Backup Documents 09/26/2017 Item #11J (Boys & Girls Club) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT '
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIC, _ I
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Michelle Rubbo CHS j y/7
2. Jennifer A. Belpedio County Attorney Office
aCo
3. BCC Office Board of County
it cJl
Commissioners `I-t\J/5j <-\\-zzAn
4. Minutes and Records Clerk of Court's Office 4-7 Cy IZAlil" I
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number
Contact/ Department Rose Munoz 252-5713
Please call for pick up
Agenda Date Item was 09/13/2.01-7 Ci/� /, 7 / Agenda Item Number � �
Approved by the BCC I 1
Type of Document CDBG Agreeme as follow. Number of Original 3 —agreements each
Attached IMO,CC , Legal Aid!BGCCC,"UCP, Documents Attached
and CAC
PO number Cr account at) b
numberif document is to be 11
recorded •a 6 t T Rel-164e d
pc„,,_ 6 0 CA. 1 c •
-
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Does the document require the chairman's original signature?STAMPED SIGNATURE IS ok yes
2. Does the document need to be sent to another agency for additional signatures? If yes, no
_ provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. `
3. Original document has been signed/initialed for legal sufficiency. (All documents to be yes
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the yes
document or the final negotiated contract date whichever is applicable.
6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's yes
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware o .your deadlines!
8. The document was approved by the BCC on ON-1172017 ,2-band all changes yes N/A is not
made during the meeting have been incorporated in the attached document. The an option for
County Attorney's Office has reviewed the changes,if applicable. t.4is line.
I 9. Initials of attorney verifying that the attached document is the version approved by the 'I14 is not
BCC,all changes directed by the BCC have been made,and the document is ready for the a13/option for
Chairman's signature. its line.
l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03 04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
FAIN# B-17-UC-12-0016 11J
Federal Award Date Est. 10/2017
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $50,000
Funds Awarded
Subrecipient Name The Boys&Girls Club
of Collier County,FL,
Inc.
DUNS# 018696208
FEIN 65-0279110
R&D No
Indirect Cos`Rate No
Period of Performance 10/01/2017-09/30/2018
Fiscal Year End 5/31
Monitor End: 12/2018
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE BOYS& GIRLS CLUB OF COLLIER COUNTY,FL,INC.
THIS AGREEMENT is made and entered into th•is day of 20 17, 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 The Boys & Girls Club of Collier
County, Florida, Inc., ("Subrecipient"), having its principal office at 7500 Davis Boulevard, Naples, FL
34104 and 1155 Roberts Avenue,Immokalee,FL 34142.
WHEREAS, the County has entered into an agreement with the United States Department of
Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community
Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing
and Community Development Act of 1974(as amended); and
WHEREAS,the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan—One year Action Plan for Federal Fiscal Year 2017-2018 for the CDBG Program with
Resolution 2017-113 on June 27,2017—Agenda Item 16D-14; 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 June 9,2017 with a 14 day Citizen Comment period from June 9,2017 to June 26,2017; and
WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County
CDBG program; and
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WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations oi
each in the undertaking the CDBG Public Services-Immokalee Transportation and Youth Development
Programs .
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as a
condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services (CHS)Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Public Services-Immokalee Transportation and Youth Development Programs
Description of project and outcome: CHS, as an administrator of the CDBG program, will make
available FY2017-2018 CDBG funds up to the gross amount of$50,000 to the Boys&Girls Club
of Collier County to fund:
Transportation services,staffing and supplies for out-of-school youth development programs
1.1 GRANT AND SPECIAL 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,
excluding Public Service projects.
B. The following resolutions and policies must be adopted by the Subrecipient's governing
body within thirty(30)days of this agreement:
Affirmative Fair Housing Policy
® Affirmative Action/Equal Opportunity Policy
Conflict of Interest Policy
Procurement Policy
Uniform Relocation Act Policy
�I Sexual Harassment Policy
n 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)
�1 Fraud Policy
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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/Project Budget
Public Services-Immokalee Transportation&Youth Development Programs Federal Amount
Project Component 1: Transportation services from school to the organizations $50,000
campus to youth neighborhoods and provide staffing and supplies for out-of-school
youth development programs
Total Federal Funds: $50,000
The Subrecipient will accomplish the following checked project tasks:
n Pay all closing costs related to property conveyance
® Maintain and provide to the County, as requested, beneficiary income certification
documentation
• Maintain National Objective Documentation
® Provide Quarterly Reports on National Objectives and project progress
® Required attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS.
U 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
n 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
n 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 beneficiaries
meet the defmition of:
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❑ LMA—Low/Mod Area Benefit
® LMC—Low/Mod Clientele Benefit
❑ LMH—Low/Mod Housing Benefit
I I LMJ—Low/Mod Job Benefit
LMA:Must document where at least 51%of the residents are LMI persons based on HUD
determined eligible census tracts. Failure to achieve the national objective under this agreement
will require repayment of the CDBG investment under this agreement.
LMC: Must document that at least 51% of persons served, are low to moderate income
persons or households,in order to meet a CDBG National Objective.Failure to achieve the national
objective under this agreement will require repayment of the CDBG investment under this
agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
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. The 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 Not Applicable
Project Plans and Specifications Site Plans and Specifications Not Applicable
Submission of Progress Report Exhibit C Quarterly within 10 days
following the end of the quarter.
Final after closeout monitoring
Financial and Compliance Audit Exhibit E Annually,nine(9)months for
Single Audit OR one hundred
eighty(180)days after FY end
Continued Use Certification Continued Use Affidavit, if Not Applicable
applicable
Revenue Plan for maintenance Plan approved by the County Not Applicable
and Capital Reserve
Program Income Reuse Plan Plan Approved by the County Annually
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E. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: fund up to Submission of monthly invoices and Submission of
$50,000 for activities which will backup as evidenced by Exhibit B and: monthly invoices.
include but not be limited to
transportation services; and Invoices(s)/timesheets/Payroll Per occurrence
Registers/Summary/canceled checks or
Funding for the youth banking statement/banking documents
development programs including supporting payroll and any additional
staffing and supplies for out-of- documentation as requested
school youth development
programs Final 10%retainage released upon final Annually
completion of activities and monitoring
clearance
Final 10% retainage 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 by the subrecipient to
achieve the National Objective will require repayment of the CDBG investment under this agreement.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1,2017 and shall end on September 30,2018.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available Fifty Thousand Dollars and no cents($50,000.00) for use
by the SUBRECIPIENT, during the term of the agreement(hereinafter, shall be referred to as the
"Funds").
Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund
shifts among line items shall not be more than 10%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. SUBRECIPIENT may expend funds only for allowable costs resulting from
obligations incurred during the term of this agreement. Invoices for work performed are required
every month. If no work has been performed during that month, or if 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.
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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.
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 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, 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.
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COLLIER COUNTY ATTENTION: Rose Munoz,Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples,Florida 34112
Email: RosaMunoz@colliergov.net
Telephone: (239)252-5713
SUBRECIPIENT ATTENTION: Theresa Shaw,President&CEO
7500 Davis Boulevard
Naples,Florida 34104
Email: mailto:TShaw@bgccc.com
Telephone: (239)325-1725
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available all records, documentation and
any other data relating to all matters covered by the agreement for review,inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days
after receipt 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.
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,materials,
equipment, supplies and services, and other costs and expenses of whatever nature for
which reimbursement is claimed under the provisions of this agreement.
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D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, 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 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 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. 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. 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. 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 COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that 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.
2.3 MONITORING
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During the term, SUBRECIPIENT shall submit an annual audit 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 year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a 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.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards, as stated, with all
other applicable laws,regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. 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 of the
Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant
events are to be clearly documented and the documentation shall be readily available for monitoring
by 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.
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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 COUNTY Resolution No.2013-228,CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients,Developers,or any entity receiving grant
funds from CHS. 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 CDBG 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
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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 the
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,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.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants(CDBG)),including subpart K of these regulations,except
that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and(3)the 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 laws, regulations, and policies governing the funds provided under this
contract. The SUBRECIPIENT further agrees to utilize funds available under this agreement to
supplement rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall at all times remain an"independent contractor"with respect to the services to be performed
under this agreement. The Grantee shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation
Insurance, as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this agreement, at any time, provided that such
amendments make specific reference to this agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the Grantee's governing
body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or
SUBRECIPIENT from its obligations under this agreement.
The COUNTY may,in its discretion,amend this agreement to conform with Federal,State or Local
governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding,the scope of services,or schedule of the activities to
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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,or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project,the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available.In either 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
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.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements,descriptions of the sponsorships of the Program,research reports and similar public
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notices,whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf
of,and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of 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 determines 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;
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;
G. Failure to materially comply with the terms of any other agreement between the County
and the SUBRECIPIENT relating to the project.
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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
that 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
said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
agreement.
3.11 ADMINISTRATIVE REQUIREMENTS
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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 Verbal Quote
$3,000-$10,000 3 Verbal 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 five (5)
year continued use period has been met (for public services, "after the expiration of the
Agreement"). 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
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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
defmition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed
or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT
may rely on written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
3.17 PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the beneficiaries of a project funded through this agreement
must be low- and moderate- income persons or presumed to be low to moderate income persons
based on applicable regulation, if the agreement is meeting a national objective through a LMI
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strategy.If the project is located in an entitlement city,as defmed 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 defmed
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 fmancial 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",2 CFR 200.318,
and the State and County statutes, regulations, ordinance or resolutions governing conflicts of
interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an entity
owned or controlled, in whole or in part,by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified and that the costs are reasonable.
Approval of an identity of interest contract willbe in the COUNTY's sole discretion.This provision
is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own
employees.
Any possible conflict of interest on the part of the SUBRECIPIENT,its employees or its contractors
shall be disclosed,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
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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 defmition, 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.
3.22 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.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr58 main 02.tpl
4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal_opp/FHLaws/10
9
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
Executive Order 11063—Equal Opportunity in Housing
https://portal.hud.gov/hudportalVHUD?src=/program_offices/fair housingequal opp/FHLaws/E
X011063
Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.comell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as
amended
h .s://.ortal.hud.'ov/hud•ortal/HUD?src=/.roe am offices/fair housing e.ual of ro
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.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vola/pdf/CFR-2007-title24-vo13-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.eeoc.govieeoc/history/35th/thelaw/eo-11246.html
EO 11375 and 12086: see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC§2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for
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employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or -
Affirmative Action employer.
https://www.eeoc.gov/laws/statutes/titlevii.cfm
4.9 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 fmancial assistance provided under this contract and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include
the following language in all subcontracts executed under this agreement:
"The work to be performed under this agreement is a project assisted under a program providing
direct Federal 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 low-and
very low-income residents of the project area, and that contracts for work in connection
with the project be awarded to business concerns that provide economic opportunities for low-
and very low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located;where feasible,priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located,and to
low-and very low-income participants in other HUD programs.
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tpl
4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975 https://www.dol.gov/oasam/regs/statutes/age_act.htm
11063:
https://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/E
X011063
11246:https://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
11375:Amended by EO 11478
11478:https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086:https://www.archives.gov/federal-register/codification/executive-order/12086.htm1
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://usaceengineerin gpamp lets2.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: https://www.epa.gov/civilrights/sec504.htm
29 USC 776:https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990 https://www.thwa.dot.gov/realestate/ua/index.htm
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 -Regulations 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, by Loans or Grants from the United States -
https://www.law.cornell.edu/cfr/text/29/part-3
29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://www.law.cornell.edu/cfr/text/29/part-5
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Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects.https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.html
4.17 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: https://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010-title24-
vol3-sec570-608.pdf
E.O. 13279:http://www.fedgovcontracts.com/pe02-96.htm
4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://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.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.20 Immigration Reform and Control Act of 1986
https://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-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112_part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.22 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
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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.
4.23 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 adjudicated in Collier County,Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act,41 USC 7401, et seq.https://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://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.
https://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 the HUD Lead-Based Paint Poisoning
Boys&Girls Club of Collier County
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Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vol3/CFR-2000-title24-vol3-secs 70-608-id 163
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.
https://www.nps.gov/history/local-law/nhpa1966.htm
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800 main 02.tpl
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State or Local historic property list.
https://www.nps.gov/history/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).
https://www.Qpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10-
sec701
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.
https://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 applicable,
and agrees to adhere to the accounting principles and procedures required therein,utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200,et seq.
4.32 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.
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https://www.ecfr.gov/cgi-bin/text- .
idx?SID=5a78addefff9a535e83fed3010308aef&mcrtrue&node=se2.1.200 1344&rgn=div8
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost
certification of costs performed by a certified public accountant. This has always been an eligible
cost;the amendment clarifies and codifies this.
https://www.law.comell.edu/cfr/text/24/92.206
433 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including,but not limited to,the provisions on use and disposition of
property.Any real property within SUBRECIPIENT control,which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505.
https://www.gpo.gov/fd sys/granule/CFR-1999-title49-vol 1/CFR-1999-title49-vol 1-sec24-101
https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505
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://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display Statute&Search_String=&UR
L=0200-0299/0287/Sections/0287.133.html
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.
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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.
https://www.gsa.gov/portal/content/104877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24_part5 subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling , as
defined in §5.100, required under or provided in connection with any program administered by
HUD shall be provided only by organizations and counselors certified by the Secretary under 24
CFR part 214 to provide housing counseling,consistent with 12 U.S.C. 1701x,per 24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfdl479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.cornell.edu/cfr/text/24/5.111
4.39 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex,gender identity, or sexual orientation, and which must be applied consistent with
all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20,Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0700-
0799/0713/0713.html
4.42 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.43 Florida Statutes, 119.071,Contracts and Public Records
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-
0199/0119/Sections/0119.07.html
(Signature Page to Follow)
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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 I A( TY COMMISSIONERS OF
DWIGHT=F. •C RK COLLIE' :�• __'' ' Y,FLORIDA
•
T
I I
• ' d. . '�.� � I • By:
Aitestas1 ;d-.7+ Clerk PENNY TA R, CHAT'Ar
signature onl
Date: laCe I (�
THE BOYS & GIRLS CLUB OF COLLIER
Dated: l O `. n?Aft L l COUNTY,FL,INC. (BGCCC)
(SEAL)
B . All
Theresa Shaw,Pre! t&CEO
Date: 8/J 6// 'J
Approved as to foam and legality:
Jenna er A.Belpedio to-U..' \\�
Assistant County Attorney e
Date: c\ \ac.t '
Item t
Agenda 'Nei
i
Date y
Date Oto� �l.
Reed
Deputy \
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,do Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
•
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this 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(l1. APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
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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 fmancial
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 must be shown 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.
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EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name:_The Boys&Girls Club of Collier County(BGCCC)
Subrecipient Address: _1155 Roberts Avenue,Immokalee, FL 34142
Project Name: Public Services-Immokalee Transportation&Youth Development Programs
Project No: CD17-09 IDIS#566 Payment Request#
Total Payment Minus Retainage
Period of Availability: 10/1/17 through 9/30/18
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
1.Grant Amount Awarded $
2.Sum of Past Claims Submitted on this Account $
3.Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account $
4.Amount of Today's Request $
5.10%Retainage Amount Withheld(If Applicable) $
6.Current Grant Balance (Initial Grant Amount Award
request)(includes Retainage) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
(Approval required$15,000 and above) (Approval Required $15,000 and
above)
Boys&Girls Club of Collier County
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EXHIBIT C J
QUARTERLY PERFORMANCE REPORT DATA 1
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.
Agency Name: Boys&Girls Club(BGCCC
Date:
Project Title: Public Services-Immokalee Transportation&Youth Development Programs
Program Contact:Theresa Shaw
Telephone Number: 239-325-1725
Activity Keportmg rend Report line Date
October 1st-December 31st January lUth IDIS It 566
January 1st-March 31st April April 10th
1st-June 30th July 10th
July 1st-September 30th October 10th
*REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period):
12/31/17 03/31/18 06/30/18 09/30/18
Please take note: The CDBG/HOME/ESG Program year begins October 12017-September 30,2018. Each quarterly report needs
to include cumulative data beginning from the start of the program year October 1,2017.
1 Please list the outcome goal(s)from your approved application& subrecipient agreement and
indicate your progress in meeting those goals since October 1,2017.
A. Outcome Goals: list the outcome goal(s)from your approved application&subrecipient agreement.
Outcome 1:A minimum of 250 students will benefit from Transportation Services and Out of School Youth Development
Services(duplication of clients is permitted to allow for continuity of services).
Outcome 2: :Documentation of national objective achievement: LMI/LMC,benefits clientele to be at least 51%of LMI(proof of
free school lunches to be maintained by the BGCCC).
Outcome 3:
B. Goal Progress:Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original project schedule? Yes No
If No Explain:
3.Since October 1,2017-of the persons assisted,how many.... Answer ONLY for Public Facilities&Infrastructure
Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard?0
Boys&Girls Club of Collier County
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1 1
Total 0
4 What funding sources did the subrecipient apply for this period?
Section 108 Loan Guarantee $ - CDBG S - -
Other Consolidated Plan Funds $ - HOME $ -
Other Federal Funds ESG S -
State/Local Funds HOPWA S -
Total Entitlement $
$ - Funds
5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if
applicable? Answer question 5a or 5b not both.
For LMC activities:people,race/ethnicity and income data is reported by persons.
For LMH activities:Households,race/ethnicity and income level data are reported by households,regardless the
number of persons in the household.
a. Total No.Persons/Adults U Total No.of persons served under 18:(LMC) U
served:(LMC)
QTR TOTAL#of Persons: 0 QTR TOTAL#Persons: 0
b. Total No.of Households served: 0 Total No.of female head of household:(LMH) 0
OTR TOTAL#of 0 OTR FHH 0
What is the total number of UNDUPLICATED clients
6. served since October,if applicable? Answer question 6a
or 6b not both
a. Total No.Persons/Adults served:(LMC) 0 Total No.of persons Served under 18: 0
(LMC) II
YTD TOTAL: 0 YTD TTL: 0
b. Total No.of Households served:(LMH) 0 Total No.of female head of 0
household:(LMH)
YTD TOTAL: 0 I YTD TOTAL: I 0
Complete EITHER question 7 or question 8 not both
Complete question#7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit
categories.
PRESUMED BENEFICIARY DATA ONLY:
7. (LMC)Quarter PRESUMED BENEFICIARY DATA ONLY:(LMC)YTD
Indicate the total number of UNDUPLICAI D Indicate the total number of UNDUPLICATED persons serve
persons served this quarter who fall into each since October 1 who fall into each presumed benefit category
presumed benefit category(the total should equal (the total should equal the total in question#6 a or 6
the total in question#6 a or 6 6): b):
LI
a. Presumed Benefit Activities Only:(LMC)QTR b. a .. a . Presumed Benefit
0 Abused Children ELI 0 Abused Childf•L Activities Only:
0 Homeless Person ELI 0 Homeless Person (LMC)YTD
0 Migrant Farm workers LI 0 Migrant Farm workers
0 Battered Spouses LI 0 Battered Spouses
0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons
0 Illiterate Adults LI 0 Illiterate Adults
U :.eve tly Utzable,lAthall3 U 7t9R Rf
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ELI
LI ELI LI
1 1J
YTD TOTAL LI
LI or MOD LI
LI
Complete question#8a and 8b if any client in your program does not fall into a Presumed Benefit category.
OTHER BENEFICIARY DATA:INCOME RANGE
8. OTHER BENEFICIARY DATA:INCOME RANGE
Indicate the total number of UNDUPLICATED
persons served this Quarter(QTR)who fall into each Indicate the total number of UNDUPLICATED persons
income category (the total should equal the total in served since October 1 (YTD)who fall into each income
question#6): category(the total should equal the total in question#6):
ELI Extremely low Income(0-30%) 0 ELI Extremely low Income(0-30%) 0
LI Low Income(31-50%) 0 U Low Income(31-50%) 0
MOD Moderate Income(51-80%) 0 MOD Moderate Income(51-80%) 0
NON-LOW Above Moderate Income(>80%) 0 NON-LOW Above Moderate Income(>80%) 0
QTR TOTAL: 0 YTDOTAL: 0
9. Racial&Ethnic Data: (if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED
clients served this Quarter(QTR)fall into clients served since October(YTD)fall into
each race category.In addition to each race category, each race category.In addition to each race
please indicate how many persons in each race category,please indicate how many persons in
category consider themselves Hispanic(Total Race each race category consider themselves
column should equal the total cell).
Hispanic(Total Race column should equal the
total cell).
a. b.
ETHNICITY/ ETHNICITY/
RACE HISPANIC RACE HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0
American Indian/Alaskan Native&White 0 0 American Indian/Alaskan Native&White 0 0
Black/African American&White 0 0 Black/African American&White 0 0
Am.Indian/Alaska Native&Black/African Am. 0 0 Am.Indian/Alaska Native&Black/African Am. 0 0
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
Name: Signature:
Title: Your typed name here represents your electronic signature
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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 0 .06%)and enter results in B(c),otherwise leave
blank. B(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ 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
3 box B(c),
4 above,in
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. Uwe have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. Uwe certify that the statements are true
and complete to the best of my/our knowledge and belief and are given under penalty of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
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E. CDBG Grantee Statement: Based on the representations herein, the family or
individual(s) named in Item A of this Income Certification is/are eligible under the
provisions of the CDBG Program. The family or individual(s)constitute(s)a:
n Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50'of the Very Low Income(60%of VLI)percent of the area median income
as determined by the U.S. Department of Housing and Urban Development with adjustments for
household size. (Maximum Income Limit$ ).
❑ Very Low Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based 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 —
Indian Asian Black Other Pac. White 25 40 61 62+
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.
Boys&Girls Club of Collier County
CD17-09-IDIS#566
Public Services-Immokalee Transportation&Youth Dev Programs Page 38
11J
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 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 The Boys & Girls Club of Collier County, FL, Inc. (BGCCC)
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year most recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been
met and a 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
06/17
Boys&Girls Club of Collier County
CD17-09-IDIS#566
Public Services-lmmokalee Transportation&Youth Dev Programs Page 39