeting a national objective through a LMI • c strategy. If the project is located in an entitlement city, as defined by HUD, or serves m beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted E 4 SAWCC CD16-007-IDIS#542 Page 18 Security Improvements Packet Pg 1326 16 Q6hn ; I 7) c i under this agreement must reside in unincorporated Collier County or in municipalities i participating in the County's Urban County Qualification Program. The project shall assist m for the time period designated in Exhibit"C"of this agreement. a beneficiaries as defined above ,,,, R L 3.18 AFFIRMATIVE ACTION CD c The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's a specifications an Affirmative Action Program in keeping with the principles as provided in p , President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide _a Affirmative Action guidelines to the SUBRECIPIENT, to assist in the formulation of such o 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 c the five year period and must be submitted to County within 30 days of update/modification. ra0 L a. 3.19 CONFLICT OF INTEREST a The SUBRECIPIENT covenants that no person under its employ who presently exercises any co el 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 c 0 or degree with the performance of this agreement and that no person having any conflict of E ^` interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT L covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 ti CFR 200.318, and the State and County statutes,regulations, ordinance or resolutions governing m conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its NO. employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be N interpreted in such a manner so as not to unreasonably impede the statutory requirement that c.1 maximum opportunity be provided for employment of and participation of low and moderate- v income residents of the project target area. L 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 ots 0 entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may m review the proposed contract to ensure that the contractor is qualified and that the costs are o 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 a co using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CBS provided,however,that this paragraph shall be 4 interpreted in such a manner so an not to unreasonably impede the statutory requirement,that ,8 maximum opportunity be provided for employment of and participation of low and moderate m income residents of the project target area. co s 3.20 RELIGIOUS ORGANIZATIONS E 0 vs Q SAWCC CD16-007-IDIS#542 Page 19 Security improvements Packet Pg. 1327��. 16D6t1 c CDBG funds may be used by religious organizations or on property owned by religious m L organizations only in accordance with requirements set in Section 24 CFR 570.2000). The rn SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a coO A. It will not discriminate against any employee or applicant for employment on the basis of 6 religion and will not limit employment or give preference in employment to persons on cm the basis of religion. .Q'- a> B. It will not discriminate against any person applying for public services on the basis of ce religion and will not limit such services or give preference to persons on the basis of c religion. x O C. It will retain its independence from Federal, State and local governments and may 0 continue to carry out its mission, including the definition, practice and expression of its n religious beliefs, provided that it does not use direct CDBG funds to support any a inherently religious activities,such as worship,religious instruction or proselytizing. aN ao 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 c m structure is used for both eligible and inherently religious activities, CDBG funds may e not exceed the cost of those portions of the acquisition,construction or rehabilitation that a�� are attributable to eligible activities in accordance with the cost accounting requirements a ti applicable to CDBG funds in this part. Sanctuaries,chapels, or other rooms that a CDBG o funded religious congregation uses as its principal place of worship, however, are c N ineligible for CDBG funded improvements. >- u. t9 m 3.21 INCIDENT REPORTING co U If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation U of a child,aged person,or disabled adult to the County. ,ts c m 3.22 SEVERABILITY a)o Should any provision of the agreement be determined to be unenforceable or invalid, such a s determination shall not affect the validity or enforceability of any other section or part thereof. xi coa L a> d '_ co c a)aC) `cG 1 .V SAWCC a CD16-007-IDIS#542 Page 20 Security Improvements Packet Pg. '1328 ,i '16D.6.h 1 i 1 c i PART IV m GENERAL PROVISIONS co a). 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG programsl http://www.law.cornell.edu/cfi•/text/24/part-570 6 c 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: o http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl—/ecfrhrowse/Title24/24efr58_main_02.tp1re la 4.3 Section 104(b) and Section 109 of Title I of the Housing and Communityco nded DevelopmentaActofa 1974 as n x http://portal.hud.gov/hudportal/HUD?src=/program offices/faia_housing_equal_opp/FH o Laws/109 > 0 4.4 The Fair Housing Act(42 U.S.C.3601-20)Reasonable Accommodations Under the Fair Housing a Act.htt•://www.hud..ov/offices/fheo/fibra /huddo statement.•d Housing N 11063 — Equal Opportunity in co E.O. O• http•//portal hud aov/hud ortal/HUD?src=/•ro.ram offices/fairhousin e•ual o•./FH Y c Laws/EXO 1 l 063 °' E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs m http://www.archives.gov/federal-register/codification/executive-order/12259.html s 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. h 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 0 u- amended http://portal.hud.gov/hudportal/HUD?src—/program_offices/fairhousing equalopp/prog m desc/title8 L 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which -a 0 o prohibits discrimination and promotes equal opportunity in housing./fds s/ k CFR 2007-title24-vo13/pdf/CFR-2007-title24-vola-sec570- _ http://www.gpo.gov Y P E 602.pdf ) 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders ai goals for minorities and women on projects assisted a so 11375 and 12086 -which establishes hiring .Q supplemented in Department of Labor regulations. EO 11246: a with federal funds and as c http://www•eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 8 EO 11375 and 12086: see item#8 below m s 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of co c 1972,42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements E a as a SAWCC CD16-007-tDIS#542 Page 21 Security Improvements 4,Packet Pg'"1329 16 D:6.h c a) for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal co Ei i Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm a `aa Q 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urbanta Development Act of 1968,as amended.Compliance with the provisions of Section 3 of the HUD 6 Act of 1968,as amended,and as implemented by the regulations set forth in 24 CFR 135, and all d . applicable rules and orders issued hereunder prior to the execution of this contract, shall be a a condition of the Federal financial assistance provided under this contract and binding upon the W COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and 12 subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the m SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their m successors and assigns, to those sanctions specified by the agreement through which Federal o assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other To 0 disability exists that would prevent compliance with these requirements. a o. a The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to .. include the following language in all subcontracts executed under this agreement: CO CO "The work to be performed under this agreement is a project assisted under a program providing m direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of E 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 a 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 N opportunities for low-and very low-income persons residing in the metropolitan area in which the }. u. project is located." 0 m m 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- 0 based paint hazards),housing construction, or other public construction project are given to low- 2 and very low-income persons residing within the metropolitan area in which the CDBG-funded 0 project is located;where feasible, priority should be given to low- and very low-income persons c within the service area of the project or the neighborhood in which the project is located, and to c 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 a co 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 a 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 a: 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. m E c c z a SAWCC CD16-007-IDIS#542 Page 22 Security Improvements Packet Pg .;1330 16.06.h T,' m The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that m would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text- a idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_main 02.tp1 a,,, CU 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/oasamlregs/statutes/age_act.htm m I a i 11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal_o Ti it pp/FHLaws/EX011063 11246:http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html n a m 11375:Amended by EO 11478 x 11478:http://www.archives.gov/federal-register/codification/executive-order/11478.html o 12107:http://www.archives.gov/federal-register/codification/executive-order/12107.html e 12086:http://www.archives.gov/federal-register/codification/executive-order/12086.htm a Q a. 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. a http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htmal oo 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 e E 29 USC 776:http://law.onecle.com/uscode/29/776.html o a 24 CFR 570.614:http://www.law.cornell.edu/cfr/text/24/570.614 IN- •r- 4.13 4.13 The Americans with Disabilities Act of 1990 http:/lwww.fhwa.dot.gov/realestate/ua/index.htm N >- 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. LL C9 m http://www.fhwa.dot.gov/realestate/ua/index.htm o U 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. included in all construction contracts funded by CDBG. (See 42 USC HUD Form 4010 must be = 276a and 24 CFR 135.11(c). m E Work 29 CFR Part 3 - Contractors and Subcontractors on pantsc building or Public lic United Financed States- � whole or in part byLoans or a http://www.law.comell.edu/cfr/text/29/part-3 a 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to ,o the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part- d Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally co 5 c a> i'N. assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=2367 E U ns a SAWCC Page 23 CD16-007-IDIS#542 Security Improvements Packet Pg.`1331- l6:D G h i I 17)-„.L a.. G d 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter E 79-45 which prescribes goal percentages for participation of minority businesses in Community as Development Block Grant Contracts. a E.O. 11625 Prescribing additional arrangements for developing and coordinating a national L inority business enterprise http://www.mbda.gov/node/333 t9 prog►am for ma HUD Circular Letter 79-45 m 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and Ti contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, .o w as revised by Executive Order 13279. The applicable non-discrimination o provisions in Section 109 of the HCDA are still applicable. 0 x 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vo13/pdf/CFR-2010- title24- o vol3-sec570-608.pdf E.O. 13279:http://fedgovcontracts.com/pe02-192.htm 0a a. a 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. N http://www.ncbi.nlm.nih.gov/pubmed/12289709 co 0o 4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit c0 requirements for Grants and Agreements. m 4.20 Immigration Reform and Control Act of 1986 a http://www.eeoc.govieeoc/history/35th/thelaw/ircaltml N.• N. 0 4.21 Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, cv u_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 m No.2004-05,as amended,and County Administrative Procedure 5311.Florida Statutes- U http://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter_112_part iii Collier tu 45 County- h ttpP://bees Ol/SiteDirectory/ASD/13R/labor/CMAs/Shared%20Documents/CMA%205311.1% 20Standards%20of%20Conduct.pdf o m E 4.22 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 m Contract Documents, except the terms of any Supplemental in the terms ConditionsoshallContract e cn.o precedence over the agreement. To the extentanyc Documents cannot be resolved byesolvedtb n n osingf the the m ie st l o#dorions, if any,or the costly obligation under agreement, the conflict shall be r y ptp the Contract Documents upon the Contractor at Owner's discretion. m o E n a SAWCC CD16-007-IDIS#542 Page 24 Security Improvements Packet Pg 1332:; 16.D.6 hr I 4.23 Venue-Any suit of action brought by either party to this agreement against the other party relating WE to or arising out of this agreement must be brought in the appropriate federal or state courts in a) .4 Collier County, FL which courts have sole jurisdiction on all such matters. (No reference I required for this item). 5 6 4.24 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 Q. resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or Ce mediation shall be attended by representatives of SUBRECIPIENT with llof decision-makingny settlement cn 11 authority and by COUNTY'S staff person who would makepresentation reached during negotiations to COUNTY for approval. Failing resolution, and prior to the 0 x commencement of depositions in any litigation between the parties arising out of this agreement, c 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 0 CL required hereunder,the other party may obtain a court order requiring mediation under § 44.102, a Q Florida Statutes.The litigation arising out of this agreement shall be Collier County,Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY N ao cv ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT oo EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY c OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. m a� ,---Nhttp://www.flsenate.gov/LawsIStatutes/2010/44.102 tu a, a h 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act,41 USC 7401,et seq.httpa/www.law•Cornell.edu/uscode/text142/7401 0 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. cNi http://www.law.cornell.edu/uscode/text/33/chapter-26 0 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 0 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 amendment65 maybe obtained from FEMA, which would satisfy this requirement and/or reduce the = (COMA) E cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- c idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node-2 o 4:3.1.1.3.4.11.1.6&idno=24 a N z 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with a assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning ,8 Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? c c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 . N 1 1.1.3.4.11.1.9&idno=24 = m E o cc Q SAWCC CD16-007-IDIS#542 Page 25 Security Improvements Packet Pg. 1333 X16^Q6h4: I moi"\ c a> 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in E the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures 2 set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for cici c Protection of Historic Properties,insofar as they apply to the performance of this agreement. Es hitp://www.nps.gov/historyllocal-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- *5idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main_02.tp1 d In general, this requires concurrence from the State Historic Preservation Officer for all ;o rehabilitation and demolition of historic properties that are fifty years old or older or that arere included on a federal, state or local historic property list. http://www.nps.gov/history/local- co law/nhpal966.htm o D x 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with c the Drug-Free Workplace Act of 1988(41 USC 701). > http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 a a Q 4.30 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 a 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 m similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,Subpart K. 2 http://www.ecfr.gov/cgi-bin/text sati idx?c=ecfr•&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&idno=24 or 4.31 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, cp m utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.These requirements are enumerated in 2 CFR et seq. E t 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be 0 submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal c year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 E Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the a, Subrecipients fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt c of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in o an audit after such closeout. m m Clarification of Eligible Audit Costs 2 u) 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 m cost;the amendment clarifies and codifies this. http://www.law.cornell.edu/efr/text/24/92.206 �-• 4- SAWCC CD16-007-LDIS#542 page 26 Security Improvements aP Packet Pg 1334 -16 D.6 h, a) E 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects m B.) I stated herein, and approved by the COUNTY in accordance with the Uniform Relocation a Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be L subject to the provisions of CDBG including, but not limited to, the provisions on use and try disposition of property. Any real property within the SUBRECIPIENT control, which is c acquired or improved in whole or part with CDBG funds in excess of$25,000,must adhere to the Ti Q. j CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.comell.edu/cfr/text/49/24.101 cc 19928754 cn c http://cfr.vlex.com/vid/570-505-use-real-property- o m I 4.34 As provided in § 287.133, Florida Statutes by entering into this agreement or performing any o work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, 73 subcontractors and consultants who will perform hereunder, have not been placed on the 0 a convicted vendor list maintained by the State of Florida Department of Management Services Qa. within the 36 months immediately preceding the date hereof. (a), rn This notice is required by§287.133 (3) Florida Statutes. http://www.lawserver.com/law/state/florida/statutes/florida_statutes 287-133 m or on behalf of the undersigned, £ 4.35 No Federal appropriated funds have been paid or will be paid,by E cp �� 2 to any person for influencing or attempting to influence an officer or employee o any agency, a a) Member of Congress, an officer or employee of Congress, or an employee of a Member of ati Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agragreement, and the N extension, continuation, renewal, amendment, or modification of any Fed contract, N loan,or cooperative agreement.If any funds other than Federal appropriated funds have been paid u. or will be paid to any person for influencing or attempting to influence an officer or employee oa fv any agency, a Member of Congress, an officer or employee of Congress, or an employeeof Member of Congress in connection with this Federal contract, grant, loan, or cooperative 2 agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. ots 0 The undersigned shall require that the language of this certification be included in the award c m documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under c grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and o disclose accordingly. o 4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem a rates in effect at the time of travel. m m 4.37 Any rule or regulation determined to be applicable by HUD. co 4.38 Florida Statutes 713.20,Part 1,Construction LiensE m v co Z a sawcc CD16-007-IDIS#542 Page 27 Security Improvements Packet Pg. 1335 7613 6:h 0 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL-0700- m 0799/0713/0713.html 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida_statutes_119-021 c a) 4.40 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/S ections/0119.07.html z 0 (Signature Page to Follow) ca 0 0. 0. N CO 4- C d E d d 0 N m V C U C d E 0 d N .0 L 0 461 a1 a) . a SAWCC CD16-007-IDIS#542 Security Improvements Packet Pg 4,1336 16-D.6.hv UI E a) IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized s") person or agent,hereunder set their hands and seals on the date first written above. ATitST: BOARD OF COUNTY COMMISSIONERS OF a) DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: ,Deputy Clerk DONNA FIALA,CHAIRMAN Date: 15 0 o. THE SHELTER FOR ABUSED WOMEN & Dated: CHILDREN,INC. (SEAL) Csi CO cs, • By: 477 Linda Oberhaus,Executive Director a) a) a) Date: (.6 0 Approved as to form and legality: Jennifer A.Belpedio 0\.\ Assistant County Attorney CD Date: C a) E o In I SAWCC CD16-007-iDISit 542 Security Improvements Page 29 Packet Pg. 1337 1 6h. 1 i c m PART V a m EXHIBITS a, 1 a 4 w c EXHIBIT A L t7 r INSURANCE REQUIREMENTS aci ,a. i The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division, ri rt 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing II insurance coverage that meets the requirements as outlined below: Cl n 1. Workers' Compensation as required by Chapter 440,Florida Statutes. c ,a 2. Commercial General Liability including products and completed operations insurance in the 0 amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown a c. a as an additional insured with respect to this coverage. < Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in 3. `� connection with this contract in an amount not less than$1,000,000 combined single limit m for combined Bodily Injury and Property Damage.Collier County shall be named as an additional Ea) a^ insured. c r. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as N r follows: I'' t7 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design o professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per V 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 ad v connection with this contract. This insurance shall be maintained for a period of two (2) years aci after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. o a) c CONSTRUCTION PHASE(Ili'APPLICABLE) N In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Q Subcontractors to provide original certificates indicating the following types of insurance coverage prior ,16 to any construction: m .c 5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one to hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall t� be in the name of Collier County and the SUBRECIPIE NT. t. a snwcc CD16-007-IDIS#542 Page 30 Security Improvements Packet Pg. 1338 16 D.6 h, 1 I c m E a) 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. rn 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 c� insurance under the National Flood Insurance Program is obtained and maintained as a condition �, of financial assistance for acquisition or construction purposes(including rehabilitation). c c d OPERATION/MANAGEMENT PHASE(IF APPLICABLE) re After the Construction Phase is completed and occupancy begins,the following insurance must be kept in N force throughout the duration of the loan and/or contract: m m z w 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 6 8. Commercial General Liability including products and completed operations insurance in the 2 amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown c.Q as an additional insured with respect to this coverage. N CO CO 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in c connection with this contract in an amount not less than$1,000,000 combined single limit E for combined Bodily Injury and Property Damage. Collier County as an additional insured. E L to 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred Q r-- (100%) (100%) of the replacement cost of the property. Collier County must be shown as a Loss payeech 0 with respect to this coverage A.T.I.M.A. U. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full 0 replacement values of the structure(s)or the maximum amount of coverage available through the v National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee L A.T.I.M.A. E 0 oes c O E O 'S .O d e c .Q Q L 4.. aw a) ''C C E e co .V Zi' a SAWCC CD16-007-IDIS#542 °'aP 27 Security Improvements Packet Pg, 1339 163Q6hh .r+ N c d EXHIBIT B E COLLIER COUNTY COMMUNITY&HUMAN SERVICES a REQUEST FOR PAYMENT c 0 ,L^ V Y SECTION I:REQUEST FOR PAYMENT Q FS d Recipient Name:The Shelter for Abused Women&Children,Inc. re Recipient Address: P.O.Box 10102,Naples,FL 34101 = 0 Project Name: Security Improvements I Project No: CD 16-007 IDIS#542 Payment Request# o 73 Total Payment Minus Retainage 0 Period of Availability: through . aQ- 4 Period for which the Agency has incurred the indebtedness through N CO CO SECTION II: STATUS OF FUNDS c Grant Amount Awarded $ m E Sum of Past Claims Paid on this Account $ a aye Total Grant Amount Awarded Less Sum of PastQ $ t-- Claims Claims paid on this Account co Amount of Previous Unpaid Requests $ o N Amount of Today's Request $ u. r 10%Retainage Amount Withheld $ o Current Grant Balance (Initial Grant Amount U $ _ Awarded Less Sum of all requests) L I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and a belief,all grant requirements have been followed. E 0 o N Signature Date Q L Title '° II Authorizing Grant Coordinator Authorizing Grant Accountant m t co Supervisor Division Director Y (Approval required$15,000 and above) (Approval Required$15,000 and above) E c c Q SAWCC C016-007-101511542 I Security Improvements Packet Pg. 1340 I :-.16',D16-.h.0 m i EXHIBIT'IC" E E a QUARTERLY PERFORMANCE REPORT DATA c cLa � GENERAL required to submit to HUD,through the Integrated Disbursement and Information System ("IDIS") Performanc a Grantee Is4 Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipier '5 shall submit the information contained herein within ten(10)days of the end of each calendar quarter. � .n_ N QUARTERLY PROGRESS REPORT u) x Sub-recipients:Please fill in the following shaded areas of the report O To O p- Agency Name: The Shelter for bused Women&Children Inc. Date: 2 C. Q Oo Project Title: Security Improvements tv Alternate O E ^Program Contact Julie Franklin,Director of Operations Contact: m>v Q Telephone Number: (239)280-1350 ti c Activity Reporting Period Report Due Date N October lg-December 31stJanuary 10'" u' LL January 3is'—March 31st April 101h Ca April 18'—June 30th July 10t m 0 July 1st October 10th—September 30th U _ L Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. u= a t � ^, fix'. tie i s u t F r &sub-reci reement a d Indic to '+ur progres n m ngr _ TPi00 s 010# 1,011 '.0.0u 1t p rl atJ t,00 -0 , E 1. those-goals}sin'ce the '�$ ing'sof the a gree oat. y, 5� X t . .-.-. j ., v,- .. t:... ti$'=y=.:-:SY..• .X .. .,. mow.. _y"' :x A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. N m .O Q Outcome 1: Com letion of bid advertisement and security improvements to Shelter and to transitional cottages. Outcome 2: Documentation of National Objective achievement: LMC/Presumed Eligible Clientele(must document that a�m 51%of persons are low to moderate income persons). Cl) w d e B.Goal Progress:Indicate the progress to date in meeting each outcome goal. Q .. SAWCC CD16-007-lois#542Packet Pg. 1341 Security Improvements 6.D V i N E a) w C a • Ca ,,Lnn Y C d _ ..,._..l„a �. -!.$ 1 L 'vieea s?Hitt 't'bl`op_mo5 t# e or+9 1a 3�► e�3t(t�;a il3O11��-�,-e �1+� 2. , nom. z oy: Ice U) • 0 0 Yes No 0 eo If no,explain: 0 0. 0. Q 07 3. Since;October.1;2016,of the persons assisted,'how many ... c d E ...now have new access(continuing)to this service or benefit? 0 °� a. b. ...now has improved access to this service or benefit? 0 ti c. ..now receive a service or benefit that is no longer substandard? 0 0; TOTAL: 0 ›- LL.u. � -.r,..w,� N sem•»=�� ..� µ 4 , 'z m 4. that fundings ► 'c �is pex I'pro rt ea a 0,..0x � X�,�4 ' -� z a ^-,.. x'.r�.a:,•�--, '::,.. S.„t -, -F 'r_ u ' r�, -r .3..`' S'.�`',.' Other Consolidated Plan Funds COSG - Other Federal Funds ESO V •State/Local Funds HOME oe c a> Total E Entitlement 0 Total Other Funds $ 0.00 Funds $ 0.00 a) • N (t L 0 4� L d .V � I rf) d•; E r. W SAWCC CD16-007-IDIS#542a .. Security Improvements Packet Pg X1342 D: 166Ftl- 1 5. What s the total lumbofer UNDUPLICATED clients server!this gnat jouapplicable? rn a. Total No.of adult females served: 0 Total No.of females served under 18: 0 c m 0 Total No.of males served under 18: 0 E b. Total No.of adult males served: CD TOTAL: 0 � TOTAL: 0 0 Q [€ c. Total No.of families served: Total No.of female head of household: 4.,' 6. lNhat la t>ae total namt�er slfJ3t!14U#�x.-I9AI�cl;et>*sexYad;;ttce D#tttberr#app1ieable i� 0 l } V Y L. 0 Total No.of females served under 18: 0 to I a. Total^No,of adult females served: :Q. b. Total No.of adult males served: 0 Total No.of males served under 18: 0 6 0 � 0 TOTAL: to TOTAL: 0 Total No.of female head of household: 0 el c. Total No.of families served: M Complete EITHER question#7 OR#8. Complete question#7 If your program only serves clients in one or more of the listed HUD Presumed Benefit O categories. Complete question#8 If any client in your program does not fall Into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8 tQ 7. 1 IP S. D EN fCIWt gA. ., $ 1.Kt `# i ) N0 lARY:nATA l lco:M RAND 1 In ,2 Indicate the total number of UNDUPLICATED persons served a since October the 1al whomaof UNDUPLICATED presumed ed persons served since October 1 who fall into each income category(the total since ul lfall Into each presumed benefit category should equal the total in question 116) (the total should equal the total in question Re) N REPORT AS: CD REPORT AS: CD O Abused Children Homeless 0 Extremely low Income(030%) ��. O Person Battered � 0 Low Income(31-50%) r 0)0 Battered Spouses 0 Moderate Income(51-80%) 0) 0 Above Moderate Income(>80%) d ,—,\ 0 Persons yr/HIV/AIDSi O Elderly Persons Q e- O Veterans r r O Chronlcaly/Mentally Ill Co O O Physically Disabled Adults e- O Other-Youth > U. TOTAL: 0 C7 TOTAL: 0 m O fa applicable) c :D - - - PP Please Indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell). 13 RACEETHNICITY t White 0 ;of whom,how many are Hispanic? 0 V of whom,how many are Hispanic? 0 Ca 81acklAfdcanAmerican 0 C Asian 0 of whom,how many are Hispanic? 0 CD of whom,how many are Hispanic? 0 O American IndlantAlaska Native 0 Native HawaiienfOther Pacific Islander 0 of whom,how many are Hispanic? 0 'O American Indian/Alaskan Native&white 0 of whom,how many are Hispanic? 0 U) O 0 Black/African American&White 0 ;of whom,how many are Hispanic? .Q of whom,how many are Hispanic? 0 et Am.Indian/Alaska Native&Black/African Am. 0 O of whom,how many are Hispanic? 0 v- Other Multi-rade! 0 TOTAL:HISPANIC 0 +.) TOTAL: o qi Signature: t Name: Your Typed name here represents your electronic signature Cl) ijC Title: C V O r Zi i SAWCC CD16-007-IDIStt542Qacket Pg.�1343 ! . security improvements 15Qsh; N 1 S EXHIBIT D _E N a) L INCOME CERTIFICATION a INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG c!..1 assistance to an eligible beneficiary. Please file in your organization's records and have on hand for a future monitoring visits. o d o: .a Effective Date: o D A. Household Information x 4- 0 Member Names—All Household Members Relationship Age :::123 4 _ co v 5 r 6 m E 7 m 8 Qat ti B. Assets:All Household Members,Including Minors ca 0 Income >- Member Asset Description Cash Value LL from Assets u. m 1 V 2 3 = a) a 4 v 5 _ • 6ots E 8 0.00 o Total Cash Value of Assets B(a) 0.00 N _a Total Income from Assets B(b) 0.00Q If line B(a) is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B( a, v) _ d E r Q i SAWCC CD16-007-IDIS#542Packet N' 1344 Security Improvements 16.PAll_ I 1 N d 11 C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf m c of Minors cc c Benefits Public Other 6 Member Wages/ 6 i Salaries / Assistance Income c , (include tips, Pensions Asset a commissions, Income bonuses,and 0 (Enter the .c 1 overtime) greater of c) 1 box B(b)or 0 D 2 box B(c), _ above,in ° 3 box C(e) c 5 below) a fa.Q 6 N 7 v- 8 Totals (a) (b) (c) (d) (e) E 0.00 0.00 0.00 0.00 E Enter total of items CO)through C(e). 0.00 L as This amount is the Annual Anticipated Household Income. ti D. Recipient Statement: The information on this form is to be used to determine maximum c income for eligibility. I/we have provided, for each person set forth in Item A, acceptabletNi verification of current and anticipated annual income. I/we certify that the statements areu. true and complete to the best of my/our knowledge and belief and are given under penalty m of perjury. 0rJ C WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations e concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083. Uod m E 0 Signature of Head of Household Date 47 N 1 a Signature of Spouse or Co-Head of Household Date 8 0 � (7 s Adult Household Member(if applicable) Date v)c m E • Date 0 z Adult Household Member(if applicable) a SAWCC CD16-007-IDIS#542 Packet Pg 1345 Security Improvements 06;9:41* c m E E. CDBG Grantee Statement: Based on the representations herein, the family or m individual(s) named in Item A of this Income Certification is/are eligible under the Q provisions of the CDBG Program. The family or individual(s)constitute(s)a: c co i ❑ Very-Low Income (VLI) Household means and individual or family whose annual income 46. does not exceed 30 percent of the area median income as determined by the U.S. Q •Department of Housing and Urban Development with adjustments for household size. CD (Maximum Income Limit$ )• rr.6 c cn ❑ Low Income (LI) Household means and individual or family whose annual income does m x not exceed 50 percent of the area median income as determined by the U.S. c Department of Housing and Urban Development with adjustments for household size. To (Maximum Income Limit$ ). a o. Q ❑ Moderate Income (MOD) Household means and individual or family whose annual N income does not exceed 30 percent of the area median income as determined by the o U.S. Department of Housing and Urban Development with adjustments for household c size. a)E (Maximum Income Limit$ ). (I) a Based upon the (year) income limits for the Naples-Marco Island Metropolitan ti T Statistical Area(MSA)of Collier County, Florida. `° Signature of the CDBG Administrator or His/Her Designated Representative: N U. C9 GO 0 Signature Date 0 L C.) Printed Name Title 06 c F. Household Data °' Number of Persons By Race /Ethnicity By Age ,a Native m CA American Hawaiian or 0th 0— 26— 41— ' Asian Black White er 25 40 61 62+ Q Indian Other Pac. L 0 Islander _ m Hispanic a) co Non- MIMI ' C Hispani E NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No a' beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not Q affect any right he or she has to the CDBG program. i SAWCC . CD16-007-IDIStt 542 Security Improvements Packet Pg. 13464 1eD6h0. , k C) l E i EXHIBIT E °' `as 1 ANNUAL AUDIT MONITORING REPORT a c RS Circular 2 GFR X00 500:;requires Collier County to :monitor subrecipients of federal awards to.determine if a subrecipientsare compliant with established;audit'requirements Accordingly, Collier County requires that all .t appropriate documentation is provided regarding your organizations compliance 12 in determining Federal awards expended in a fiscal;yeart ,:he entity must consider all sources of Federal awards = based on when`the activity related to the federal award occurs,,including any Federal award provided by Collier o County The determinationof ;amountsof :Federal awards expended shall ;be in 'accordance n ith :guidelines m established by UMB Circular A`133 for fiscal years beciinninca before December 26 2014 and established bv`2 w CFR Part 200 Subpart F Audit Rm equireents, for fiscal:.years beginning anor after Decemr 2 be6 2014 0 This form may be Efied used to monitor Flonda:SingleAudit Act(Statute 215 97) requirements-: Subrecipient The:Shelter for Abused'Women &Children,Inc Q. Name First'Da#e.of Fiscal Year(MM/DDIYY) Last Da#e of Fiscal Year(MMIDDIYY) c4 Total Femderal Financial Assistance Expended Total State Financial Assistance Expended during a during ost recently completed Fiscal Year 4.1r.i.04tre .'etitINi„-:'..00.6.itileie4f..isa.i:yoai.,.:,;,; , :g:.:::•:v::,'; ::;,'::.:',:.':i:: :.:iE Check A. or B. Check C if applicable ti A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been 7 ❑ met and a Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be o CV completed by . Copies of the audit report and management letter are attached or U. will be provided within 30 days of completion. B.We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F ca because we: c 0 ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization 13 ❑ Are exempt for other reasons—explain c) An audited financial statement is attached and if applicable, the independent auditor's managemen. c letter. d . C. Findings were noted, a current Status Update of the responses and corrective action plan is a included separate from the written response provided within the audit reports. While we understanc [l that the audit report contains a written response to the finding(s),we are requesting an updated N status of the corrective action(s) being taken. Please do not provide just a copy of the written c response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. .° Certification Statement Ihereby certify that'the:above-information is'true and accurate 2 Signature 1 Date c� E Print Name and Title 06/15 Q SAWCC CD16-007-IDIS#542 Packet Pg.'1347 Security Improvements rage a 16D6i FAIN# B-11-UC-12-0016 B-12-UC-12-0016 B-13-UC-12-0016 IT) B-14-UC-12-0016 Federal Award Date Est. 10/2016 Federal Award Agency HUD a, CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of $70,000 as Federal Funds Awarded :E. Subrecipient Name The Boys&Girls Club of Collier County,FL, Inc. re DUNS# 018696208 FEIN 65-0279110 R&D No Indirect Cost Rate No Period of Performance 10/01/2016-09/30/2017 o 0 L Fiscal Year End 5/31 °- a Monitor End: 12/2017 aD AGREEMENT BETWEEN COLLIER COUNTY AND = THE BOYS&GIRLS CLUB OF COLLIER COUNTY,FL,INC. a) a, L THIS AGREEMENT is made and entered into this day of 20_, by and between a Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and the Boys & Girls Club of Collier County, Florida, Inc. ("Subrecipient"), having its principal office at 7500 Davis Boulevard, Naples, FL d 34104 and 1155 Roberts Avenue,Immokalee,FL 34142. E WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of m the Housing and Community Development Act of 1974(as amended);and WHEREAS,the Board of County Commissioners of Collier County approved the Collier County >- Consolidated Plan — One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Program a with Resolution 2016-147 on June 28,2016—Agenda Item 11E;and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on date May 20,2016 with a 30 day Citizen Comment period from May 20, 2016 to June 20, 2016;and Boys&Girls Club of Collier County CD16-012PS-IDIS#537 �� Immokalee Youth Programs and Services Paee1 r dS \ Packet Pg,`1348 I6.D.6.1- WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and -r WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG Immokalee Youth Services Project;and m a) NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: t� a) PART I a. SCOPE OF WORK The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as cn a condition of providing CDBG assistance as provided herein and, as determined by Collier County C3 Community and Human Services(CHS)Division, perform the tasks necessary to conduct the program as = 0 follows: Tif Project Name: Immokalee Youth Programs and Services a Description of project and outcome: CHS as an administrator of the CDBG program will make available CDBG funds up to the gross amount of$70,000 to the Boys & Girls Club of Collier County, Inc. (BGCCC) to be used for activities which will include but not be limited to fund salaries of staff to facilitate youth programs and community services including supplies. 1 c Provide Youth with development programs and community activities in the Immokalee Youth ir. Development Center. ra 1.1 SPECIAL GRANT CONDITIONS A. Within thirty(30)calendar days of the execution of this agreement,the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. m B. The following resolutions and policies must be adopted by the Subrecipient's governing co body within thirty(30)days of award of this agreement: • Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy • Procurement Policy c ❑ Uniform Relocation Act Policy • Sexual Harassment Policy ❑ Procedure for meeting the requirements set forth in Section 3 of the Housing and `tea Urban Development Act of 1968,as amended(12U.S.C. 794 1 u) Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 2 �6 Packet Pg.1349 16Q6ix° Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. 794) Fraud Policy C. Environmental Review Requirement(ERR) -No program costs can be incurred until an environmental review of the proposed project is completed, and approved by HUD. m Further,the Subrecipient will not undertake any activity or commit any funds prior to the a HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS m .n A. Project Description/Project Budget in Immokalee Youth Programs and Services Federal Amount Activities will include but not be limited to: $70,000 ° 0 CHS as an administrator of the CDBG program will make available CDBG funds up Q, to the gross amount of $70,000 to the Boys & Girls Club of Collier County, Inc. (BGCCC) to be used for activities which will include but not be limited to fund N salaries of staff to facilitate youth programs and community services including co supplies. �- Provide Youth with development programs and community activities in the E Immokalee Youth Development Center. d Total Federal Funds: $70,000 ii The Subrecipient will accomplish the following checked project tasks: R 0 Pay all closing costs related to property conveyance E • Maintain and provide to the County as requested beneficiary income certification documentation ® Maintain National Objective Documentation en .1 Provide Quarterly reports on National Objectives and project progress Required attendance by a representative from executive management at quarterly N partnership meetings, as requested by CHS. >- ❑ Provide monthly construction and rehabilitation progress reports until completion of a construction or rehabilitation. ❑ Identify Lead Project Manager `o ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards, if necessary d ❑ Provide certified payroll weekly throughout construction and rehabilitation,if necessary ❑ Comply with Uniform Relocation Act(URA),if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Pate 3 °A. Packet Pg 1350. :I6 D6 i_s „...` ❑ Ensure the applicable affordability period for the project is met B. National Objective c a> E The CDBG program funds awarded to Collier County must benefit low-moderate income(LMI) m persons. As such the Subrecipient shall be responsible for ensuring that all activities and a beneficiaries meet the definition of: c ca L ❑ LMA—Low/Mod Area Benefit c ® LMC—Low/Mod Clientele Benefit or presumed Low Mod Clientele a ❑ LMH—Low/Mod Housing Benefit IX ❑ LMJ—Low/Mod Job Benefit o U) LMA: Must document where at least 51% of the residents are LMI persons which by n HUD determined eligible census tracts. Failure to achieve the national objective under this = w agreement will require repayment of the CDBG investment under this agreement. a LMC: Must document that at least 51% of persons served, are low to moderate income 'o L households, in order to meet a CDBG National Objective. Failure to achieve the national a. objective under this agreement will require repayment of the CDBG investment under this .. N agreement. co LMH: Must document providing or improving permanent residential structures, which CA �� upon completion will be occupied by LMI households. Structures with three or more units must c j have at least 51% occupied by LMI households. Failure to achieve the national objective under E this agreement will require repayment of the CDBG investment under this agreement. LMJ: Must document job creation and retention LMI benefit national objective addresses a activities designed to create or retain permanent jobs,at least 51% of which(computed on a full- c time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the ir. a) national objective under this agreement will require repayment of the CDBG investment under a) a this agreement. c E E C. Performance Deliverables v U V Program Deliverable Deliverable Supporting Submission Schedule 0 m Documentation co Special Grant Condition Policies Policies as stated in this Within thirty(30)days of N (Section 1.1) agreement agreement execution > Insurance Insurance Certificate Within 30 days of agreement o execution and Annually within thirty(30)days of renewal Detailed project Schedule Project Schedule Within thirty(30)days of �j agreement execution-N/A c Project Plans and Specifications Site Plans and Specifications Prior to Construction Start-N/A a) Submission of Progress Report Exhibit C Quarterly reports.Annual . closeout report. lo r•—•., Financial and Compliance Audit Exhibit E,and Audit Annually 9 months after FY end `t Boys&Girls Club of Collier County CD16-012PS-IDIS#537 / � Immokalee Youth Programs and Services Pam:.4 / Packet Pg. 1351 ; j _,:tato 6!t Continued Use Certification Continued Use Affidavit, if Annually until 2022-N/A applicable Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion c and Capital Reserve of rehabilitation and annually o thereafter until 2022-N/A (D Program Income Reuse Plan Plan Approved by the County Annually thereafter until 2022- co N/A a c L D. Payment Deliverables a d Payment Deliverable Payment Supporting Submission ••" Documentation Schedule a) cc CHS as an administrator of the CDBG Submission of monthly invoices Submission of 3 program will make available CDBG funds up and backup as evidenced by monthly invoices. co to the gross amount of$70,000 to the Boys & Exhibit B and: 0 Girls Club of Collier County, Inc. (BGCCC) Invoices(s)/timesheets/Payroll z to be used for activities which will include but Registers/Summary/canceled o not be limited to fund salaries of staff to checks or banking ra facilitate youth programs and community statement/banking documents a services including supplies. supporting payroll and any �a additional documentation as Provide Youth with development programs requested03 and community activities in the Immokalee °-' Youth Development Center. Final 10% retainage released upon r final completion of activities and 5'."-*, monitoring clearance or d expenditure of grant funds. rn Q Exhibit B c LT. Final retainage held, not including the aforementioned retainage above, will be released upon ai documentation that at least 51% of persons served are low to moderate income persons/households, in c order to meet a CDBG National Objective.Failure on behalf of the subrecipient in achieving the National E Objective under this agreement will require repayment of the CDBG investment. v U U 1.3 PERIOD OF PERFORMANCE m to Services of the Subrecipient shall start October 1,2016 and shall end on September 30,2017. N u. 1.4 AGREEMENT AMOUNT m c.) a) 6. The COUNTY agrees to make available Seventy Thousand Dollars($70,000.00). v For the use by the SUBRECIPIENT during the term of the agreement (hereinafter, shall be d referred to as the"Funds"). c 0 Id Boys&Girls Club of Collier County CD16-012PS-IDIS#537 /�y� Immokalee Youth Programs and Services Page 5 1 - Packet Pg :1352°::! I6.D.6 i�B Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10%of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be c made with Board approval. ° The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. 6 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. 'r,,. r. 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 in 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. o a a Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. 6 The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. No payment will be made until approved by CHS 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." U 1.5 COST PRINCIPLES U t7 00 Payments to the Subrecipient are governed by the Federal grants management rules for cost coo allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this L Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide adequate documentation for validating costs incurred. Payments to Subrecipient's contractors and d vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 6 Packet Pg.1353 I6:D6r E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the ---� Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in 0 this agreement. rs� 1.6 NOTICES ca 'L^ V Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier,personal delivery, or sent by facsimile or other electronic means. Any notice '• Q. delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and re other written communications under this agreement shall be addressed to the individuals in the 12 capacities indicated below,unless otherwise modified by subsequent written notice. in x 0 3 0 0. 0. COLLIER COUNTY ATTENTION:Rosa Munoz,Grant Coordinator 3339 E Tamiami Trail,Suite 211 co Naples,Florida 34112 °' Email:RosaMunoz@colliergov.net Telephone: (239)252-5713 1. SUBRECIPIENT ATTENTION:Kelsey Wright,Grant Writer The Boys&Girls Club of Collier County,FL 7500 Davis Boulevard C Naples,FL 34104 ii KWrightna,beccc.com m Telephone: 239-325-1760 Y 0 E E U U U C? m oa 0 N U- 0 0 rr 0 r C E Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 7 d' Packet Pg 1354 16.D.6.1 PART II GRANT CONTROL REQUIREMENTS C1) 2.1 AUDITS ai 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, t� documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. ii Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer,or Subrecipient within 30 days after receipt by the organization. Failure of the organization to v� comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient 73° audits. 0 L iz is The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. co CD 2.2 RECORDS AND DOCUMENTATION a) E The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to determine compliance with the requirements of this agreement,the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: a) a> To A. All records required by CDBG regulations. E 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 co procedures developed, prepared, assembled, or completed by the Subrecipient for the 0 purpose of this agreement shall be made available to the COUNTY by the u. SUBRECIPIENT at any time upon request by the COUNTY or CHS.Materials identified m in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all `6 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, Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 8 Packet Pg. 1355 ,14 '16:13.6' materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this agreement. .f .t) Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 0 200.333 with the following exception: if any litigation, claim or audit is started before m the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit fmdings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this agreement of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all in 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 o provided to the COUNTY in a format that is compatible with the information technology a systems of the public agency. N E. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon m wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records E showing contractor compliance with the Contract Work Hours and Work Safety Law. L Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal Q purchasing requirements and with other federal requirements for grant implementation. a LT- F. The SUBRECIPIENT will be responsible for the creation and maintenance of income as eligible files on clients served and documentation that all households are eligible under c HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. c.) 0 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, T have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and Iui written agreements with beneficiaries,where applicable. a) 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 Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 9 (CA) r� Packet Pg. 1356 16D6.r exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. N 2.3 MONITORING as During the term, SUBRECIPIENT shall submit an annual audit monitoring report(Exhibit E)to the COUNTY no later nine(9)months after the Single Audit(or one hundred eighty(180)days for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary.At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation in of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The a SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. o. The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate (co NI fraud,waste,abuse,or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. 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. s 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. E E 2.4 PREVENTION OF FRAUD AND ABUSE U U SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient m to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and fiscal N activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. L 0 U SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent u co waste,fraud and abuse. Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 10 p � 1 _f Packet Pg. 1357 tI6[3 6 i SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 6. 2.5 CORRECTIVE ACTION d a 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. .Q In order to effectively enforce Resolution No. 2013-228, Community and Human Services(CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers,or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as cn follows: x 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 Division o within 15 days following issuance of the report. a • Any pay requests that have been submitted to the Division for payment will 03 be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 072. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division,the Division may require a portion of the awarded grant amount be returned to the Division. as • The County may require upwards of five percent(5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. v 03 • The entity may be considered in violation of Resolution No. 2013-228 `° 0 N 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 Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,be returned to the Division. E t 0 Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 11 C Packet Pg. 1358 16.D.6.1 • The Division may require upwards of ten percent(10%)of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. _ a) E • The entity will be considered in violation of Resolution No.2013-228 L 8 a 4. If in the case after repeated notification the Entity continues to be substantially a non- compliant, the Division may recommend the contract or award be 0 terminated. 6' m .Q U • The Division will make a recommendation to the Board of County cc Commissioners to immediately terminate the agreement or contract. The 3 Entity will be required to repay all funds disbursed by the County for project m that was terminated.This includes the amount invested by the County for the initial acquisition of the properties or other activities. o • The entity will be considered in violation of Resolution No.2013-228 0 a a. If in the case the Entity has multiple agreements with the Division and is found to be non- a compliant,the above sanctions may be imposed across all awards at the BCC's discretion. ao r �• 2.6 REPORTS e' E a) Reimbursement may be contingent on the timely receipt of complete and accurate reports a) required by this agreement, and on the resolution of monitoring findings identified pursuant to a this agreement as deemed necessary by the County Manager or designee. c iZ a) During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the a 10th day of January,April,July and October respectively for the prior quarter period end.As part E of the report submitted in October,the SUBRECIPIENT also agrees to include, a comprehensive E final report covering the agreed-upon Program objectives, activities and expenditures and v including, but not limited to, performance data on client feedback with respect to the goals and 0 objectives set forth in Exhibit"C".Exhibit"C"contains an example reporting form to be used m in fulfillment of this requirement. Other reporting requirements may be required by the County c Manager or designee in the event of Program changes; the need for additional information or NI documentation arises; and/or legislative amendments are enacted. Reports and/or requested -a documentation not received by the due date shall be considered delinquent and may be cause for as default and termination of this agreement. 0 (.) c a) E U to a Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 12 Packet Pg. 1359 A6.D6I PART III TERMS AND CONDITIONS 4- 3.1 SUBCONTRACTS a> 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 6. judgment. m 3.2 GENERAL COMPLIANCE 'a c.) a> The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal s Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning cn 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 o and (3) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS a revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees toco 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 c^ available under this agreement to supplement rather than supplant funds otherwise available. L 3.3 INDEPENDENT CONTRACTOR Q Ta _ Nothing contained in this agreement is intended to, or shall be construed in any manner, as U- creating or establishing the relationship of employer/employee between the parties. The a 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. C7 3.4 AMENDMENTS m N 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 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 Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 13 Packet:Pg.,1360'; li 16D6i'" such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement,such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. a) E 3.5 AVAILABILITY OF FUNDS L 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 a of curtailment or non-production of said federal funds,the fmancial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, cc 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, +n that the funds are no longer available. In the event of such termination, the SUBRECIPIENT g 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 o under the terms of this agreement. a 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold c harmless Collier County, its officers, agents and employees from any and all claims, liabilities, E 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 r 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 m which may issue there-on.This Indemnification shall survive the termination and/or expiration of this agreement. This section does not pertain to any incident arising from the sole negligence of 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 w survive the expiration of termination of this agreement. 0 i 3.7 GRANTEE RECOGNITION/SPONSORSHIPS :j 41 .Ec The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 14 rAo Packet Pg.=1361 44116D6t public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: w w "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN cu DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN m SERVICES DIVISION" c cc 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. .6 3.8 DEFAULTS,REMEDIES,AND TERMINATION in In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth Ta" the reasons for such termination, the effective date, and, in the case of partial terminations, the o 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. co os 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 Q such statutes,regulations,executive orders,and HUD guidelines, policies or directives as may become applicable at any time; h- as R B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; U C. Ineffective or improper use of funds provided under this agreement;or 0 to D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. } u. E. Submission by the SUBRECIPIENT of any false certification; d L F. Failure to materially comply with any terms of this agreement;and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. 5 Id Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 15 Packet Pg. 1362! — 16.D iIn 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; os.) B. Require the use of or change in professional property management; Q C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this agreement; D. Apply sanctions if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; in 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 a. agreement. co 01 3.9 REVERSION OF ASSETS In the event of a termination of this agreement and in addition to any and all other remedies available to the COUNTY (whether under this agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, c per 24 CFR 570.503(b)(7). as The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right(nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary.Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). v m 3.10 INSURANCE 0 N SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and m carried,at all times during its performance. 0 3.11 ADMINISTRATIVE REQUIREMENTS _ The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget 5 and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 16 40 Packet Pg s1363E Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Community Development Block Grants(24 CFR 570 et seq.). U) 3.12 PURCHASING as SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through a .326)and Collier County's purchasing thresholds. C9 Range: Competition Required d $0-$3,000 1 Written Quote 'Q. $3,000-$10,000 3 Written Quotes 0 $10,000-$50,000 3 Written Quotes cc $50,000+ Bids,Proposals,Contracts(ITB,RFP,etc) 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be a handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records a and documents related to the project. co rn 3.13 PROGRAM GENERATED INCOME E a> No Program Income is anticipated. In the event there is Program Income derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be retained by the To SUBRECIPIENT for use in the Community Development Grant Program. Any "Program iZ Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan,utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. In the event there is a program income balance at the end of the Program Year, such balance shall revert v to the COUNTY's Community Block Grant Program,for further reallocation. m to 3.14 GRANT CLOSEOUT PROCEDURES N W SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The Subrecipient may close out the project with the County after the year affordability period has been met, if applicable. Activities during this closeout period shall include,but not be limited to: making final payments, disposing of program assets (including the V return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutesfa regarding records maintenance, preservation and retention. A conflict between state and federal Q^ Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 17 /1 Packet Pg. 1364 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 m complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 6. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE Q 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 ,Q on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon �n receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this a agreement. 0 To the greatest extent feasible, lower-income residents of the project areas shall be given oL opportunities for training and employment; and to the greatest feasible extent eligible business o. concerns located in or owned in substantial part by persons residing in the project areas shall be Q awarded contracts in connection with the project. The SUBRECIPIENT shall comply withco Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS CD 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 m may rely on written representations by businesses regarding their status as minority and female co business enterprises in lieu of an independent investigation. u_ 3.17 PROGRAM BENEFICIARIES ? T.) At least fifty-one percent(51%) of the beneficiaries of a project funded through this agreement v must be low- and moderate- income persons or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. 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 z Boys&Girls Club of Collier County CD16-012P5-IDIS#537 Immokalee Youth Programs and Services Page 18 Packet Pg. 1365 16.Q.6.t_ 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 412, beneficiaries as defined above for the time period designated in Exhibit"C"of this agreement. 3.18 AFFIRMATIVE ACTION a 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 provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide E 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 sS the five year period and must be submitted to County within 30 days of update/modification. can D 3.19 CONFLICT OF INTEREST 0 The SUBRECIPIENT covenants that no person under its employ who presently exercises any o functions or responsibilities in connection with the Project, has any personal financial interest, a 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 ofco 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 2 CFR 200.318, 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 CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that a maximum opportunity be provided for employment of and participation of low and moderate- LT. a) income residents of the project target area. 0 0 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 to 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 m 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 u. its employees shall be disclosed in writing to CHS provided,however,that this paragraph shall be m 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 0 Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 19 Packet Pg.;1366: 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 Q the basis of religion. 5 rrL�� B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and local governments and may cn 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 a 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 mayCO 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 c 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 INCIDENT REPORTING iZ If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child,aged person,or disabled adult to the County. U U 3.22 SEVERABILITY 0 Should any provision of the agreement be determined to be unenforceable or invalid, such a 0 determination shall not affect the validity or enforceability of any other section or part thereof. u. a F.? L ° M C�C Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 20 Packet Pg.1367. PART IV GENERAL PROVISIONS v, w 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/part-570 d ct 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 Q. 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FH ,Q Laws/109 in 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 ° R E.O. 11063 — Equal Opportunity in Housing o L http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing e_c ual opp/FH Laws/EXO11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programsco 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. 0^ http://www.law.cornell.edu/cfr/text/24/part-107 E d L 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as Q amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal_opp/prog �- desc/title8 m Ca 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 m 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 u_ 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 v 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements Boys&Girls Club of Collier County CD16-O12PS-IDIS#537 Immokalee Youth Programs and Services Page 21 1C.4►'i Packet Pg.;1368 16D:6f ;? 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 N w 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 L 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 m subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their ocu 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 in disability exists that would prevent compliance with these requirements. x The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to �aa include the following language in all subcontracts executed under this agreement: o "The work to be performed under this agreement is a project assisted under a program providing direct Federal fmancial 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 c 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 i opportunities for low-and very low-income persons residing in the metropolitan area in which the project is located." ii The SUBRECIPIENT further agrees to ensure that opportunities for training and employment a) 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 to 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 m undertaken in connection with a housing rehabilitation (including reduction and abatement of N lead-based paint hazards), housing construction, or other public construction project to business u. 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 ca 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. Rf Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 22 CAS) Packet Pg. 1369 16D6i 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 i by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm c 11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_o pp/FHLaws/EXO11063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html Q. 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 v� 12086:http://www.archives.gov/federal-register/codification/executive-order/12086.html ca x 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. ° �o http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm o 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.htmco 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 e' m E 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. c http://www.fhwa.dot.gov/realestate/ua/index.htm I 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 v 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in coo whole or in part byLoans or Grants from the United States- http://www.law.comeltedu/cfr/text/29/part-3 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.comeltedu/cfr/text/29/part- 5 5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally CO assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=23675 ° w Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 23 Packet Pg. 1370 16.0.6.1; 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 CC 4.17 The SUBREC1PIENT 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 'ia. 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 N E.O. 13279:http://fedgovcontracts.com/pe02-192.htm x 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 0 o. 4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit requirements for Grants and Agreements. rn 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html L 4.21 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 a employee,as set forth in Chapter 112, Part III, Florida Statutes,Collier County Ethics Ordinance �- a) No. 2004-05,as amended,and County Administrative Procedure 5311.Florida Statutes- ea http://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_l 12_part iii Collier County- http://bccspol/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1% 20Standards%20of%20Conduct.pdf m 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the co Contract Documents,the terms of the agreement shall take precedence over the terms of all other CDCsi Contract Documents, except the terms of any Supplemental Conditions shall take u. precedence over the agreement. To the extent any conflict in the terms of the Contract m Documents cannot be resolved by application of the Supplemental Conditions,if any,or the L 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. E 0 ea z � a Boys&Girls Club of Collier County CD16-012P5-IDIS#537 Immokalee Youth Programs and Services Page 24 ' Packet Pg.1371 1.6.D6i: 4.23 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 1/7 Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 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 c ca 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 E. 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 c'n 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, Middle District of Florida, if in federal court. BY 0 ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT a. 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 r' 4.25 The SUBRECIPIENT agrees to comply with the following requirements: g a. Clean Air Act,41 USC 7401,et seq.http://www.law.comell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 c ii 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 d ° 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- m idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 ro 4:3.1.1.3.4.11.1.6&idno=24 lL 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. 1.1.3.4.11.1.9&idno=24 s ca Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 25 �w0 Packet Pg 1372 16D6i 4.28 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/nhpal966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800_main_02.tp1 In general, this requires concurrence from the State Historic Preservation Officer for all ca rehabilitation and demolition of historic properties that are fifty years old or older or that are t.5 included on a federal, state or local historic property list. http://www.nps.gov/history/local- law/nhpa1966.htm 47 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988(41 USC 701). u� http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 0 x 4.30 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 'o transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not a 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 24co o) 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 °? 4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is c 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 a incurred.These requirements are enumerated in 2 CFR et seq. c E 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be v submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal V U year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit co financial statements to the COUNTY one hundred eighty (180) days after the end of the } Subrecipients fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt u. of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. L ° 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 � a Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 26 Packet Pg=11373 mid X76,13 6 iF 4.33 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 d disposition of property. Any real property within the SUBRECIPIENT control, which is 1 Q 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 E. m 4.34 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, v� 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. o http://www.lawserver.com/law/state/florida/statutes/florida statutes_287-133 a _ a 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, csico 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 E grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement.If any funds other than Federal appropriated funds have been paid c or will be paid to any person for influencing or attempting to influence an officer or employee of i� any agency, a Member of Congress, an officer or employee of Congress, or an employee of a co 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. to The undersigned shall require that the language of this certification be included in the award U documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under m grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and cc disclose accordingly. N u_ 436 Travel reimbursement will be based on the U.S.General Services Administration(GSA)per diem rates in effect at the time of travel. ° 4.37 Any rule or regulation determined to be applicable by HUD. ° 4.38 Florida Statutes 713.20,Part 1,Construction Liens Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 27 6 Packet Pg. 1374 I6 D.6.i http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&URL=0700- 0799/0713/0713.html U) a 4.39 Florida Statutes 119.021 Records Retention a' http://ww .lawserver.com/law/state/florida/statutes/florida statutes_119-021 L w 4.40 Florida Statutes, 119.071,Contracts and Public Records co http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html m Q a, a (Signature Page to Follow) 0 To O L o. op O> co To LL cu a) ToU m co 0 d m co � Q Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 28 t[`A"1 Packet Pg.{1375.' 16D6i IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. a) ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA L t7 By: ,Deputy Clerk DONNA FIALA,CHAIRMAN Date: _ N THE BOYS & GIRLS. CLUB OF COLLIER = i Dated: COUNTY,FL,INC.(BGCCC) (SEAL) o L Theresa Shaw,President&CEOco Date: J.' — 0/6 a✓*"..• Approved as to form and legality: Jennifer A.Belpedio Assistant County Attorney ��"1� to co 0 Date: U U U U' co 0 LL m a+ 0 U 4- c m E .0 0 Boys&Girls Club of Coder County CD16-008-WDA#537 Immokalee Youth Programs and Services Page 29 Packet Pg . 1376 16.D.6.c U) m E PART V d EXHIBITS Q EXHIBIT A a) INSURANCE REQUIREMENTS :a The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing v� insurance coverage that meets the requirements as outlined below: x 1. Workers' Compensation as required by Chapter 440,Florida Statutes. ° co 0 2. Commercial General Liability including products and completed operations insurance in the a amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown `z as an additional insured with respect to this coverage. a �-� 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 additionalco insured. c DESIGN STAGE(IF APPLICABLE) iZ In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: E 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 m design professional shall become legally obligated to pay as damages for claims arising out of the to services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in a connection with this contract. This insurance shall be maintained for a period of two (2) years u_ after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 30 Packet Pg. 1377 1fD6k= 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 m 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. Q 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 m of financial assistance for acquisition or construction purposes(including rehabilitation). Q m OPERATION/MANAGEMENT PHASE(IF APPLICABLE) 11 After the Construction Phase is completed and occupancy begins,the following insurance must be kept in cn force throughout the duration of the loan and/or contract: x 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 0 L 8. Commercial General Liability including products and completed operations insurance in the a 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 U A.T.I.M.A. m m 0 N U- .° a1 t.) L ° U c a) E 0 Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 31 Packet Pg 1378 16.Ds6�. EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT c ro E 0 SECTION I:REQUEST FOR PAYMENT 0 Recipient Name: The Boys& Girls Club of Collier County(BGCCCI Recipient Address: 1155 Roberts Avenue,Immokalee,FL 34142 w c Project Name: Youth Development Programs and Transportation Services Q Project No: CD16-012PS IDIS#537 Payment Request# tt Total Payment Minus Retainage cn Period of Availability: through Period for which the Agency has incurred the indebtedness through ,_ a SECTION II: STATUS OF FUNDS ° Grant Amount Awarded $ a Sum of Past Claims Paid on this Account $ N CO Total Grant Amount Awarded Less Sum of Past $ Claims paid on this Account c Amount of Previous Unpaid Requests $ Amount of Today's Request $ d 10%Retainage Amount Withheld $ Current Grant Balance (Initial Grant Amount it Awarded Less Sum of all requests) $ d Y I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,all grant requirements have been followed. U 0 in to Signature Date co U. Title 0 Authorizing Grant Coordinator Authorizing Grant Accountant °' 0 Supervisor Division Director (Approval required$15,000 and above) (Approval Required$15,000 and above) to Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 32 Packet Pg.`1379 ,16.D.6lig • EXHIBIT"C" QUARTERLY PERFORMANCE REPORT DATA GENERAL a) Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance a Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipien shall submit the information contained herein within ten(10)days of the end of each calendar quarter. QUARTERLY PROGRESS REPORT •E. a) cc Sub-recipients:Please fill in the following shaded areas of the report eA C) Agency Name: .The Boys&',010 Club of Collier County'(BGCCC) Date: D Project Title: Youth Developmental Programs and Transportation Services C 0. Alternate Q Program Contact Kelsey Wright,Grant.Writer =_ Contact: Telephone Number (239)325-1760 — ar E Activity Reporting Period Report Due Date October 1st-December 315t January 10th January 31°-March 31st April 10th Q April 1 n-June 30th July 10`h July 1st-September 30th October 10th ii a) a) Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. - 0 E 1. .i,: ° " a hs'" a o-s S may .z.�srf:.. _�:,�°' <• ..a��.,.,.x..�.,.z..;.:.�;: .,.,..a.�_�..,�,.ns§,.,.::..£m..�..d.�t>.,e_..w,.EN..... ==§a"' �€3n .^�''``: 5�:� .°�,... co A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. 0 "'Outcoll 1.10 1: Subrecip ent sl ajl"deliver.youth development programs/community aCtivitIes to;you#h ages 6 18 Outcome documentation`of natloriat objects O.achievement L MI1LM , Must document that at least 51%%of 120 rsons set +ed, a ow to moderate income, in or. e �Q eet a CDBUONational Objective Qitcome 3 BGCC small Sslye-120 youth during the perlt5d t f performance o U *(duplroatron of clients Is permitted to allow forcontinuity of services) w a) B.Goal Progress:Indicate the progress to date in meeting each outcome goal. Boys&Girls Club of Collier County CD16-012P5-IDIS#537 Immokalee Youth Programs and Services Page �� Packet Pg 1380'' i'16.D6.1;,„' `.come 1: Outcome 2. :T d Outcome 3 S n �yy!dp Y :outcome V 12 d •Q. - ;ft-'!"7'''''',''',1'471''''' '''',1r.-''72%:','4i'.-1,-':igt,IY,'-'1ffl' ,„ikft” ,V.„„:',4):;q 0 ,,. F} Wit":' a Z. 1 � � v as ara ,ar a s '° E �. ., � ��„,...4,4„4.—,...�"v u ' al�r�..�� '" �S,�a� 7 2 O El Yes No 0 a Ct. If no,explain: a N CO c �. m 3 R '4 ''''' '''T g Int* 3, §� "".,, t' ,,, '`i' rte' f ▪ '• ��` � if:..;'?,fi k I. ' Al :w'W s ; Y yy�� i .,,,,.„.4,- ,,,,,,,4,:. 11.: 4 V �,-- .. `�'a .�."'•� � z,,,,,...,.„,. �� _ � �-� _u ��... �t• �. . <, ,. . � �.. � Q a, now have new access(continuing)to this service or benefit? 0'I' c c b. ...now has improved access to this service or benefit? ".fl aid Ts c, now receive a service or benefit that is no longer substandard? "'01::,i p E TOTAL: E U .ra ...`ft a$i ' ` rMW- 4. 3 s . 's0,8401i. ,.-1,41t,..-xct a �ix � , CDBG N' .. g , a»:8ESG Consolidated Plan Funds Other Federal Funds o HOME State/Local Funds w L Total o Entitlement U Total Other Funds $ 0.00 Funds $ 0.0044 m E s Cs r �, Q Boys&Girls Club of Collier County CD16-012P5-IDIS#537 Immokalee Youth Programs and Services Pao Packet Pg',,1381 x16D6.i 5. etg51 ' a�9sa ro ;3' ,.4777:77Z4-:;;..,777.7i k ,1 `" , 1 Z 7 bs � z � ` a. Total No.of adult females served: " 0 '‘,::i LL Total No.of females served under 18: `N==0 • b. Total No.of adult males served: 0 Total No.of males served under 18: D ,—,...N TOTAL: 0 TOTAL: 0 N c. Total No.of families served: Total No.of female head of household: 0c a. Total No.of adult females served: '0 Total No.of females served under 18: 0 Q c b. Total No.of adult males served: 0 Total No.of males served under 18: 0` co 6 TOTAL: 0 TOTAL: 0 O w c. Total No.of families served: .. :0 Total No.of female head of household: 0 U Complete EITHER auestlon#7 OR#8. Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit re • categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category. .6 PO NOT COMPLETE BOTH QUESTION 7 AND 8 O 7. : :..',: "'. 74: ;..C7 x':'.6,1 .. � 3 a ;. „ :Z�n�u,, ."�,. � j�... : 'a , S g �> s�2d&.�� ">....�d.«Y� "�.�d e_ 7+_�! _-,}. � ..iia..�dJ�a.w .. r � "&L .. '� �/ Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served = since October 1 who fall Into each presumed benefit category since October 1 who fall into each Income category(the total 6 (the total should equal the total in question#6) should equal the total in question#6) _ REPORT AS: REPORT AS: 0- Abused Children Homeless 0, Extremely low Income(0-30%) 2 ,,0 Person Battered '0. Low Income(31-50%) O. 0 Battered Spouses 0 . Moderate Income(51.80%) •• N 0 Persons w/HIWAIDS 0. . Above Moderate Income(>80%) co 0 Elderly Persons 0- t Veterans • 0'::. Chronically/Mentally III E. 0: Physically Disabled Adults y i 0. Other-Youth < TOTAL: o TOTAL: o iQ C iL 9. j + E If a licable m Please Indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please ca indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell). C RACE ETHNICITY E White 0 ;of whom,taw many are Hispanic? 0•' E Black/African American 0' ;of whom,how many are Hispanic? 0 0 Asian 0 ;of whom,how many are Hispanic? 0 V American Indian/Alaska Native , 0 ;of whom,how many are Hispanic? 0 0 Ca Native Hawaiian/Other Pacific Islander 0 ;of whom,how many are Hispanic? '• 0 CD r American Indian/Alaskan Native&white 0 ;of whom,how many are Hispanic? 0 0 N Black/African American&White0 ;of whom,how many are Hispanic? 0 U. Am.Indian/Alaska Native&Black/African Am 0 ;of whom,how many are Hispanic? 0 -0 SI Other Multi-racial 0 ;of whom,how many are Hispanic? 0 V d TOTAL 0 TOTAL:HISPANIC ,,__:_g O= Name: Signature: 0 Your Typed name here represents your electronic signature C Title: co E t V t0 a.+ Q,... Boys&Girls Club of Collier County CD16-012P5-IDISU 537 Immokalee Youth Programs and Services Page 35 //'' (( v.b Packet Pg.,,"1'382 16D.6i EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS E Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: m 0. A. Household Information ce Member Names—All Household Members Relationship Age N 1 r7 2 3 15 4 > 5 a 6 o. 7 03 8 rn � c B. Assets:All Household Members,Including Minors d Member Asset Description Cash Value Income from Assets 1 LL 2 G1 3 i 4 E 5 6 V U 7 C9 8 0.00 m Total Cash Value of Assets B(a) 0.00 N Total Income from Assets B(b) 0.00 >- If line B(a)is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) v C 0 E Ce Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 36 Packet Pg 1383 '14.6.61 C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf ---� of Minors N r Member Wages/ Benefits Public Other Salaries / Assistance Income (include tips, Pensions Asset a commissions, Income bonuses,and overtime) (Enter the greater of 1 box B(b)or 2 _ box B(c), 3 above, in .n 4 box C(e) y 5 below) 6 7 > 8 0 Totals (a) (b) (c) (d) (e) a 0.00 0.00 0.00 0.00 •• N Enter total of items C(a)through C(e). 0.00 co This amount is the Annual Anticipated Household Income. r D. Recipient Statement: The information on this form is to be used to determine maximum E income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. i/we certify that the statements are Q true and complete to the best of my/our knowledge and belief and are given under penalty Tv of perjury. iZ m m WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations 70 concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083. U U U t9 Signature of Head of Household Date m LL Signature of Spouse or Co-Head of Household Date d V d L L O U Adult Household Member(if applicable) Date m E Adult Household Member(if applicable) Date Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 37 Qb, Packet Pg.;x1384 16.D6i '� E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: as ❑ Very-Low Income (VLI) Household means and individual or family whose annual income a does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. ca (Maximum Income Limit$ ). CO- CD ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. z cn (Maximum Income Limit$ ). ❑ Moderate Income (MOD) Household means and individual or family whose annual ° Ta income does not exceed 30 percent of the area median income as determined by the c U.S. Department of Housing and Urban Development with adjustments for household a size. (Maximum Income Limit$ ). op i-e Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County,Florida. m Signature of the CDBG Administrator or His/Her Designated Representative: WE as Ta ii Signature Date Printed Name Title to F. Household Data Number of Persons m By Race/Ethnicity BY Age Native 0 N American Hawaiian or Oth 0— 26— 41— >- Asian Black White er 25 40 61 62+ "- Indian Other Pac. a) Islander Hispanic Non- Hispani NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 38 ti Otr.7tl Packet Pg. 1385 1e[ f i4 EXHIBIT E ^ ANNUAL AUDIT MONITORING REPORT to C d E co cu r F t I 4 a s .. Ws1 W :. `- 4 4 w 7.1,e, e ® a e �' E a jx_ �-' P tA. C ,rf`". '�1+ ---7,11:444A- k' .;ra ti J�"g6aS % ai .¥ - r Y ' s8 .) e W?' f� ti - 'p A,_ ' F a zcNor. y ,'" �� 5� � Y L e * j W � a E � €iti k. " t tii : d W �e 4r r a sir 4,- as ra,z m - I a :.� �# a t .z,: .° W • , 0 '4,r } , ;fig vL 9 �/� ,4 'S dt,. to M1. 3Pi.9 a f ,yfe ,:l t .. sd�aBr i kT q "-y''.rf F� c), x} � „,., V/ RestlE,'. e - o�"�� k a4 s : ''gym e s s I �'' r',"} � '4,y ' f `�' , 4.01.45�t t u 6. faM �,;;��ti,. . '�T :a" �.�`.�.�"'.z��wf sr,. req, .IL.." g .%`„�.� y. At... .' ':1? 4,;" � "m�j A, �'" ...r.,.. °� l i ^t c 4:1A a� R.,t "i D'" r. 'F�t`. ;; ; 9 O f EEq a P y. a, a- . t o _ a , , t "`+• ii i :. oei a e e d a � Q. •b .. 1,: G. mi e, .+R ilikVif rl. c:. c<� a .,.tea,:-r<;p, a �.mw,...�. a .` °^1• .,t' Check A. or B. Check C if applicable }, :'A''''..,.-.'..lie Federal/State expenditure threshold a o�ir: scar year•ending as indica#end abdv ..i..,-, =.4, has been ?'� meand a Circular A 133 ort CFR ra -- subpart F'Single Audit has been conipJ ted or will be completed by �Gaptes �e audit report aade`r anagethent.letter are attached or a) :Swill be provided wi":6,),,,,6,.,::,3°::::',11,ays ofcomI"tfo,�r B We arFe not subject#oathe requirements of ? I Ci alar::7...:'.:.• Ai33.or 2 CFR Part Z00, Subpart„0...j.„...,,,,,,,.., be arise we ,: . m �° Did not<exceed the expenditure threshold for the fiscal"year•ndicated above a :::,,,,,..,..t.;1„ 0 Area for- rofit or a izatior _ -` O Are exempt for other reasons explain An aud• ited financial statement�s attached end ►f applicable, the int a eriden#auditor's.ral nagement letter, ..,,J.4.,..1 ,-..r.:: to C Ftdahgs were"noted,,a current,latus Update of tsha,responses and corrective action plan is 3 `anclude�l separate from the written response pro4de-tide' yrrtht a audit reports While we ttr�dfand,' °�° tiaa the audit report contains a%written irespor sef r trig s), we i!5.......1.estin an updatetea, o :status of the torr ve aobor� s,zbein taken :134eaS„�d not rovide• st a co , of he writtenN �. 9 a p e. pY ., ................... respor►, ion Q r audit report, unl e,rt r—crudes:details of the fictions prose t es,;policies, ete: u- lrn®leen#ed and:whe�r<it was ori#t irri W lertented Certification Statement Signature Date c t E Print Name and Title 4 06/15 4.1 Q^ Boys&Girls Club of Collier County CD16-012PS-IDIS#537 Immokalee Youth Programs and Services Page 39 Packet Pg 13861 7._.. 1sDsj, • FAIN# B-16-UC-12-0016 and B- 15-UC-12-0016 Federal Award Date EST. 10/2016 4-11 Federal Award Agency HUD CFDA Name Community Development Block Grant a, CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $166,930 • Subrecipient Name City Of Naples DUNS# 084130293 Q FEIN 59-6000382 CD R&D No Indirect Cost Rate No co Period of Performance 10/2016- 9/2017 Fiscal Year End 9/30 Monitor End: 12/31/2023 ° ° ' L Q. 0. AGREEMENT BETWEEN COLLIER COUNTY N CO AND CITY OF NAPLES N THIS AGREEMENT is made and entered into this day of 2016, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal ;° address at 3339 B Tamiami Trail,Naples FL 34112, and"City of Naples", a municipality existing under the laws of the State of Florida, ("Subrecipient"), having its principal office at 735 8th Street South,FL m 34102-1401. WHEREAS, the County has entered into an agreement with the United States Department of ru Housing and Urban Development (HUD) for a grant for the execution and implementation of a - Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of in the Housing and Community Development Act of 1974(as amended);and 0. WHEREAS,the Board of County Commissioners of Collier County approved the Collier County c Consolidated Plan--One year Action Plan for Federal Fiscal Year 2016-2017 for the CDI3G Program with Resolution 2016-147 on June 28,2016—Agenda Rem 11B;and v 1 WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan L concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on May 20,2016 with a 30 day Citizen Comment period from date May 20,2016 to date June 20,2016;and City of Naples CD 16-001.IDIS#536 City of Naples Sidewalk Improvements ..-<.. r Pae1 . Packet Pg. 1387 16xl36j,,: WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County '" CDBG program;and r-. WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG City of Naples Sidewalk Improvements;and NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF WORK The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services(CHS)Division, perform the tasks necessary to conduct the program as follows: 0 City of Naples Sidewalk Improvements a Description of project and outcome: te., CHS,as an administrator of the CDBG program,will make available CDBG funds up to the gross v^ amount of$166,930 to the City of Naples for sidewalk improvements within the River Park community. The project will be for the design and construction of a sidewalk on the North side of 5th Avenue North from Goodlette Frank Road to Anthony Park. The project will include any `"desi�>mobilization, swale reclamation,irrigation,surveying,contingencies and any other 0 associated activities needed to complete the sidewalk improvement project. N The property will be deed restricted for five(5)years commencing on the date of initially meeting Tti one of the National Objectives in accordance with 24 CFR 570.505. (IfApplicable) - 1.1 SPECIAL GRANT CONDITIONS coz A. Within thirty(30)calendar days of the execution of this agreement,the Subrecipient must 0 deliver to CHS for approval a detailed project schedule for the completion of the project. v B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty(30)days of award of this agreement: O Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy .0 Procurement Policyco ❑ Uniform Relocation Act Policy City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Packet`Pg 1388 I6 D 6• j=; ® Sexual Harassment Policy ® Procedure for meeting the requirements set forth in Section 3 of the Housing and N Urban Development Act of 1968,as amended(12U.S.C. 794 1 u) c ® Procedures for meeting the requirements set forth in Section 504 of the m Rehabilitation Act of 1973,as amended(29 U.S.C. 794) a) al ® Fraud Policy Q C. Environmental Review Requirement(ERR) -No program costs can be incurred until an co environmental review of the proposed project is completed, and approved by HUD. t5 Further,the Subrecipient will not undertake any activity or commit any funds prior to the m HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. a. Violation of this provision will result in the denial of any reimbursement of funds undertr this Agreement. la cri0 1.2 PROJECT DETAILS m x 0 A. Project Description/Project Budget 0 D. Description Federal Amount a Project Component 1: Surveying and Project Design $34,500 Project Component 2: Construction and related activities to include but not limited to $132,430 co sidewalks, mobilization, swale reclamation, irrigation, contingencies any other associated activities needed to complete the sidewalk improvement project. . ^, CZ Total Federal Funds: $166,930 0 N CCI T 0 The Subrecipient will accomplish the following checked project tasks: N t7 CO O Pay all closing costs related to property conveyance 0 ❑ Maintain and provide to the County as requested beneficiary income certification co documentation m ® Maintain National Objective Documentation a) ® Provide Quarterly reports on National Objectives and project progress m ® Required attendance by a representative from executive management at quarterly Ti. ca partnership meetings,as requested by CHS. z ® Provide monthly construction and rehabilitation progress reports until completion of c construction or rehabilitation. U ® Identify Lead Project Manager -a ® Provide Site Design and Specifications al Comply with Davis Bacon Labor Standards c ® Provide certified payroll weekly throughout construction and rehabilitation 0 ❑ Comply with Uniform Relocation Act(URA),if necessary w ❑ Ensure applicable numbers of units are Section 504/ADA accessible s ® Ensure the applicable affordability period for the project is met a d City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Packet Pg. 1389 16.d 61 B. National Objective r` The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: �? a) LMA—Low/Mod Area Benefit 6. co ❑ LMC—Low/Mod Clientele Benefit t� ❑ LMH—Low/Mod Housing Benefit a ❑ LMJ—Low/Mod Job Benefit a. LMA: Must document where at least 51% of the residents are LMI persons which by slo HUD determined eligible census tracts. Failure to achieve the national objective under this o agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51% of persons served, are low to moderate income households, in order to meet a CDBG National Objective. Failure to achieve the national ra objective under this agreement will require repayment of the CDBG investment under this 2 agreement. a LMEI: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must co have at least 51% occupied by LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. �^ LMJ:Must document job creation and retention LMI benefit national objective addresses activities designed to create or retain permanent jobs,at least 51% of which(computed on a full- N co time equivalent basis)will be made available to or held by LMI persons. Failure to achieve the c national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within thirty(30)days of m (Section 1.1) agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty(30)days of renewal Detailed project Schedule Project Schedule Within thirty(30)days of agreement execution Project Plans and Specifications Site Plans and Specifications Prior to Construction Start Submission of Progress Report Exhibit C Quarterly reports.Annual-Final v Financial and Compliance Audit Exhibit E Annually one hundred eighty (180)days after FY end until a 2023 Continued Use Certification Continued Use Affidavit,if Annually until 2023 applicable Q^ City of Naples CD 16-001 IDIS#S36 City of Naples Sidewalk Improvements Packet sPg,.1390 1s. .6• r.. Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve of rehabilitation and annually .� thereafter until 2023 c a) E 1 D. Payment Deliverables L a a Payment Deliverable Payment Supporting Documentation Submission Schedule c Project Component 1: • Submission of supporting • When invoiced 6 documents must be provided as by design firm c Survey and Project Design backup as evidenced by banking and paid by the n documents,contract/proposal and City '-• survey and design completion. • Submit re • 10%retainage will be withheld retainage 11 with each request for payment request after 0 and will be released upon final close out 0 completion of activities and final monitoring c close out monitoring clearance 1a • Exhibit B c L °' • Submission of Project Component 2: • Submission of supporting 4 documents must be provided as monthly N Construction and related activities backup as evidenced by,banking invoices co to include but not limited to documents,completed AIA. i'„,,, sidewalks,mobilization,swale G702-1992 form or equivalent 1,7 reclamation,irrigation and any document per contractor's contingencies. Schedule of Values and any N additional documents as needed. • Submit to r- • 10%retainage will be withheld retainage N with each request for payment request after m and will be released upon final close out o completion of activities and final monitoring V N close out monitoring clearance • Exhibit B 3 a) Final 10% retainage held, will be released upon completion of project to meet a CDBG National N Objective. Failure on behalf of the subrecipient in achieving the National Objective under this agreement Q will require repayment of the CDBG investment under this agreement and aforementioned z rehabilitation/construction agreement. o w_ U 1.3 PERIOD OF PERFORMANCE a o Services of the Subrecipient shall start effective the date of the execution of this agreement and o shall end on or before September 30,2017. 0 c a> 1.4 AGREEMENT AMOUNT E V V. n aC City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Packet Pg.;1391. 16 D,6z� .i The COUNTY agrees to make available One Hundred Sixty Six Thousand Nine Hundred Thirty Dollars ($166,930.00) For the use by the SUBRECIPIENT during the term of the agreement (hereinafter,shall be referred to as the"Funds"). E Modification to the `Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10% of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be made with Board approval. m The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of 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 c 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 Q required. Explanations will be required if two consecutive months of$0 invoices are submitted. 13- 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 co perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement `1' m may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to y the Subrecipient and reported to the Board on a quarterly basis. No payment will be made until approved by CHS 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 o as the"Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Subrecipient are governed by the Federal grants management rules for cost y allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this 5 Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Packet Pg. 1392 I � 16 D61`r, adequate documentation for validating costs incurred.Payments to Subrecipient's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart B. The Developer will use adequate internal controls, and maintain necessary source co documentation for all costs incurred and adhere to any other accounting requirements included in c this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery,orsent 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. 2 co COLLIER COUNTY ATTENTION:Lisa Oien,Grant Coordinator 3339 E Tamiami Trail,Suite 211 N Naples,Florida 34112 Email: lisaoien@colliergov.net Telephone: (239)252-6141 tO 0 N City of Naples ATTENTION:Greg Givens,Grant Coordinator 735 8th Street South Naples,Florida 34102 Email:ggivens@napiesgov.com Telephone: (239)237-7101 "in d O U m I co Q City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements • Packet Pg.1393 -1'61:1164 PART II GRANT CONTROL REQUIREMENTS E 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, r documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. a) CC Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer,or Subrecipient within 30 days after receipt by the organization. Failure of the organization to 0 comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of fixture payments. The Subrecipient hereby agrees to have an annual c agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. 0. 0. The determination of amounts of Federal awards expended shall be in accordance with guidelines N established by 2 CFR Part 200, Subpart F-Audit Requirements. oo 2.2 RECORDS AND DOCUMENTATION �^ F- 0 The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to `V determine compliance with the requirements of this agreement,the CDBG Program and all other 0 applicable laws and regulations. This documentation shall include, but not be limited to, the 0 following: U A. All records required by CDBG regulations. 111 B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. 0. ca 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 SUBRECIP1ENT at any time upon request by the COUNTY or CHS.Materials identified in the previous sentence shall be in accordance with generally accepted accounting 13) principles (GAAP), procedures and practices, which sufficiently and properly reflect all U 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 E extent of such detail as will properly reflect all net costs, direct and indirect labor, -� as z City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 8 Packet Pg. 1394 I6 D.6j,: materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this agreement. Ift c m D. Upon completion of all work contemplated under this agreement copies of all documents E and records relating to this agreement shall be surrendered to CHS if requested. In anyco event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a a readily accessible, permanent and secured location for five (5) years after the date of C7 submission of the annual performance and evaluation report, as prescribed in 2 CFR ,a' 200.333 with the following exception: if any litigation, claim or audit is started before a,, the expiration date of the five (5) year period, the records will be maintained until all •� litigation, claim or audit findings involving these records are resolved. The COUNTY re shall be informed in writing if an agency ceases to exist after closeout of this agreement = of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all o 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 c destroy any duplicate public records that are exempt or confidential and exempt from iii public records disclosure requirements. All records stored electronically must be Q provided to the COUNTY in a format that is compatible with the information technology a systems of the public agency. (4 00 a) 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 c showing contractor compliance with the Contract Work Hours and Work Safety Law. to Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal N purchasing requirements and with other federal requirements for grant implementation. C9 m 0 F. The SUBRECIPIENT will be responsible for the creation and maintenance of income N eligible files on clients served and documentation that all households are eligible under iii HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. in a d G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 R CFR 570.208 and the eligibility requirement(s) under which funding has been received, z 0 have been met. These also include special requirements such as necessary and It appropriate determinations as defined in 24 CFR 570.208, income certification, and v written agreements with beneficiaries,where applicable. III a a, H. SUBRECIPIENT shall provide the public with access to public records on the same v terms and conditions that the public agency would provide the records and at a cost that :: c does not exceed the cost provided in this chapter or as otherwise provided by law. E SUBRECIPIENT shall ensure that public records that are exempt or confidential and a IgwI Q City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 9 Packet Pg. 1395 exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 6 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to a the COUNTY no later nine(9)months after the Single Audit(or one hundred eighty(180)days for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end. The COUNTY will conduct an annual fmancial and programmatic review. .Q The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site Q. visits may be scheduled or unscheduled as determined by CHS or HUD. o. a N The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate o, fraud,waste,abuse,or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds .� provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this agreement. If corrective (11 co action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified N 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 y related to performance of activities in this agreement. Tys a> 2.4 PREVENTION OF FRAUD AND ABUSE N V7 SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and v other significant events are to be clearly documented and the documentation shall be readily d available for monitoring by COUNTY. �? O V SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. m SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent 5 waste,fraud and abuse. City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Paue 10 4 Packet Pg. 1396 916D6J SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any c appropriate law enforcement authority, if the report is made in good faith. C. E d 2.5 CORRECTIVE ACTION a, a � Corrective action plans may be required for noncompliance, nonperformance, or unacceptable as performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. 'Q. In order to effectively enforce Resolution No. 2013-228, Community and Human Services(CHS) aC has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers,or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division Q. within 15 days following issuance of the report. a. N • Any pay requests that have been submitted to the Division for payment will co be held until the corrective action plan has been submitted. N ti • CHS will be available to provide Technical Assistance (TA) to the entity as c 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 m manner to the Division,the Division may require a portion of the awarded grant amount be returned to the Division. • The County may require upwards of five percent(5%) of the award amount be returned to the Division, at the discretion of the Board of County in Ul Commissioners. 15. z • The entity may be considered in violation of Resolution No.2013-228 c 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 Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,be returned to the Division. c d E 0 w 11 � a City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 11 Packet Pg.P1397 6.D'6 j • The Division may require upwards of ten percent(10%)of the award amount be returned to the Division, at the discretion of the Board of County y 1 Commissioners. a) E • The entity will be considered in violation of Resolution No.2013-228 4. If in the case after repeated notification the Entity continues to be substantially cs non- compliant, the Division may recommend the contract or award be 46. terminated. Q • The Division 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.This includes the amount invested by the County for the = initial acquisition of the properties or other activities. • The entity will be considered in violation of Resolution No.2013-228 ao.. If in the case the Entity has multiple agreements with the Division and is found to be non- co compliant,the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports cNo required by this agreement, and on the resolution of monitoring findings identified pursuant to N this agreement as deemed necessary by the County Manager or designee. m During the term,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the Y 10th day of January,April,July and October respectively for the prior quarter period end. As part Tis of the report submitted in October,the SUBRECIPIENT also agrees to include,a comprehensive fmal report covering the agreed-upon Program objectives, activities and expenditures andcn in including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C". Exhibit"C"contains an example reporting form to be used Z in fulfillment of this requirement. Other reporting requirements may be required by the County o Manager or designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested -a documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this agreement. 0 U E .c v to w r L City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 12 Packet Pg.`1398 16aW PART III TERMS AND CONDITIONS d 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 ea L judgment. CD 3.2 GENERAL COMPLIANCE '� d 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 N 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 a. and (3) SUBREC1PIENT is required to follow federal procurement and (4) for DEVELOPERS a revenue generated is not considered program income. The CDBG program was funded through N the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to rn 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. N 33 INDEPENDENT CONTRACTOR t7 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 N SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the v; 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' rn Compensation Insurance,as the SUBREC1PIENT is an independent contractor, m a. ca 3.4 AMENDMENTS 4- 0 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 m duly authorized representative of each organization, and approved by the Grantee's governing L L body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or v SUBRECIPIENT from its obligations under this agreement. .ac.. The COUNTY may, in its discretion, amend this agreement to conform with Federal, state or c local governmental guidelines, policies and available funding amounts, or for other reasons. If Q City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 13 Packet Pg.':1399 16.11'64 such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement,such modifications will be incorporated only y by written amendment signed by both Grantee and SUBRECIPIENT. E ar 3.5 AVAILABILITY OF FUNDS as The parties acknowledge that the Funds originate from CDBG grant funds from HUD and mustco be implemented in full compliance with all of HUD's rules and regulations and any agreement t� between COUNTY and HUD governing CDBG funds pertaining to this agreement. In the event of curtailment or non-production of said federal funds,the fmancial sources necessary to continue °' to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, tt 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, rn 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 rts this agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT o under the terms of this agreement. a 3.6 INDEMNIFICATION w 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, to but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the ew 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 cn claims and losses of any nature whatsoever in connection therewith and shall defend all suits in aNi the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments cts which may issue there-on.This Indemnification shall survive the termination and/or expiration of this agreement. This section does not pertain to any incident arising from the sole negligence of , 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 m survive the expiration of termination of this agreement. L 0 3.7 GRANTEE RECOGNITION/SPONSORSHIPS ;; c The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar u z City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 14 Packet Pg. 1400 16D.6.j x' public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: u, ar I "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN E DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN a, SERVICES DIVISION" a c os L and shall appear in the same size letters or type as the name of the SUBRECIPIENT.This design ti concept is intended to disseminate key information regarding the development team as well as m Equal Housing Opportunity to the general public. Construction signs shall comply with •- applicable COUNTY codes. cc 22 a 3.8 DEFAULTS,REMEDIES,AND TERMINATION rn 0 m x In accordance with 2 CFR 200.339, this agreement may also be terminated for o 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 2 portion to be terminated. However, if in the case of a partial termination,the Grantee determined Q 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. co ----, The following actions or inactions by SUBRECIPIENT shall constitute a Default under this ti agreement: o N oli A. Failure to comply with any of the rules, regulations or provisions referred to herein, or N such statutes,regulations, executive orders,and HUD guidelines,policies or directives as M may become applicable at any time; m N B. Failure,for any reason, of the SUBRECIPIENT to fulfill in a timely and proper mannerTo its obligations under this agreement; in C. Ineffective or improper use of funds provided under this agreement;or m T:). as D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or c incomplete in any material respect. ? :110.1).61 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: N m A. Require specific performance of the agreement,in whole or in part; L B. Require the use of or change in professional property management; L C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds (5 SUBRECIPIENT has received under this agreement; a. D. Apply sanctions if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; cn 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 2 Q. payment or claim of benefit for any incomplete project activities undertaken under this c. agreement. N 03 Cn 3.9 REVERSION OF ASSETS In the event of a termination of this agreement and in addition to any and all other remedies available to the COUNTY (whether under this agreement or at law or in equity) the c SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of o termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, CD per 24 CFR 570.503(b)(7). p U The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right(nor excuse SUBRECIPIENT's obligation)to recoup all or any portion of the funds or property,as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(6)(7). m c. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until U all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried, at all times during its performance. L 0 U 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget s v and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 16 Packet Pg. 1402., 16.D:64, Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Community Development Block Grants(24 CFR 570 et seq.). 3.12 PURCHASING m a) SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through .326)and Collier County's purchasing thresholds. L C9 Range: Competition Required $0-$3,000 1 Written Quote Q' $3,000-$10,000 3 Written Quotes a) $10,000-$50,000 3 Written Quotes $50,000+ Bids,Proposals,Contracts(ITB,RFP,etc) v� 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 ca COUNTY and Federal requirements. The Subrecipient shall enter into contracts for improvements with the lowest,responsible and qualified bidder. Contract administration shall be a handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. co f. 3.13 PROGRAM GENERATED INCOME ti 0 N No Program Income is anticipated. In the event there is Program Income derived from the use of co CDBG funds disbursed under this agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the Community Development Grant Program. Any "Program m Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT accordingly,and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program,for further reallocation. as3.14 GRANT CLOSEOUT PROCEDURES ° SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are d completed. The Subrecipient may close out the project with the County after the year affordability period has been met, if applicable. Activities during this closeout period shall include,but not be limited to: making final payments, disposing of program assets(including the U return of all unused materials, equipment, program income balances, and receivable accounts to w the COUNTY), and determining the custodianship of records.In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes g City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 17 Packet Pg. 1403 fir . 16D6I.' ', 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 Ionger duration. Any balance of unobligated funds which have 6' been advanced or paid must be returned to the COUNTY.Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE m cc 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 o agreement. 0 L To the greatest extent feasible, lower-income residents of the project areas shall be given a 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. �^ ti 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS (11 ENTERPRISES N The SUBRECIPIENT will use its best efforts to afford small businesses, minority business CO 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 171 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 Y business enterprises in lieu of an independent investigation. d 3.17 PROGRAM BENEFICIARIES U At least fifty-one percent(51%) of the beneficiaries of a project funded through this agreement must be low- and moderate- income persons or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 18 Packet Pg. 1404 6. !4w 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 aa� beneficiaries as defined above for the time period designated in Exhibit"C"of this agreement. a) 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 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 o the five year period and must be submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST Txs 0 L C2. The SUBRECIPIENT covenants that no person under its employ who presently exercises any Q- a 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 co or degree with the performance of this agreement and that no person having any conflict of v_ 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 2 c CFR 200.318, 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 N employees shall be disclosed in writing to CHS provided,however, that this paragraph shall be 0 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 m its employees shall be disclosed in writing to CHS provided,however,that this paragraph shall be L 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. a' 3.20 RELIGIOUS ORGANIZATIONS City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 19 Packet Pg. 1405 "loose' ' 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 co 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. U) 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. o. D. The funds shall not be used for the acquisition,construction or rehabilitation of structures •• N to the extent that those structures are used for inherently religious activities. Where a co 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 co funded religious congregation uses as its principal place of worship, however, are o ineligible for CDBG funded improvements. 0 3.21 INCIDENT REPORTING _ ts If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child,aged person, or disabled adult to the County. a. 3.22 SEVERABILITY Should any provision of the agreement be determined to be unenforceable or invalid, such a v determination shall not affect the validity or enforceability of any other section or part thereof. L 0 U as E t City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 20 Packet Pg 1406 16.D6.1 PART IV GENERAL PROVISIONS y c m 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program m http://www.law.cornell.edu/cfr/text/24/part-570 a, a 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: L http://www.ecfr.gov/egi-bin/text-idx?c=ecfr&tpl/ecfrbrowse/Title24/24cfr58main 02.tpl 6 C a, 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 5 I 1974 as amended cc http://portal.hud.gov/hudportal/HUD?sreqprogram_offices/fair housing_equal_opp/FH N Laws/109 p m x 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing o Act.http://www.hud.gov/offices/Theo/library/huddojstatement.pdf To E.O. 11063 — Equal Opportunity in Housing a. http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal opp/FH C2- < Laws/EXOI 1063 N E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs 03 http://www.archives.gov/federal-register/codification/executive-order/12259.html n 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. `=' ti http://www.law.comell.edu/cfr/text/24/part-107 c N co 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as N amended 0 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/grog o desc/title8 N �o 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which -3ga prohibits discrimination and promotes equal opportunity in housing. y http://www.gpo.gov/fdsys/plcg/CFR-2007-title24 vola/pdf/CFR-2007-title24-vo13-sec570- e 602.pdf z 5 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders Z, 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted v with federal funds and as supplemented in Department of Labor regulations. EO 11246: i http://www.eeoc.govieeodhistory/35thIthelaw/eo-11246.himl L EO 11375 and 12086: see item#8 below ° U 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of l: 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements II n a City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 21 Packet Pg. 1407 16.D6j 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 N 42 c 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 'a applicable rules and orders issued hereunder prior to the execution of this contract, shall be a cc L condition of the Federal financial assistance provided under this contract and binding upon the C7 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. 0 The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to ra include the following language in all subcontracts executed under this agreement: 2 a. "The work to be performed under this agreement is a project assisted under a program providing N direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of co 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 c^ low- and very low-income residents of the project area, and that contracts for work in c connection with the project be awarded to business concerns that provide economic co opportunities for low-and very low-income persons residing in the metropolitan area in which the c 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 y project is located;where feasible, priority should be given to low-and very low-income personsCD within the service area of the project or the neighborhood in which the project is located, and tocc low- and very low- income participants in other HUD programs; and award contracts for work 0 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 tv concerns that provide economic opportunities for low- and very low-income persons residing m 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 v 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. ra City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 22 Packet Pg };1408 160:61 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- N j idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_main 02.tpl m E 4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended L as by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm L 11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal_o - ppIFHLaws/EXO11063 m 11246:http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html o 11375:Amended by EO 11478 11478:http://www.archives.gov/federal-register/codification/executive-order/11478.html 3 12107:http://www.archives.gov/federal-register/codification/executive-order/12107.html o 12086:http://www.archives.gov/federal-register/codification/executive-order/12086.html 46 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 a 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K. •• N Section 504: httpa/www.epa.gov/civilrights/sec504.htm co 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 ti 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 0 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 0 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 To of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. d THUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). m ta 29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed in c whole or in part byLoans or Grants from the United States- http://www.law.comell.edu/cfr/text/29/part-3 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.edukfr/text/29/part- 5 5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=23675 Y City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 23 Packet Pg. 1409 19 DA ley 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 N Development Block Grant Contracts. a cu 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 ca 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. Ta http://www.ncbi.nlm.nih.gov/pubmed/12289709 ° o.a 4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit requirements for Grants and Agreements. CO 4.20 Immigration Reform and Control Act of 1986 ^ http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html c CO 4.21 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_112part iii Collier County- http://bccsp0l/S iteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1% 20Standards%20of%20Conduct.pdf ai ca 4.22 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 v precedence over the agreement. To the extent any conflict in the terms of the Contract m Documents cannot be resolved by application of the Supplemental Conditions,if any, or the cu 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. E co City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 24 Packet Pg. 1410 16D6j ., 4.23 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 N Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). a) L t 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Q agreement to resolve disputes between the parties, the parties shall make a good faith effort to i resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or 0 mediation shall be attended by representatives of SUBRECIPIENT with full decision-making c authority and by COUNTY'S staff person who would make the presentation of any settlement o reached during negotiations to COUNTY for approval. Failing resolution, and prior to the re commencement of depositions in any litigation between the parties arising out of this agreement, 12 the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit 0 0 Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as 0 required hereunder,the other party may obtain a court order requiring mediation under§ 44.102, c Florida Statutes.The litigation arising out of this agreement shall be Collier County, Florida, if in To state court and the US District Court, Middle District of Florida, if in federal court. BY Q ENI'bRING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT o ct 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. a http://www.flsenate.gov/Laws/Statutes/2010/44.102 N , 4.25 The SUBRECIPIENT agrees to comply with the following requirements: c a. Clean Air Act,41 USC 7401,et seq.http://www.law.cornell.edu/uscode/text/42/7401 co b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 7o http://www.law.cornell.edu/uscode/text/33/chapter-26 m 0 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 N and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in To an area identified by FEMA as having special flood hazards, flood insurance under the National ai Flood Insurance Program is obtained and maintained. If appropriate,a letter of map amendment N (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the tn cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- cu idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 z 0 4:3.1.1.3.4.11.1.6&idno=24 U 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with m assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning L Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? o U c=ecfr&SID=eba40bdb52822d80827a48bced5bOb56&rgn=div8&view=text&node=24:3. c l.1.3.4.11.1.9&idno=24 a) E Q City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 25 Packet Pg. 1411 16.D 6 j 4.28 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 m Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/histoiy/local-law/nhpa 1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl/ecfrbrowse/Title36136cfr800 main 02.tpl aC 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 4.29 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 4.30 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 a 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 co 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.l.1.3.4.11.1.10&idno=24 c1' 4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.These requirements are enumerated in 2 CFR et seq. 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be submitted to the County nine (9)months after the end of the SUBRECIPIENT's fiscal m year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the , Subrecipients fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt v of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in d an audit after such closeout. Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost w certification of costs performed by a certified public accountant. This has always been an eligible 5 cost the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 26 • Packet Pg 1412 'I 6.0.64 ,F 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects N stated herein, and approved by the COUNTY in accordance with the Uniform Relocation as 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 °-' as 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 cD http://www.law.cornell.edu/cfr/text/49/24.101 0, http://cfr.vlex.com/vid/570-505-use-real-property-19928754 as 4.34 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. 2 http://www.lawserver.com/law/state/florida/statutes/florida statutes 287-133 - — 4.35 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, 03 to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of o 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 Tss 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 underso grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. U 4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem m rates in effect at the time of travel. L U 4.37 Any rule or regulation determined to be applicable by HUD. as 4.38 Florida Statutes 713.20,Part 1,Construction Liens -� ca City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 27 Packet Pg. 1413 1418.4.61# http://www.leg.state.fl.us/Statutes/index.cfm?App—mode=Display_Statute&URL=0700- 0799/0713/0713.html m 4.39 Florida Statutes 119.021 Records Retention http://wwwlawserver.com/law/state/florida/statutes/florida statutes 119-02116. 0) 4.40 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- c7 0199/0119/Sections/0119.07.html Q 01 (Signature Page to Follow) 0 0 L Q o.CO N I CO 7,0 G City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 28 Packet Pg:1414 16.1:1'..6.j IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized .4 c ; person or agent,hereunder set their hands and seals on the date first written above. E a) 6") ATTEST: BOARD OF COUNTY COMMISSIONERS OF c DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA ni By: aa) ,Deputy Clerk DONNA FIALA,CHAIRMAN : . c ce 12 Date: c 0 m CITY OF N ES,,A k PALITY w 0 Dated: /� �a (SEAL) By '�' := o 5 o . : 1 e :i` B', ett;s'ayor' ' e 0. City of Naples a cocm a. ATTEST: (�¢}m.e o,S le-, // It tf'_ '1_ r'tl PAT' CIA L. Otv1BOSK,CLERK Date: / e (' co cli ;I S ti eYn"1 '.ems" '' '1 tor ..:1 : lit�i.. 'l/ N Ri-1t.. m '^ p 11 'Date( "" .. .., ;,; '(,r v To ia,, L'0`t.,,"-,; E6<I.;)til -3 ''--s. ,.�.1.:,\t6, N N 0 Q to z w O Approved as to form and legality: Z. (U op p. Approved as to form and iegaiih► Jennifer A.Belpedioc� c6\ Q.-- m V Assistant County Attorney ®y � �`` Robert D.Pratt,City Attorney ci Date: r c a) E .c to 4a r City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 29 Packet Pg. 1415 16D61 4 a) E a) a) L 0) Ri ''L^^ C a) .Q U a) .0 4— O O L Q 0. N a0 O) F- O N T O N Ca 0 U N a) Ti cC Z 4- O U m v a) L L O (.) i.: c m ns City of Naples • CD 16-001 IDIS#536 City of Naples Sidewalk Improvements • Page 30 Packet Pg. 1416 I6A 61,; PART V EXHIBITS r C d EXHIBIT A INSURANCE REQUIREMENTS a ca The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division, t9 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing m insurance coverage that meets the requirements as outlined below: CG 1. Workers' Compensation as required by Chapter 440,Florida Statutes. cn 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: o N 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 v N i occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the t 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 (1) after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. 0 CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 -- 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: v 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. as City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 31 Packet Pg.1417, 16e0:64 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 ca Federal Emergency Management Agency (FIirMA) 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: m 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 11 U) 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 o as an additional insured with respect to this coverage. ra Q 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in 4 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. °D 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. r- T 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full r- ( replacement values of the structure(s)or the maximum amount of coverage available through the National Flood Insurance Program(NFIP).The policy must show Collier County as a Loss Payee A.T.LM.A. �a .a ?n N w a ca z 0 v -o d ♦0 V E 0 Cu .Id •F+ City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 32 ,Packet Pg; 1418 EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT E a) m SECTION I:REQUEST FOR PAYMENTcc Subrecipient Name: �? Subrecipient Address: Project Name: .Q Project No: Payment Request# Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through p SECTION II: STATUS OF FUNDS Grant Amount Awarded $ '� Sum of Past Claims Paid on this Account $ ° Total Grant Amount Awarded Less Sum of Past a I Claims paid on this Account $ a Amount of Previous Unpaid Requests $ Amount of Today's Request $ 10%Retainage Amount Withheld $ N Current Grant Balance (Initial Grant Amount ti Awarded Less Sum of all requests) $ N I certify that this request for payment has been made in accordance with the terms and conditions of the N Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and m belief,all grant requirements have been followed. N ca Signature Date -oa Title Authorizing Grant Coordinator Authorizing Grant Accountant z Supervisor Division Director (Approval required$15,000 and above) (Approval Required$15,000 and above) -o a) v ns City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Page 33 Packet Pg.,1419 4.. 16.DBj:`' EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA c � CD GENERAL (1) O L Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performanc Q r Reports. The County reports information on a quarterly basis.To facilitate in the preparation of such reports, Subrecipier shall submit the information contained herein within ten(10)days of the end of each calendar quarter. cL9 c QUARTERLY PROGRESS REPORT 'ii 3 a) Sub-recipients:Please fill in the following shaded areas of the report a7 Agency Name: City of Naples Date: 2 O Project Title: City of Naples Sidewalk Improvements > j o a Alternate Q' Program Contact: Greg Givens,Bids and Grant Coordinator Contact: Cecelia Varga N Co Telephone Number: (239)239-237-7101 "' Activity Reporting Period Report Due Date o October 1w-December 31M January 10th N January 31'r—March 31 th April 10t April 12I—June 301h July 10'h cN1 July 1I—September 30th October 10th CO U Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. in 1 P `kS d ��`wz.� 04*� • - ft � t2zs �, � c teyr � few:.- �� AG2x O I PleaseFy)pto -bC r 0011, MVA �a nrpr pro77111:141104 r �qeti1. tPili-oli- fi .k 4 A} g A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. co Outcome 1: Surveying and Project Design for the sidewalk project Outcome 2: Construction and related activities to include but not limited to sidewalks, mobilization, swale -a reclamation, irrigation and any contingencies. Outcome 3: Project complete and National Objective achieved and documented:.LMA • E v w City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Packet Pg '1420` 16.D.6 .Goal Progress:Indicate the progress to date in meeting each outcome goal. d E O a co is this pr ec ill ompliance with the ginal oject schedule? o lkan month 'behind schedule; 2. mustsubmit dew hrnai#ne for pprou i a> o. m ❑ ❑ N Yes No C3 = I If no,explain: p a O L 0. 0. Q 3. Since October 1,2016 of the persons assisted,how many i• a. ...now have new access(continuing)to this service or benefit? ti b. ...now has improved access to this service or benefit? N cc b. ...now has improved access to this service or benefit? 0 N c. ...now receive a service or benefit that is no longer substandard? 0 • 03 TOTAL: 0 V N Y_ am "4 Whatuding rcesare pp 1oxosperiogryeas• a - j Other Consolidated Plan Funds CDBG Other Federal Funds ESG0 11 State!Local Funds HOME U Total a) j Entitlement U ar Total Other Funds $ 0.00 Funds $ 0.00 C.) e ft I City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements • Packet Pg:1421 I6�D'6j. 5. Whatis the total ntarrlber of UNDUPLICATED clients served thisqu*ter,if applicable a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: Total No.of female head of household: 0 y L 6. Whatis the tont utt er of UA DUP ICATED ell s ed since October,if applicable a. Total No.of adult females served: 0 Total No.of females served under 18: 0 cc b. Total No.of adult males served: 0 Total No.of males served under 18: 0 c d TOTAL: 0 TOTAL: 0 Z c. Total No.of families served: 0 Total No.of female head of household: 0 tY Complete EITHER question#7 OR#8, Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 If any client in your program does not fall Into a Presumed Benefit category. 0 DO NOT COMPLETE BOTH QUESTION 7 AND B 7. ,i0RESUME 2 30401.A WDA 8 Tl B N I IAfkiP Tiii it!1:.. _M O , O Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category since October 1 who fall into each Income category(the total (the total should equal the total in question#6) should equal the total/n question#6) O REPORT AS: REPORT AS: O. O Abused Children Homeless 0 Extremely low Income(0-30%) 0 Parson Battered 0 Low income(31-50%) ty 00 O Battered Spouses 0 Moderate income(51-80%) O •t— • Persons Persons w/HIV/AIDS 0 Above Moderate Income(>80%) 0 Elderly Persons 0 Veterans O I 0 Chronically/Mentally Iii tO O Physically Disabled Adults o Other-Youth TOTAL: 0 TOTAL: 0 0 U N in Q O U as t.> ar : c. m to w r City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Packet Pg 1422i 16.D;61 EXHIBIT D v, 21 INCOME CERTIFICATION INSTRUCTIONS aEi Complete form,and retain appropriate supporting documentation,to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. c Effective Date: °' 0. A. Household Information Member Names—All Household Members Relationship Age 1 x 2 0 3 ra 4 2 Q. S 0. a 6 7 co r 8 N B. Assets:All Household Members,Including Minors c Member Asset Description Cash Value Income o from Assets N 1 2 3 4 m S :a rn 6 co d 7 a 8 0.00 z Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a)is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) 0 v c m E s U City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements Packet Pg. 1423 61)6j C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf of Minors Y Member Wages/ Benefits/ Public Other Salaries Pensions Assistance Income m L (include tips, Asset commissions, Income bonuses,and overtime) (Enter the 1 greater of 2 box B(b)or 3 box B(c), re above,in 4 box C(e) in 5 below) 6 7 8 To Totals (a) (b) (c) (d) (e) a. 0.00 0.00 0.00 0.00 a Enter total of items C(a)through C(e). 0.00 N 03 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum Z.;^ income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true N and complete to the best of my/our knowledge and belief and are given under penalty of tO perjurN y WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations v concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. in Signature of Head of Household Date Q ca Signature of Spouse or Co-Head of Household Date v ar Adult Household Member(if applicable) Date Adult Household Member(if applicable) Date .12 City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements I Packet Pg 1424'; 16.D.6I = E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: ❑ Very-Low Income (VLI)Household means and individual or family whose annual income does E not exceed 30 percent of the area median income as determined by the U.S. Department of m Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). L { ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). re re N ❑ Moderate Income(MOD)Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of x Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). �a o o. Based upon the (year) income limits for the Naples-Marco Island Metropolitan a Statistical Area(MSA)of Collier County,Florida. •• Signature of the CDBG Administrator or His/Her Designated Representative: c i-r v I ti Signature Date c N CO N Printed Name Title m F. Household Data Number of Persons By Race/Ethnicity By Age 3 Native American Hawaiian or Other 0— 26— 41— 'a Asian Black White62+ Indian Other Pac. 25 40 61 cn Islander co z Hispanic Non- V Hispanic a m NOTE:Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only.No beneficiary is required to give such information he or she desires to do so, and refusal V to give such information will not affect any right he or she has to the CDBG program. t. E cts O• f City of Naples CD 16-001 IDIS#536 • City of Naples Sidewalk Improvements I Packet Pg. 1425 16D6J EXHIBIT E ANNUAL AUDIT MONITORING REPORT r r as Circular 2 GFR 200 500:requires Collier County to monitor subrecipients.of federal awards. to:.determine. ii . subrecipierits are compliant with established. audit.requirements Accordingly, Collier County requires that all ;appropriate documentation is provided regarding your organizations compliance In determining Federal awards expended in a fiiscal year, the entity mus# consider'all sources of Federal awards c based on when the activity related to the federal:award occurs, includ�i g any Federal award provided'b,y Collier a. County the determination of amounts of Federalawards expended'shall be in accordance with guidelines established by OMIT Circular A 133 for fiscal years beginning before December 26;>2014L and established by 2 it CFR Part 200, Subpart F' Audit Requirements for fiscal'.years beginning on.or after December 26 201 [ T#is N form may be used to monitor l*lorida S hgle Audi#Act (Statute 215 97)requirements Subrecipiertt City of Naples Name o i Fi tat Date of Fiscal Year(MM/DD/YY) Last•Date'of Fiscal Year(MM/DD/YY) Total Federal Financia[Assistance Expended Total State Financia[Assistance expended during during most recently completed FIscal Year • #host recently completed Fiscal Year h; Check A. or B. Check C if applicable A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been 0 , met and a Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be N completed by . Copies of the audit report and management letter are attached or ;° will be provided within 30 days of completion. N i B. We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F because we: ra �] Did not exceed the expenditure threshold for the fiscal year indicated above H71D Are a for-profit organization Are exempt for other reasons—explain An audited financial statement is.attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit reports. While we understand z : that the audit report contains a written response to the finding(s),we are requesting an updated o status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. 6m-- implemented and when it was or will be implemented. Certification Statement ,I:he reb rtif o.v>e...`:.inom #i .' . . 0 Signature Date E Print Name and Title CC 06/15 City of Naples CD 16-001 IDIS#536 City of Naples Sidewalk Improvements I Packet Pg 1426 16D6*- FAIN# B-16-UC-12-0016 Federal Award Date Est. 10/2016 Federal Award Agency HUD CFDA Name Community Development Block Grant a=i CFDA/CSFA# 14.218 Total Amount of $150,000 m ay Federal Funds Awarded Subrecipient Name Oak Marsh LLC DUNS# 019726347 FEIN 26-4755786 R&D No a. Indirect Cost Rate No Period of Performance 10/01/2016-12/31/2017 rn Fiscal Year End 12/31 Monitor End: 3/2023 AGREEMENT BETWEEN COLLIER COUNTY AND OAK MARSH LLC N THIS AGREEMENT is made and entered into this_day of 20_, by and between co Collier County,a political subdivision of the State of Florida, (COUNTY'or"Granted)having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Oak Marsh, LLC (Subrecipient'), having its principal offices at Post Office Box 343529, Florida City,FL 33034, WHEREAS, the County has entered into an agreement with the United States Department of a Housing and Urban Development ([-IUD) for a grant for the execution and implementation of a iZ Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of J the Housing and Community Development Act of 1974(as amended);and —J u, WHEREAS,the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan—One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Program with Resolution 2016-147 on June 28, 2016—Agenda Item 11E; and 0 WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan -o concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on date May 20, 2016 with a 30 day Citizen Comment period from May 20, 2016 to June 20, c 2016;and V Y a) WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG Timber Ridge and Sanders Pines Rehabilitation Project; and Oak Marsh LLC CD16.002-IDIS#541 6 y1 Site Improvements Timber Ridge&Sanders Pines i,Packet Pg. 1427 :16a6k` NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: 1.13 PART I SCOPE OF WORK ifs) The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as L a condition of providing CDBG assistance as provided herein and, as determined by Collier County ( Community and Human Services (CHS)Division, perform the tasks necessary to conduct the program as follows: o' m Project Name: Site Improvements and Rehabilitation at Timber Ridge and Sanders Pines U Description of project and outcome: w 0 CHS as an administrator of the CDBG program will make available CDBG funds up to the gross To amount of$150,000 to Oak Marsh,LLC to be used for Site improvements and associated ° rehabilitation of Timber Ridge and Sanders Pines rental properties in Immokalee,FL. a. CON Activities may include but not be limited to site improvements with rehabilitation: costs cr,, associated with permits, bid advertisement, installation of lighting; rehabilitation of private v^ interior roadways and replacement of traffic signs inside the properties; installation and repair of driveways and sidewalks to reduce hazards and improve ADA access; installation of native E plantings, landscaping to include replacement of the community garden, replace sod in high traffic and child play areas, installation of entrance signage; and installation of additional a' Q handicap and regular parking, all of the above proposed tasks are based on amount of funding awarded and not a final and complete list of activities to be performed. The property will be deed restricted for five(5)years commencing on the date of initially meeting one of the National Objectives in accordance with 24 CFR 570.505. 1.1 SPECIAL GRANT CONDITIONS O A. Within thirty(30)calendar days of the execution of this agreement,the Subrecipient must c deliver to CHS for approval a detailed project schedule for the completion of the project. - B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty(30)days of award of this agreement: 0 ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy .c ns • Procurement Policy • Uniform Relocation Act Policy ® Sexual Harassment Policy Oak Marsh LLC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Packet Pg;1428 16.D 6k ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968,as amended(12U.S.C.794 1 u) ® Procedures for meeting the requirements set forth in Section 504 of the y Rehabilitation Act of 1973,as amended(29 U.S.C.794) 6 ® Fraud Policy E C. Environmental Review Requirement (ERR) -No program costs can be incurred until an rn environmental review of the proposed project is completed, and approved by HUD. a Further,the Subrecipient will not undertake any activity or commit any funds prior to the L HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under aa) a. this Agreement. .� C4 i 1.2 PROJECT DETAILS in C3 A. Project Description/Project Budget D 0 Description Federal Amount o Activities may include but not be limited to site improvements with rehabilitation: $150,000 a costs associated with permits,bid advertisement, installation of lighting;rehabilitation a of private interior roadways and replacement of traffic signs inside the properties; installation and repair of driveways and sidewalks to reduce hazards and improve CO ,---.. ADA access; installation of native plantings, landscaping to include replacement of the community garden,replace sod in high traffic and child play areas, installation of c entrance signage; and installation of additional handicap and regular parking,all of the w above proposed tasks are based on amount of funding awarded and not a final and a0i complete list of activities to be performed. Q Total Federal Funds: $150,000 5 iL v J J The Subrecipient will accomplish the following checked project tasks: H a) g ElPay all closing costs related to property conveyance 2 Al Maintain and provide to the County as requested beneficiary income certification O to documentation c ® Maintain National Objective Documentation c4 ® Provide Quarterly reports on National Objectives and project progress u ® Required attendance by a representative from executive management at quarterly °' partnership meetings,as requested by CHS. ti ® Provide monthly construction and rehabilitation progress reports until completion of c construction or rehabilitation. m E ® Identify Lead Project Manager u ® Provide Site Design and Specifications coQ ® Comply with Davis Bacon Labor Standards,if necessary El Provide certified payroll weekly throughout construction and rehabilitation,if necessary Oak Marsh LLC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Packet Pg. 1429 '16D6kk Comply with Uniform Relocation Act(URA),if necessary Ensure applicable numbers of units are Section 504/ADA accessible Ensure the applicable affordability period for the project is met as B. National Objective E ° a The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ❑ LMA—Low/Mod Area Benefit ❑ LMC—Low/Mod Clientele Benefit ® LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51% of the residents are LMI persons which by HUD determined eligible census tracts. Failure to achieve the national objective under this ra agreement will require repayment of the CDBG investment under this agreement. ° a LMC: Must document that at least 51% of persons served, are low to moderate income a households, in order to meet a CDBG National Objective. Failure to achieve the national o objective under this agreement will require repayment of the CDBG investment under this o> agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51% occupied by LMI households. Failure to achieve the national objective under a, this agreement will require repayment of the CDBG investment under this agreement. 73 LW:Must document job creation and retention LMI benefit national objective addresses ii activities designed to create or retain permanent jobs,at least 51% of which(computed on a full- —J time equivalent basis)will be made available to or held by LMI persons. Failure to achieve the —J national objective under this agreement will require repayment of the CDBG investment under y n this agreement. ca C. Performance Deliverables 0 co Program Deliverable Deliverable Supporting Submission Schedule Documentation 111 c.) Special Grant Condition Policies Policies as stated in this Within thirty(30)days of (Section 1.1) agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement 4-1 execution and Annually within thirty(30)days of renewal Detailed project Schedule Project Schedule Within thirty(30)days of agreement execution Project Plans and Specifications Site Plans and Specifications Prior to Construction Start Oak Marsh LLC CD16-002-IDI5#541 Site Improvements Timber Ridge&Sanders Pines Packet Pg. 1430 K. 16.116.k- , Submission of Progress Report Exhibit C Quarterly reports. Annually after closeout. Financial and Compliance Audit Exhibit E,and Audit Annually 9 months after FY end Tii until 2023 = a> Continued Use Certification Continued Use Affidavit,if Annually until 2023 m applicable L Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion a and Capital Reserve of rehabilitation and annually l thereafter until 2023 L Program Income Reuse Plan Plan Approved by the County Annually thereafter until 2023 = a) D. Payment Deliverables rx Payment Deliverable Payment Supporting Documentation Submission Schedule N Activities may include but not be Submission of supporting documents must Submission of o limited to site improvements such be provided as backup as evidenced by, monthly invoices m as: costs associated with permits, banking documents,completed AIA G702- 6 bid advertisement, installation• of 1992 form or equivalent document per Ta lighting; rehabilitation of private contractor's Schedule of Values and any o interior roadways and additional documents as needed. a replacement of traffic signs inside a the properties; installation and Exhibit B CNV repair of driveways and sidewalks °' to reduce hazards and improve — ADA access; installation of native C m plantings, landscaping to include m replacement of the community a� garden, replace sod in high traffic et and child play areas, installation 10%Retainage released upon clearance c of entrance signage; and ii installation of additional handicap from the Compliance Unit v and regular parking, all of the J J above tasks are proposed and C based on amount of funding awarded and not a final and complete list of activities to be o performed . to 0 N Failure on behalf of the subrecipient in achieving the National Objective under this agreement will require repayment of the CDBG investment. u F. L 0 13 PERIOD OF PERFORMANCE v u C a) Services of the Subrecipient shall start October 1,2016 and shall end on December 31,2017. s o as 1.4 AGREEMENT AMOUNT a The COUNTY agrees to make available One Hundred Fifty Thousand Dollars($150,000.00). Oak Marsh LIC CD16-002-IDIStt 541 Site Improvements Timber Ridge&Sanders Pines Packet Pg. 1431 �, For the use by the SUBRECIPIENT during the term of the agreement (hereinafter, shall be referred to as the"Funds"). 7 Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10%of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be made with Board approval. i 0 The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon aa) a. completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for re 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. v7 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 �a required. Explanations will be required if two consecutive months of$0 invoices are submitted. a Payments shall be made to the SUBRECIPIENT when requested as work progresses but,not a more frequently than once per month. Reimbursement will not occur if Subrecipient fails to csi perform the minimum level of service required by this agreement. a00, Final invoices are due no later than 90 days after the end of the agreement. Work performed ami during the term of the program but not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. ea The County Manager or designee may extend the term of this agreement for a period of up to 180 it days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. —'i ' L No payment will be made until approved by CHS for grant compliance and adherence to any and 2 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 0 ca as the"Local Government Prompt Payment Act." c N 1.5 COST PRINCIPLES m Payments to the Subrecipient are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section c (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR E 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide Oak Marsh LLC CD16-002-IDIStt 541 Site Improvements.Timber Ridge&Sanders Pines Packet Pg. 1432- 16.D.6.k adequate documentation for validating costs incurred.Payments to Subrecipient's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in L this agreement. c E. 1.6 NOTICES m Notices required by this agreement shall be in writing and delivered via mail(postage prepaid), y commercial courier,personal delivery,or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and other written communications under this agreement shall be addressed to the individuals in the o capacities indicated below,unless otherwise modified by subsequent written notice. 0 a. a. N CO COLLIER COUNTY ATTENTION:Rosa Munoz,Grant Coordinator 3339 E Tamiami Trail,Suite 211 Naples,Florida 34112 E Email: RosaMunoz@colliergov.net Telephone:(239)252-5713 a SUBRECIPIENT ATTENTION: Steve Kirk,President LL Oak Marsh,LLC P.O.Box 343529 —J Florida City,FL 33034 -� N mai Ito:mailtokirknet a,yahoo.com Telephone: 305-242-2142 2 ca 0 co 0 N a) L 0 C.) c m E v Q /—•, Oak Marsh LLC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Packet Pg 1433 16.D.6.k; PART II GRANT CONTROL REQUIREMENTS � 2.1 AUDITS m At any time during normal business hours and as often as the COUNTY (and/or its `t 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. a=i a Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may o result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient o audits. Ta 0 L n. The determination of amounts of Federal awards expended shall be in accordance with guidelines a established by 2 CFR Part 200, Subpart F-Audit Requirements. co 2.2 RECORDS AND DOCUMENTATION ^l The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to determine compliance with the requirements of this agreement, the CDBG Program and all other ca applicable laws and regulations. This documentation shall include, but not be limited to, the a following: ii A. All records required by CDBG regulations. —i N B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily c0 2 would be required by COUNTY in order to perform the service. 0 co C. All reports, plans, surveys, information, documents,maps, books, records and other data Procedures developed, prepared, assembled, or completed by the Subrecipient for the a purpose of this agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS.Materials identified in the previous sentence shall be in accordance with generally accepted accounting v principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this agreement, E 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, Q Oak Marsh LLC CD16-002-!DISH 541 Site Improvements Timber Ridge&Sanders Pines Page 8 Packet Pg.1434 16.D.6 k: materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this agreement. I iii D. Upon completion of all work contemplated under this agreement copies of all documents aci and records relating to this agreement shall be surrendered to CHS if requested. In any d event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in rn a readily accessible, permanent and secured location for five (5) years after the date of 4 submission of the annual performance and evaluation report, as prescribed in 2 CFR 2 200.333 with the following exception: if any litigation, claim or audit is started before 0 the expiration date of the five (5) year period, the records will be maintained until all aa) litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this agreement et of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all N requirements for retaining public records and transfer, at no cost,to COUNTY all public p 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 o public records disclosure requirements. All records stored electronically must be Ts provided to the COUNTY in a format that is compatible with the information technology a systems of the public agency. Q' Q N E. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon a Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records E showing contractor compliance with the Contract Work Hours and Work Safety Law. m Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal a purchasing requirements and with other federal requirements for grant implementation. To c F. The SUBRECIPIENT will be responsible for the creation and maintenance of income J eligible files on clients served and documentation that all households are eligible under -J HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter .. L on the SUBRECIPIENT's compliance. o .. al G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 0 co 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 -a appropriate determinations as defined in 24 CFR 570.208, income certification, and 2 written agreements with beneficiaries,where applicable. o U H. SUBRECIPIENT shall provide the public with access to public records on the same d terms and conditions that the public agency would provide the records and at a cost that E 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 Q Oak Marsh LIC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Page 9 Packet Pg. 1435 16.D.6.k_'' exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING a) During the term, SUBRECIPIENT shall submit an annual audit monitoring report and an (Exhibit E) to the COUNTY no later nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal L year end.The COUNTY will conduct an annual financial and programmatic review. c � a) The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, re 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 o the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. Q. a The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as ami determined by the COUNTY will constitute noncompliance with this agreement. If corrective d L action isnot taken by the SUBRECIPIENT within a reasonable period of time after being notified a: by the COUNTY, contract suspension or termination procedures will be initiated. `t a SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General ii Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE Y f{T SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient 0 to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this c Agreement and to provide for the proper and effective management of all Program and fiscal -a activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily L available for monitoring by COUNTY. v c SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. .12 SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent waste,fraud and abuse. Oak Marsh LLC CD16-002-!DISH 541 Site Improvements Timber Ridge&Sanders Pines Page 10 Packet Pg. 1436 16 D6 k SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority,if the report is made in good faith. 2.5 CORRECTIVE ACTION L En 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. a> In order to effectively enforce Resolution No. 2013-228,Community and Human Services(CHS) 61 has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers,or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as y follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the c entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. a a • Any pay requests that have been submitted to the Division for payment will N be held until the corrective action plan has been submitted. • CHS 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 Division, the Division may require a portion of the awarded grant amount be returned to the Division. C -J • The County may require upwards of five percent(5%) of the award amount• be returned to the Division, at the discretion of the Board of County 2 Commissioners. a 0 cn • The entity may be considered in violation of Resolution No.2013-228 N 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats m an issue that was previously corrected,and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a U portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,be returned to the Division. Oak Marsh LI-C CD16-002-IDIS#541 Site Improvements limber Ridge&Sanders Pines Page 11 Packet Pg. 1437 1'16 D.6.k • The Division may require upwards of ten percent(10%)of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. rn r c m • The entity will be considered hi violation of Resolution No.2013-228 rn 4. If in the case after repeated notification the Entity continues to be substantially a c non- compliant, the Division may recommend the contract or award be terminated. • The Division 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 N that was terminated.This includes the amount invested by the County for the initial acquisition of the properties or other activities. 0 • The entity will be considered in violation of Resolution No.2013-228 c If in the case the Entity has multiple agreements with the Division and is found to be non- Q compliant,the above sanctions may be imposed across all awards at the BCC's discretion. co os � 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports ai required by this agreement, and on the resolution of monitoring fmdings identified pursuant to this agreement as deemed necessary by the County Manager or designee. _ ii During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the ca 10th day of January,April,July and October respectively for the prior quarter period end, As part -' of the report submitted in October,the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and 2 including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C".Exhibit"C"contains an example reporting form to be used ,moo in fulfillment of this requirement. Other reporting requirements may be required by the County co Manager or designee in the event of Program changes; the need for additional information or -aai 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. U ai a) Oak Marsh LLC CD1&-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Page 12 Packet Pg. 1438 16.D6k, PART III TERMS AND CONDITIONS � r 3.1 SUBCONTRACTS E as 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. t9 3.2 GENERAL COMPLIANCE .Q 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 c 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 and (3) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS a revenue generated is not considered program income. The CDBG program was funded through a the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees tooo 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. a) 3.3 INDEPENDENT CONTRACTOR ea Nothing contained in this agreement is intended to, or shall be construed in any manner, as LL creating or establishing the relationship of employer/employee between the parties. The o 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. O m 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this agreement at any time provided that suchCJ 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 V body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or m SUBRECIPIENT from its obligations under this agreement. s ca 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 Oak Marsh LLC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Page 13 Packet Pg. 1439 16.D 6 k: such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement,such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 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 !F. 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 d 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 p 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. c. o. 3.6 INDEMNIFICATION P; 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, E damages, losses, costs, and causes of action which may arise out of an act, omission, including, d 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 ii any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the J performance of this agreement. This indemnification obligation shall not be construed to negate, -r abridge or reduce any other rights or remedies which otherwise may be available to an L 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 0 co which may issue there-on.This Indemnification shall survive the termination and/or expiration of this agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 76828, Florida Statutes. This Section shall 0 survive the expiration of termination of this agreement. v m 3.7 GRANTEE RECOGNITION/SPONSORSHIPS E The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar Oak Marsh LIC CO16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Page 14 Packet Pg. 1440 16.13.6.1t- public 6 D.6kpublic notices prepared and released by the SUBRECIPIENT for, on behalf of,and/or about the Program shall include the statement: rn "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION co In accordance with 2 CFR 200.339, 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 To portion to be terminated. However, if in the case of a partial termination,the Grantee determined a 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. CO rn The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: a) A. Failure to comply with any of the rules, regulations or provisions referred to herein, or Q such statutes,regulations, executive orders,and HUD guidelines,policies or directives as may become applicable at any time; ii U J B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; 2 C. Ineffective or improper use of funds provided under this agreement;or 0 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; o F. Failure to materially comply with any terms of this agreement;and d E G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. Oak Marsh LLC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Page 15 Packet Pg. 1441 1.6D6k ' 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: N r A. Require specific performance of the agreement, in whole or in part; d E B. Require the use of or change in professional property management; as C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this agreement; ? c m D. Apply sanctions if determined by the County to be applicable; o m E. Stop all payments until identified deficiencies are corrected; 6 coF. 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 To payment or claim of benefit for any incomplete project activities undertaken under this a agreement. N 3.9 REVERSION OF ASSETS w In the event of a termination of this agreement and in addition to any and all other remedies available to the COUNTY (whether under this agreement or at law or in equity) the 0.) SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of a, termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). ii The COUNTY's receipt of any funds on hand at the time of termination shall not waive the -moi COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the N funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(6)(7). 0 co 3.10 INSURANCE c N 111 SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried,at all times during its performance. c) c as 3.11 ADMINISTRATIVE REQUIREMENTS 1,1 The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work(Part I), the Uniform Administrative Requirements, Cost Principles and Oak Marsh LLC CD16-002-!DISH 541 Site Improvements Timber Ridge&Sanders Pines Page 16 Packet Pg. 1442 16,D.6.k 1 Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Community Development Block Grants(24 CFR 570 et seq.). n 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through .326)and Collier County's purchasing thresholds. L Range: Competition Required O g c $0-$3,000 1 Written Quote $3,000-$10,000 3 Written Quotes $10,000-$50,000 3 Written Quotes $S0,000+ Bids,Proposals,Contracts(ITB,RFP,etc) co 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 contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records o. o. Q. and documents related to the project. N I 0o rn 3.13 PROGRAM GENERATED INCOME E Program Income is anticipated. In the event there is Program Income derived from the use of i CDBG funds disbursed under this agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the Community Development Grant Program. Any "Program c Income" (as such term is defined under applicable Federal regulations) gained from any activity �'- of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan,utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program,for further reallocation. `O O m a 3.14 GRANT CLOSEOUT PROCEDURES .w SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The Subrecipient may close out the project with the County after the year U affordability period has been met, if applicable. 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 Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes `t regarding records maintenance, preservation and retention. A conflict between state and federal Oak Marsh LLC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Page 17 Packet Pg. 1443 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 L complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in a, accordance with 2 CFR 200.343. ca 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE a. 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 0,' 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. 0 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 o. concerns located in or owned in substantial part by persons residing in the project areas shall be a awarded contracts in connection with the project. The SUBRECIPIENT shall comply withCO Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES m a The SUBRECIPIENT will use its best efforts to afford small businesses, minority business 7a- enterprises,and women's business enterprises the maximum practicable opportunity to participate LL in the performance of this contract. As used in this contract, the terms"small business" means a J 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 L (51)percent owned and controlled by minority group members or women.For the purpose of this 2 definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed as or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT O to may rely on written representations by businesses regarding their status as minority and female 0 business enterprises in lieu of an independent investigation. -a 3.17 PROGRAM BENEFICIARIES 0 U At least fifty-one percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate- income persons or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMIco strategy. 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 Oak Marsh LLC CD16-002-IDIS#541 Site improvements Timber Ridge&Sanders Pines Page 18 Packet Pg.1444 316.D6kl- 1 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 tune period designated in Exhibit"C"of this agreement. 3.18 AFFIRMATIVE ACTION E am The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's a specifications an Affirmative Action Program in keeping with the principles as provided in L 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 m program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for •5 approval prior to the award of funds. The Affirmative Action will need to be updated throughout re the five year period and must be submitted to County within 30 days of update/modification. c co0 3.19 CONFLICT OF INTEREST z o The SUBRECIPIENT covenants that no person under its employ who presently exercises any cli functions or responsibilities in connection with the Project, has any personal financial interest, a direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner a or degree with the performance of this agreement and that no person having any conflict of N interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT c00, covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations,ordinance or resolutions governing E conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its m employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be 8 interpreted in such a manner so as not to unreasonably impede the statutory requirement thatra maximum opportunity be provided for employment of and participation of low and moderateiZ - income residents of the project target area. o The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to N i entering into any contract with an entity owned in whole or in part by a covered person or an as entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may ca review the proposed contract to ensure that the contractor is qualified and that the costs are 0 co reasonable.Approval of an identity of interest contract will be in the COUNTY's sole discretion. c This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided,however,that this paragraph shall be L interpreted in such a manner so an not to unreasonably impede the statutory requirement that ci maximum opportunity be provided for employment of and participation of low and moderate m income residents of the project target area. = a ca 3.20 RELIGIOUS ORGANIZATIONS a Oak Marsh LLC CD16-002-(DISH 541 Site Improvements Timber Ridge&Sanders Pines Page 19 Packet Pg-X1445 46rt?6 kms: 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: r 0 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 a, the basis of religion. 2 B. It will not discriminate against any person applying for public services on the basis of O religion and will not limit such services or give preference to persons on the basis of ai religion. � t C. It will retain its independence from Federal, State and local governments and may N 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 a to the extent that those structures are used for inherently religious activities. Where a a structure is used for both eligible and inherently religious activities, CDBG funds may00 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 m ineligible for CDBG funded improvements. a 3.21 INCIDENT REPORTING ii J If services to clients are to be provided under this agreement, the subrecipient and any —J subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation L of a child,aged person,or disabled adult to the County. as as3.22 SEVERABILITY O co 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. L L O U C m v cC Oak Marsh LLC CD16-002-ID1S#541 Site Improvements Timber Ridge&Sanders Pines Page 20 Packet Pg. 1446, 16D6.k I r-� PART IV GENERAL PROVISIONS U, r 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program E http://www.law.cornell.edu/cfr/text/24/part-570 °' L Q 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=lecfrbrowse/Tit1e24/24efr58_main 02.tpl 2 0 c 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of a 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal_opp/FH w .6 Laws/109 Cl) o D 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 o E.O. 11063 --- Equal Opportunity in Housing > http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair 0 housing equal_opp/FH a Laws/EXO11063 Q.a E.O. 11259 - Leadership & Coordination sof Fair Housing in Federal Programs C;; ao http://www.archives.gov/federal-register/codification/executive-order/12259.hhnl o �~ 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. +; 16p6k=' • 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 a 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 SUBR.ECIPIENT's Sub-recipients and c subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the .Q SUBRECIP1ENT 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 y 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: L "The work to be performed under this agreement is a project assisted under a program providing Q direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of r 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." c it 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 g project is located; where feasible, priority should be given to low- and very low-income persons o within the service area of the project or the neighborhood in which the project is located, and to ca low- and very low- income participants in other HUD programs; and award contracts for work N undertaken.in connection with a housing rehabilitation (including reduction and abatement of m 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, V 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. Oak Marsh LLC C016-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Page 22 Packet Pg. 1448, '46.a,61 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 ins c a> 4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended o by Executive Orders 11375, 11478, 12107 and 12086. 6 a 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 12 LI pp/FHLaws/EXO11063 a 11246:http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html °—' .Q 11375:Amended by EO 11478 11478:http://www.archives.gov/federal-register/codification/executive-order/11478.html i 12107:http://www.archives.gov/federal-register/codification/executive-order/12107.html y 12086:http://www.archives.gov/federal-register/codification/executive-order/12086.html x 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. 46- http://usaceengineeringp amplets2.tp ub.com/EP-1180-1-1/EP-1180-1-10012.htm a L o. o. 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K. a Section 504: http://www.epa.gov/civilrights/sec504.btm CO 29 USC 776: http://law.onecle.com/uscode/29/776.html °' 24 CFR 570.614: http://www.law.comell.edu/cfr/text/24/570.614 a a) 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm alai L a) a 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. �a http://www.fhwa.dot.gov/realestate/ua/index.htmiZ a (..) J 4.15 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use —J of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. i HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC co 276a and 24 CFR 135.11(c). 0 to 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in N whole or in part byLoans or Grants from the United States- a http://www.law.coinell.eduIefr/text/29/part-3 L 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally 2 Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to ca the Contract Work Hours and Safety Standards Act) http://www.law.coinell.edu/cfr/text/29/partil - 5 .o Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federallyas assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=23675 a Oak Marsh LLC CD16-002-IDISUE 541 Site Improvements Timber Ridge&Sanders Pines Page 23 Packet Pg. 1449 , --021-fr j 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 E program for minority business enterprise http://www.mbda.gov/node/333 ai HUD Circular Letter 79-45 a c 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, a c as revised by Executive Order 13279. The applicable non-discrimination m o. provisions in Section 109 of the HCDA are still applicable. '_ m 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- IY lz vol3-sec570-608.pdf ' N E.O. 13279:http://fedgovcontracts.com/pe02-192.htm x w 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. c http://www.ncbi.nhn.nih.gov/pubmed/12289709 c 0. 4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit a 1 requirements for Grants and Agreements. w CO 4.20 Immigration Reform and Control Act of 1986 ..^ c http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html d E m CD I- 4.21 4.21 Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, Q either directly or indirectly,any favor,gift,loan,fee,service or other item of value to any County ris 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- t..) —1 http://www.lawserver.com/law/state/florida/statutes/flotida statutes chapter_I I2_part iii Collier '' County- http://bccsp0l/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1% 2 20Standards%20of%20Conduct.pdfco 0 to 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the N Contract Documents,the terms of the agreement shall take precedence over the terms of all otheras Contract Documents, except the terms of any Supplemental Conditions shall take d precedence over the agreement. To the extent any conflict in the terms of the Contract c Documents cannot be resolved by application of the Supplemental Conditions, if any,or the v agreement, the conflict shall be resolved by imposing the more strict or costly obligation under ami the Contract Documents upon the Contractor at Owner's discretion. 0 ca a Oak Marsh RC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Page 24 Packet Pg�14 50 18D6.k`i: 1 r� 4.23 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 c required for this item). E a) a► 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this a agreement to resolve disputes between the parties, the parties shall make a good faith effort to c 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 a reached during negotiations to COUNTY for approval. Failing resolution, and prior to the 0 commencement of depositions in any litigation between the parties arising out of this agreement, re the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit in 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, x Florida Statutes.The litigation arising out of this agreement shall be Collier County,Florida,if in o state court and the US District Court, Middle District of Florida, if in federal court. BY o ENTERING INTO THIS AGREEMENT, COLT.TFR COUNTY AND THE SUBRECIPIENT a EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY Q OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. co http://www.flsenate.gov/Laws/Statutes/2010/44.102 °' r c 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a) E a. Clean Air Act,41 USC 7401,et seq.http://www.law.cornell.edu/uscode/text/42/7401 ai b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. Q http://www.law.cornell.edu/uscode/text/33/chapter-26 a c LL 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 J and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in —I an area identified by FEMA as having special flood hazards,flood insurance under the National L Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment 2 (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the O cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- 0 idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 N 4:3.1.1.3.4.11.1.6&idno=24 -o d a) 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with o assistance•provided under this contract shall be subject to HUD Lead- Based Paint Poisoning 0 Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? m c=ecfr&STD=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. E 1.1.3.4.11.1.9&idno=24 2 4 i Oak Marsh LIC 0016-002-IDIS#541 Site improvements Timber Ridge&Sanders Pines Page 25 Packet Pg.„1451: 6.D6k 4.28 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 I set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for r Protection of Historic Properties, insofar as they apply to the performance of this agreement. E http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl—/ecfrbrowse/Title36/36cfr800_main_02.tpl Q In general, this requires concurrence from the State Historic Preservation Officer for all c rehabilitation and demolition of historic properties that are fifty years old or older or that are m included on a federal, state or local historic property list. http://www.nps.gov/history/Iocal- law/nhpal966.htm 2 ES a> 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with re the Drug-Free Workplace Act of 1988(41 USC 701). ' 0 http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 x 4.30 The SUBRECIPIENT certifies that neither it,nor its principals, is presently debarred, suspended, o proposed for debarment, declared ineligible, or voluntarily excluded from participation in this c transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not a knowingly enter into any lower tier contract, or other covered transaction, with a person who is a similarly debarred or suspended from participating in this covered transaction as outlined in 24 csi oo CFR 570.609, Subpart K. http://www.ecfr.gov/cgi-bin/text- .../--", idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 d E 4:3.1.1.3.4.11.1.10&idno=24 a) ar 4 4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is a = applicable, and agrees to adhere to the accounting principles and procedures required therein, ii utilize adequate internal controls, and maintain necessary source documentation for all costs J incurred.These requirements are enumerated in 2 CFR et seq. 'r Z U) RI- 4.32 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be E submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal 0 year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 co Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit N financial statements to the COUNTY one hundred eighty (180) days after the end of the 43 Subrecipients fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt m of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in c an audit after such closeout. V c a) Clarification of Eligible Audit Costs E The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost o certification of costs performed by a certified public accountant. This has always been an eligible 4 cost;the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 Oak Marsh LLC CD16-002-!DISH 541 Site Improvements Timber Ridge&Sanders Pines Page 26 Packet Pga„1452 1 I6.D-6 k 4.33 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 c Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be d E subject to the provisions of CDBG including, but not limited to, the provisions on use and 4e disposition of property. Any real property within the SUBRECIPIENT control, which is c acquired or improved in whole or part with CDBG funds in excess of$25,000,must adhere to the = as CDBG Regulations at 24 CFR 570.505. http://www.fiwa.dot.gov/realestate/ua/index.htm http://www.law.cornell.edu/cfr/textl49/24.101 c http://cfr.vlex.com/vid/570-505-use-real-property-19928754 a '3 m CC , 4.34 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, in 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 = 4- within within the 36 months immediately preceding the date hereof. o rci This notice is required by§287.133 (3)(a),Florida Statutes. c http://www.lawserver.com/law/state/florida/statates/florida statutes 287-133 a a 4.35 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, CV ^, to any person for influencing or attempting to influence an officer or employee of any agency, a w Member of Congress, an officer or employee of Congress, or an employee of a Member of c Congress in connection with the awarding of any Federal contract, the making of any Federal E grant, the making of any Federal loan, the entering into of any cooperative agreement, and the m extension, continuation, renewal, amendment, or modification of any Federal contract, grant, a loan,or cooperative agreement.If any funds other than Federal appropriated funds have been paid c or will be paid to any person for influencing or attempting to influence an officer or employee of ii any agency, a Member of Congress, an officer or employee of Congress, or an employee of a J Member of Congress in connection with this Federal contract, grant, loan, or cooperative s agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to 0) Report Lobbying," in accordance with its instructions. 2 The undersigned shall require that the language of this certification be included in the award 0 documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under OD grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and c N disclose accordingly. e u E.D. 4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. v 4.37 Any rule or regulation determined to be applicable by HUD. E 03 Z 4.38 Florida Statutes 713.20,Part 1,Construction Liens a Oak Marsh LLC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Page 27 Packet Pg. 1453, 416DS6k=�_, http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- 0799/0713/0713.html 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/floiida/statutes/florida statutes_119-021 _ Q 4.40 Florida Statutes, 119.071,Contracts and Public Records c http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- C9 0199/0119/Sections/0119.07.html c a) .61 0 a) (Signature Page to Follow) in 0 Z o 7a 0 L 0. a N CO r. a) E a) i ) i- J J 5 CC 0 Co 0 N d V a) L L O U C a) E u Oak Marsh LIC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Page 28 Packet Pg. 1454 lualcIpaN-qnS anHo lenoiddv Z86I,) luaweedBy leuLd 311 `LisaelNo 9I•OZ pepe.uo3 :lueumpeny it") to to IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E.BROCK,CLBRI( COLLIER COUNTY,FLORIDA By: ,Deputy Clerk DONNA FIALA,CHAIRMAN Date: Oak Marsh,LLC Dated: (SEAL) By: „Alost Steve I rest' Date: 94./41;17,4 Approved as to form and legality: Jennifer A.Belpedio Assistant County Attorney C\\* Date: 1 Oak Marsh LIC C016-002-iDiSii 541 Site improvements Timber Ridge 84 Sanders Pines Page 2S , -'16f D6 k PART V EXHIBITS EXHIBIT A E a) a) INSURANCE REQUIREMENTS a c The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division, h 0 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing c insurance coverage that meets the requirements as outlined below: m .Q m 1. Workers' Compensation as required by Chapter 440,Florida Statutes. It w c cn 2. Commercial General Liability including products and completed operations insurance in the G m 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. o m > 0 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in o. connection with this contract in an amount not less than $1,000,000 combined single limit a for combined Bodily Injury and Property Damage.Collier County shall be named as an additional csi00 insured. a) r'^ c DESIGN STAGE(IF APPLICABLE) E In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as i follows: a Ta 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design ii 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 ...1 design professional.shall become legally obligated to pay as damages for claims arising out of the 0 services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in 2 connection with this contract. This insurance shall be maintained for a period of two (2) years 0 after the certificate of Occupancy is issued. Collier County shall be named as an additional co insured. N v m w CONSTRUCTION PHASE(IF APPLICABLE) aa) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its c Subcontractors to provide original certificates indicating the following types of insurance coverage prior v to any construction: E s 5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one IS hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall a be in the name of Collier County and the SUBRECIPIENT. n Oak Marsh LIC CD16-002-IDES#541 Site improvements Timber Ridge&Sanders Pines Page 30 Packet Pg 1456 16:13.6:k 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 c 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). `as OPERATION/MANAGEMENT PHASE(IF APPLICABLE) CD- 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: : . w 7. Workers' Compensation as required by Chapter 440,Florida Statutes. ° cn 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 i as an additional insured with respect to this coverage. ° 7a 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. cv 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. L 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 it National Flood Insurance Program(NFIP).The policy must show Collier County as a Loss Payee A.T.I.M.A. .� fn 2 0 co O d C1 Q1 L 0 U Y _ G V Oak Marsh LLC CO16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Page 31 Packet Pg 1457 416 D,6.kt' I EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT c a) E m a> L SECTION I:REQUEST FOR PAYMENT Q w. ca Subrecipient Name: Oak Marsh,LLC 6 Subrecipient Address:P.O.Box 343529,Florida City,FL 33034 .Q Project Name: Site Improvements Rehabilitation Project '� Project No: CD 16-002 I151S#541 Payment Request II ce Total Payment Minus Retainage cn 0 Period of Availability: through . _ Period for which the Agency has incurred the indebtedness through 6. a 0 L SECTION II: STATUS OF FUNDS a Grant Amount Awarded $ a N Sum of Past Claims Paid on this Account $ co Total Grant Amount Awarded Less Sum of Past �^ Claims paid on this Account $ m Amount of Previous Unpaid Requests $ E L Amount of Today's Request $ Q 10%Retainage Amount Withheld $ _ iL Current Grant Balance (Initial Grant Amount $ J Awarded Less Sum of all requests) -J Z v, I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and as belief,all grant requirements have been followed. O to a N Signature Date i a) L Title ° U Authorizing Grant Coordinator Authorizing Grant Accountant a) E Supervisor Division Directorns (Approval required$15,000 and above) (Approval Required$15,000 and above) ct Oak Marsh LIC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Page 32 Packet Pg. 1-468" 16D6k- EXHIBIT"C" QUARTERLY PERFORMANCE REPORT DATA GENERAL L Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance '46 Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipien L shall submit the information contained herein within ten(10)days of the end of each calendar quarter. at i QUARTERLY PROGRESS REPORT Sub-recipients:Please fill in the following shaded areas of the report or Agency Name: Oak Marsh,LLC Date: S 0 Project Title: Site Improvements Rehabilitation Project To' C L Q Q Alternate Program Contact: Steve Kirk,President Contact: Dottie Cook csi co o) elephone Number: (305)242-2142 +� C a) E Activity Reporting Period Report Due Date d October 1s'-December3f' January 10th a) January 31s1—March 31st April 101° 4 April 1st—June 30th July 10th July 1st—September 30th October 10th �- U J J Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. L Pleaselist the otttcome 9 t(s from.?ouur roved application sub-recipient agree tenttand indicate rou#r progress 1n m n9 iii of e a re m 1. t io a gnati>#i es ?+� ,pf � t s co A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. N a> a) Outcome 1: Completion of site improvements and rehabilitation of Timber Ridge and Sanders Pine and deed. E Outcome 2: Documentation of national objective achievement: LMH/LMI; Timber Ridge must be documented that at 5 least 51% of the households are LMI households in order to meet the CDBG National Objective. For Sanders Pines . 100%of the units must be low to moderate income(LMI)households. � II B.Goal Progress:Indicate the progress to date in meeting each outcome goal. Oak Marsh LLC CD16-002-[DIS#541 Site Improvements Timber Ridge&Sanders Pines Packet Pg.,1459 1 6.`C16 k e'" a) E m a� L ro co cewi ► eon r� 1 p#� 4:60.0„141, etlfmor han i� ;ind sc. dul t13r5 pr��e4#�tLil�n 01��0 � � � is 2. =tirrm+el#ne for-approva. e �1a1l1t��r�AtAr M1 4.(1) ❑ ❑ Yes No C it If no,explain: in 2 ' O > 3. SInce October 4,2016,of the persons assisted,how many 2 sz a. now have new access(continuing)to this service or benefit? 0 N op co b. ...now has improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 a) TOTAL: 0 4. Wh o-o ng sources' 're plied for hIs period!p ram years e d S - ' f j. , ._ Other Consolidated Plan Funds CDBG --r Other Federal Funds ESG 2 State/Local Funds HOME Y ca Total O Entitlement Total Other Funds $ 0.00 Funds $ 0.00 • O V d L O • U a) E cs ca Oak Marsh LLC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines PaC[Cet P�r 146U 16D.6kt` 5. What s the total number of UNDUPLICATED dli:erlts served this quarter,tf app4dable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: Total No.of female head of household: 0 c at 6. What:is the otal number of UNDUPLICATED clients serried sh,cwoetdber,Ifipplicable? E a. Total No.of adult females served: 0 Total No.of females served under 18: 0 C) Q w b. Total No.of adult males served: 0 Total No.of males served under 18: 0 = i t9 0TOTAL: 0 TOTAL: E c. Total No.of families served: 0 Total No.of female head of household: 0 'Q. v Complete ETHER question#7 OR#8. Complete question#Z if your program only serves clients In one or more of the listed HUD Presumed Benefit categories. Complete question;'{8 if any client in your program does not fall Into a Presumed Benefit category. re DO NOT COMPLETE BOTH QUESTION 7 AND B +� 7. PRUMEP: ENII~)./U,Y 1f;ATA, - & IcM038efgLIMt3ATnONPQizANcKgnid g indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served = since October 1 who fall into each presumed benefit category since October 1 who fall Into each income category(the total C (the tote/should equal the tote!in question#6) should equal the total in question 16) REPORT AS: REPORT AS: 70 O Abused Children Homeless 0 Extremely low Income(0-30%) 2 Q. O Person Battered 0 Low Income(31-50%) Q o Battered Spouses 0 Moderate income(51-80%) O Persons wIHNMAIDS 0 Above Moderate Income(>80%) N 00 0) O Elderly Persons S O Veterans C o Chronically/Mentally III Q o Physically Disabled Adults a) a) o Other-Youth 8) 4 TOTAL: o TOTAL: p C .u1LL 9. tal& 11)2 oeta-= (if applicable) V Please indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please J indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell). RACE ETHNICITY - t0 White o ;of whom,how many are Hispanic? 0 Rr Black/African American 0 ;of whom,how many are Hispanic? . 0 2 Asian 0 ;of whom,how many are Hispanic? 0 t4 0 American Indian/Alaska Native 0 ;of whom,how many are Hispanic? 0 CO I Native Hawaiian/Other Pacific Islander 0 ;of whom,how many are Hispanic? 0 0 N American Indian/Alaskan Native&white 0 ;of whom,how many are Hispanic? 0 t Black/African American&White 0 ;of whom,how many ere Hispanic? 0 d Am.Indian/Alaska Native&Black/African Am. 0 ;of whom,how many are Hispanic? 0 C Other Multi-racial 0 ;of whom,how many are Hispanic? 0 V TOTAL: p TOTAL:HISPANIC o = a) Name: Signature: E Your Typed name here represents your electronic signature tQ Title: - Q Oak Marsh LIC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Packet Pg 1 461 16.D.6.k EXHIBIT D INCOME CERTIFICATION N INSTRUCTIONS c a) E Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for a future monitoring visits. _ ca L Effective Date: c a) Q A. Household Information '5 a> re Member Names-All Household Members Relationship Age 12 1. 0 2 = 3o 4 To> 0 L 5 a 6 aa 7 N a0 8 0l r, a B. Assets:Ail Household Members,Including Minors d E a) ao Member Asset Description Cash Value Income c from Assets 1c ii 2 3 -I 4 N 5 Ai 2 6 as 7 0 co 8 0.00 o N _■ Total Cash Value of Assets B(a) 0.00as Total Income from Assets B(b) 0.00 m If line B(a) is greater than$5,000, multiply that amount by the rate o specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise 0 leave blank. Bic) c 0 E o .LS Zi Oak Marsh LLC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines `,Packet Pg 1462 16D.6.k ` C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf of Minors I Member Wages/ Benefits Public Other E Salaries / Assistance Income E (include tips, Pensions Asset a, commissions, Income c bonuses,and ;° overtime) (Enter the O greater of 6 1 box B(b)or 2 box B(c), 3 above,in eZ ,Q 4 box C(e) cin 5 below) 0 x 6 0 7 'i g o L Totals (a) (b) (c) (d) (e) Q 0.00 0.00 0.00 0.00 .. Enter total of items C(a)through C(e). 0.00CO This amount is the Annual Anticipated Household Income. c D. Recipient Statement: The information on this form is to be used to determine maximum m E income for eligibility. I/we have provided, for each person set forth in Item A, acceptable m L verification of current and anticipated annual income. I/we certify that the statements are a) Q true and complete to the best of my/our knowledge and belief and are given under penalty ra of perjury. c ii c.) WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the h first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083. g ca O co Signature of Head of Household Date c N I U iy Signature of Spouse or Co-Head of Household Date v c a) E Adult Household Member(if applicable) Date -c z Q Adult Household Member(if applicable) Date Oak Marsh ILC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines Packet Pg. 1463 `r16D6k, E. CDBG Grantee Statement Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitutes) a: c w E fl Very-Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. a) a Department of Housing and Urban Development with adjustments for household size. c L (Maximum Income Limit$ ). (� c a> [_] Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. .o (Maximum Income Limit$ )• o m x 0 Moderate Income (MOD) Household means and individual or family whose annual c ❑income does not exceed 30 percent of the area median income as determined by the c U.S. Department of Housing and Urban Development with adjustments for household a size. a•• (Maximum Income Limit$ ). COCD Based upon the (year) income limits for the Naples-Marco Island Metropolitan c m Statistical Area(MSA)of Collier County, Florida. E Signature of the CDBG Administrator or His/Her Designated Representative: mm toa To Date II Signature � J •_ N L os Printed Name Title 2 F. Household Data n: Number of Persons_ 0 co By Race/Ethnicity By Age N Native a American Hawaiian or Oth 0— 26— 41— 62+ d Asian Black White er 25 40 61 Indian Other Pac. o Islander - v w Hispanic E Nongs- Hispani a NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No �� beneficiary is required to give such information he or she desires to do so, and refusal to give such information tivill not affect any right he or she has to the CDBG program. Oak Marsh LIC CD16-002-IDIS#541 Site Improvements Timber Ridge&Sanders Pines -- Packet Pg. 464 •:91,0;170:157,, EXHIBIT E ANNUAL AUDIT MONITORING REPORT w 4.. Circular 2 CFR.••200-590,.•.r .061170 .-Collier County to monitor subrecipients of federal awards to determine if I subrecipients are•compliant with established auditrequirements: Accordingly, Collier County requires;that all a appropriate documentation is provided;regarding your organizations compliance In determining Federal awards expended in a fiscalyear,.the entity must consider all sources of Federal awards based on when the activity related to the federal award occurs, including any;Federal award provided by Collier c- County The determination of amounts of Federal awards expended.shall be in accordance with guidelines established by OMB:CircularA133, for fiscal years_beginning before December 26,`2014, and established b `2 9 y CFR Part 200 Subpart F; Audit Requirements for fiscal years beginning on or after December 26:2014. This form May be used to monitor Florida Single Audit Act(Statute 215 97) requirements Subrecipient • Oak Marsh, LLC ` Name x First:Date of Fiscal Year(MMIDD)YY) Last Date;of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during • 2 during Most—recently completed Fiscal Year most recently completed Fiscal Year 00 Check A. or B. Check C if applicable A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been ❑ met and a Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be a) completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's managemen letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit reports. While we understanc ❑ that the audit report contains a written response to the finding(s),we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. 2 implemented and when it was or will be implemented. ;v Certification Statement I hereby certify that the above information is true and accurate Signature Date ° Print Name and Title 06/15 Oak Marsh ILC CD16-002-ID1Sit 541 Site Improvements Timber Ridge&Sanders Pines Packet Pg ;1465 'l6.p 6.lro FAIN# B-05-UC-12-0016 B-06-UC-12-0016 B-08-UC-12-0016 B-11-UC-12-0016 Federal Award Date Est. 10/2015 Federal Award Agency HUD 2 CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of $50,000 Federal Funds Awarded a Subrecipient Name Collier County Child Advocacy Council,Inc. re (CAC) 1 DUNS# 054301671 rn FEIN 65-0049492 R&D No Indirect Cost Rate No ra Period of Performance 10/01/2016-09/30/2017 'o L Q. Fiscal Year End 6/30 Monitor End: 12/2017 03 a> AGREEMENT BETWEEN COLLIER COUNTY AND w COLLIER COUNTY CHILD ADVOCACY COUNCIL,INC. 2 w THIS AGREEMENT is made and entered into this—day of 20_, by and between Collier County, a political subdivision of the State of Florida,(COUNTY'or`Oranted)having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Child Advocacy Council, Inc., a. 2 (CAC),(Subrecipient'),having its principal office at 1036 6th Avenue North,Naples,FL 34102. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended);and co WHEREAS,the Board of County Commissioners of Collier County approved the Collier County u_ Consolidated Plan–One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Program with Resolution 2016-147 on June 28,2016–Agenda Item 11E; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on date May 20, 2016 with a 30 day Citizen Comment period from May 20, 2016 to June 20, 2016; and CAC C016-010PS-IRIS#S38 Fy Family Safety Program Packet Pg`. 1466 16.D 6:I" WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and au WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CAC Family Safety Program;and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by ;a the Parties as follows: c .0. PART I SCOPE OF WORK N The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services(CHS)Division, perform the tasks necessary to conduct the program as o follows: 0 L Project Name: Family Safety Program Q. Description of project and outcome: CO rn CHS,as an administrator of the CDBG program,will make available CDBG funds up to the gross �`. amount of$50,000 to the Collier County Child Advocacy Council,Inc.(CAC)to be used for but not limited to the following: Funding partial salary of staff to facilitate the Family Safety program.Funds will enable the Children's Advocacy Center of Collier County to assist victims of re domestic violence and their children to increase the availability of needed services, by maintaining accessible and high quality supervised safety visitations.The Family Safety Program, focuses on the best interests of the children, assists victim parents with advocacy and support and a ensures non-custodial parents have the opportunity to interact positively with their children while 2 participating in the healing process. Q z 1.1 SPECIAL GRANT CONDITIONS Er. U A. Within thirty(30)calendar days of the execution of this agreement,the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. N B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty(30)days of award of this agreement: m [] Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy U Procurement Policy ❑ Uniform Relocation Act Policy Sexual Harassment Policy CAC CD16-010PS-IDIS#538 Family Safety Program Page 2 G6) Packet Pg.1467 g:U^R''S'Mfr, ❑ Procedure for meeting the requirements set forth in Section 3 of the Housing and '...„ Urban Development Act of 1968,as amended(12U.S.C. 794 1 u) O Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. 794) E ® Fraud Policy22 C. Environmental Review Requirement (ERR) - No program costs can be incurred until an °' a environmental review of the proposed project is completed, and approved by HUD. 6' Further,the Subrecipient will not undertake any activity or commit any funds prior to the 2 HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. 6. Violation of this provision will result in the denial of any reimbursement of funds under a this Agreement. d rt .c 1.2 PROJECT DETAILS y 0 m A. Project Description/Project Budget = w 0 Public Services Federal Amount o Family Safety Program a Funding costs will include but not be limited to the following expenses: Funding $50,000 a partial salary of staff to facilitate the Family Safety program. Funds will enable the N Children's Advocacy Center of Collier County to assist victims of domestic violence rn and their children to increase the availability of needed services, by maintaining accessible and high quality supervised safety visitations. The Family Safety Program, 1— focuses on the best interests of the children, assists victim parents with advocacy and u.'" support and ensures non-custodial parents have the opportunity to interact positively W with their children while participating in the healing process. w re a Total Federal Funds: $50,000 w a. 2 a The Subrecipient will accomplish the following checked project tasks: v~i ❑ Pay all closing costs related to property conveyance a ® Maintain and provide to the County as requested beneficiary income certification z documentation a ® Maintain National Objective Documentation 0 ® Provide Quarterly reports on National Objectives and project progress c Z Required attendance by a representative from executive management at quarterly partnership meetings,as requested by CHS. -a ❑ Provide monthly construction and rehabilitation progress reports until completion of II construction or rehabilitation. L ❑ Identify Lead Project Manager o ❑ Provide Site Design and Specifications c ❑ Comply with Davis Bacon Labor Standards, if necessary E 0 Provide certified payroll weekly throughout construction and rehabilitation,if necessary O Comply with Uniform Relocation Act(URA), if necessary Q i CAC CD16-010PS-IDIS#538 Family Safety Program Page 3 e PP Packet pg 1468 16D6.I ' ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met 1 -a 1 ++ G B. National Objective a) E m a> L The CDBG program funds awarded to Collier County must benefit low-moderate income(LMI) Q persons. As such the Subrecipient shall be responsible for ensuring that all activities and 4 beneficiaries meet the definition of: 6 c ❑ LMA--Low/Mod Area Benefit o. ® LMC—Low/Mod Clientele Benefit 13ai ❑ LMH—Low/Mod Housing Benefit .11 ❑ LMJ—Low/Mod Job Benefit in 0 m LMA: Must document where at least 51% of the residents are LMI persons which by = HUD determined eligible census tracts. Failure to achieve the national objective under this o agreement will require repayment of the CDBG investment under this agreement. o LMC: Must document that at least 51% of persons served, are low to moderate income o. households, in order to meet a CDBG National Objective. Failure to achieve the national a objective under this agreement will require repayment of the CDBG investment under this ccoo cn agreement. T.. 4 „..-.., LMH: Must document providing or improving permanent residential structures, which z 1 upon completion will be occupied by LMI households. Structures with three or more units must LU i have at least 51% occupied by LMI households. Failure to achieve the national objective under w this agreement will require repayment of the CDBG investment under this agreement. Ix C9 LMJ:Must document job creation and retention LMI benefit national objective addresses a activities designed to create or retain permanent jobs,at least 51% of which(computed on a full- a r time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the a national objective under this agreement will require repayment of the CDBG investment under y this agreement. a Z C. Performance Deliverables ca U Program Deliverable Deliverable Supporting Submission Schedule Documentation e N Special Grant Condition Policies Policies as stated in this Within thirty(30)days of w (Section 1.1) agreement agreement execution m Insurance Insurance Certificate Within 30 days of agreement 0 execution and Annually within L thirty(30)days of renewal 0 Detailed project Schedule Project Schedule Within thirty(30)days of c agreement execution-N/A a' E Project Plans and Specifications Site Plans and Specifications Prior to Construction Start-N/A o Submission of Progress Report Exhibit C Quarterly reports;Annual z n Closeout Report < CAC _ 1 C016-010PS-IDIS#538 Family Safety Program Packet Pg. 1469 Financial and Compliance Audit Exhibit E,and Audit Annually 180 days after FY end Continued Use Certification Continued Use Affidavit,if Annually until 2022-N/A applicable Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve of rehabilitation and annually thereafter until 2022—N/A a� Program Income Reuse Plan Plan Approved by the County Annually thereafter until 2022- N/A L 0 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Funding Submission of supporting documents must Submission of costs will include but not be be provided as backup as evidenced by, monthly invoices. U) limited to the following expenses: invoice(s)/timesheets/Payroll Fund partial salary to facilitate the Registers/Summary/canceled checks or Family Safety Program banking statement/banking documents supporting payroll and any additional c documentation as requested. 10%retainage released upon final monitoring clearance or expenditure of co grant funds. t— Exhibit B w 2 Lu Final retainage held, not including the aforementioned retainage above, will be released upon documentation that at least 51% of persons served are low to moderate income persons/households, in order to meet a CDBG National Objective.Failure on behalf of the subrecipient in achieving the National Objective under this agreement will require repayment of the CDBG investment. 1L 2 1.3 PERIOD OF PERFORMANCE N Services of the Subrecipient shall start October 1,2016 and shall end on September 30,2017. u. a I 1.4 AGREEMENT AMOUNT c) co o The COUNTY agrees to make available Fifty Thousand Dollars($50,000.00). For the use by the SUBRECIPIENT during the term of the agreement (hereinafter, shall be referred to as the"Funds"). U Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10%of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be made with Board approval. 4 CAC CD16-010PS-IDIS#538 Family Safety Program Pao c Packet Pg1470 16.D 6.i The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of 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 tr perform the minimum level of service required by this agreement. 0 Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement = may not be processed without written authorization from the Grant Coordinator. > 0 The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to ._ the Subrecipient and reported to the Board on a quarterly basis. w rn No payment will be made until approved by CHS for grant compliance and adherence to any and z all applicable local, state or Federal requirements. Payment will be made upon receipt of a 2 properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." CL a 1.5 COST PRINCIPLES a Payments to the Subrecipient are governed by the Federal grants management rules for cost cn allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section Q (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide adequate documentation for validating costs incurred.Payments to Subrecipient's contractors and � vendors are conditioned upon compliance with the procurement requirements provided for in 2 }; CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the c Developer in order for the County to remain compliant with its obligation to follow 2 CFR E Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. CAC ' CD16-010PS-IDIS#538 Family Safety Program °n^'F Packet Pg. 1471 1.6 NOTICES I Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier,personal delivery,or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and a other written communications under this agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. a) 7.3sS ° 0 ATTENTION: Rosa Munoz, Grant Coordinator = COLLIER COUNTY 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112o. 2 Email:RosaMunozacoliiergov.net a. Telephone: (239)252-5713 N a0 SUBRECIPIENT ATTENTION: Jacqueline Stephens °' Collier County Child Advocacy Council,Inc. 1036 6th Avenue North Naples,FL 34102 5 jstephens@caccollier.org wwa, Telephone:239-263-8383 X 228 w 0 S -J Z U Q 0 0 L ° d E U CAC CD16-010PS-IDIS#538 Family Safety Program ()man 7 Packet,Pg. 1472 I6D61 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS i as 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, m inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,or Subrecipient within 30 days after receipt by the organization. Failure of the organization to can comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual = agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. 0 The determination of amounts of Federal awards expended shall be in accordance with guidelines `.Z established by 2 CFR Part 200, Subpart F-Audit Requirements. rn �-� 2.2 RECORDS AND DOCUMENTATION w 2 The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to determine compliance with the requirements of this agreement,the CDBG Program and all other 4 f applicable laws and regulations. This documentation shall include, but not be limited to, the following: w a.2 A. All records required by CDBG regulations. N B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily z_ would be required by COUNTY in order to perform the service. a U C. All reports,plans, surveys, information, documents,maps, books,records and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the N I purpose of this agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS.Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices,which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this agreement, c including matching funds and Program Income. These records shall be maintained to the m extent of such detail as will properly reflect all net costs, direct and indirect Iabor, U /'*"- CAC CD16-010PS-IDIS#1538 Family Safety Program Page 8 Packet Pg. 1473 16.061 materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this agreement. N C D. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years after the date of co 4 submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or audit is started before 6. the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this agreement of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all N 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 o provided to the COUNTY in a format that is compatible with the information technology a systems of the public agency. N rT 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. w Similarly, the SUBRECIPIENT shall maintainrecords showing compliance with federal ce purchasing requirements and with other federal requirements for grant implementation. aC c. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income Q eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter a on the SUBRECIPIENT's compliance. U- U 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 570.208, income certification, and "- written agreements with beneficiaries,where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that c 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 co CAC CD16-010PS-IDIS#538 Family Safety Program Page 9 Packet.Pg 1474 3 16 0 61'°•.' exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. N 2.3 MONITORING m During the term, SUBRECIPIENT shall submit an annual audit monitoring report(Exhibit E)to Q the COUNTY no later nine(9)months after the Single Audit(or one hundred eighty(180)days 6* for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site cc 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 in of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable o CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site o visits may be scheduled or unscheduled as determined by CHS or HUD. a a The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate c fraud,waste,abuse,or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds z provided under this agreement further defined by 2 CFR 200.331. Substandard performance as 2 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 C9 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 Q related to performance of activities in this agreement. • J 2.4 PREVENTION OF FRAUD AND ABUSE z_ LL V � SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and w •a other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. °' SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent c waste,fraud and abuse. z CAC CD16-010PS-IDlS1538 Family Safety Program Page 10 Packet Pg.1475 X1,6�ti6-I�e SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority,if the report is made in good faith. e. 2.5 CORRECTIVE ACTION a)' ra 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. 'Q In order to effectively enforce Resolution No. 2013-228, Community and Human Services(CHS) re has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers,or any entity receiving grant funds from CHS.CHS's policy for escalation for non-compliance is as rn follows: x 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 Division within 15 days following issuance of the report. a i • Any pay requests that have been submitted to the Division for payment will co be held until the corrective action plan has been submitted. I— z • CHS will be available to provide Technical Assistance (TA)to the entity as needed in order to correct the non-compliance issue. 0 2. If in the case an Entity fails to submit the corrective action plan in a timely `t manner to the Division, the Division may require a portion of the awarded grant a amount be returned to the Division. a c • The County may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County z Commissioners. 0 I • The entity may be considered in violation of Resolution No.2013-228 0 N 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats 1J' -a an issue that was previously corrected, and has been informed by the Division ofo their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the CDBG investment for 8 acquisition of the properties conveyed,be returned to the Division. a) E v c(� CAC CD16-010PS-IDIS#538 Family Safety Program Page 11 Packet Pg;1476;' 16D6.1 • The Division may require upwards of ten percent(10%)of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. _ E • The entity will be considered in violation of Resolution No.2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be C� terminated. • The Division 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. This includes the amount invested by the County for the initial acquisition of the properties or other activities. o • The entity will be considered in violation of Resolution No.2013-228 2 a Q. If in the case the Entity has multiple agreements with the Division and is found to be non- compliant,the above sanctions may be imposed across all awards at the BCC's discretion. co 2.6 REPORTS w Reimbursement may be contingent on the timely receipt of complete and accurate reports w required by this agreement, and on the resolution of monitoring fmdings identified pursuant to this agreement as deemed necessary by the County Manager or designee. a During the term,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January,April,July and October respectively for the prior quarter period end.As part of the report submitted in October,the SUBRECIPIENT also agrees to include, a comprehensive —' a ; 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 a objectives set forth in Exhibit"C". Exhibit"C"contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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. 0 U r E s a /* o CAC CD16-010PS-IDIS#538 Family Safety Program Page 12 Packet Pg. 1477 16QA6.1, PART III TERMS AND CONDITIONS U) w d 3.1 SUBCONTRACTS E a> • a) 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 cts judgment. t9 3.2 GENERAL COMPLIANCE .Q a) CC 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 (1) 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 To recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 2 and (3) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS a.c21 revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to co 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 F' available under this agreement to supplement rather than supplant funds otherwise available. LL` w w 3.3 INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to, or shall be construed in any Manner, as a 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. Cl.) 3.4 AMENDMENTS 0 N The COUNTY or SUBRECIPIENT may amend this agreement at any time provided that such u. 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 L L 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 CAC CD16-010PS-IDIS#f538 Family Safety Program Page 13 Packet Pg. 1478 16.0.6.1 .. such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement,such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. m 3.5 AVAILABILITY OF FUNDS m Q The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must CU I 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 d 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 .Q that it is determined by the County Manager or designee,in his-her sole discretion and judgment, can 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 0 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 o under the terms of this agreement. a 3.6 INDEMNIFICATION `" rn �--, 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 'Q 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 a performance of this agreement.This indemnification obligation shall not be construed to negate, y 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 z_ 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 v which may issue there-on. This Indemnification shall survive the termination and/or expiration of ca this agreement. This section does not pertain to any incident arising from the sole negligence of c Collier County. The foregoing indemnification shall not constitute a waiver of sovereign u., immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. L L 0 U 3.7 GRANTEE RECOGNITION/SPONSORSHIPS f E The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar CAC CD16-O1OPS-IDISti538 Family Safety Program Page 14 I i Packet Pg. 1479 public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: Cl) w C "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN E cu DEVELOPMENT {HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN L SERVICES DIVISION" a c ca and shall appear in the same size letters or type as the name of the SUBRECIPIENT.This design c5 concept is intended to disseminate key information regarding the development team as well as a . Equal Housing Opportunity to the general public. Construction signs shall comply with Q 0 applicable COUNTY codes. rt 3.8 DEFAULTS,REMEDIES,AND TERMINATION y Cl M In accordance with 2 CFR 200.339, this agreement may also be terminated for c convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth �a the reasons for such termination,the effective date, and, in the case of partial terminations, the o 6. portion to be terminated. However, if in the case of a partial termination,the Grantee determined o. that the remaining portion of the award will not accomplish the purpose for which the award was Q made,the Grantee'may terminate the award in its entirety. rn T The following actions or inactions by SUBRECIPIENT shall constitute a Default under this z agreement: w w w A. Failure to comply with any of the rules, regulations or provisions referred to herein, or cc (7 such statutes,regulations,executive orders,and HUD guidelines,policies or directives as 'a may become applicable at any time; 0 6 w a. 2 B. Failure, for any reason, of the SUBRECIPIENT.to fulfill in a timely and proper manner 1- its obligations under this agreement; a 1 Z C. Ineffective or improper use of funds provided under this agreement;or v a c.) D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or ca o incomplete in any material respect. w E. Submission by the SUBRECIPIENT of any false certification; oE F. Failure to materially comply with any terms of this agreement;and U c G. Failure to materially comply with the terms of any other agreement between the County E°' and the SUBRECIPIENT relating to the project. m „....] ct CAC CD16-010PS-IDIS#S38 Family Safety Program Page 15 Packet Pg.1480 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: 11"-) A. Require specific performance of the agreement,in whole or in part; m m L B. Require the use of or change in professional property management; a) C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this agreement; D. Apply sanctions if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; in F. Terminate this agreement by giving written notice to SUBRECIPIENT of such o termination and specifying the effective date of such termination. If the agreement is ea terminated by the County as provided herein, SUBRECIPIENT shall have no claim of o payment or claim of benefit for any incomplete project activities undertaken under this a. agreement. Q N CO 3.9 REVERSION OF ASSETS In the event of a termination of this agreement and in addition to any and all other remedies available to the COUNTY (whether under this agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). a. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the cn COUNTY's right(nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property,as the COUNTY may deem necessary.Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). v U 3.10 INSURANCE 0 SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until u- all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried,at all times during its performance. i 0 U 3.11 ADMINISTRATIVE REQUIREMENTS as The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget 5 and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and CAC CD16-010PS-ID151t538 Family Safety Program Page 16 Packet Pg.1481, x-'16D6I Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Community Development Block Grants(24 CFR 570 et seq.). m 3.12 PURCHASING m m SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through .326)and Collier County's purchasing thresholds. rns Range: Competition Required $0-$3,000 1 Written Quote .Q $3,000-$10,000 3 Written Quotes et $10,000 -$50,000 3 Written Quotes $50,000+ Bids,Proposals,Contracts(ITB,RFP,etc) 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 contracts for c improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. corn 1- 3.13 3.13 PROGRAM GENERATED INCOME w 2 Luw No Program Income is anticipated.In the event there is Program Income derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be retained by the a SUBRECIPIENT for use in the Community Development Grant Program. Any "Program w j Income" (as such term is defined under applicable Federal regulations) gained from any activity a. of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an ct annual program income re-use plan,utilized by the SUBRECIPIENT accordingly, and shall be in co compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. In the z event there is a program income balance at the end of the Program Year,such balance shall revert u. to the COUNTY'S Community Block Grant Program,for further reallocation. U 3.14 GRANT CLOSEOUT PROCEDURES >- W SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are m completed. The Subrecipient may close out the project with the County after the year affordability period has been met, if applicable. 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 Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal CAC CD16-010PS-IDIS#538 Family Safety Program Page 17 Packet Pg1482 16D61 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 CD t 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 L complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. ns fLn V 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE m •Q 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 co receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this agreement. "E) 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 a concerns located in or owned in substantial part by persons residing in the project areas shall be `Z awarded contracts in connection with the project. The SUBRECIPIENT shall comply with co co Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES t9 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 a 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 Afio-Americans, Spanish-speaking, Spanish surnamed v or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT v may rely on written representations by businesses regarding their status as minority and female CT, business enterprises in lieu of an independent investigation. N 3.17 PROGRAM BENEFICIARIES I a' L At least fifty-one percent (51%) of the beneficiaries of a project funded through this agreement must be low-and moderate- income persons or presumed to be Iow to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI E strategy. If the project is located in an entitlement city, as defined by HUD, or serves c beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted CAC CD16-010PS-IDIS#538 Family Safety Program Page 18 Packet Pg. 1483 k 16D.6I h,.. rr 1 .4, under this agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit"C"of this agreement. m E 3.18 AFFIRMATIVE ACTION L a) Q The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's E specifications an Affirmative Action Program in keeping with the principles as provided in � President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide a co Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such ;E- Li program. The SUBREC1PIENT 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 6 the five year period and must be submitted to County within 30 days of update/modification. co 0 n 3.19 CONFLICT OF INTEREST 0 The SUBRECIPIENT covenants that no person under its employ who presently exercises any o functions or responsibilities in connection with the Project, has any personal financial interest, Q 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 rn 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 2 z CFR 200.318, 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 w employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be 0 interpreted in such a manner so as not to unreasonably impede the statutory requirement that a 0 maximum opportunity be provided for employment of and participation of low and moderate- d income residents of the project target area. a cn The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to Q entering into any contract with an entity owned in whole or in part by a covered person or an z entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may v review the proposed contract to ensure that the contractor is qualified and that the costs are v 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 N using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or U- its employees shall be disclosed in writing to CHS provided,however,that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that a) 6. maximum opportunity be provided for employment of and participation of low and moderate �j income residents of the project target area. c E 3.20 RELIGIOUS ORGANIZATIONS c ci Z CAC CD16-010PS-IDIS#538 Family Safety Program Page 19 Packet Pg 1484 16.D.6.1i 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 L religion and will not limit employment or give preference in employment to persons on Q the basis of religion. ; rzs 'L^ 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 'Q. religion. asu C. It will retain its independence from Federal, State and local governments and may in 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. O D. The funds shall not be used for the acquisition,construction or rehabilitation of structures a 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 co 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 F' z applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG w funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. re 3.21 INCIDENT REPORTING a If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child,aged person,or disabled adult to the County. U 3.22 SEVERABILITY � I 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. u. L I I L 4 i O _ CAC CD16-01OPS-IDIS#538 Family Safety Program Page 20 Packet Pg.1485 0,46.13`61 PART IV GENERAL PROVISIONS N 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program E 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=/ecfibrowse/Title24/24cfr58_main 02.tp1 c9 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended m re http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_app/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/Theo/library/huddojstatement.pdf E.O. 11063 — Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal opp/FH Q Laws/EXO11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs op 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.comell.edukfr/text/24/part-107 g Lu W 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/grog a. desc/title8 ct cn 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which a prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vola/pdf/CFR-2007-title24-vol3-sec570- �j 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 u.. -a with federal funds and as supplemented in Department of Labor regulations. EO 11246: .. http:I/www.eeoc.gov/eeoc/history/35thlthelaw/eo-11246.html L EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements CAC CD16-010PS-IDIS#53$ Family Safety Program Page 21 'Packet Pg. 1486 16.D.6.1: 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/Iaws/statutes/titlevii.cfro 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 L 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 t; COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and m subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the .Q SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their ce 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 cn disability exists that would prevent compliance with these requirements. x The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this agreement: o. °. "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 co 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 w opportunities for low-and very low-income persons residing in the metropolitan area in which the project is located." C w O. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment a arising in connection with a housing rehabilitation (including reduction and abatement of lead- y based paint hazards), housing construction,or other public construction project are given to low- CC and very low-income persons residing within the metropolitan area in which the CDBG-funded z 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 } 1 lead-based paint hazards), housing construction, or other public construction project to business a 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, E 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. i as $7 CAC CD16-010PS-IDIS#538 Family Safety Program Page 22 Packet Pg. 1487 q16.0.6.1 The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http:/Iwww.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 6 11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal_o t� pp/FHLaws/EX011063 11246:http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html .a 11375:Amended by EU 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 rn 12086:http://www.archives.gov/federal-register/codification/executive-order/12086.html 6 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 'oo c. 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 c 29 USC 776:http://law.onecle.com/uscode/29/776.html v- 24 CFR 570.614:http://www.law.comell.edu/cfr/text/24/570.614 w 4.13 The Americans with Disabilities Act of 1990 http://www.Ihwa.dot.gov/realestate/ua/index.htm C? 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.lhwa.dot.gov/realestate/ua/index.htm 0- 4.15 4.15 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use 1— of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. a 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 u. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally u Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to L the Contract Work Hours,and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part- 5 5 c Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally C assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=23675 CAC CD16-010PS-IDlS41538 Family Safety Program Page 23 Packet Pg. 1488 16.116.11'` 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 E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 co HUD Circular Letter 79-45 a � ea 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and c7 contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, _ as revised by Executive Order 13279. The applicable non-discrimination 'o- provisions in Section 109 of the HCDA are still applicable. re I 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vola/pdf/CFR-2010- title24- vol3-sec570-608.pdf Un 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 0 4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit requirements for Grants and Agreements. co 4.20 Immigration Reform and Control Act of 1986 E' http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html j 4.21 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 a employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance a No.2004-05,as amended,and County Administrative Procedure 5311.Florida Statutes- http://www.lawserver.com/law/state/florida/statutes/floridastatutes chapter_112--part_iii Collier County- _ a http://bccspol/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1% z 20Standards%20of%20Conduct.pdf v U 4.22 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 takeprecedence 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 (.: c.) 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 c.j the Contract Documents upon the Contractor at Owner's discretion. a) F I CAC CD16-010PS-IDIS#538 Family Safety Program Page 24 .Packet Pg.1489 l • 4.23 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 d required for this item). m 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Q agreement to resolve disputes between the parties, the parties shall make a good faith effort to as resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or t9 mediation shall be attended by representatives of SUBRECIPIENT with full decision-making m authority and by COUNTY'S staff person who would make the presentation of any settlement .Q v 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, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT a 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 z 4.25 The SUBRECIPIENT agrees to comply with the following requirements: u. a. Clean Air Act,41 USC 7401,et seq.http://www.law.comell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.comeII.edu/uscode/text/33/chapter-26 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 2 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 a Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment LOMA maybe obtained from FEMA, which would satisfythis requirement and/or reduce the (LOMA) v cost of said flood insurance. http:/lwww.ecfr.gov/cgi-bin/text- U idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&viewrtext&node=2 4:3.1.1.3.4.11.1.6&idno=24 0 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfi•.gov/cgi-bin/text-idx? c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. 1.1.3.4.11.1.9&idno=24 N E U i .w+ CAC CD16-010PS-IDIS#538 Family Safety Program Page 25 Packet Pg. 1490 16;D 6 I,°v 4.28 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/histoly/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800_main02.tpl Q 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 t� included on a federal, state or local historic property list. http://www.nps.gov/history/local- law/nhpal966.htm U CL) 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with .Q the Drug-Free Workplace Act of 1988 (41 USC 701). ci http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 = a 4.30 The SUBRECIPIENT certifies that neither it, nor its principals,is presently debarred, suspended, Tts 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 a 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 op CFR 570.609, Subpart K. http://www.ecfr.govicgi-bin/text- z idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 w 4:3.1.1.3.4.11.1.10&idno=24 4.31 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, a. utilize adequate internal controls, and maintain necessary source documentation for all costs !. incurred.These requirements are enumerated in 2 CFR et seq. y 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be z submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit c' financial statements to the COUNTY one hundred eighty (180) days after the end of the Subrecipients fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt �'- a of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. L Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost CD 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 Q � I CAC CD16-010PS-IDIS#538 Family Safety Program Page 26 Packet Pg. 1491 fI6 D 61 4.33 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 m subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBREC]PIENT control, which is acquired or improved in whole or part with CDBG funds in excess of$25,000,must adhere to the as CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm t9 http://www.law.comell.edu/cfr/text/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 : - d 4.34 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, Co 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. �a This notice is required by§287.133 (3)(a),Florida Statutes. o http://www.Iawserver.com/Iaw/state/florida/statutes/floridastatutes 287-133 Q 4.35 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, co 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 w 2 grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement.If any funds other than Federal appropriated funds have been paid 0 or will be paid to any person for influencing or attempting to influence an officer or employee of a any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Q 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 a Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award v 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. csi 4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. L O U 4.37 Any rule or regulation determined to be applicable by HUD. c 4.38 Florida Statutes 713.20,Part 1,Construction Liens • CAC CD16-010PS-IDIS#538 Family Safety Program Page 27 Packet Pg. 1492 .., 16�D 6.1 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0700- 0799/0713/0713.html U) 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.cam/law/state/florida/statutes/florida statutes 119-021 Q / 4.40 Florida Statutes, 119.071,Contracts and Public Records t6 http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html c d Q v m (Signature Page to Follow) cn Q rc Q N co r ' 2 W reci t9 W a Q cn J Q t t) N I u. W 15L 0 U E CAC CD16-010PS-IDISf4538 Family Safety Program Page 28 Packet Pg 1493 %%AO IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. a.. d E ATTEST: BOARD OF COUNTY COMMISSIONERS OF L DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: CO ,Deputy Clerk DONNA FIALA,CHAIRMAN Date: COLLIER COUNTY CHILD ADVOCACYcn Dated: COUNCIL, (SEAL) _ By: Jacq eline Ste s,CEO r 07( ° Date: Q- a co Approved as to form and legality: z u Jennifer A.Belpedio w Assistant County Attorney Q Date: a 2 w 4 z U- c.) Q V N U- 'O Q7 V G1 i i O 0 w E ca c� CAC CD16-010PS-IDIS#538 Family Safety Program Page 29 Packet Pg 1494 PART V EXHIBITS I EXHIBIT A m ' INSURANCE REQUIREMENTS as The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing cu insurance coverage that meets the requirements as outlined below: ii I CD 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. 0 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used inO. connection with this contract in an amount not less than$1,000,000 combined single limit a for combined Bodily Injury and Property Damage.Collier County shall be named as an additional 0000 insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as w w follows: 4 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design a professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per a occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the N 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 z 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. 5,2 CONSTRUCTION PHASE(IF APPLICABLE) LL In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one °' E 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. • CAC CD16-018PS-1015#538 Family Safety Program Page 30 Packet Pg._.1495 16.D.6:1 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 L of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) t' - 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: 0 m 7. Workers' Compensation as required by Chapter 440,Florida Statutes. cn 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. " 0 L 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in a 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. 03 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. w CD 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(NH?).The policy must show Collier County as a Loss Payee A.T.I.M.A. CO LL '>3 m ro :".1( CAC CD16-010PS-IDIStk538 Family Safety Program Page 31 Packet Pg. 1496 -16.D.6.1 n. I EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT ° L I SECTION I:REQUEST FOR PAYMENT Q Subrecipient Name: Collier County Child Advocacy Council,Inc.(CAC) 0 Subrecipient Address: 1036 6th Avenue North,Naples,FL 34102 m Q. Project Name: Family Safety Program T3 Project No: CD16-010PS IDIS#538 Payment Request# Total Payment Minus Retainage co Period of Availability: through _ w ! Period for which the Agency has incurred the indebtedness through ° SECTION II:STATUS OF FUNDS c Grant Amount Awarded $ •• Sum of Past Claims Paid on this Account $ co Total Grant Amount Awarded Less Sum of Past $ z Claims paid on this Account Amount of Previous Unpaid Requests $ w Amount of Today's Request $ C9 10%Retainage Amount Withheld $ o Current Grant Balance (Initial Grant Amount °. Awarded Less Sum of all requests) co I certify that this request for payment has been made in accordance with the tenns and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and I' belief,all grant requirements have been followed. a U Signature Date Title m I Authorizing Grant Coordinator Authorizing Grant Accountant .N Supervisor Division Director (Approval required$15,000 and above) (Approval Required$15,000 and above) � a CAC CD16-010PS-IDIS#538 Family Safety Program Page 32 Packet Pg. 1497 16.D-61," EXHIBIT"C" N QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("1DIS1 Performance Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipien shall submit the information contained herein within ten (10)days of the end of each calendar quarter. m QUARTERLY PROGRESS REPORT re Sub-recipients:Please fill in the following shaded areas of the report N Agency Name: Collier County Child Advocacy Council,Inc. Date: _ O t6 Project Title: Family Safety Program p L (Z Q Alternate Program Contact: Jacqueline Stephens,CEO Contact: 00 os Telephone Number. (239)263-8383 X 228 Z W 2 Activity Reporting Period Report Due Date W LU October 1g-December 31M January 10th January 31g—March 31g April 10th Q April 1$`—June 301" July 10th July 151—September 30th October 10th 0- 2 Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date, coJ Q fg.f4sse list the o utcome goalfs)fr your-approoap slii` tion&&sub-recipient agr rnt and'ndcate YQt ogress m eti 1. ,th se goals s€nce tb pginning"the mere] . y..w M+ ... ..,....,v.... .:.. ..._V :x .. ... ... ..... .r, . .._.. .�cam... -Fa.' ,.. Co A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. >— N U. . d Outcome 1: Target approximately 40 families who will benefit from the safe visitation services. CAC must document that at least 51% of persons served, are low to moderate income households, in order to meet a CDBG LMI/LMC . v National Objective.criteria. Outcome 2: Maintain staff to deliver the Family Safety program. v CAC CD16-010PS-IDIStl538 Family Safety Program Page 33 Packet Pg.'1498 I6.D.6.1`. 3oal Progress:Indicate the progress to date in meeting each outcome goal. Outcome 1. in- E E Outcome 2. L a+ c c>: C7 t ' oioo is this proje t ata )n complianh he=orginal project schedule?If moi 'than 2 months;behind schedule,must submit a new r D 5 5 Yes No O If no,explain: s3. N a C \3. Since October`1 2016,of the persons assisted,how many.: Z • W 2 W W a. ...now have new access(continuing)to this service or benefit? 0 re b. ...now has improved access to this service or benefit? 0 0 W c. ...now receive a service or benefit that is no longer substandard? 0 O. 2 h TOTAL: 0 N i 4. Whatfundin ur Z g 4 # ;art,PP1el. ort 0.4011Rflprlw ramXeer _ k y 0 � 1 v Other Consolidated Plan Funds CDBG U c Other Federal Funds ESG o State/Local Funds HOME u. Total Entitlement Total Other Funds $ 0.00 Funds $ 0.00 V a ar E .0 C) z /•••••••• CAC CD16-010PS-IDIS#538 Family Safety Program Page 34 Packet Pg..1499 1 16`D 61 5. Wha t ie ttte total number of UNDUPLICATED clients se ved this quarter,if applicable? _ a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 N c. Total No.of families served: Total No.of female head of household: 0 4 6. What-.is,the total numberttf oMpAggiget clien0°;s€rved since.Octob!er,11 applicable? _ E !::;24.- tIggiNgt,ittf:::P.410:g'ORPRINVien:ItIgOgfineepAgEAPOOCAVNANRAPV%F.VEMOcgatMORRAZt ,ft a. Total No.of adult females served: 0 Total No.of females served under 18: 0 ns b. Total No.of adult males served: 0 Total No.of males served under 18: 0 j ... c TOTAL: 0 TOTAL: 0 d c. Total No.of families served: 0 Total No.of female head of household: 0 v m c Complete EITHER question#7 OR#8. Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit II categories. Complete question#8 if any client in your program does not fall Into a Presumed Benefit category. N DO NOT COMPLETE BOTH QUESTION 7 AND 8 7, .l:#0..M .-.:[4. '1 .44WO A _,_ _ ._- ,. . :iinilt 'HE Nge. AR:rDiAT kNCQ L RAN I z I Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served p since October 1 who fell into each presumed benefit category since October 1 who fall into each Income category(the total (the total should equal the total In question#6) should equal the total in question#6) Ti REPORT AS: REPORT AS: 0 O Abused Children Homeless 0 Extremely low Income(0-30%) 12' Q 0 Person Battered 0 Low Income(31-50%) Q O Battered Spouses 0 Moderate Income(51-80%) N co 1 01 o Persons w/HIVIAIDS 0 Above Moderate Income(>80%) O Elderly Persons I- O Veterans U. O Chronically/Mentally III W o Physically Disabled Adults W CL O Other-Youth Q TOTAL: 0 TOTAL: 0 CI W O. 9. RRecai$fttiiflo fltat>` ...... . e (if applicable) 2 Please indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please Q indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell). U) RACE ETHNICITY Q White 0 ;of whom,how many are Hispanic? 0 Z Black/African American 0 ;of whom,how many are Hispanic? 0 V- U Asian 0 ;of whom,how marry are Hispanic? 0 Q American Indian/Alaska Native 0 ;of whom,how many are Hispanic? 0 V t0 Native Hawaiian/Other Pacific Islander 0 ;of whom,how many are Hispanic? 0 C N American Indian/Alaskan Native&while 0 ;of whor,how many are Hispanic? 0 >`' I.L. Black/African American&White 0 ;of whom,how many are Hispanic? 0 .a Am.Indian/Alaska Native&BlacklAfdcan Am. 0 ;of whom,how many are Hispanic? 0 - t.) Other Multi-racial 0 ;of whom,how many are Hispanic? 0 i TOTAL: 0 TOTAL:HISPANIC 0 COt Name: Signature: 45 Your Typed name here represents your electronic signature y The: E t V Q • r CAC CD16-010PS-IDIS#538 Family Safety Program Page 35 Packet Pg.'`1500` 16.D 6.l . . ... .......... EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS E Complete form, and retain appropriate supporting documentation, to document providing CDBG Q assistance to an eligible beneficiary. Please file in your organization's records and have on hand for c future monitoring visits. co Effective Date: A. Household Information Member Names—All Household Members Relationship Age U) 1 x 2 3 Ta 4 2 0. 5 Q 6 N 7 c 8 B. Assets:All Household Members,Including Minors 2 w ` Member Asset Description Cash Value Income f from Assets 1 W a. 2 a t 3 U 4 5 U- 6 7 v 8 0.00 o ' Total Cash Value of Assets B(a) 0.00 } Total Income from Assets B(b) 0.00 If line B(a)is greater than$5,000, multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) ° m E 4 CAC CD16-010PS-IDIS#538 Family Safety Program Page 36 Packet Pg.1501 I 4`16.D6 I-; C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors 1 Y Member Wages/ Benefits Public Other E Salaries / Assistance Income L (include tips, Pensions Asset as 4 commissions, Income c ca bonuses,and overtime) (Enter the greater ofd 1 _ box B(b)or a 2 box 8(c), re 3 above,in 12 4 box C(e) cn cm 5 below) 6 '- 0 7 Ta 8 0 0. Totals (a) (b) (c) (d) (e) Q 0.00 0.00 0.00 0.00 c•, Enter total of items C(a)through C(e). 0.00 rn This amount is the Annual Anticipated Household Income. I- z D. Recipient Statement: The information on this form is to be used to determine maximum 2 income for eligibility. I/we have provided, for each person set forth in Item A, acceptable w verification of current and anticipated annual income. I/we certify that the statements are it C9 true and complete to the best of my/our knowledge and belief and are given under penalty ct of perjury. w a- 2 WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations < concerning income and assets or liabilities relating to financial condition is a misdemeanor of the cn J first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083. z ii U Q Signature of Head of Household Date co 0 N Signature of Spouse or Co-Head of Household Date 2. m L I C U Adult Household Member(if applicable) Date d E c) co Adult Household Member(if applicable) Date a cac c016-010PS-IDIS#538 Family Safety Program Page 37 Packet Pg. 1502 1 16.D 6.I e.... E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the y provisions of the CDBG Program. The family or individual(s)constitute(s)a: c ii Very-Low Income (VLI) Household means and individual or family whose annual income d I does not exceed 30 percent of the area median income as determined by the U.S. cr 1 Department of Housing and Urban Development with adjustments for household size. as 1 (Maximum Income Limit$ ). CD cll a) r n Low Income (LI) Household means and individual or family whose annual income does '5 ;( not exceed 50 percent of the area median income as determined by the U.S. ce Department of Housing and Urban Development with adjustments for household size. N (Maximum Income Limit$ ). G m x O ❑ Moderate Income (MOD) Household means and individual or family whose annual To 1 income does not exceed 30 percent of the area median income as determined by the o U.S. Department of Housing and Urban Development with adjustments for household Q size. Q (Maximum Income Limit$ ). CO 01 Based upon the (year) income limits for the Naples-Marco Island Metropolitan z Statistical Area(MSA)of Collier County, Florida. w 2 Signature of the CDBG Administrator or His/Her Designated Representative: w a 0 Ili Signature Date a. a N J Printed Name Title z F. Household Data "' Number of Persons 4 By Race!Ethnicity By Age (Vo Native N American Hawaiian or Oth 0— 26— 41— Indian Asian Black Other Pac. White er 25 40 61 62+ a) Islander L Hispanic v Non- ami Hispani . U NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No /- beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not `S affect any right he or she has to the CDBG program. CAC I CD16-010PS-IDIS#538 Family Safety Program Page 38 Packet Pg. 1503 1S D.6.l EXHIBIT E ANNUAL AUDIT MONITORING REPORT N d i E d Circular 2 CFR 200 500::requires Collier County'to monitor subrec[pients of federal awards to determine if a subrecipients are compliant with established audit,:requirements. Accordingly, Collier County requires that all: appropriate documentation is:provided regarding your Organizations compliance L In determining Federal awards expended in a`fiscal ,year, the entity must consider all ou srces of Federal;awards: based;on when the;activity related to the federal award occurs, including any Federal award provided by Collies.: County The determination of amounts of Federal. awards expended shall be in accordance with guidelines established'by OMB Circular A'133 for fiscal.years beginning before December 262014 and established by 2 c CFR Part 200, Subpart F-Audit Requirements forfiscal yearsbeginninq on or after December 26 2014 This form may be used to monitor Florida Single Audit Act{Statute 215.97)requiremen#s co Subrecipient Collier County Child Advocacy Councit,Inc (CAC} Name o Furst Dateof Fiscal Year(MM/DD/YY} Last Date of Fiscal Year(MM/DDJYY} Tes 0 a Total Federal Financial Assistance Expended Total State Financial Assistance Expended during a during most recently completed Fiscal Year mast recently completed Flscal Year •• Check A. or B. Check C if applicable A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been La ❑ met and a Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be w completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. Q B. We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F w because we: a. ❑ Did not exceed the expenditure threshold for the fiscal year indicated above a ❑ 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 z_ letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit reports. While we understand [] that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written } response from your audit report, unless it includes details of the actions, procedures, policies, etc. .0 implemented and when it was or will be implemented. Certification Statement 1.hereby certify that.the.above,information la true and accurate V Signature Date , E Print Name and Title B 06/15 CAC CD16-010PS-IDlS##538 i Family Safety Program Page 39 • : Packet Pg 1504, 16.D6.m I . FAIN# B- 16-UC-12-0016 i Federal Award Date Est. 10/2016 d Federal Award Agency HUD d CFDA Name Community Development a, • Block Grant Q CFDA/CSFA# 14.218 E Total Amount of 0 Federal Funds Awarded FY 2016 $450,000 c Subrecipient Name Catholic Charities of a Collier County . DUNS# 877686501 0; FEIN 59-24731762 R&D No N Indirect Cost Rate No m Period of Performance 10/01/2016- _ 09/30/2017 5 Fiscal Year End 6/30 ra 'Lo 2 Monitor End: 12/31/2023 a a N AGREEMENT BETWEEN COLLIER COUNTY 0 AND , CATHOLIC CHARITIES OF COLLIER COUNTY 0 0 „„..,—...\ V THIS AGREEMENT is made and entered into this,�• day of 2016, by and between Collier I County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal N address at 3339 E Tamiami Trail,Naples FL 34112,and"Catholic Charities Diocese of Venice,Inc.,dba c Catholic Charities of Collier County",a not for profit corporation existing under the laws of the State of N CO Florida,("Subrecipient"),having its principal office at 1000 Pinebrook Road Venice,Fl. 34285. c R WHEREAS, the County has entered into an agreement with the United States Department of c Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County,pursuant to Title I of m the Housing and Community Development Act of 1974(as amended);and L 0 WHEREAS,the Board of County Commissioners of Collier County approved the Collier County 0 Consolidated Plan — One year Action Plan for Federal Fiscal Year 2016-2017 for the CDBG Program o with Resolution 2016-147 on June 28,2016—Agenda Item 11E;and Y R U WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan d concerning the preparation of various Annual Action Plans, the County advertised a substantial 0 amendment on May 20,2016 with a 30 day Citizen Comment period from date May 20,2016 to date June c 20,2016;and 0 Catholic Charities of Collier County 0 CD 16061D15#544 ,. Judy Sullivan Family Resource Center USFRC)Renovations 4 Page 1 41D Packet Pg. 1505 i161D6 m WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program;and E WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of E each in the undertaking the CDBG City of Naples Sidewalk Improvements; and a ea NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by c9 r.. the Parties as follows: .Q PARTI SCOPE OF WORK co 0 The Subrecipient shall,in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS)Division, perform the tasks necessary to conduct the program as follows: 2 0. a Judy Sullivan Family Resource Center(JSFRC)Renovations a co Description of project and outcome: C9 m CHS,as an administrator of the CDBG program,will make available CDBG funds up to the gross amount of$450,000 to the Catholic Charities of Collier County to renovate the Judy Sullivan r- Family Resource Center. The project will be for the exterior and interior building and site N renovations at the Judy Sullivan Family Resource Center located at 3174 Tamiami Trial East in c Naples,Florida. The project will include renovation activities which may include but are not limited to;wall reconfiguration,plumbing,electrical,Heating and Air conditioning,wall and floor treatments,roofing,driveway and parking reconfigurations,required co permitting,contingencies and associated project costs to complete the renovation. a> The property will be deed restricted for five(5)years commencing on the date of initially meeting d one of the National Objectives in accordance with 24 CFR 570.505. cc (If Applicable) 1.1 SPECIAL GRANT CONDITIONS _—°_ ca U A. Within thirty(30)calendar days of the execution of this agreement,the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty(30)days of award of this agreement: c ❑ Affirmative Fair Housing Policy Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 2 Packet Pg x;1506 I 15®6m ® Affirmative Action/Equal Opportunity Policy to ® Conflict of Interest Policy ® Procurement Policy o ® Uniform Relocation Act Policy a ® �Sexual Harassment Policy a .r ® Procedure for meeting the requirements set forth in Section 3 of the Housing and E Urban Development Act of 1968,as amended(12U.S.C. 794 1 u) 6 a. ® Procedures for meeting the requirements set forth in Section 504 of the m Rehabilitation Act of 1973,as amended(29 U.S.C. 794) .� ® Fraud Policyct C. Environmental Review Requirement (ERR) -No program costs can be incurred until an 11 environmental review of the proposed project is completed, and approved by HUD. m 0 Further,the Subrecipient will not undertake any activity or commit any funds prior to the z HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. c Violation of this provision will result in the denial of any reimbursement of funds under Ts this Agreement. P. o- o. a 1.2 PROJECT DETAILS •• N co CO A. Project Description/Project Budget ...- 0 m Description Federal Amount v Project Component 1: Construction and related activities for the exterior and $450,000 T interior building and site renovations at the Judy Sullivan Family Resource N Center located at 3174 Tamiami Trial East in Naples,Florida. The project cin will include renovations that may include but not limited to;wall N reconfiguration,plumbing,electrical,Heating and Air conditioning,wall and c floor treatments,roofing,driveway,contingencies and parking 2 to reconfigurations,required permitting and associated project costs to complete > the renovation. c a) CL Total Federal Funds: $450,000 m F as C.) The Subrecipient will accomplish the following checked project tasks: `-' O as.. ❑ Pay all closing costs related to property conveyance `° U O Maintain and provide to the County as requested beneficiary income certification CSI 1 73 documentation Cl) ® Maintain National Objective Documentation L El Provide Quarterly reports on National Objectives and project progress V ® Required attendance by a representative from executive management at quarterly c partnership meetings,as requested by CHS. m .o v Catholic Charities of Collier County 2 CD 1606 IDIS#544 Zi Judy Sullivan Family Resource Center(JSFRC)Renovations Page 3 Packet Pg.1507 .r A67,1D.6.m" �r ® Identify Lead Project Manager 1 ® Provide Site Design and Specifications c ® Comply with Davis Bacon Labor Standards E .1 Provide certified payroll weekly throughout construction and rehabilitation a ❑ Comply with Uniform Relocation Act(URA),if necessary Q ❑ Ensure applicable numbers of units are Section 504/ADA accessible 5 ® Ensure the applicable affordability period for the project is met 6 c a> B. National Objective a 5 The CDBG program funds awarded to Collier County must benefit low-moderate income persons 3 (LIVID. As such the Subrecipient shall be responsible for ensuring that all activities and cn G beneficiaries meet the definition of: _ 5 ® LMA—Low/Mod Area Benefit To ❑ LMC—Low/Mod Clientele Benefit 2 o 0 LMH—Low/Mod Housing Benefit a ❑ LMJ—Low/Mod Job Benefit •• N co co LMA: Must document where at least 51% of the residents are LMT persons which by v HUD determined eligible census tracts. Failure to achieve the national objective under this m� agreement will require repayment of the CDBG investment under this agreement. v LMC: Must document that at least 51% of persons served, are low to moderate income r. households, in order to meet a CDBG National Objective. Failure to achieve the national N objective under this agreement will require repayment of the CDBG investment under this c N agreement. N LMH: Must document providing or improving permanent residential structures, which c upon completion will be occupied by LMI households. Structures with three or more units must ca have at least 51% occupied by LMI households. Failure to achieve the national objective under °c this agreement will require repayment of the CDBG investment under this agreement. et LMJ:Must document job creation and retention LMI benefit national objective addresses a) activities designed to create or retain permanent jobs, at least 51% of which(computed on a full- as time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the v national objective under this agreement will require repayment of the CDBG investment under to this agreement. ,_ C. Performance Deliverables v N 'O Program Deliverable Deliverable Supporting Submission Schedule a) Documentation °_' Special Grant Condition Policies Policies as stated in this Within thirty(30)days of 5 U (Section 1.1) agreement agreement execution c Insurance Insurance Certificate Within 30 days of agreement m E Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 4 Packet Pg. 1508 1 '16.1:1.6,m execution and Annually within thirty(3 0)days of renewal a Detailed project Schedule Project Schedule Within thirty(30)days of E agreement execution m Project Plans and Specifications Site Plans and Specifications Prior to Construction Start LQ Submission of Progress Report Exhibit C Quarterly reports.Annual-Final c Financial and Compliance Audit Exhibit E Annually 9 months following end coL of FY until 2023 Continued Use Certification Continued Use Affidavit,if Annually until 2023 m applicable Revenue Plan for maintenance Plan approved by the County Initial Plan due after completiontr and Capital Reserve of rehabilitation and annually 'a thereafter until 2023 v) m m D. Payment Deliverables = 0 T Payment Deliverable Payment Supporting Documentation Submission Schedule o Project Component 1: • Submission of supporting • monthly Q- a documents must be provided as invoices <t Construction and related backup as evidenced by,banking cy co activities for the exterior documents,completed AIA and interior building and G702-1992 form or equivalent site renovations at the document per contractor's m ,---,, Judy Sullivan Family Schedule of Values and any 0 Resource Center located additional documents as needed. h at 3174 Tamiami Trial • Exhibit B c East in Naples,Florida. • 10%retainage will be withheld cc The project will include with each request for payment N interior and exterior and will be released upon c renovations that may completion of activities and final o include but are not limited close out monitoringca to;wall reconfiguration, o a plumbing,electrical, Heating and Air conditioning,wall and •floor treatments,roofing, c driveway and parking 0 reconfigurations, c) contingencies,required z permitting and associated v project costs to complete N the renovation. a d 0 Final 10% retainage held, will be released upon completion of project to meet a CDBG National 0 Objective.Failure on behalf of the subrecipient in achieving the National Objective under this agreement c m E c.) Catholic Charities of Collier County c CD 1606 IDIS#544 `t Judy Sullivan Family Resource Center(JSFRC) Renovations Page 5 Packet Pg. 1509 X16 D.6.m will require repayment of the CDBG investment under this agreement and aforementioned construction/rehabilitation agreement. d E 1.3 PERIOD OF PERFORMANCE CC Services of the Subrecipient shall start effective the date of the execution of this agreement and shall end on or before September 30,2017. m 1.4 AGREEMENT AMOUNT d The COUNTY agrees to make available Four Hundred Fifty Thousand Dollars($450,000.00 For the use by the SUBRECIPIENT during the term of the agreement (hereinafter, shall be � 1 referred to as the"Funds"). 0 1 Modification to the `Budget and Scope" may only be made if approved in advance. Budgeted To fund shifts among line items shall not be more than 10%of the total funding amount and does not o j signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be a made with Board approval. co The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of 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 perfonned are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations `° incurred duringthe term of this agreement. If no work has been performed during that month, or N 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 C4 perform the minimum level of service required by this agreement. 0 co Final invoices are due no later than 90 days after the end of the agreement. Work performed j during the term of the program but not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. c) The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. 0 U No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 6 Packet Pg 1510 16D6m, properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known '. N as the"Local Government Prompt Payment Act." E a) 1.5 COST PRINCIPLES L a) Q Payments to the Subrecipient are governed by the Federal grants management rules for cost a L allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section c9 (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR m 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for .� reimbursement shall identify the associated project and approved project task(s) listed under this a Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically g to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide o E adequate documentation for validating costs incurred.Payments to Subrecipient's contractors and m u vendors are conditioned upon compliance with the procurement requirements provided for in 2. o CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in > ,' compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart 2 E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the a Developer in order for the County to remain compliant with its obligation to follow 2 CFR N Subpart E. The Developer will use adequate internal controls, and maintain necessary source co documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. m �-. o C.) 1.6 NOTICES 0 N Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), c commercial courier,personal delivery, or sent by facsimile or other electronic means.Any notice N delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and c other written communications under this agreement shall be addressed to the individuals in the ca capacities indicated below,unless otherwise modified by subsequent written notice. c a) ce • COLLIER ATTENTION: Lisa Oien,Grant Coordinator m COUNTY 3339 E Tamiami Trail,Suite 211 .a Naples,Florida 34112 2 Email: lisaoien@colliergov.net o Telephone:(239)252-6141 t U Catholic Charities of ATTENTION:Mary Shaughnessy,District Director --a Collier County 2210 Santa Barbara Blvd. o Naples,Florida 34116 L Email:maryshaughnessy@catholiccharitiescc.org 8 U Telephone: (239)455-2655 a) E s 0 Catholic Charities of Collier County s CD 1606 IDIS#544 Q Judy Sullivan Family Resource Center(JSFRC) Renovations Page 7 Packet Pg ,1511.�: 1R m 4A 1/41/41/4 PART II GRANT CONTROL REQUIREMENTS a, 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its C7 representatives) may deem necessary, the SUBRECIPIENT shall make available all records, •18 documentation and any other data relating to all matters covered by the agreement for review, m inspection or audit. 22 Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer,or cn Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient 2 audits. • The determination of amounts of Federal awards expended shall be in accordance with guidelines co established by 2 CFR Part 200, Subpart F-Audit Requirements. =- CD 2.2 RECORDS AND DOCUMENTATION C)' ti The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to determine compliance with the requirements of this agreement,the CDBG Program and all other c applicable laws and regulations. This documentation shall include, but not be limited to, the following: o A. All records required by CDBG regulations. d B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. caC. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the a" purpose of this agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all L revenues and expenditures of funds provided directly or indirectly by this agreement, v 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, °' Catholic Charities of Collier County �^ CD 1606 IDIS#544 4 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 8 Packet Pg ;1512.' 16 D6€m, materials, equipment, supplies and services, and other costs and expenses of whatever N nature for which reimbursement is claimed under the provisions of this agreement. E D. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to CHS if requested. In any Q event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in cu a readily accessible, permanent and secured location for five (5)years after the date of c� submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all m litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this agreement of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all requirements for retaining public records and transfer, at no cost,to COUNTY all public c records in possession of the SUBRECIPIENT upon termination of the contract and 7 destroy any duplicate public records that are exempt or confidential and exempt from o public records disclosure requirements. All records stored electronically must be o provided to the COUNTY in a format that is compatible with the information technology •. systems of the public agency. cra1 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. O 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. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. co 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, 2 have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries,where applicable. cst 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 /—• Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 9 Packet Pg.,,1513 4916:111 exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. E 2.3 MONITORING a) u During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later nine(9)months after the Single Audit(or one hundred eighty(180) days (7 for Subrecipients exempt from Single Audit), after the Subrecipients 's fiscal year end. The COUNTY will conduct an annual fmancial and programmatic review. o. The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, o a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The 2 SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site a visits may be scheduled or unscheduled as determined by CHS or HUD. •• CO The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,waste, abuse, or non-performance based on goals and performance standards as stated with m all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this agreement. If corrective (11 action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified `O by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUE) Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records co related to performance of activities in this agreement. m 2.4 PREVENTION OF FRAUD AND ABUSE •L SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient v to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this 0 Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily •a i available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. c m E Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 10 Packet Pg 1514 --;10-D•6:61' SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent 111 waste,fraud and abuse. m SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any ca appropriate law enforcement authority,if the report is made in good faith. as 2.5 CORRECTIVE ACTION c9 r c 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. _ m In order to effectively enforce Resolution No. 2013-228,Community and Human Services(CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients,Developers,or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as �a follows: a a 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 Division co o within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity as c needed in order to correct the non-compliance issue. y 2. If in the case an Entity fails to submit the corrective action plan in a timely as manner to the Division,the Division may require a portion of the awarded grant amount be returned to the Division. et o d • The County may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity may be considered in violation of Resolution No.2013-228 v Q1 i 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 Division of their substantial non-compliance by certified mail; the Division may require a v portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed,be returned to the Division. c.) Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC)Renovations Page 11 Packet Pg. 1515 .y A�Uv3 Y • The Division may require upwards of ten percent(10%)of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity will be considered in violation of Resolution No.2013-228 co 4. If in the case after repeated notification the Entity continues to be substantially ami non- compliant, the Division may recommend the contract or award be terminated. • The Division 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. This includes the amount invested by the County for the Ta initial acquisition of the properties or other activities. Q. o. • The entity will be considered in violation of Resolution No.2013-228 N co 0) If in the case the Entity has multiple agreements with the Division and is found to be non- compliant,the above sanctions may be imposed across all awards at the BCC's discretion. o ti 2.6 REPORTS c co Reimbursement may be contingent on the timely receipt of complete and accurate reports N 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. o r sa During the term,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January,April,July and October respectively for the prior quarter period end. As part CL N of the report submitted in October,the SUBRECIPIENT also agrees to include,a comprehensivetr. 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 t� objectives set forth in Exhibit"C".Exhibit"C"contains an example reporting form to be used 0 in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes; the need for additional information or ti documentation arises; and/or legislative amendments are enacted. Reports and/or requested m documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this agreement. t.) m E Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 12 Packet Pg 1516 16D6m• PART III 1.1 TERMS AND CONDITIONS E 3.1 SUBCONTRACTS L 5 a) er r.+ No part of this agreement may be assigned or subcontracted without the written consent of theas COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and C9 judgment. 3.2 GENERAL COMPLIANCE 12 The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal N I 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 ra responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the 2 recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 Q and (3) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS •• N revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal,state and local laws,regulations,and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds v available under this agreement to supplement rather than supplant funds otherwise available. r c;"N 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 atall 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. U 3.4 AMENDMENTS 0 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 L- SUBRECIPIENT from its obligations under this agreement. Catholic Charities of Collier County CD 1606 IDIS#544 `t Judy Sullivan Family Resource Center(JSFRC)Renovations Page 13 Packet Pg:1517 1t ©Cm The COUNTY may, in its discretion, amend this agreement to conform with Federal, state or N 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 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. 3.5 AVAILABILITY OF FUNDS c 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 agreementre 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 m 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 beeffective 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 o agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the a 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 N harmless Collier County, its officers, agents and employees from any and all claims, liabilities, c 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 c 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 cc performance of this agreement. This indemnification obligation shall not be construed to negate, d 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 v claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments which may issue there-on.This Indemnification shall survive the termination and/or expiration of v 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. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS Catholic Charities of Collier County Vii-., CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC)Renovations Page 14 Packet Pg. 1518 1 16.D.6.m 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 IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN CD SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT.This design concept is intended to disseminate key information regarding the development team as well as •):12 Equal Housing Opportunity to the general public. Construction signs shall comply with c applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION 0 L In accordance with 2 CFR 200.339, this agreement may also be terminated for Cr 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 co 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 co agreement: N N 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 .111 may become applicable at any time; B. Failure,for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner m its obligations under this agreement; U C. Ineffective or improper use of funds provided under this agreement;or o I D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or v incomplete in any material respect. a) 4.. E. Submission by the SUBRECIPIENT of any false certification; O U F. Failure to materially comply with any terms of this agreement;and c U �`. Catholic Charities of Collier County CD 1606 IDIS#544 `t Judy Sullivan Family Resource Center(JSFRC)Renovations Page 15 Packet Pg. 1519 16 D6.m° G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. a 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: as A. Require specific performance of the agreement, in whole or in part; B. Require the use of or change in professional property management; •a3 C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds 11 SUBRECIPIENT has received under this agreement; D. Apply sanctions if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; ° Q. 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 co 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 co 0 In the event of a termination of this agreement and in addition to any and all other remedies ca available to the COUNTY (whether under this agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of ca termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). m The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right(nor excuse SUBRECIPIENT's obligation)to recoup all or any portion of the v funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). r U 3.10 INSURANCE w SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until °' v all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried,at all times during its performance. E Catholic Charities of Collier County Ve—\ CD 1606 IDIS#544 Judy Sullivan Family Resource Center QSFRC)Renovations Page 16 Packet Pg. 1520 I6.D 6.riii'.; 3.11 ADMINISTRATIVE REQUIREMENTS N The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Community Development Block Grants(24 CFR 570 et seq.). (Ln V 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through a .326)and Collier County's purchasing thresholds. N Range: Competition Required $0-$3,000 1 Written Quote $3,000-$10,000 3 Written Quotes $10,000-$50,000 3 Written Quotes $50,000+ Bids,Proposals,Contracts(ITB,RFP,etc) a 0. a All improvements specified in Part I. Scope of Work shall be performed by Subrecipient 00 employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The Subrecipient shall enter into contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. co �o 3.13 PROGRAM GENERATED INCOME 0 ca No Program Income is anticipated. In the event there is Program Income derived from the use of 'o CDBG funds disbursed under this agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the Community Development Grant Program. Any "Program m Income" (as such term is defined under applicable Federal regulations) gained from any activity :0 L of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan,utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. In the o event there is a program income balance at the end of the Program Year,such balance shall revert to the COUNTY's Community Block Grant Program,for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are v completed. The Subrecipient may close out the project with the County after the year Catholic Charities of Collier County Y CD 1606 IDIS#544 a Judy Sullivan Family Resource Center(JSFRC) Renovations Page 17 Packet Pg. 1521 16D6m; affordability period has been met, if applicable. 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 Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes Q regarding records maintenance, preservation and retention. A conflict between state and federal L law records retention requirements will result in the more stringent law being applied such that 0 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 o to which the SUBRECIPIENT is entitled under the terms and conditions of this agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE 73 0 0. The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be Q• 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 COCra receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this agreement. o t,/^‘ 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 co 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 N Section 3 of the Housing and Community Development Act of 1968. ca 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES cL U) a) 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 v I (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 v business enterprises in lieu of an independent investigation. E Catholic Charities of Collier County nom. CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 18 Packet Pg. 1522 16.D 6.m 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 or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves L beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted t7 under this agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit"C"of this agreement. ce S F i 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 provided in 70* President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide 2 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 o the five year period and must be submitted to County within 30 days of update/modification. C9 m I 3.19 CONFLICT OF INTEREST ti 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, c direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner y 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 2 CFR 200.318, 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 CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that v maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. V 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 t. 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 t Catholic Charities of Collier County Q CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC)Renovations Page 19 • Packet Pg. 1523 16 D6.mi using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided,however,that this paragraph shall be interpreted in such a manner so 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. `t 6. c� L 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious 5 organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The ce SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: - N 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. To 0 L B. It will not discriminate against any person applying for public services on the basis of a. religion and will not limit such services or give preference to persons on the basis of •• religion. co C. It will retain its independence from Federal, State and local governments and may m continue to carry out its mission, including the definition, practice and expression of its v - religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities,such as worship,religious instruction or proselytizing. coD. The funds shall not be used for the acquisition,construction or rehabilitation of structures N 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 ec applicable to CDBG funds in.this part. Sanctuaries,chapels, or other rooms that a CDBG 'a+ funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. c(a 6 3.21 INCIDENT REPORTING co If services to clients are to be provided under this agreement, the subrecipient and any13 subcontractors shall report knowledge or reasonable suspicion of abuse,neglect, or exploitation of a child,aged person,or disabled adult to the County. • c U 3.22 SEVERABILITY E v Catholic Charities of Collier County 44: � CD 1606 IDIS#544 ` Judy Sullivan Family Resource Center(JSFRC)Renovations Page 20 Packet Pg.X1524, 16.D6.m• 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. m L � E id C ILn V d 3 a) .a N Z l O Ta > I 2 Q Q N co j U 0 t0 V." N co C O :F. ns O C d d U 'o rtsN CDV O , U c _ Catholic Charities of Collier County co CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC)Renovations Page 21 Packet Pg. 1525, 16.D6m PART IV n GENERAL PROVISIONS aci E a> 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program a) ) http://www.law.cornell.edu/cfi/text/24/part-570 a c 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: 6 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24efr58 main 02.tpl ai 3 4.3 Section I04(b) and Section 109 of Title I of the Housing and Community Development Act of r 1974 as amended -a http://portal.hud.gov/hudportaUHUD?src=/program_offices/fair housing_equal_opp/FH 0 p Laws/109 = w 0 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 1..i E.O. 11063 — Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal opp/FH Laws/EXO11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programshttp://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 r 0 N co 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as c N amended N http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal_opp/prog o desc/title8 0 c a) 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which rc cn prohibits discrimination and promotes equal opportunity in housing. aa) http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vola/pdf/CFR-2007-title24-vol3-sec570- .o 602.pdf U v -3.- 4.7 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 v with federal funds and as supplemented in Department of Labor regulations. EO 11246: "0 http://www.eeoc.govieeoc,/history/35tb/thelaw/eo-11246.html al o EO 11375 and 12086: see item#8 below o U 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of m 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements E v Catholic Charities of Collier County ca CD 1606 IDIS#544 . Judy Sullivan Family Resource Center(JSFRC)Renovations Page 22 Packet Pg. 1526 ` 1 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 E a) 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban ;y as Development Act of 1968,as amended. Compliance with the provisions of Section 3 of the HUD 'Q Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all os applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal fmancial assistance provided under this contract and binding upon the m COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and Q subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the re 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. c The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to Q. include the following language in all subcontracts executed under this agreement: a. N "The work to be performed under this agreement is a project assisted under a program providing co 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 (.9 requires that to the greatest extent feasible opportunities for training and employment be given to V 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 N co 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- a) 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 v 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 v 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 U located,and to low-and very low-income participants in other HUD programs. E v Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 23 Packet Pg. 1527 160;6 mE. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that -13 would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24efr135 main 02.tpl CDL 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/EXO11063 11246:http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375:Amended by BO 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 o Ta 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 a •N 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K. o 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 u^� 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm N6 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. y ° http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 29 CUR 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). U 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in 0`-c.)whole or in part byLoans or Grants from the United States- r http://www.law.cornell.edu/cfr/text/29/part-3 cc°i 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- L 5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects.http://www.presidency.ucsb.edu/ws/index.php?pid=23675 = Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(IS FRC) Renovations Page 24 Packet Pg. 1528 16.D.6.m N 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.Q. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http:!/www.mbda.gov/node/333 L HUD Circular Letter 7945 Q ft 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 3 provisions in Section 109 of the HCDA are still applicable. o 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- = 1 vol3-sec570-608.pdf E.O. 13279:http://fedgovcontracts.com/pe02-192.htm To o � 4.18 Public Law 100430-the Fair Housing Amendments Act of 1988. a http://www.ncbi.nlm.nih.gov/pubmed/12289709 •• oo 4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit requirements for Grants and Agreements. m � o 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html co4.21 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 HI,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- m http://bccsp 01/S iteDirectory/ASD/HR/labor/CMAs/Shared%20D ocu ments/CMA%205 311.1% 20Standards%20of%20Conduct.pdf v 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the 0 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 1.1 Documents cannot be resolved by application of the Supplemental Conditions, if any,or the agreement, the conflict shall he resolved by imposing the more strict or costly obligation under t. the Contract Documents upon the Contractor at Owner's discretion. a)E Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 25 Packet Pg. 1529 16©.6m; i 1 4.23 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 E Collier County, FL which courts have sole jurisdiction on all such matters. (No reference 2us required for this item). c asL 4.24 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 m resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or 3 mediation shall be attended by representatives of SUBRECIPIENT with full decision-making re authority and by COUNTY'S staff person who would make the presentation of any settlement 6 reached during negotiations to COUNTY for approval. Failing resolution, and prior to the o commencement of depositions in any litigation between the parties arising out of this agreement, _ the parties shall attempt to resolvethe dispute through Mediation before an agreed-upon Circuit 6 Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as To required hereunder,the other party may obtain a court order requiring mediation under§ 44.102, 2 Florida Statutes.The litigation arising out of this agreement shall be Collier County,Florida, if in o. a state court and the US District Court, Middle District of Florida, if in federal court. BY N ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT c 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. m http://www.flsenate.gov/Laws/Statutes/2010/44.102 c..>„.4 ti 0 4.25 The SUBRECIPIENT agrees to comply with the following requirements: (11 co a. Clean Air Act,41 USC 7401,et seq.http://www.law.cornell.edu/uscode/text/42/7401 c b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. y http:/lwww.law.cornell.edu/uscode/text/33/chapter-26 0 as 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 aaa) and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in re an area identified by FEMA as having special flood hazards, flood insurance under the National m Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendmentas (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the v cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- `- 0 idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1:3.4.11.1.6&idno=24 c N 13 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures witho assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning o Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx7 (.) c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. m 1.1.3.4.11.1.9&idno=24 _ c) Catholic Charities of Collier County sa -N CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 26 Packet Pg. 1530 16.D;6.n x 4.28 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/nhpal966.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 U included on a federal, state or local historic property list. http://www.nps.gov/history/local- c law/nhpa1966.htm co 4.29 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 0 L a. 4.30 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 N transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not c 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 CO CFR 570.609,Subpart K. v 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 N N I 4.31 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, 03 utilize adequate internal controls, and maintain necessary source documentation for all costs °c incurred.These requirements are enumerated in 2 CFR et seq. N 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be as submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal v year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the j Subrecipients fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. L U Clarification of Eligible Audit Costs m E Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 27 Packet Pg. 1531. 1643.6.m The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost 7/3 certification of costs performed by a certified public accountant. This has always been an eligible m cost;the amendment clarifies and codifies this. http://www.law.cornell.edu/cfrltext/24/92.206 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects `t 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 •3 acquired or improved in whole or part with CDBG funds in excess of$25,000,must adhere to the ce 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 N http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.34 As provided in § 287.133, Florida Statutes by entering into this agreement or performing any ra work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, a subcontractors and consultants who will perform hereunder, have not been placed on the a convicted vendor list maintained by the State of Florida Department of Management Services N within the 36 months immediately preceding the date hereof. co This notice is required by§287.133 (3)(a),Florida Statutes. http://www.lawserver.com/law/state/florida/statutes/florida statutes 287-133 v^ 4.35 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 c11a Member of Congress, an officer or employee of Congress, or an employee of a Member of c Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.If any funds other than Federal appropriated funds have been paid ao�i 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 co 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 ;c documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under v grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. a) 4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. _ d E s c) Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC)Renovations Page 28 Packet Pg. 1532 16 D.6.m. 4.37 Any rule or regulation determined to be applicable by HUD. c � 4.38 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 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida statutes_119-021 ami _ 0 4.40 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 co X (Signature Page to Follow) a Q. N c 6r (7 ' 0 II ice. U o N <D N co O :i. ttt O to 14 L U •p s I U � V I c.) Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 29 Packet Pg. 1533 16 Ds:m: IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. L ATTEST: BOARD OF COUNTY CONvIISSIONERS OF DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA C7 By: - ,Deputy Clerk DONNA FIALA,CHAIRMAN Date: _6N CATHOLIC CHARITIES DIOCESE OF VENICE, Dated: INC. dba CATHOLIC CHARITIES OF COLLIER (SEAL) COUN o L Sharon B.Arago a,M. ' . Chief Operating Officer / o Date: q 4 0 6 r- m U�1 Approved as to form and legality: `\` 1 N T O Jennifer A.Belpedio re. .c County Attorney \ Date: +' as U u 0 m Catholic Charities of Collier County CD 1606 IDIS##544 ^ Judy Sullivan Family Resource Center JSFEC) Renovations Page 30 • Packet Pg. 1534 16.D6 m= PART V c EXHIBITS E r EXHIBIT A a INSURANCE REQUIREMENTS ,_co The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. o x } 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. °o. a 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in N CO 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. U DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as (11 follows: o N N I 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 to services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in m 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 c� insured. CONSTRUCTION PHASE(IF APPLICABLE) ci In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its a Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: U m Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 31 Packet Pg. 1535 16.D 6.m`' 5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one .1 .11 (100%)percent of the insurable value of the building(s)or structure(s). The policy shall w be in the name of Collier County and the SUBRECIPIENT. E m a) 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. Q 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the L 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 aa) .Q of financial assistance for acquisition or construction purposes(including rehabilitation). 'LI a) n: OPERATION/MANAGEMENT PHASE(IF APPLICABLE) N After the Construction Phase is completed and occupancy begins,the following insurance must be kept in 0 force throughout the duration of the loan and/or contract: z w 0 7. Workers' Compensation as required by Chapter 440,Florida Statutes. > 0 a 8. Commercial General Liability including products and completed operations insurance in the a amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown N CO as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in m connection with this contract in an amount not Iess than$1,000,000 combined single limit U/"`\ for combined Bodily Injury and Property Damage. Collier County as an additional insured. n 0 N '42 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred c (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee c with respect to this coverage A.T.I.M.A. 0 'r-,-3 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full d replacement values of the structure(s) or the maximum amount of coverage available through the w co National Flood Insurance Program(NFIP).The policy must show Collier County as a Loss Payee m Pi... L 0 s U 0 t- :2 r R U N .0 a) r+ U a> L L 0 C.) 4d c 0 E t C) Catholic Charities of Collier County o CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 32 Packet Pg:1536 16.D.6.m; EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES E REQUEST FOR PAYMENT Q SECTION I:REQUEST FOR PAYMENT = Subrecipient Name: ai Subrecipient Address: Q Project Name: 0 Project No: Payment Request# .$ Total Payment Minus Retainage in Period of Availability: through o Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS > Grant Amount Awarded $ Q. Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum of Past Claims paid on this Account $ a Amount of Previous Unpaid Requests $ Amount of Today's Request $ m 10%Retainage Amount Withheld $ v Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ c I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and c belief,all grant requirements have been followed. +, 0 Signature Date m Title U Authorizing Grant Coordinator Authorizing Grant Accountant 0 Supervisor Division Director (Approval required$15,000 and above) (Approval Required$15,000 and above) N m � E � Catholic Charities of Collier County a CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 33 Packet Pg. 1537 161 6.m; EXHIBIT C r QUARTERLY PERFORMANCE REPORT DATA a) a) GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performanc' Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipien t9 shall submit the information contained herein within ten (10)days of the end of each calendar quarter. •Q QUAR 1•IRLY PROGRESS REPORT Sub-recipients:Please fill In the following shaded areas of the report Agency Name: Catholic Charities of Collier County Date: To O O Project Title: Judy Sullivan Family Resource Center Renovations Q. 0 Alternate N Program Contact: Mary Shaughnessy,District Director Contact: co C9 Telephone Number: (239)239-237-7101 m U�1 Activity Reporting Period Report Due Date October 1a-December 3131 January 10th January 3ln—March 31s1 April 10th coo April 1g—June 30"' July 10th N July 1st—September 30th October 10th 0 tC Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. C m f Pleaseclistth outcWgWtgOgiome goal(s)ficem y+ou. appro ed �tto>l&sul -recipien g e"�ntand Indi tyur progt 'tn eeting .°22 1. diose goals since iwos%A n ng- the itt t tit ' ` ri „4r.. ,:moi ._...,„ w... A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. v 0 Outcome 1: Construction and related activities for the exterior and interior building and site renovations as at the Judy Sullivan Family Resource Center located at 3174 Tamiami Trial East in Naples,Florida. The N I project will include interior and exterior renovation may include but not limited to;wall reconfiguration, m plumbing,electrical,Heating and Air conditioning,wall and floor treatments,roofing,driveway and parking reconfigurations,reqwired permitting,contingencies and associated project costs to complete the v renovation. 4; c a) Outcome 2: Project complete and National Objective achieved and documented: LMA Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 34 Packet Pg. 1538 I6.D.6.m 'n E C) Q C ,Ln V C B.Goal Progress:Indicate the progress to date in meeting each outcome goal. .11 to ! � f = 1 w I ri, Is this project still in mpliiance with the original project schedu le?if than 2 mor s behind schedule 2. must submit Amw:41roftwIptiapproala§ittfigfignonsm.,:w.Foweggegtoog:::omosommem Q r I 0 ❑ m Yes No V ti If no,explain: tC O N N C 3. Since October;1,201fi,pf the persons assisted,how many m a. ...now have new access(continuing)to this service or benefit? rn d b. ...now has improved access to this service or benefit? ra b. ...now has improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 (.) N afgagnenNEWORRAPMANNYROLVOgiagandalealiatengaggeMatiMatgagitgeat 4. Wast funding sources tare applied for this pe it d.I program year,? a r y Other Consolidated Plan Funds CDSG U Other Federal Funds ESG m .,acholic Charities of Collier County `t CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC)Renovations Papp 3S:,- Packet Pg,,1539 State/Local Funds HOME a) E Total d L Entitlement ay Total Other Funds $ 0.00 Funds $ 0.00 a_ U w C a) i, O N T O IL QQQ N CO O CD N N C O C6 O C • d L U ca to 'a L L U 4.0 a) Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Pace 36 Packet Pg. 1540 16:D6.m` 5. What;s the total number of UNDUPLICATED clients served this quarter,if applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 d TOTAL: 0 TOTAL: 0 c. Total No.of families served: Total No.of female head of household: 0 6. What:is the total number of UNDUPLICATED clients served sifice`October,if,applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 v m TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No,of female head of household: 0 tt) Complete EITHER Question#7 OR#8, Complete question#7 if your program Qi serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category. PO NOT COMPLETE BOTH QUESTION 7 AND 8 FR S ,fitEPBEPIEFIGIARY DATAf ii:'; ,.:: qMllRB1=;Ng.1=JCIAFtY gAT11,iNDQ1Vie�O . :< Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served 2 since October 1 who fall Into each presumed benefit category since October 1 who fall into each income category(the total a. (the total should equal the total in question#6) should equal the total in question#6) REPORT AS: REPORT AS: O Abused Children Homeless 0 Extremely low Income(0-30%) N O O Person Battered 0 Low Income(31-50%) O Battered Spouses 0 Moderate Income(51-80%) O Persons w/HIVIAIDS 0 Above Moderate Income(>80%) m 0 Elderly Persons V ti O Veterans r 0 ChronicallylMentally la N f0 O Physically Disabled Adults r' O O Other-Youlh N N TOTAL: 0 TOTAL: 0 O dr R O to to U v O t cc • tY V � L � U i c �\ r Catholic Charities of Collier County `t CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC)Renovations Page 37 Packet Pg. 1.541- i6.D6 m c EXHIBIT D INCOME CERTIFICATION Q = 9 INSTRUCTIONS f ca Complete form,and retain appropriate supporting documentation,to document providing CDBG assistance �`ry to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. 'E •V 3 Effective Date: re A. Household Information y Member Names—All Household Members Relationship Age 1 2 a 3 4 c•, 5 w 6 7 m 8 ti B. Assets:All Household Members,Including Minors (14 coMember Asset Description Cash Value Income from Assets a 0 1 2 a 3 N a) 5 6 = U 7 8 0.00 Total Cash Value of Assets 13(a) 0.00 v Total Income from Assets B(b) 0.00 -13 If line B(a)is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) r c m E c) Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 38 Packet Pg 1542 16.D 6.m C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf of Minors c E Member Wages/ Benefits/ Public Other Salaries Pensions Assistance Income Q (include tips, Asset c commissions, Income co bonuses,and overtime) (Enter the m 1 greater of U 2 box B(b)or a 3 box B(c), I above,in cn 4 box C(e) a 5 below) x 6 0 7 > 8 0 a. Totals (a) (b) (c) (d) (e) a OD Enter total of items C(a)through C(e). 0.00 c' This amount is the Annual Anticipated Household Income. m ,..—` D. Recipient Statement: The information on this form is to be used to determine maximum v income for eligibility. I/we have provided, for each person set forth in Item A, acceptable ti r verification of current and anticipated annual income. I/we certify that the statements are true e and complete to the best of my/our knowledge and belief and are given under penalty of up perjury. N N WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations O concerning income and assets or liabilities relating to financial condition is a misdemeanor of the > fust degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. c CD Ce N a, r. Signature of Head of Household Date 2 V C) 0 Signature of Spouse or Co-Head of Household Date a j N V d .5 I d Adult Household Member(if applicable) Date (`6 I c a> E Adult Household Member(if applicable) Date 0 Catholic Charities of Collier County a CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Page 39 Packet Pg. 1543 '16.D.6.m E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitutes)a: cu E i ❑ Very-Low Income (VLI) Household means and individual or family whose annual income does L not exceed 30 percent of the area median income as determined by the U.S. Department of ct Housing and Urban Development with adjustments for household size. to(Maximum Income Limit$ ). c a) ❑ Low Income (LI) Household means and individual or family whose annual income does not o. exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). cn z ❑ Moderate Income(MOD)Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of o Housing and Urban Development with adjustments for household size. c (Maximum Income Limit$ ). a ct Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County,Florida. co Signature of the CDBG Administrator or His/Her Designated Representative: C7 m U ti Signature Date N co Printed Name Title c F. Household Data Number of Persons By Race/Ethnicity By Age Native American Hawaiian or Other 0— 26— 41 — a' Indian Asian Black Other Pac. White 25 40 61 62+ Islander v Hispanic o Non- is Hispanic -a d NOTE:Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. E .a Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations pave 40 Packet Pg. 1544 16.D.6.m, EXHIBIT E ANNUAL AUDIT MONITORING REPORT C h iv � 4 Ij Circular CFR`200 500'requires Collier County to monitor subrecipients of federal awards to determine if 5 :subrecipients are compliant with established';:audit requirements Accordingly, Collier County requires that all appropriate documentation is provided regarding your organizations compliance In determining Federal awards expended in a fiscal year,the entity must consider all sources of Federal awards based. on when the activity related to the federal award occurs, including any Federal award provided by Collier a County The 'determination of amounts of Federal awards expended shall be in accordance with guidelines established°:by 0MB Circular A 133, for fiscal years:beginning before December 26,.2014,.and established by 2 n CFR Part 200, Subpart F' Audit Requirements for fiscal years:beginning on or after December126, 2014.. This farm may be used to monitor Flonda Single Audit Act(Statute 2'15-94 requirements.` Subrecipient Catholic Charities of Colllier County; o Name ; First Date of Fiscal Year:(MM/DD/YY)• Last:Date Fiscal Year(MM/DD/YYJ 2 TotallFederal Firiancial Assistance Expended Total State Financial Assistance Expended during during most recent{y completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been r i Q met and a Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be N completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. N B.We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F c because we: �. ❑ ID Did not exceed the expenditure threshold. for the fiscal year indicated above o ❑ Are a for-profit organization ❑ Are-exempt for other reasons--explain re An audited financial statement is attached and if applicable, the independent auditor's management a letter. L C. Findings were noted, a current Status Update of the responses and corrective action plan is i; included separate from the written response provided within the audit reports.While we understand c) n that the audit report contains a written response to the finding(s), we are requesting an updated o status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. V implemented and when it was or will be implemented. Certification Statement M hereby certify that the above information is true and•accurate Signature Date Print Name and Title Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations TPacket Pg. 1545 .16D6m`. 06/15 C m E m m L C `L V w C d 'Q 0 d .0 co 0 O > O Q Q CO O CD m tD N N O O V Catholic Charities of Collier County CD 1606 IDIS#544 Judy Sullivan Family Resource Center(JSFRC) Renovations Packet Pg7 1546