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Agenda 10/27/2015 Item #16D5 10/27/2015 16.D.5. EXECUTIVE SUMMARY Recommendation to approve seven sub recipient agreements for projects previously approved in the FY 2015-16 Action Plan for the Community Development Block Grant and Emergency Solutions Grant Programs. OBJECTIVE: To expend federal funds to assist the citizens of Collier County. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) offers entitlement funds to allow local governments to meet program-specific community needs. Entitlement programs include Community Development Block Grant (CDBG), which funds a wide variety of projects such as acquisition, public services, public amenities, and rehabilitation; HOME Investment Partnership (HOME), which funds new construction and rehabilitation of single and multi-family projects; and the Emergency Solutions Grant (ESG), which funds homeless programs. On July 26, 2011, the Board approved the County's Five-Year Consolidated Plan for use of entitlement funds for the period of FY2011-2016(Agenda iteml OH). The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan— One year Action Plan for Federal Fiscal Year 2015-2016 for the CDBG Program on August 11, 2015 in absentia(Item#16D2)and ratified on September 8,2015—(Item# 16F1-B). CDBG Habitat for Humanity $500,000 Scattered Site-Acquisition Naples Equestrian Challenge $500,000 Naples Equestrian Challenge-Phase 4 Youth Haven Inc. $584,975 Youth Haven—Shelter Construction Legal Aid Service of Collier County* $166,084 Legal services United Cerebral Palsy of SW Florida $50,249 Transport Services Boys &Girls Club of Collier County* $25,000 Transport Services ESG Shelter for Abused Women and Children $108,284 Shelter Operations A more specific project description is outlined in the subrecipient's agreement-Section I.Scope of Services. For public services projects, applicants were provided the option to apply for two years of funding. The main purpose of this was to be more efficient in the application, administration and operation of the awarded programs. However, the second year funding is not automatic. For the two agreements with the * notation above, funding for the second year is conditional upon HUD funding to Collier County, Collier County BCC approval of the FY 2016-2017 Action Plan, no monitoring findings from CHS monitoring visits, additional contractual obligations identified in the County's subrecipient agreement, currency on quarterly reports. In the agreement, all conditions are spelled out, and it is also written that CHS reserves the right to request additional information during the FY 2016-2017 application cycle to determine continued eligibility and compliance. CHS is requesting the Board authorize the Chairman to execute the subrecipient agreements. As allowed per federal regulations the period of performances for subrecipient agreements begins October 1st 2015 for CDBG and November 1, 2015 for ESG. No federal funds will be reimbursed for any Packet Page-802- 10/27/2015 16.D.5. subrecipient agreement until the HUD entitlement agreements and the associated subrecipient agreements are signed by the Board Chairman and the subrecipient receives a notice to proceed. Staff has completed a compatibility analysis between the Consolidated Plan; the subrecipient's grant application, the FY 2015-16 Action Plan, the priority needs category and the subrecipient's scope of work. Staff confirms that the projects are compliant with the Consolidated Plan and the FY 2015-16 HUD Annual Action Plan. Board approval of the subrecipient agreements confirms the basis upon which payment is to be made; only to change thereafter by Board approved substantial amendment and/or contract amendment, if needed. FISCALIMPACT: The proposed actions described in this executive summary have no new fiscal impact. The funding source for these grant awards are the CDBG and ESG grants. These projects are budgeted in the Housing Grants Fund (705), CDBG Projects No. 33434, 33236, 33176 and 33088 and ESG Project No. 33436. The ESG program requires a 100% match or $108,284 and has been passed onto the sub-recipient as a condition of award. j,EGAI, CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will further the Goals, Objectives, and Policies of the Housing Element of the Growth Management Plan. RECOMMENDATION: To authorize the Chairman to approve seven subrecipient agreements associated with the FY 2015-2016 HUD Annual Action Plan, for the CDBG and ESG programs. Prepared By: Gino Santabarbara, Senior Grant and Housing Coordinator; Community and Human Services Attachments: 7 subrecipient agreements Packet Page-803- 10/27/2015 16.D.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.5. Item Summary: Recommendation to approve seven sub recipient agreements for projects previously approved in the FY 2015-16 Action Plan for the Community Development Block Grant and Emergency Solutions Grant Programs. Meeting Date: 10/27/2015 Prepared By Name: SantabarbaraGino Title: Grants and Housing Coordinator, Senior,Public Services Department 9/29/2015 5:10:14 PM Submitted by Title: Grants and Housing Coordinator, Senior, Public Services Department Name: SantabarbaraGino 9/29/2015 5:10:15 PM Approved By Name: SonntagKristi Title: Manager-Federal/State Grants Operation,Community &Human Services Date: 10/13/2015 3:11:52 PM Name: Bendisa Marku Title: Supervisor-Accounting, Community &Human Services Date: 10/13/2015 3:41:49 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 10/13/2015 4:20:47 PM Name: GrantKimberley Title: Division Director-Cmnty &Human Svc, Community &Human Services Date: 10/14/2015 11:26:43 AM Packet Page-804- 10/27/2015 16.D.5. Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 10/14/2015 11:38:56 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 10/20/2015 12:36:53 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 10/20/2015 2:44:17 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/20/2015 3:36:33 PM Name: StanleyTherese Title: Manager-Grants Compliance,Grants Management Office Date: 10/20/2015 3:40:50 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/20/2015 4:28:29 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 10/20/2015 5:12:25 PM Packet Page-805- 10/27/2015 16.D.5. FAIN# B-15-UC-12-0016 B-16-UC-12-0016 Federal Award Date Est. 10/2015 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $25,000 FY 2015/2016 & Funds Awarded $25,000 FY 2016/2017 Subrecipient Name The Boys&Girls Club of Collier County, FL, Inc. DUNS# 018696208 FEIN# 65-0279110 R&D No Indirect Cost Rate No Period of Performance FY 15/16: 10/01/2015-09/30/2016 FY 16/17: 10/01/2016-09/30/2017 Fiscal Year End 5/31 Monitor End: 09/2017 AGREEMENT BETWEEN COLLIER COUNTY AND THE BOYS&GIRLS CLUB OF COLLIER COUNTY, FL, INC. THIS AGREEMENT is made and entered into this day of 2015, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or"Grantee") having its principal address as 3339 E Tamiami Trail, Naples FL 34112, and the Boys & Girls Club of Collier County, Florida, Inc. ("Subrecipient"), having its principal office at 7500 Davis Boulevard, Naples 34104. 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 2015-2016 for the CDBG Program on August 11,2015 in absentia (Item#16D2) and ratified on September 8, 2015 (Item #16F1-B); 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 10,2015 with a 30 day Citizen Comment period from June 10,2015 to July 10, 2015; and Boys&Girls Club of Collier County CD15-07-IDIS#TBD Bus Transportation Services Page 1 Packet Page -806- 10/27/2015 16.D.5. WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG Transportation Services; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 2 Packet Page-807- 10/27/2015 16.D.5. 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 determined by Collier County Community and Human Services(CHS) Division, to perform the tasks necessary to conduct the program as follows: Project Component One: Funding costs will include but not be limited to the following expenses: Provide bus transportation services from the organizations main campus to low income neighborhoods. Funding costs will include but not be limited to the following expenses: CHS, as an administrator of the CDBG program, will make available FY2015-2016 CDBG funds up to the gross amount of $25,000 from October 1, 2015 through September 30, 2016 to fund Project Component One. *CDBG funds up to the gross amount of $25,000 have been recommended for FY2016-2017 (year two), from October 1, 2016 through September 30, 2017 to provide Project Component One for a total of$50,000 for the two years. *Funding for the second year is dependent upon HUD funding to Collier County, Collier County BCC approval of the FY 2016-2017 Action Plan, no monitoring findings from CHS monitoring visits, additional contractual obligations identified in the County's subrecipient agreement-currency on quarterly reports. CHS reserves the right to request additional information during the 2nd year application cycle to determine continued eligibility and compliance. The applicant will not need to re-apply for the 2"d year funding request,but prior to receiving the second year funding will, at a minimum, be required to provide all required deliverables outlined in the application dated February 18, 2015,including,but not limited to:the exhibits outlined on Page 4 of the application. CHS reserves the right to request additional information during the FY 2016-2017 application cycle to determine continued eligibility and compliance. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty(30) days of award of this agreement: • Affirmative Fair Housing Policy • Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy • Procurement Policy ❑ Uniform Relocation Act Policy • Sexual Harassment Policy Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 3 Packet Page -808- 10/27/2015 16.D.5. • 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) • Fraud Policy 1.2 PROJECT DETAILS A. Project Description/Project Budget Transportation Services Federal Amount Project Component 1: Bus transportation services from the organizations main $25,000.00 campus to low income neighborhoods. Year 1 *$25,000.00 Year 2 Total Federal Funds: $25,000.00 *$25,000.00 $50,000.00 * Funds preliminarily approved and contingent upon availability of HUD funds,Part I Scope of Services,and BCC approval The Subrecipient will accomplish the following checked project tasks: C 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 Provide monthly construction and rehabilitation progress reports until completion of construction and rehabilitation Identify Lead Project Manager Provide Site Design and Specifications Comply with Davis Bacon Labor Standards Provide certified payroll weekly throughout construction and rehabilitation Comply with Uniform Relocation Act(URA), if necessary Ensure applicable numbers of units are Section 504/ADA accessible Ensure the applicable affordability period for the project is met B. National Objective Boys&Girls Club of Collier County Page 4 • CD15-07-IDIS#520 Bus Transportation Services Packet Page-809- 10/27/2015 16.D.5. The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI/LMA). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: • LMA—Low/Mod Area Benefit ❑ LMC—Low/Mod Clientele Benefit or presumed Low Mod Clientele ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit C. Project Outcome The Subrecipient will provide transportation services to a minimum of one hundred and twenty(120)youths each year. Duplicate services to a unique client are permissible in order to maintain continuity with current client cases and insure service completion. D. 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 Annually within thirty(30) days of renewal Detailed project Schedule Project Schedule Within thirty(30)days of agreement execution and annually thereafter Submission of Progress Report Exhibit C Quarterly Financial and Compliance Audit Exhibit E Annually one hundred eighty (180)days after FY end until 2017 E. Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Bus transportation services from the Bus logs/Exhibit B and any Monthly organizations main campus to low additional documentation as income neighborhoods. requested Final 10%retainage of year one ($2,500) released with year one monitoring report Boys&Girls Club of Collier County CD15-07-IRIS#520 Page 5 Bus Transportation Services Packet Page -810- 10/27/2015 16.D.5. Final 10% retainage of year two($2,500) released upon final monitoring clearance Annually documentation Final 10% ($2,500.00 yr 1) and *($2,500 yr 2) of retainage held will be released upon documentation that a CDBG National Objective has been met. Failure on behalf of the subrecipient in achieving the national objective under this agreement may require repayment of the entire CDBG investment under this agreement. Should the subrecipient fail to meet the total required number of beneficiaries a pro ration of the retainage may be forfeited. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start October 1, 2015 and shall end on September 30, 2016 for the first year, and upon HUD approval for second year award, second year will start on October 1, 2016 and end on September 30, 2017. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Twenty Five Thousand Dollars ($25,000.00) from October 1, 2015 through September 30, 2016 for the use by the SUBRECIPIENT during the term of the agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the agreement, shall be referred to as the"Funds"). *The COUNTY also recommends an allocation of Twenty Five Thousand Dollars ($25,000 year two)from October 1, 2016 through September 30, 2017 for the use by the SUBRECIPiENT during the term of the agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the agreement,shall be referred to as the"Funds"). *Funding for the second year is dependent upon HUD funding to Collier County, Collier County BCC approval of the FY 2016-2017 Action Plan, no monitoring findings from CHS monitoring visits, additional contractual obligations identified in the County's subrecipient agreement, current on quarterly reports. CHS reserves the right to request additional information during the 2nd year application cycle to determine continued eligibility and compliance. The applicant will not need to re-apply for the 2nd year funding request, but prior to receiving the second year funding will, at a minimum, be required to provide all required deliverables outlined in the application, including, but not limited to:the exhibits outlined on Page 4 of the application. CHS reserves the right to request additional information during the 2nd year application cycle to determine continued eligibility and compliance. 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 Boys&Girls Club of Collier County CD15-07-ID!S#520 Transportation Services Page 6 Packet Page -811- 10/27/2015 16.D.5. not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be made with Board approval. If applicable, 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. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." 13 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 Boys&Girls Club of Collier County CD25.07-IDIS#520 Page 7 Bus Transportation Services Packet Page-812- 10/27/2015 16.D.5. 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. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery,or sent by facsimile or other electronic means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz,Grant Coordinator 3339 E Tamiami Trail,Suite 211 Naples, Florida 34112 Email: RosaMunoz @colliergov.net Telephone: (239) 252-5713 SUBRECIPIENT ATTENTION: Helen Gorman, Grant Writer or Tiffany Heck,VP of Resource Development The Boys&Girls Club of Collier County, FL 7500 Davis Boulevard Naples, FL 34104 mailto:hgorman @beccc.com THeck@beccc.com Telephone: 239-325-1700 Boys&Girls Club of Collier County CD15-07-IDISii 520 _ Bus Transportation Services Page 8 Packet Page-813- 10/27/2015 16.D.5. PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer, or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments.The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 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. 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 Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 9 Packet Page-814- 10/27/2015 16.D.5. 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. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period,the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate Boys&Girls Club of Collier County CD15-07-IDIS#TBD Bus Transportation Services Page 10 Packet Page -815- 10/27/2015 16.D.5. determinations as defined in 24 CFR 570.208, income certification, and written Agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit E) to the COUNTY no later than one hundred eighty(180) days after the SUBRECIPIENT's fiscal year end.The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS,submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 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. Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 11 Packet Page-816- 10/27/2015 16.D.5. In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS.CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division,the Division may require a portion of the awarded grant amount be returned to the Division. • The County may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity may be considered in violation of Resolution No. 2013-228 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the 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 Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 12 Packet Page -817- 10/27/2015 16.D.5. 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties or other activities. • The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non- compliant,the above sanctions may be imposed across all awards at the BCC's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit 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. Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 13 Packet Page -818- 10/27/2015 16.D.5. 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) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations,and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS 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. Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 14 Packet Page-819- 10/27/2015 16.D.5. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. * Funding for the second year is dependent upon HUD funding to Collier County, no monitoring findings from CHS monitoring visits, additional contractual obligations identified in the County's subrecipient agreement, current on quarterly reports. CHS reserves the right to request additional information during the 2nd year application cycle to determine continued eligibility and compliance. The applicant will not need to re-apply for the 2"d year funding request, but prior to receiving the second year funding will, at a minimum, be required to provide all deliverables outlined in the application, including, but not limited to: the exhibits outlined on Page 4 of the application. CHS reserves the right to request additional information during the 2nd year application cycle to determine continued eligibility and compliance. 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 Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 15 Packet Page-820- 10/27/2015 16.D.5. 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 notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 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 200.39, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 16 Packet Page-821- 10/27/2015 16.D.5. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein,SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). Boys&Girls Club of Collier County CD15-07-!DU 520 Bus Transportation Services Page 17 Packet Page -822- 10/27/2015 16.D.5. The COUNTY's receipt of any funds on hand at the time of ter ii iiitation 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). Regulations regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and 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 Quote $3,000-$10,000 3 Written Quotes $10,000-$50,000 3 Written Quotes $50,000+ Bids, Proposals, Contracts (ITB, RFP, etc) 3.13 PROGRAM GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES Boys&Girls Club of Collier County CD15-07-ID1514 520 Bus Transportation Services Page 18 Packet Page-823- 10/27/2015 16.D.5. SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The Subrecipient may close out the project with the County after the year affordability period has been met, if applicable. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all Federal grant requirements have been completed. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of,or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 19 Packet Page-824- 10/27/2015 16.D.5. 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 strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and must be submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. Boys&Girls Club of Collier County CD1S-07-IDIS#520 Bus Transportation Services Page 20 Packet Page -825- 10/27/2015 16.D.5. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 21 Packet Page-826- 10/27/2015 16.D.5. 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. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfritext/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=jecfrbrowse/Title24/24cfr58_main_02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.G. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddaistaternent.pdf E.O. 11063 — Equal Opportunity in Housing http://portal.hud.govjhudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/EX011063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.govjfederal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/prog desc/title8 A Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 22 Packet Page -827- 10/27/2015 16.D.5. 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-voI3/pdf/CFR-2007-title24-vo 13-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086- which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.govieeoc/history/35th/thelawieo-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 far employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 23 Packet Page-828- 10/27/2015 16.D.5. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_main_02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm 11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_o pp/FHLaws/EX011063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375:Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://www.epa.gov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.html 24 CFR 570.614: http://www.l aw.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm Boys&Girls Club of Collier County CD15-07-IDIS#S20 Bus Transportation Services Page 24 Packet Page -829- 10/27/2015 16.D.5. 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in whole or in part by Loans or Grants from the United States- http://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45-which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements,Cost Principles, and Audit requirements for Grants and Agreements. 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html Boys&Girls Club of Collier County CD15-07-IDISit 520 Bus Transportation Services Page 25 Packet Page-830- 10/27/2015 16.D.5. 4.21 Prohibition Of Gifts To County Employees- No organization or individual shall offer or give, either directly or indirectly, any favor,gift, loan, fee,service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes,Collier County Ethics Ordinance No. 2004-05, as amended,and County Administrative Procedure 5311. Florida Statutes- http://www.lawserver.com/law/state/florida/statutes/florida_statutes_cha pter_112_part_iii Collier County- http://bccsp0l/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1% 20Standa rds%20of%20Co nd uct.pdf 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue-Any suit of action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes.The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. http://www.flsenate.gov/laws/Statutes/2010/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 26 Packet Page -831- 10/27/2015 16.D.5. a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.6&idno=24 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. 1.1.3.4.11.1.9&idno=24 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhoa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main_02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nps.gov/history/local- law/nhpa1966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal Department or agency;and,that the SUBRECIPIENT shall not knowingly enter into any lower tier contract,or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. http://www.ecfr.gov/cgi-bin/text- Boys&Girls Club of Collier County CD15-07-1DIS#520 Bus Transportation Services Page 27 Packet Page -832- 10/27/2015 16.D.5. 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 et seq. 4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the County eighty (180) days after the end of the SUBRECIPIENT's fiscal year.The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133133 or 2 CFR 200(as applicable),Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitehouse.gov/omb/circulars/a133_compliance supplement_2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornelLedu/cfrjtext/24/92.206 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject to the provisions of CDBG including, but not limited to,the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control,which is acquired or improved in whole or part with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.comell.edu/cfr/text/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.34 As provided in §287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof.This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.lawserver.com/law/state/floridajstatutes/florida statutes 287-133 Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 28 Packet Page -833- 10/27/2015 16.D.5. 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statutes 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- 0799/0713/0713.html 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida_statutes_119-021 4.40 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html (Signature Page to Follow) Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 29 Packet Page-834- 10/27/2015 16.D.5. IN WITNESS WHEREOF,the Subrecipient and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK, CLERK COUNTY, FLORIDA By: , Deputy Clerk TIM NANCE,CHAIRMAN The Boys & Girls Club of Collier County, Florida, Dated: Inc. (BGCCC) (SEAL) By: Theresa Shaw, President&CEO Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney c Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 30 Packet Page-835- 10/27/2015 16.D.5. PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers'Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage.Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 31 Packet Page-836- 10/27/2015 16.D.5. 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers'Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 32 Packet Page -837- 10/27/2015 16.D.5. EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Recipient Name:The Boys& Girls Club of Collier County(BGCCC) Recipient Address:7500 Davis Boulevard, Naples, FL 34104 Project Name:Transportation Services Project No: CD15-07 IDIS#520 Payment Request# Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II:STATUS OF FUNDS Grant Amount Awarded $ Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum of Past Claims paid on this Account $ Amount of Previous Unpaid Requests $ Amount of Today's Request $ 10% Retainage Amount Withheld $ Current Grant Balance (Initial Grant Amount $ Awarded Less Sum of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required$15,000 and above) Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 33 Packet Page -838- 10/27/2015 16.D.5. EXHIBIT"C" QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipient shall submit the information contained herein within ten (10)days of the end of each calendar quarter. QUARTERLY PROGRESS REPORT Sub-recipients:Please fill in the following shaded areas of the report Agency Name: The Boys& Girls Club of Collier County(BGCCC) Date: Project Title: Transportation Services Alternate Program Contact: Helen Gorman,Grant Writer Contact: Tiffany Heck Telephone Number: (239)239-325-1700 Activity Reporting Period Report Due Date October 1s`-December 31s` January loth January 31"—March 31st April 10th April 1s'—June 3CP July 10th July 1°—September 30th October 10th Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting 1. those goals since the beginning of the agreement A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. Outcome 1: A minimum of 120 youths each year for two years will benefit from bus transportation services (duplication of clients from year 1 to year two is permitted to allow for continuity of services. Outcome 2: Documentation of national objective achievement: LMI/(LMA for yr 1 and 2) Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 34 Packet Page-839- 10/27/2015 16.D.5. +oal Progress:Indicate the progress to date in meeting each outcome goal. Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new 2. timeline for approval ❑ ❑ Yes No If no,explain: 3. Since October 1,2015,of the persons assisted,how many.... a. ...now have new access(continuing)to this service or benefit? 0 b. ...now has improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What funding sources are applied for this period I program year? Other Consolidated Plan Funds CDBG Other Federal Funds ESG State/Local Funds HOME Total Entitlement Total Other Funds $ 0.00 Funds $ 0.00 ■ ,s&Girls Club of Collier County CD15-07-IDIStt 520 Bus Transportation Services Page 35 Packet Page-840- �" 10/27/2015 16.D.5. 5. What is the total number of UNDUPLICATED clients served this quarter,if applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: Total No.of female head of household: 0 6. What is the total number of UNDUPLICATED clients served since October,if applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No.of female head of household: 0 Complete EITHER question#7 OR#8. Complete question#7 tf your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8 7. PRESUMED BENEFICIARY DATA: • 8. OTHER BENEFICIARY DATA:INCOME RANGE Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persona served since October 1 who fall into each presumed benefit category since October 1 who fall into each income category(the total (the total should equal the total in question#6) should equal the total in question#6) REPORT AS: REPORT AS: O Abused Children Homeless 0 Extremely low Income(0-30%) O Person Battered 0 Low Income(31-50%) O Battered Spouses 0 Moderate Income(51-80%) O Persons w/HIV/AIDS 0 Above Moderate Income(>80%) O Elderly Persons O Veterans O Chronically/Mentally III O Physically Disabled Adults O Other-Youth TOTAL: p TOTAL: p 9. Racial&Ethnic Data: (if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell), RACE ETHNICITY White 0 of whom.now many are Hispanic? 0 Black/Afncan American 0 of whom,how many are Hispanic? 0 Asian 0 of whom,how many are Hispanic? 0 American Indian/Alaska Native 0 of whom,how many are Hispanic? 0 Native Hawaiian/Other Pacific Islander 0 :of whom,how many are Hispanic'? 0 American Indian/Alaskan Native&white 0 of whom.how many are Hispanic? 0 Black/African American&White 0 of whom.how many are Hispanic? 0 Am,Indian/Alaska Native&Black/African Am. 0 of whom._how many are Hispanic'? 0 Other Multi-racial 0 ,of whom,now many are Hispanic? 0 TOTAL: 0 TOTAL:HISPANIC a Name: Signature. Your Typed name here represents your electronic signature Title: Boys&Girls Club of Collier County CD1S-07-IDIS#520 Bus Transportation Services Page 36 Packet Page -841- 10/27/2015 16.D.5. EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets:All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 —. Total Income from Assets B(b) 0.00 If line B(a) is greater than$5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) - Boys&Girls Club of Collier County CD15-07-1015#520 Bus Transportation Services Page 37 Packet Page-842- 10/27/2015 16.D.5. C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits Public Other Salaries / Assistance Income (include tips, Pensions Asset commissions, Income bonuses,and overtime) (Enter the greater of 1 . box B(b) or 2 box B(c), 3 above, in 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of 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 Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 38 Packet Page -843- 10/27/2015 16.D.5. 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: I I Very-Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Moderate Income (MOD) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area (MSA)of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity _ By Age Native American Hawaiian or 0th 0— 26— 41— Asian Black White 62+ Indian Other Pac. er 25 40 61 Islander Hispanic Non- Hispani NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 39 Packet Page -844- 10/27/2015 16.D.5. 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. 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 I that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/15 Boys&Girls Club of Collier County CD15-07-IDIS#520 Bus Transportation Services Page 40 Packet Page-845- 10/27/2015 16.D.5. FAIN# B-15-UC-12-0016 *B-16-UC-12-0015 Federal Award Date Est. 10/2015 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $166,084.00 FY 2015 & Funds Awarded $166,084.00 FY 2016 Subrecipient Name Legal Aid Service of Collier County, a Division of Legal Aid Service of Broward County, Inc. DUNS# 844481478 FEIN# 59-1547191 R& D No Indirect Cost Rate No Period of Performance FY 15/16-10/01/2015—09/30/2016 FY 16/17-10/01/2016—09/30/2017 Fiscal Year End 12/31 Monitor End: 10/2017 AGREEMENT BETWEEN COLLIER COUNTY AND LEGAL AID SERVICE OF COLLIER COUNTY, A DIVISION OF LEGAL AID SERVICE OF BROWARD COUNTY, INC. THIS AGREEMENT is made and entered into this day of 2015, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E Tamiami Trail, Naples FL 34112, and Legal Aid Service of Collier County, a Division of Legal Aid Service of Broward County, Inc. ("Subrecipient"), having its principal office at 4125 E Tamiami Trail, Naples 34112. 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 2015-2016 for the CDBG Program on August 11, 2015 in absentia (Item#16D2)and ratified on September 8, 2015 (Item#16F1-B); 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 10, 2015 with a 30 day Citizen Comment period from June 10, 2015 to July 10, 2015; and Legal Aid Service of Collier County CD1S-05-IDIS#519 Legal Service to Victims Page 1 Packet Page-846- 10/27/2015 16.D.5. WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program;and WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG Legal Aid Services to Victims; and NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Legal Aid Service of Collier County CD15-05-IDIS#1 519 Legal Service to Victims Page 2 Packet Page -847- ,'' 10/27/2015 16.D.5. 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 determined by Collier County Community and Human Services(CHS) Division, to perform the tasks necessary to conduct the program as follows: Project Component One: Funding costs will include but not be limited to the following expenses: Fund 2 Full Time (FT) Attorney's, and 1 Full Time (FT) Paralegal to provide legal services for victims of domestic violence, sexual assault, dating violence, child abuse and other abuses; and conduct outreach events/seminars that will promote community safety through education and public outreach events and seminars in Collier County. Duplicate services to a unique client are permissible in order to maintain continuity with current client cases and insure service completion. Funding costs will include but not be limited to the following expenses: CHS, as an administrator of the CDBG program, will make available FY2015-2016 CDBG funds up to the gross amount of$166,084.00 from October 1, 2015 through September 30, 2016 to fund Project Component 1. *CDBG funds up to the gross amount of $166,084.00 have been recommended for FY2016-2017 (year two), from October 1, 2016 through September 30, 2017 to provide Project Component One activities for a total of$332,168.00 for the two years. Funding for the second year is dependent upon HUD funding to Collier County, Collier County BCC approval of the FY 2016-2017 Action Plan, no monitoring findings from CHS monitoring visits, additional contractual obligations identified in the County's subrecipient agreement,currency on quarterly reports. CHs reserves the right to request additional information during the 2nd year application cycle to determine continued eligibility and compliance. The applicant will not need to re-apply for the 2ed year funding request, but prior to receiving the second year funding will, at a minimum, be required to provide all required deliverables outlined in the application, including, but not limited to:the exhibits outlined on Page 4 of the application dated January 26,2015. CHS reserves the right to request additional information during the FY 2016-2017 application cycle to determine continued eligibility and compliance. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty(30)days of award of this agreement: Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy Legal Aid Service of Collier County CD15-OS-IDIS#519 Legal Service to Victims Page 3 Packet Page-848- 10/27/2015 16.D.5. ❑ Procurement Policy ❑ Uniform Relocation Act Policy • Sexual Harassment Policy ❑ 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) • Fraud Policy 1.2 PROJECT DETAILS A. Project Description/Project Budget Public Services Federal Amount Legal Services to Victims Project Component 1: Funding costs will include but not limited to the following $166,084.00 expenses: Fund 2 Full Time (FT) Attorney's, and 1 Full Time (FT) Paralegal to provide Year 1 legal services to victims of domestic violence, sexual assault, dating violence, repeat violence, child abuse, elder abuse, and other abuses. Provide outreach *$166,084.00 events/seminars that will promote community safety through education and public Year 2 outreach events and seminars in Collier County. Total Federal Funds: $166,084.00 *$166,084.00 $332,168.00 * Funds preliminarily approved and contingent upon availability of HUD funds,Part I Scope of Services and BCC approval The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance • Maintain and provide to the County as requested beneficiary income certification 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 [ Provide monthly construction and rehabilitation progress reports until completion of construction and rehabilitation ❑ Identify Lead Project Manager ri Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards [ Provide certified payroll weekly throughout construction and rehabilitation Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 4 Packet Page-849- 10/27/2015 16.D.5. [ Comply with Uniform Relocation Act(URA), if necessary [ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met B. 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 definition of: ❑ LMA—Low/Mod Area Benefit LMC—Low/Mod Clientele Benefit or presumed Low Mod Clientele ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit C. Project Outcome The Subrecipient will provide legal services to a minimum of three hundred (300) victims of domestic violence and other abuses within two years. The Subrecipient shall serve a minimum of 100 victims in the first 12 months of the agreement. Duplicated or carry over clients are permitted to allow for continuity of service. D. 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 Annually within thirty (30) days of renewal Submission of Progress Report Exhibit C Quarterly reports. Financial and Compliance Audit Exhibit E Annually one hundred eighty (180) days after FY end until 2017 Program Income Reuse Plan or Plan Approved by the County Annually Certification E. Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Funding costs will include but not Submission of monthly _ Monthly Legal Aid Service of Collier County CD15-OS-10191519 Legal Service to Victims Page 5 Packet Page -850- 10/27/2015 16.D.5. limited to the following expenses: Fund invoices and backup as 2 Full Time (FT) Attorney's, and 1 Full evidenced by invoice/ Time (FT) Paralegal to provide legal timesheets/Payroll services Registers/banking documents/Exhibit B and any Provide outreach events/seminars that additional documentation as will promote community safety requested through education and public outreach events and seminars in Collier County. Agenda or brochure/flyer to include date,time and location of event/seminar and a sign in sheet with initials or Monthly; per occurrence the number of attendees or unique client identifier to protect the privacy of abuse victims Annually Final 10%retainage of year one ($16, 608.40) released upon final monitoring and proof of 100 beneficiaries served Final 10% retainage of year two($16, 608.40) released upon final monitoring and proof of a total of 300 beneficiaries served for the 2 year period Final 10% ($16,608.40 yr 1) and *($16,608.40 yr 2) of retainage held will be released upon documentation that a CDBG National Objective has been met. Failure on behalf of the subrecipient in achieving the national objective under this agreement may require repayment of the entire CDBG investment under this agreement. Should the subrecipient fail to meet the total required number of beneficiaries a pro ration of the retainage may be forfeited. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start October 1, 2015 and shall end on September 30, 2016 for the first year, and upon HUD approval for second year award, second year will start on October 1, 2016 and end on September 30, 2017. Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 6 Packet Page -851- 10/27/2015 16.D.5. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available One Hundred Sixty Six Thousand and Eighty Four Dollars ($166,084.00) from October 1, 2015 through September 30, 2016 for the use by the SUBRECIPIENT during the term of the agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the agreement,shall be referred to as the "Funds"). *The COUNTY has also recommends an allocation of One Hundred Sixty Six Thousand and Eighty Four Dollars ($166,084.00 year two) from October 1, 2016 through September 30, 2017 for the use by the SUBRECIPIENT during the term of the agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the agreement,shall be referred to as the "Funds"). * Funding for the second year is dependent upon HUD funding to Collier County, Collier County BCC approval of the FY 2016-2017 Action Plan, no monitoring findings from CHS monitoring visits, additional contractual obligations identified in the County's subrecipient agreement, currency on quarterly reports. CHS reserves the right to request additional information during the 2nd year application cycle to determine continued eligibility and compliance. The applicant will not need to re-apply for the 2"d year funding request,but prior to receiving the second year funding will, at a minimum, be required to provide all required deliverables outlined in the application, including, but not limited to:the exhibits outlined on Page 4 of the application dated January 26,2015.CHS reserves the right to request additional information during the 2"a year application cycle to determine continued eligibility and compliance. 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. If applicable, 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. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments Legal Aid Service of Collier County CD15-05-IDISt1519 Legal Service to Victims Page 7 Packet Page-852- 10/27/2015 16.D.5. shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Subrecipient are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically 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. 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 Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 8 Packet Page -853- 10/27/2015 16.D.5. and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz,Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: RosaMunoz @colliergov.net Telephone: (239)252-5713 SUBRECIPIENT ATTENTION:Jeff Ahren, Director of Development 4125 East Tamiami Trail Naples, Florida 34112 Email: mailto:iahren @iegalaid.org Telephone: (239)775-4555 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer, or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 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. Legal Aid Service of Collier County CD1S-05-IDIS#519 Legal Service to Victims Page 9 Packet Page-854- 10/27/2015 16.D.5. 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. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. Legal Aid Service of Collier County CD15-05-10191519 Legal Service to Victims Page 10 Packet Page-855- 10/27/2015 16.D.5. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written Agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. "COUNTY agrees that nothing in this Agreement shall be construed as requiring Legal Aid as SUBRECIPIENT to give access to any personal identifying information which is protected by the Attorney-Client privilege or by the provisions of the Rules of Professional Conduct of the Rules Regulating the Florida Bar relating to an attorney's obligation to preserve the confidences or secrets of a client." 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit E)to the COUNTY no later than one hundred eighty(180) days after the SUBRECIPIENT's fiscal year end.The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the Legal Aid Service of Collier County CD1S-05-IDIS#519 Legal Service to Victims Page 11 Packet Page-856- 10/27/2015 16.D.5. request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required.The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office,the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. Legal Aid Service of Collier County CD15-05-1015#519 Legal Service to Victims Page 12 Packet Page -857- 10/27/2015 16.D.5. • 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 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties or other activities. • The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non- compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 13 Packet Page-858- 10/27/2015 16.D.5. 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. 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) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal,state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 14 Packet Page -859- 10/27/2015 16.D.5. 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 be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /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 Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 15 Packet Page-860- 10/27/2015 16.D.5. 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 notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 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 200.39, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 16 Packet Page-861- 10/27/2015 16.D.5. A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations,executive orders,and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. • E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein,SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS Legal Aid Service of Collier County CD15-OS-IDIS#519 Legal Service to Victims Page 17 Packet Page-862- 10/27/2015 16.D.5. 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). Regulations regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried,at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and 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 Quote $3,000-$10,000 _ 3 Written Quotes $10,000-$50,000 3 Written Quotes $50,000+ Bids, Proposals, Contracts(ITB, RFP, etc) 3.13 PROGRAM GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY Legal Aid Service of Collier County C015-05-IDIS#519 Legal Service to Victims Page 18 Packet Page-863- 10/27/2015 16.D.5. 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. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The Subrecipient may close out the project with the County after the year affordability period has been met, if applicable. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all Federal grant requirements have been completed. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of,or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to Legal Aid Service of Collier County CD15-OS-IDIS#519 Legal Service to Victims Page 19 Packet Page-864- 10/27/2015 16.D.5. participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and must be submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 20 Packet Page -865- 10/27/2015 16.D.5. conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or Legal Aid Service of Collier County CD1S-OS-IDIS#519 Legal Service to Victims Page 21 Packet Page-866- 10/27/2015 16.D.5. 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. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/pa rt-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=jecfrbrowse/Title24/24cfr58_main_02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hudigoviofficesifheo/libraryinuddoistatementpdf E.Q. 11063 — Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/EXO11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http://www.Iaw.cornell.edu/cfr/text/24/part-107 Legal Aid Service of Collier County CD15-05-IRIS#519 Legal Service to Victims Page 22 Packet Page -867- 10/27/2015 16.D.5. 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/prog desc/title8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086-which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/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 employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY,the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and Legal Aid Service of Collier County C015-05-IDIS#519 Legal Service to Victims Page 23 Packet Page -868- 10/27/2015 16.D.5. employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_main_02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regsJstatutes/age_act.htm 11063:http://portal.hud.gov/hud porta I/HUD?src=/program_offices/fair_housing_equal_o pp/FHLaws/EX011063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375: Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC , 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://www.epa.gov/civilrights/sec504.htm Legal Aid Service of Collier County CD15-Q5-IDIS#519 Legal Service to Victims Page 24 Packet Page -869- 10/27/2015 16.D.S. 29 USC 776: http://law.onecle.com/uscode/29/776.html 24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 29 CFR Parts 3 and 5-Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in whole or in part by Loans or Grants from the United States- http://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45-which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.Q. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.Q. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles,and Audit Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 25 Packet Page-870- 10/27/2015 16.D.5. requirements for Grants and Agreements. 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.21 Prohibition Of Gifts To County Employees-No organization or individual shall offer or give, 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 Ill, Florida Statutes,Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- http://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii Collier County- http://bccsp0l/SiteDirectory/ASD/H R/la bor/CMAs/Shared%20Documents/CMA%205311.1% 20Standards%20of%20Conduct.pdf 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue-Any suit of action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under§ 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 26 Packet Page -871- 10/27/2015 16.D.5. EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act,41 USC 7401,et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.6&idno=24 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? c=ecfr&SI D=e ba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. 1.1.3.4.11.1.9&idno=24 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_ma in_02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nps.gov/history/iocal- law/nhpa1966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 27 Packet Page-872- 10/27/2015 16.D.5. transaction by any Federal Department or agency;and,that the SUBRECIPIENT shall not knowingly enter into any lower tier contract,or other covered transaction,with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&idno=24 4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR et seq. 4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the County eighty (180) days after the end of the SUBRECIPIENT's fiscal year.The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133,or 2 CFR 200 (as applicable), Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitehouse.gov/omb/circulars/a133_compiiance_supplement_2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject to the provisions of CDBG including, but not limited to,the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control,which is acquired or improved in whole or part with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.cornell.edu/cfr/text/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.34 As provided in §287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof.This notice is required by § Legal Aid Service of Collier County CD15-05•!Mt/519 Legal Service to Victims Page 28 Packet Page-873- 10/27/2015 16.D.5. 287.133 (3)(a), Florida Statutes. http://www.lawserver.com/law/state/florida/statutes/florida_statutes_287-133 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statutes 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- 0799/0713/0713.html 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/iaw/state/florida/statutes/florida_statutes_119-021 4.40 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html (Signature Page to Follow) Legal Aid Service of Collier County CD1S-OS-IDISft 519 Legal Service to Victims Page 29 Packet Page-874- 10/27/2015 16.D.5. IN WITNESS WHEREOF,the Subrecipient and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK,CLERK COUNTY, FLORIDA By: , Deputy Clerk TIM NANCE,CHAIRMAN Legal Aid Service of Broward County, Inc. d/b/a Dated: Legal Aid Service of Collier County (SEAL) By: Anthony J. Karrat, Esq., Executive Director Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney K)\ Legal Aid Service of Collier County CD15-05-IDIStt 519 legal Service to Victims Page 30 Packet Page-875- 10/27/2015 16.D.5. PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers'Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Legal Aid Service of Collier County CD15-05-IDIS#S19 Legal Service to Victims Page 31 Packet Page-876- 10/27/2015 16.D.S. 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers'Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 32 Packet Page -877- 10/27/2015 16.D.5. EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Recipient Name: Legal Aid Service of Collier County,a Division of Legal Aid Service Broward County, Inc. Recipient Address:4125 East Tamiami Trail, Naples, FL 34112 Project Name: Legal Services to Victims Project No: CD15-05 IDIS#519 Payment Request# Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II:STATUS OF FUNDS Grant Amount Awarded $ Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum of Past Claims paid on this Account $ Amount of Previous Unpaid Requests $ Amount of Today's Request $ 10% Retainage Amount Withheld $ Current Grant Balance (Initial Grant Amount $ Awarded Less Sum of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required $15,000 and above) (Approval Required$15,000 and above) Legal Aid Service of Collier County CD15-OS-IDIS#519 Legal Service to Victims Page 33 Packet Page-878- 10/27/2015 16.D.5. EXHIBIT"C" QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipient shall submit the information contained herein within ten (10) days of the end of each calendar quarter. QUARTERLY PROGRESS REPORT Sub-recipients:Please fill in the following shaded areas of the report Legal Aid Service of Collier County,a Division of Legal Aid Service of Broward Agency Name: County,Inc. Date: Project Title: Legal Services to Victims(LSTV) Alternate Carol A. Program Contact: Jeff Ahren, Director of Development Contact: O'Callaghan Telephone Number: 239)775-4555 Activity Reporting Period Report Due Date October 1s'-December 31" January 10`" January 31st-March 31st April 10'" April 1st-June 30'" July 10`" July 1st-September 30th October 10th Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting 1. I those goals since the beginning of the agreement A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. Outcome 1: Delivery of Legal Services to victims. Outcome 2: 300 Low-Moderate Income/LMC Persons Served who are victims of domestic violence, sexual assault, dating violence, child abuse, and other abuses throughout a 2 year period (duplication of clients from year one to year two is permitted to allow for continuity of services). Outcome 3: Conducted outreach seminars/activities Outcome 4: Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 34 Packet Page-879- 10/27/2015 16.D.5. B.Goal Progress:Indicate the progress to date in meeting each outcome goal. Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new 2. timeline for approval. ❑ Yes No If no,explain: 3. Since October 1,2015,of the persons assisted,how many.... a. ...now have new access(continuing)to this service or benefit? 0 b. ...now has improved access to this service or benefit? 0 c ...now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What funding sources are applied for this period!program year? Other Consolidated Plan Funds CDSG Other Federal Funds ESG State/Local Funds HOME Total Entitlement Total Other Funds $ 0.00 Funds $ 0.00 Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 35 Packet Page-880- 10/27/2015 16.D.5. 5. What is the total number of UNDUPLICATED clients served this quarter,if applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: Total No.of female head of household: 0 6. What is the total number of UNDUPLICATED clients served since October,if applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No,of female head of household: 0 Complete EITHER question#7 OR#8. Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does not fall Into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND B 7. PRESUMED BENEFICIARY DATA: ' 8. OTHER BENEFICIARY DATA:INCOME RANGE Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category since October 1 who fall Into each income category(the total (the total should equal the total in question#6) should equal the total in question#6) REPORT AS: REPORT AS: O Abused Children Homeless 0 Extremely low Income(0-30%) O Person Battered 0 Low Income(31-50%) O Battered Spouses 0 Moderate Income(51-80%) O Persons w/HIV/AIDS 0 Above Moderate Income(>80%) O Elderly Persons O Veterans O Chronically/Mentally III O Physically Disabled Adults O Other-Youth TOTAL: o TOTAL: o 9. ( Racial&Ethnic Data: I (if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell). RACE ETHNICITY White 0 ,whom,how many are Hispanic? 0 Black/African American 0 whom.now many are Hispanic? 0 Asian 0 ,whom how many are Hispanic? 0 American Indian/Alaska Native 0 ,whom,how many are Hispanic? 0 Native Hawaiian/Other Pacific Islanoer 0 whom,how many are Hispanic? 0 American Indian/Alaskan Native 8 white 0 .whom how many are Hispanic? 0 Black/African American 8 White 0 whom how many are Hispanic? 0 Am Indian/Alaska Native&Black/African Am C whom how many are Hispanic? 0 Other Multi-racial 0 ,whom how many are Hispanic'? 0 TOTAL: 0 TOTAL:HISPANIC o Name Signature- Your Typed name here represents your electronic signature Title' Legal Aid Service of Collier County CD1S-05-I015#519 Legal Service to Victims Page 36 Packet Page -881- 10/27/2015 16.D.5. 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 REM Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) Legal Aid Service of Collier County CD15-05-IDIS*$519 Legal Service to Victims Page 37 Packet Page-882- 10/27/2015 16.D.5. C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits Public Other Salaries / Assistance Income (include tips, Pensions Asset commissions, Income bonuses,and nVPrti MP (Enter the 1 greater of 2 box B(b) or 3 box B(c), 4 above, in 5 box C(e) 6 below) 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 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 Legal Aid Service of Collier County CD15 05 IDISt1519 Legal Service to Victims Page 38 Packet Page -883- 10/27/2015 16.D.5. E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: ❑ Very-Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Moderate Income (MOD) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area (MSA)of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race Ethnicity By Age Native American Asian Black Hawaiian or White Orh 025 2 40 41 61 62+ Indian Other Pac. Islander Hispanic Non- Hispani NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refrsal to give such information will not affect any right he or she has to the CDBG program. Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 39 Packet Page -884- 10/27/2015 16.D.5. 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 Legal Aid Service of Collier County, a Division of Legal Aid Service of Broward Name County, inc. 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 C met and a Circular A-133 or 2 CFR Par 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: C ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons —explain An audited financial statement is attached and if applicable, the independent auditor's management 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 n that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/15 Legal Aid Service of Collier County CD15-05-IDIS#519 Legal Service to Victims Page 40 Packet Page -885- 10/27/2015 16.D.5. FAIN# B-15-UC-12-0016 Federal Award Date Est. 10/2015 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $50,249 Funds Awarded Subrecipient Name United Cerebral Palsy of Southwest Florida, Inc. (UCP) DUNS# 078476765 FEIN# 59-1796622 R&D No Indirect Cost Rate No Period of Performance 11/01/2015-09/30/2016 Fiscal Year End 6/30 Monitor End: 09/2017 AGREEMENT BETWEEN COLLIER COUNTY AND UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA,INC. THIS AGREEMENT is made and entered into this day of 2015, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E Tamiami Trail, Naples FL 34112, and United Cerebral Palsy of Southwest Florida, Inc., (UCP) ("Subrecipient"), having its principal office at 9040 Sunset Drive, Miami, FL 33173. 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 2015-2016 for the CDBG Program on August 11, 2015 in absentia (Item #16D2)and ratified on September 8, 2015(Item #16F1-B); 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 10, 2015 with a 30 day Citizen Comment period from June 10,2015 to July 10,2015; and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and UCP CD15-0 6-1 015115 18 Ride for Life-Transportation Services Page 1 Packet Page-886- ;� . 10/27/2015 16.D.5. WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG UCP Ride for Life -Transportation Services; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 2 Packet Page -887- 10/27/2015 16.D.5. 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 determined by Collier County Community and Human Services(CHS) Division,to perform the tasks necessary to conduct the program as follows: Project Component One: Funding costs will include but not be limited to the following expenses: Fund partial salary for staff and drivers to transport persons with disabilities to the UCP Adult Day Education/Training Center. Funding costs will include but not be limited to the following expenses: CHS, as an administrator of the CDBG program, will make available CDBG funds up to the gross amount of$50,249 to UCP for activities such as, but not limited to, transportation services for adult persons with disabilities allowing them to access vital Life Skills, community inclusion events, and employment training. Funding is contingent upon receipt of HUD award notification and approval by the Collier County Board of County Commissioners. Specifically, services identified for funding are outlined in the Project Details Section 1.2. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty (30)days of award of this agreement: • Affirmative Fair Housing Policy ► Affirmative Action/ Equal Opportunity Policy Conflict of Interest Policy • Procurement Policy [] Uniform Relocation Act Policy • Sexual Harassment Policy ® Procedure for meeting the requirements set forth in Section 3 of the Housing 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) Fraud Policy UCP C015-06-IDISt1518 Ride for Life-Transportation Services Page 3 Packet Page -888- 10/27/2015 16.D.5. 1.2 PROJECT DETAILS A. Project Description/Project Budget Public Services Federal Amount Transportation Services Project Component 1: Funding costs will include but not be limited to the following $50,249.00 expenses: Fund partial salary for staff and drivers to transport persons with disabilities to the UCP Adult Day Education/Training Center. Total Federal Funds: $50,249.00 The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance • Maintain and provide to the County as requested beneficiary income certification 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 ❑ Provide monthly construction and rehabilitation progress reports until completion of construction and rehabilitation Identify Lead Project Manager ❑ Provide Site Design and Specifications �} Comply with Davis Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met B. 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 definition of: ❑ LMA—Low/Mod Area Benefit • LMC—Low/Mod Clientele Benefit or presumed Low Mod Clientele n LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 4 Packet Page -889- 10/27/2015 16.D.5. C. Project Outcome The Subrecipient will provide transportation services to a minimum of thirty (30) adult persons with disabilities. The subrecipient will provide the vehicles and personnel to operate transportation services. D. 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 Annually within thirty (30) days of renewal Submission of Progress Report Exhibit C 10 days after the end of the quarter. Financial and Compliance Audit Exhibit E Annually one hundred eighty (180) days after FYE E. Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Funding costs will include but not Submission of monthly Monthly limited to the following expenses: Fund invoices and backup as partial salary for staff and drivers to evidenced by invoice/ transport persons with disabilities to Timecards/Payroll the UCP Adult Day Education/Training Registers/Summary/canceled Center checks or banking documents/Exhibit B and any *Beneficiaries may be transported to various additional documentation as sites to enhance their life learning skills requested Final Delivery Final 10% retainage($5,024.90) released upon final monitoring clearance documentation Final 10% ($5,024.90) of retainage held will be released upon documentation that a CDBG National Objective has been met. Failure on behalf of the subrecipient in achieving the national objective under this agreement will require repayment of the CDBG investment under this agreement. Should the ucP CD15-06-IDIStt518 Page 5 Ride for Life-Transportation Services Packet Page -890- 10/27/2015 16.D.5. subrecipient fail to meet the total required number of beneficiaries a pro ration of the retainage may be forfeited. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start effective November 1, 2015 and shall end on September 30, 2016. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Fifty Thousand and Two Hundred Forty Nine Dollars ($50,249.00) for the use by the SUBRECIPIENT during the term of the agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendments) to the agreement, 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. If applicable, 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. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. ucP CD15-06-IDIS11518 Ride for Life-Transportation Services Page 6 Packet Page -891- • 10/27/2015 16.D.5. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Subrecipient are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as 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. 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. UCP CD15-06-IDISf518 Page 7 Ride for Life-Transportation Services Packet Page -892- 10/27/2015 16.D.5. ATTENTION: Rosa Munoz, Grant Coordinator COLLIER COUNTY 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: RosaMunoz@colliergov.net Telephone: (239)252-5713 SUBRECIPIENT ATTENTION: Kirk Zaremba and Ellie Roberts United Cerebral Palsy of Southwest Florida, Inc. 9040 Sunset Drive Miami, FL 33173 mailto:kzarembaPsunrisegroup.org eroberts(@sunrisegroup.org Telephone: 305-273-3055 & 239-643-5338 Ext 101 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer, or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 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. UCP CD15-06-IDES#518 Ride for Life-Transportation Services Page 8 Packet Page-893- 10/27/2015 16.D.5. 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. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. UCP CD15-06-1DIS#t518 Ride for Life-Transportation Services Page 9 Packet Page-894- 10/27/2015 16.D.5. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written Agreements with beneficiaries,where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit E)to the COUNTY no later than one hundred eighty (180) days after the SUBRECIPIENT's fiscal year end.The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. ucP CD15-06-IDIS#518 Ride for life-Transportation Services Page 10 Packet Page-895- 10/27/2015 16.D.5. The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud, waste, abuse,or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office,the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division,the Division may require a portion of the awarded grant amount be returned to the Division. • The County may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity may be considered in violation of Resolution No.2013-228 UCP 0015-06-IDIS#518 Ride for Life-Transportation Services Page 11 Packet Page -896- 10/27/2015 16.D.5. 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 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties or other activities. • The entity will be considered in violation of Resolution No.2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non- compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit 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 UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 12 Packet Page -897- 10/27/2015 16.D.5. 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. UCP C015-06-IDISri518 Ride for life-Transportation Services Page 13 Packet Page-898- 10/27/2015 16.D.5. 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) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor"with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS 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. UCP C015-06-IDIS47518 Ride for Life-Transportation Services Page 14 Packet Page-899- 10/27/2015 16.D.5. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. if such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and for County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests,clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue there-on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. ucP CD15-06-IDISf518 Ride for Life-Transportation Services Page 15 Packet Page-900- 10/27/2015 16.D.5. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 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 200.39, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders,and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 16 Packet Page -901- 10/27/2015 16.D.5. F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein,SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation)to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). Regulations regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE UCP C315-06-IDI5#518 Ride for Life-Transportation Services Page 17 Packet Page -902- 10/27/2015 16.D.5. SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried,at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and 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 Quote $3,000-$10,000 3 Written Quotes $10,000-$50,000 3 Written Quotes $50,000+ Bids, Proposals,Contracts(ITB, RFP, etc) 3.13 PROGRAM GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The Subrecipient may close out the project with the County after the year affordability period has been met, if applicable. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 18 Packet Page -903- 10/27/2015 16.D.5. applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all Federal grant requirements have been completed. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 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 UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 19 Packet Page-904- 10/27/2015 16.D.5. through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and must be submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 20 Packet Page -905- 10/27/2015 16.D.5. maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the County. 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. UCP C015-05-IDISH518 Ride for Life-Transportation Services Page 21 Packet Page -906- 10/27/2015 16.D.5. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main_02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_hausing_equal_opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddojstatement.pdf E.O. 11063 — Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/EX011063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/prog desc/title8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24vol3-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. ED 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html ED 11375 and 12086:see item#8 below UCP CD15-06-IDISff 51& Ride for Life-Transportation Services Page 22 Packet Page -907- 10/27/2015 16.D.5. 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 U5C § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.gav/laws/statutes/titlevii.cfm 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968,as amended,and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY,the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low-and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic ucp CD15-06-IDISt1518 Ride for Life-Transportation Services Page 23 Packet Page -908- 10/27/2015 16.D.5. opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_main_02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm 11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_o pp/FHLaws/EX011063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.htmI 11375:Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://www.epa.gov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.html 24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/rea lestate/ua/index.htm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in whole or in part by Loans or Grants from the United States- http://www.law.cornell.edu/cfr/text/29/pa rt-3 UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 24 Packet Page-909- 10/27/2015 16.D.5. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45-which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vo13/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.21 Prohibition Of Gifts To County Employees- No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,fee,service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- http://www.lawserver.com/law/state/flarida/statutes/flarida_statutes_cha pter_112_pa rt_iii Collier County- http://bccsp01/SiteDirectory/ASD/HR/labor/CMAs/Shared°%%20Document5/CMA%205311.1% 20Sta nda rds%20of%20Cond uct.pdf 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all UCP CD15-06-1D15 44518 Ride for Life-Transportation Services Page 25 Packet Page-910- 10/27/2015 16.D.5. other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue-Any suit of action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act,41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- 161hV ' UCP CD15-06-IDIStt518 Ride for Life-Transportation Services Page 26 Packet Page-911- 10/27/2015 16.D.5. idx?c=ecfr&SID=eba40bdb52822d8082 7 a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.6&idno=24 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. 1.1.3.4.11.1.9&idno=24 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800_ma in_02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nps.gov/history/local- law/nhpa1966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988(41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction,with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&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 et seq. 4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the County eighty (180) days after the end of the SUBRECIPIENT's fiscal year.The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133 or 2 CFR 200(as UCP cD15-06-IDIS#518 Ride for Life•Transportation Services Page 27 Packet Page-912- 10/27/2015 16.D.5. applicable),Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.cornell.edu/cfr/text/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.34 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof.This notice is required by § 287.133(3) (a), Florida Statutes. http://www.lawserver.com/law/state/florida/statutes/florida_statutes_287-133 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a 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. UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 28 Packet Page-913- 10/27/2015 16.D.5. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements)and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statutes 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- 0799/0713/0713.html 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida_statutes_119-021 4.40 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html (Signature Page to Follow) UCP CD15-06-IDIS#518 Ride for life-Transportation Services Page 29 Packet Page-914- 10/27/2015 16.D.5. IN WITNESS WHEREOF,the Subrecipient and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK, CLERK COUNTY, FLORIDA By: , Deputy Clerk TIM NANCE,CHAIRMAN UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, Dated: INC. (SEAL) By: James G.Weeks, PhD,VP-Secretary/Treasurer Approved as to form and legality: c- Jennifer A. Belpedio J. Assistant County Attorney UCP CD15-06-IDIS#518 Fide for Life-Transportation Services Page 30 Packet Page -915- 10/27/2015 16.D.5. PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers'Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage.Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: UCP CD15-06-1DIS#518 Ride for Life-Transportation Services Page 31 Packet Page-916- 10/27/2015 16.D.5. 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers'Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "Ail 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. UCP CD15-06-IDIS4518 Ride for Life-Transportation Services Page 32 Packet Page-917- 10/27/2015 16.D.5. EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Recipient Name: United Cerebral Palsy of Southwest Florida, Inc.(UCP) Recipient Address: 9040 Sunset Drive, Miami, FL 33173 Project Name: Ride for Life Program -Transportation Services Project No: CD15-06 IDIS#518 Payment Request# Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION 11:STATUS OF FUNDS Grant Amount Awarded $ Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum of Past Claims paid on this Account $ Amount of Previous Unpaid Requests $ Amount of Today's Request $ 10% Retainage Amount Withheld $ Current Grant Balance (Initial Grant Amount $ Awarded Less Sum of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required$15,000 and above) UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 33 Packet Page-918- J Y�r v.. 10/27/2015 16.D.5. EXHIBIT"C, QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipient shall submit the information contained herein within ten (10) days of the end of each calendar quarter. QUARTERLY PROGRESS REPORT Sub-recipients:Please fill in the following shaded areas of the report Agency Name: United Cerebral Palsy of Southwest Florida,Inc. Date: Project Title: Ride for Life Program-Transportation Services Ellie VanderMeuse- Alternate Roberts,Area Program Contact: Kirk Zaremba,Corporate Director of Grants and Development Contact: Director Telephone Number: (305)273-3055 (239)643-5338 X 101 Activity Reporting Period Report Due Date October 151-December 315' January 10"' January 315`—March 315' April 10th April 1st—June 3015 July 10th July 151—September 30th October 10th Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting 1. those goals since the beginning of the agreement. A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. Outcome 1: 30 adult persons with disabilities will benefit from the transportation services. Outcome 2: Maintain staff and drivers to deliver the transportation program. Outcome 3: Documentation of national objective achievement: LMC-Presumed Low Mod Clientele Outcome 4: UCP CD15-06-IDIS 14528 Ride for Life-Transportation Services Page 34 Packet Page -919- 10/27/2015 16.D.5. Goal Progress: Indicate the progress to date in meeting each outcome goal. Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new 2. timeline for approval ❑ ❑ Yes No If no,explain: 3. Since October 1,2015,of the persons assisted,how many.... a. ...now have new access(continuing)to this service or benefit? 0 b. ...now has improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What funding sources are applied for this period/program year? Other Consolidated Plan Funds CDBG Other Federal Funds ESG State/Local Funds HOME Total Entitlement Total Other Funds $ 0.00 Funds $ 0.00 UCP CD15-06-IDIS 4518 Ride for Life-Transportation Services Page 35 Packet Page -920- 10/27/2015 16.D.5. 5. What is the total number of UNDUPLICATED clients served this quarter,if applicable? a, Total No. of adult females served: 0 Total No.of females served under 18: 0 b. Total No. of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: Total No.of female head of household: 0 6. What is the total number of UNDUPLICATED clients served since October,if applicable? a. Total No,of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No. of families served: 0 Total No.of female head of household: 0 Complete EITHER question#7 OR#8. Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8 7. I PRESUMED BENEFICIARY DATA: I 8. I OTHER BENEFICIARY DATA:INCOME RANGE I Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served since October 1 who fall Into each presumed benefit category since October 1 who fall into each income category(the total (the total should equal the total in question#6) should equal the total in question#6) REPORT AS: REPORT AS: O Abused Children Homeless 0 Extremely low Income(0-30%) O Person Battered 0 Low Income(31-50%) O Battered Spouses 0 Moderate Income(51-80%) O Persons w/HIV/AIDS 0 Above Moderate Income(>80%) O Elderly Persons O Veterans O ChronicallylMentally III O Physically Disabled Adults O Other-Youth TOTAL: 0 TOTAL: o 9. 1 Racial&Ethnic Data: I (if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell). RACE ETHNICITY White 0 -,whom,how many are Hispanic? 0 Black/African American 0 :whom,how many are Hispanic? 0 Asian 0 :whom,how many are Hispanic? 0 American Indian/Alaska Native 0 ;whom,how many are Hispanic? 0 Native Hawaiian/Other Pacific Islander 0 ,whom,how many are Hispanic? 0 American Indian/Alaskan Native&white 0 ,whom,how many are Hispanic? 0 Black/African American&White 0 :whore,how many are Hispanic? 0 Am.Indian/Alaska Native&Black/African Am, 0 ;whom,how many are Hispanic? 0 Other Multi-racial 0 ;whom,how many are Hispanic? 0 TOTAL: 0 TOTAL:HISPANIC 0 Name: Signature: Your Typed name here represents your electronic signature Title; UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 36 Packet Page -921- 10/27/2015 16.D.5. EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets:All Household Members, Including Minors Member Asset Description Cash Value Income .�_ from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) UCP CD1S-06-IDIS#518 Ride for Life-Transportation Services Page 37 Packet Page-922- 10/27/2015 16.D.5. C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits Public Other Salaries / Assistance Income (include tips, Pensions Asset commissions, Income bonuses, and overtime) (Enter the greater of 1 box B(b)or 2 box B(c), 3 above, in 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of 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 UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 38 Packet Page-923- 10/27/2015 16.D.5. F. 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 Very-Low Income (VII) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). U Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Moderate Income (MOD) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area (MSA)of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race /Ethnicity By Age Native American Hawaiian or Oth 0-- 26— 41— Asian Black White 62+ Indian Other Pac. er 25 40 61 Islander Hispanic Non- Hispani NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. UCP CD15-06-IDIS#t518 Ride for Life-Transportation Services Page 39 Packet Page -924- 10/27/2015 16.D.5. 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 United Cerebral Palsy of Southwest Florida, Inc. (UCP) 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 06/15 UCP CD15-06-IDIS#518 Ride for Life-Transportation Services Page 40 Packet Page -925- 10/27/2015 16.D.5. FAIN# B-15-UC-12-0016 Federal Award Date Est. 10/2015 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $500,000 Funds Awarded Subrecipient Name Habitat for Humanity of Collier County, Inc. DUNS# 080676690 FEIN# 59-1834379 R & D No Indirect Cost Rate No Period of Performance 10/01/2015-07/31/2016 Fiscal Year End 6/30 Monitor End: 09/2026 AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THIS AGREEMENT is made and entered into this day of 2015, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E Tamiami Trail, Naples FL 34112, and Habitat for Humanity of Collier County, Inc. ("Subrecipient"), having its principal office at 11145 Tamiami Trail E, Naples, FL 34113. 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 2015-2016 for the CDBG Program on August 11, 2015 in absentia (item # 16D2)—and ratified on September 8, 2015—(item# 16F1); 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 10,2015 with a 30 day Citizen Comment period from June 10,2015 to July 10, 2015; and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program;and Habitat for Humanity CD15-01-IDISIf514 Scattered Sites Acquisition Page 1 Packet Page-926- 10/27/2015 16.D.5. WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG Acquisition activity; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 2 Packet Page -927- 10/27/2015 16.D.5. 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 determined by Collier County Community and Human Services(CHS) Division,to perform the tasks necessary to conduct the program as follows: Project Component One: Scattered Sites Acquisition: Funding costs will include but not be limited to the following expenses: Purchase of vacant lots (scattered sites) located throughout Collier County appraisal fees, inspections, survey, environmental review, and other closing costs. Project Component Two: Project Delivery: The SUBRECIPIENT will complete program management and other project compliance activities conducted by their staff or contracted party. CHS, as an administrator of the CDBG program, will make available FY2015-2016 CDBG funds up to the gross amount of $500,000 to Habitat for Humanity of Collier County, Inc. for said referenced activities as outlined in Project Components One and Two. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty(30)days of award of this agreement: • Affirmative Fair Housing Policy ►� Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy • Procurement Policy Uniform Relocation Act Policy • Sexual Harassment Policy Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) 11 Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.794) • Fraud Policy Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 3 Packet Page -928- 10/27/2015 16.D.5. 1.2 PROJECT DETAILS A. Project Description/Project Budget Acquisition and Project Delivery activities Federal Amount Project Component 1:Scattered Sites Acquisition $450,000 Purchase of vacant lots located throughout Collier County; appraisal, inspections, survey, environmental and closing costs. Project Component 2: Project Delivery $50,000 The SUBRECIPIENT will complete program management and other project compliance activities conducted by staff or contracted party. Total Federal Funds: $500,000.00 The Subrecipient will accomplish the following checked project tasks: (� Pay all closing costs related to property conveyance • Maintain and provide to the County as requested beneficiary income certification documentation 11 Maintain National Objective Documentation Q 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 Provide monthly construction and rehabilitation progress reports until completion of construction and rehabilitation • Identify Lead Project Manager • Provide Site Design and Specifications n Comply with Davis Bacon Labor Standards j Provide certified payroll weekly throughout construction and rehabilitation Comply with Uniform Relocation Act(URA), if necessary • Ensure applicable numbers of units are Section 504/ADA accessible • Ensure the applicable affordability period for the project is met B. 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 definition of: [� LMA—Low/Mod Area Benefit Habitat for Humanity CD15-01-IDIS4t514 Scattered Sites Acquisition Page 4 Packet Page -929- 10/27/2015 16.D.5. LMC—Low/Mod Clientele Benefit or presumed Low Mod Clientele ® LMH—Low/Mod Housing Benefit LMJ—Low/Mod Job Benefit C. Project Outcome The Subrecipient will purchase up to fifteen (15) vacant lots throughout Collier County for the future construction of single family homes which will benefit LMI households. D. 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 Annually within thirty (30)days of renewal Detailed project Schedule Project Schedule Within thirty(30) days of agreement execution Submission of Progress Report Exhibit C Quarterly reports.Annually after closeout. Financial and Compliance Audit Exhibit E Annually one hundred eighty (180) days after FY end until 2021 Program Income Detail for each property and At the time of sale to qualified homebuyer note and mortgage homebuyer for principal reduction E. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Scattered Sites Submission of monthly invoices and At time of aquisition Acquisition backup as evidenced by HUD Purchase of vacant lots located 1/invoice/closing documents/deed throughout Collier County; to also restriction, note, mortgage/banking include but not limited to those cost documents/Exhibit B and any associated with the acquisition, additional documentation as survey, appraisal, inspection and requested environmental. There will be no retainage held on this component Project Component 2: Project Submission of monthly invoices and Monthly Delivery: Program management and backup as evidenced by/banking compliance related activities in documents/time sheets/Exhibit B and Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 5 Packet Page-930- 10/27/2015 16.D.5. support of project implementation any additional documentation as performed by in house staff or requested contracted 3rd party 10% up to a total of$5,000 will be withheld from component#2 invoice and shall be released upon final monitoring clearance documentation 10%of Component#2 invoice up to $5,000.00 will be retained and released upon documentation that a CDBG National Objective has been met. Failure on behalf of the subrecipient in achieving the national objective under this agreement will require repayment of the entire CDBG investment under this agreement.All homes shall be constructed and occupied no later than July 2021. 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start October 1, 2015 and shall end on July 31, 2016. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Five Hundred Thousand Dollars ($500,000.00)for the use by the SUBRECIPIENT during the term of the agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the agreement,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. 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. 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. Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 6 , Packet Page -931- 10/27/2015 16.D.5. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. The SUBRECIPIENT is required to submit all project delivery invoices within 60 days of incurring the cost. Should the SUBRECIPIENT fail to submit invoices and supporting documentation this may constitute forfeiture of reimbursement and said non-payment shall be at the sole discretion of the Community and Human Services Director or designee. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 13 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. 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 Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 7 Packet Page -932- 10/27/2015 16.D.5. Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery,or sent by facsimile or other electronic means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz,Grant Coordinator 3339 E Tamiami Trail,Suite 211 Naples, Florida 34112 Email: RosaMunozftcolliergov.net Telephone: (239)252-5713 SUBRECIPIENT ATTENTION: Cormac Giblin, Senior Project Manager Habitat for Humanity of Collier County 11145 Tamiami Trail East Naples, FL 34113 CGiblin W HFHCollier.com Telephone: 239-775-0036 Habitat for Humanity CD15-O1-IDIS#514 Scattered Sites Acquisition Page 8 Packet Page -933- 10/27/2015 16.D.5. PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer, or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 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. 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 Habitat for Humanity CD1S-O1-IDISf514 Scattered Sites Acquisition Page 9 Packet Page -934- 10/27/2015 16.D.5. 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. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5)years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5)year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate Habitat for Humanity CD15-01-1DIStt514 Scattered Sites Acquisition Page 10 Packet Page -935- 10/27/2015 16.D.5. determinations as defined in 24 CFR 570.208, income certification, and written Agreements with beneficiaries,where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit E) to the COUNTY no later than one hundred eighty(180) days after the SUBRECIPIENT's fiscal year end.The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 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. Habitat for Humanity Cols-01-IDIStIS14 Scattered Sites Acquisition Page 11 Packet Page-936- 10/27/2015 16.D.5. In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The County may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity may be considered in violation of Resolution No. 2013-228 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the 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 Habitat for Humanity CD1S-01-IDIS#514 Scattered Sites Acquisition Page 12 Packet Page-937- 10/27/2015 16.D.5. 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties or other activities. • The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non- compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit 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. 1111011MIM 41111.11111111.1111 Habitat for Humanity CD15-01-IDISd514 Scattered Sites Acquisition Page 13 Packet Page-938- 10/27/2015 16.D.5. 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) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS 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. Habitat for Humanity CD1S-01-IDIS#514 Scattered Sites Acquisition Page 14 Packet Page -939- 10/27/2015 16.D.5. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue 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. Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 15 Packet Page-940- 10/27/2015 16.D.5. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 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 200.39, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made,the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders,and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; Habitat for Humanity CD1S-O1-IDIS##514 Scattered Sites Acquisition Page 16 Packet Page -941- 10/27/2015 16.D.5. F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). Regulations regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE Habitat for Humanity CD15-01-IDISti514 Scattered Sites Acquisition Page 17 Packet Page-942- 10/27/2015 16.D.5. SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and 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 Quote $3,000-$10,000 3 Written Quotes $10,000-$50,000 3 Written Quotes $50,000+ Bids, Proposals, Contracts (ITB, RFP, etc) 3.13 PROGRAM GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY at the time of resale to a qualified LMI household and a program income re-use plan shall be submitted annually to ensure continued compliance. All Program Income shall be returned to the LMI homebuyer in the form of a principal reduction in accordance with the SUBRECPIENT Program Income Reuse Plan. Program Income shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. At the time of sale and upon completion of construction of new home a job cost detail will be provided for each home. Prior to the sale of each property Program Income shall be calculated and submitted to the County for approval. The subrecipient shall calculate the CDBG investment in each property utilizing the job cost detail. The net CDBG investment shall be secured with a a Note and Mortgage to the benefit of the County. *Example in calculating CDBG homeowner subsidy(for illustration purposes only): Habitat for Humanity CD15-O1-IDIS#514 Scattered Sites Acquisition Page 18 Packet Page -943- 10/27/2015 16.D.5. $50,000 CDBG investment/$80,000 job cost detail= total development cost($130,000) $50,000/$130,000=.38 job cost $150,000 Sales Price CDBG subsidy 38%or$57,000 to!MI homebuyer and secured with Note and Mortgage 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The Subrecipient may close out the project with the County after the year affordability period has been met, if applicable. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all Federal grant requirements have been completed. 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 SMAL 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 Habitat for Humanity CD15-01 1DIS74514 Scattered Sites Acquisition Page 19 Packet Page-944- 10/27/2015 16.D.5. participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and must be submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing Habitat for Humanity C015-01-1015#514 Scattered Sites Acquisition Page 20 Packet Page -945- 10/27/2015 16.D.5. conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 21 Packet Page -946- 10/27/2015 16.D.5. 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, Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 22 Packet Page-947- 10/27/2015 16.D.5. PART 1V GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.iaw.cornell.edu/cfr/text/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main_02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddoistatement.pdf E.O. 11063 — Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/EXO11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federa l-register/codification/executive-order/12259.html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal_opp/prog desc/title8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086- which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html EO 11375 and 12086: see item#8 below Habitat for Humanity CD15-D1-IDIS#514 Scattered Sites Acquisition Page 23 Packet Page-948- 10/27/2015 16.D.5. 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic Habitat for Humanity CD15-01-IDIS 14514 Scattered Sites Acquisition Page 24 Packet Page-949- 10/27/2015 16.D.5. opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_main_02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm 11063:http://portal.hud.gov/hudportai/HUD?src=/program_offices/fair_housing_equal_o pp/FHLaws/EXO11063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375: Amended by EO 11478 11478: http://www.archives.gov/federal-register/codificationjexecutive-order/11478.htmI 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.htmI 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.htmI 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://www.epa.gov/civilrights/secSO4.htm 29 USC 776: http://law.onecle.com/uscode/29/776.html 24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 29 CFR Parts 3 and 5- Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in whole or in part by Loans or Grants from the United States- http://www.law.cornelLedu/cfr/text/29/part-3 Habitat for Humanity CD15-01-IDIS 4514 Scattered Sites Acquisition Page 25 Packet Page-950- 10/27/2015 16.D.5. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45-which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.21 Prohibition Of Gifts To County Employees- No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- http://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii Collier County- http://bccsp0l/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1% 20Standards%20of%20Conduct.pdf 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all Habitat for Humanity CD15-01-IDIStl514 Scattered Sites Acquisition Page 26 Packet Page-951- 10/27/2015 16.D.5. other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue-Any suit of action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.25 The SUBRECIPIENT agrees to comply with the following require rnents: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/cha peer-26 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 27 Packet Page -952- 10/27/2015 16.D.5. idx?c=ecfr8SlD=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.6&id no=24 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. 1.1.3.4.11.1.9&idno=24 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main_02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nps.gov/history/iocal- law/nhna1966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). http://us-code.vlex.cam/vid/drug-free-workplace-requirements-contractors-19242870 4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal Department or agency; and,that the SUBRECIPIENT shall not knowingly enter into any lower tier contract,or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&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 et seq. 4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the County eighty (180) days after the end of the SUBRECIPIENT's fiscal year.The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133 or 2 CFR 200(as Habitat for Humanity CD15-01-1015 11514 Scattered Sites Acquisition Page 28 Packet Page-953- 10/27/2015 16.D.5. applicable), Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitehouse.gov/omb/circulars/a133_com pliance_supplement_2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject to the provisions of CDBG including, but not limited to,the provisions on use and disposition of property.Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.cornell.edu/cfritext/49/24.101 http://cfr.vlex.cam/vid/570-505-use-real-property-19928754 4.34 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof.This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.lawserver.com/law/state/florida/statutes/f lorida_statutes_287-133 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 29 Packet Page -954- 10/27/2015 16.D.5. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statutes 713.20, Part 1,Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700 0799/0713/0713.html 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida_statutes_119-021 4.40 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html (Signature Page to Follow) Habitat for Humanity C015-01-IDISf514 Scattered Sites Acquisition Page 30 Packet Page-955- 10/27/2015 16.D.5. IN WITNESS WHEREOF,the Subrecipient and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK, CLERK COUNTY, FLORIDA By: , Deputy Clerk TIM NANCE, CHAIRMAN HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Dated: (SEAL) By: Nick Kouloheras,V.P.of Land Development Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney CAt Habitat for Humanity Co15-o1-101541514 Scattered Sites Acquisition Page 31 Packet Page-956- 10/27/2015 16.D.5. PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Habitat for Humanity CD15-01-I DIS#514 Scattered Sites Acquisition Page 32 Packet Page-957- 10/27/2015 16.D.5. 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Habitat for Humanity CD15-01-1DIS#1514 Scattered Sites Acquisition Page 33 Packet Page-958- 10/27/2015 16.D.5. EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Recipient Name: Habitat for Humanity of Collier County(HfH) Recipient Address: 11145 Tamiami Trail East, Naples, FL 34113 Project Name: Scattered Site Acquisition Project No:CD15-01 IDIS#514 Payment Request# Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II:STATUS OF FUNDS Grant Amount Awarded $ Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum of Past Claims paid on this Account $ Amount of Previous Unpaid Requests $ Amount of Today's Request $ 10% Retainage Amount Withheld $ Current Grant Balance (Initial Grant Amount $ Awarded Less Sum of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required $15,000 and above) (Approval Required $15,000 and above) Habitat for Humanity CD15-01-IDISt1514 Scattered Sites Acquisition Page 34 Packet Page-959- 10/27/2015 16.D.5. FXWIRUT"r" QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipient shall submit the information contained herein within ten (10) days of the end of each calendar quarter. QUARTERLY PROGRESS REPORT Sub-recipients:Please fill in the following shaded areas of the report Agency Name: Habitat for Humanity of Collier County(HfH) Date: Project Title: Scattered Sites Acquisition Alternate Program Contact: Cormac Giblin,Senior Project Manager Contact: Telephone Number: (239)239-775-0036 Activity Reporting Period Report Due Date October 15t-December 315' January 10th January 31st—March 3151 April 10th April 1st—June 30th July 10th July 151—September 30th October 10th Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting 1. those goals since the beginning of the agreement. A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. Outcome 1: Acquisition of scattered site vacant lots throughout Collier County for future housing which will benefit LMI Households Outcome 2: Completion of Project Delivery Activities: program management and compliance activities Outcome 3: Documentation of national objective achievement: LMI/LMH Outcome 4: "oat Progress:Indicate the progress to date in meeting each outcome goal. Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 35 Packet Page -960- 10/27/2015 16.D.5. Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new 2. timeline for approval. o Cl Yes No If no,explain: 3. Since October 1,2015,of the persons assisted,how many.... a. ...now have new access(continuing)to this service or benefit? 0 b. ...now has improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What funding sources are applied for this period!program year? Other Consolidated Plan Funds CDBG Other Federal Funds ESG State/Local Funds HOME Total Entitlement Total Other Funds $ 0.00 Funds $ 0.00 Habitat for Humanity CD15-01-10155514 Scattered Sites Acquisition Page 36 Packet Page -961- . ; 10/27/2015 16.D.5. 5. What is the total number of UNDUPLICATED clients served this quarter,if applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: Total No.of female head of household: 0 6. What is the total number of UNDUPLICATED clients served since October,if applicable? a. Total No.of adult females served: 0 Total No. of females served under 18: 0 b. Total No.of adult males served: 0 Total No. of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No.of female head of household: 0 Complete EITHER question#7 OR#8. Complete question#7 If your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 If any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8 7. PRESUMED BENEFICIARY DATA: 8. OTHER BENEFICIARY DATA:INCOME RANGE Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served since October 1 who fall Into each presumed benefit category since October 1 who fall into each income category(the total (the total should equal the total in question#6) should equal the total in question#6) REPORT AS: REPORT AS: O Abused Children Homeless 0 Extremely low Income(030%) O Person Battered 0 Low Income(31-50%) O Battered Spouses 0 Moderate Income(51-80%) o Persons w/HIV/AIDS Cl Above Moderate Income(>80%) O Elderly Persons O Veterans O Chronically/Mentally Ill O Physically Disabled Adults o Other-Youth TOTAL: D TOTAL: D 9. Racial&Ethnic Data: (if applicable) Please indicate how many UNDUPLICATED clients served since October tall into each race category.In addition to each race category,please indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell). RACE ETHNICITY White 0 ,of whom,how many are Hispanic? 0 Black/African American 0 .of whom,how many are Hispanic? 0 Asian 0 ,of whorn,how many are Hispanic? 0 American Indian/Alaska Native 0 ,of whom.how many are Hispanic? 0 Native Hawaiian/Other Pacific Islander 0 ,of wham,how many are Hispanic? 0 American Indian/Alaskan Native S white 0 ;of whom,how many are Hispanic? 0 Black/African American&White 0 :of whom,how many are Hispanic? 0 Am Indian/Alaska Native 8 Black/African Am. 0 ,of whom,how many are Hispanic? 0 Other Multi-racial 0 of whom.how many are Hispanic? 0 TOTAL: o TOTAL:HISPANIC o Name: Signature. Your Typed name here represents your electronic signature Habitat for Humanity CD15-01-IDIS#1514 Scattered Sites Acquisition Page 37 Packet Page -962- 10/27/2015 16.D.5. EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets:All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 — -6 7 —8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0%) and enter results in B(c),otherwise , leave blank. _ B(c) Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 38 Packet Page -963- 10/27/2015 16.D.5. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits Public Other Salaries / Assistance Income (include tips, Pensions Asset commissions, Income bonuses,and overtime) (Enter the . greater of 1 box B(b)or 2 box B(c), 3 _ above, in 4 box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of 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 Habitat for Humanity CD15-01-IDIStt514 Scattered Sites Acquisition Page 39 Packet Page-964- 10/27/2015 16.D.5. F. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s) a: Very-Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). (— Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). n Moderate Income (MOD) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of 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 Oth 0— 26— 41— Asian Black White 62+ Indian Other Pac. er 25 40 61 Islander Hispanic Non- Hispani NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Habitat for Humanity CD15-01-IDIS#514 Scattered Sites Acquisition Page 40 Packet Page -965- 10/27/2015 16.D.5. 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 Habitat for Humanity of Collier County, Inc. 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: I I ❑ 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 I included separate from the written response provided within the audit reports. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. _ Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/15 Habitat for Humanity C015-01-IDIS#514 Scattered Sites Acquisition Page 41 Packet Page-966- 10/27/2015 16.D.5. FAIN# B-15-UC-12-0016 B-12-UC-12-0016 B-11-UC-12-0016 Federal Award 10/2011 Date(s) 10/2012 Est. 10/2015 Federal Award HUD Agency CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount FY 2011$34,067 of Federal FY 2012 $61,087 Funds Awarded FY 2015 $489,821 Subrecipient Youth Haven, Inc. Name R&D No DUNS# 077283349 Indirect Cost No Rate FEIN# 23-7065187 Period of October 1, 2015- Performance March 31, 2018 Fiscal Year End 06/30 Monitor End: 03/31/2023 AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. SHELTER AND TRANSITIONAL LIVING HOME FOR COLLIER COUNTY YOUTH PROJECT THIS AGREEMENT is made and entered into this 27 day of October 2015, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E Tamiami Trail, Naples FL 34112, and Youth Haven, Inc. ("Subrecipient"), having its principal office at 5867 Whitaker Road, Naples, FL 34112 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 Youth Haven,Inc. CD15—04 IDIStf 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page -967- 10/27/2015 16.D.5. WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan — One year Action Plan for Federal Fiscal Year 2015-2016 for the CDBG Program on August 11, 2015 in absentia (Item#16D2) and ratified on September 8, 2015—(Item#16F1-B); 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 10, 2015 with a 30 day Citizen Comment period from June 10, 2015 to July 10, 2015; and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS,the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the CDBG Youth Haven, Inc. Shelter and Transitional Living Home for Collier County Youth Project;and NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: 'Youth Haven,Inc. CD15—04 IDISit 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-968- ``� 10/27/2015 16.D.5. 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 determined by Collier County Community and Human Services(CHS) Division, perform the tasks necessary to conduct the program as follows: 1CHS, as an administrator of the CDBG program, will make available CDBG funds up to the gross amount of$584,975 to Youth Haven, Inc. to fund design, permitting and construction activities for the construction of a youth facility to house homeless youth. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty(30) days of award of this agreement: • Affirmative Fair Housing Policy Affirmative Action/ Equal Opportunity Policy • Conflict of Interest Policy • Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy • Procedure for meeting the requirements set forth in Section 3 of the Housing 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) • Fraud Policy 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Construction and applicable project fees to include but not $69,915 limited to; inspection/application/permit Project Component 2:Construction related activities $515,060 Total Federal Funds: $584,975.00 • Details will be provided in the schedule of values !Youth Haven,Inc. CD15—04 ID1S4 517 Shelter and Transitional Living Home for Collier County Yo " ' Packet Page -969- + -- 10/27/2015 16.0.5. The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance n Maintain and provide to the County as requested beneficiary income certification documentation • Maintain National Objective Documentation ►1 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. • Provide monthly construction and rehabilitation progress reports until completion of construction and rehabilitation. • Identify Lead Project Manager • Provide Site Design and Specifications • Comply with Davis Bacon Labor Standards • Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA), if necessary • Ensure applicable numbers of units are Section 504/ADA accessible • Ensure the applicable affordability period for the project is met B. 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 definition of: LMA—Low/Mod Area Benefit • LMC—Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit C. Project Outcome The Subrecipient will perform the following activities to construct a homeless shelter for youth at the Youth Haven, Inc. facility. Construction activities shall include but not limited to; design, permitting and construction activities. The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives in accordance with 24 CFR 570.505. D. Performance Deliverables Youth Haven,Inc. CD15—04 IDIS#517 Shelter and Transitional Living Home for Collier County Yo • " ' ' Packet Page -970- 10/27/2015 16.D.5. Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies !Policies as stated in this 'Within thirty (30) days of (Section 1.1) I agreement 1 agreement execution 1 Insurance ! ;Insurance Certificate Annually within thirty(30) days of renewal until 2023 'Detailed project Schedule ' 'Project Schedule Within thirty(30)days of agreement execution I 'Project Plans and Specifications Site Plans and Specifications ;Prior to Construction Start ;Submission of Progress Report 1 !Exhibit C Quarterly reports.Annually after closeout for the period of continued use. 'Financial and Compliance Audit ,Exhibit E j !Annually one hundred eighty (180)days after FY end until 2023 'Continued Use Certification I Continued Use Affidavit Annually until 2023 1 'Revenue Plan for maintenance Plan approved by the County ; Initial Plan due after completion and Capital Reserve of rehabilitation and annually thereafter until 2023 'Program Income Reuse Plan 'Plan Approved by the County 1 'Due upon completion of construction and annually thereafter until 2023 E. Payment Deliverables _ Payment Deliverable Payment Supporting Documentation Submission Schedule ;Project Component 1: Submission of supporting documents must Submission of monthly Construction and applicable be provided as backup as evidenced by, invoices. project fees to include but not banking documents, invoices and any limited to; additional documents as needed. inspection/application/permit Project Component 2: Submission of supporting documents must Submission of monthly Construction related activities be provided as backup as evidenced by, invoices. banking documents, invoices and any additional documents as needed. Final 10% ($58,497.50) of retainage held will be released upon documentation of a certificate of occupancy has been obtained and Youth Haven, Inc. and a beneficiary count of 100 homeless youth, in order to meet a CDBG National Objective. Failure on behalf of the subrecipient in achieving the National Objective under this agreement will require repayment of the CDBG investment under this agreement and aforementioned acquisition agreement. 1.3 PERIOD OF PERFORMANCE 'Youth Haven,Inc. CD15—04 IDISt1 517 Shelter and Transitional Living Home for Collier County Yo -' Packet Page -971- __,, 10/27/2015 16.D.S. Services of the Subrecipient shall start effective the date of October 1, 2015 and shall end on March 31, 2018. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Five Hundred Eighty Four Nine Hundred and Seventy Five Thousand Dollars ($584,975.00) for the use by the SUBRECIPIENT during the term of the agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the agreement, shall be referred to as the "Funds"). 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. If applicable, 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. The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to 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. Youth Haven,Inc. CD15--04 IDIS#517 cC-.1`J Shelter and Transitional Living Home for Collier County Youth Packet Page-972- 10/27/2015 16.D.5. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 13 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. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. !COLLIER COUNTY ATTENTION: Lisa Oien,Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: lisaoien @colliergov.net Telephone: (239) 252-6141 Youth Haven,Inc. CD15-04IDIS#517 Shelter and Transitional Living Home for Collier County Yc••"^Packet Page-973- 10/27/2015 16.D.5. sUBRFCIPIENT ATTENTION: Stephanie Jinx Liggett, Executive Director 5867 Whitaker Road Naples, Florida 34112 Telephone: (239)774-2904 Youth Haven,Inc. CD15—04 IDISP 517 Shelter and Transitional Living Home for Collier County Yot Packet Page -974- 10/27/2015 16.D.5. PART H GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer, or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments.The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 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. 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 Youth Haven,Inc. CD15-04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page -975- 10/27/2015 16.D.5. 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. D. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5)years after the date of submission of the annual performance and evaluation report, as prescribed in 2CFR 200.333 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5)year period,the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this agreement of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all requirements for retaining public records and transfer, at no cost,to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate Youth Haven,Inc. CD15—04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page -976- 10/27/2015 16.D.5. determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.335 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit E)to the COUNTY no later than one hundred eighty (180) days after the SUBRECIPIENT's fiscal year end.The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required.The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 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. !Youth Haven,Inc. CD15—04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-977- 10/27/2015 16.D.5. In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The County may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity may be considered in violation of Resolution No. 2013-228 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the 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 1Youth Haven,Inc. CD15—0410154 517 Shelter and Transitional Living Home for Collier County Youth Project 1 Packet Page -978- 10/27/2015 16.D.5. 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties or other activities. • The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non- compliant, the above sanctions may be imposed across all awards at the BCC's discretion, 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this agreement, and on the resolution of monitoring findings identified pursuant to this agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit 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. youth Haven,Inc. CD15-04 IDIS#1 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-979- 10/27/2015 16.D.5. 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) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations,and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance,as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS 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. Youth Haven,Inc. CD15-04 IDISA 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-980- 10/27/2015 16.D.5. The COUNTY may, in its discretion, amend this agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event,the COUNTY may terminate this agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue 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. Youth Haven,Inc. CD15—04(DISH 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page -981- 10/27/2015 16.D.5. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED 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 200.39, this agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; C. Ineffective or improper use of funds provided under this agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; ;Youth Haven,Inc. CD15—04 IDISII 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-982- 10/27/2015 16.D.5. F. Failure to materially comply with any terms of this agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this agreement; D. Apply sanctions if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this agreement and in addition to any and all other remedies available to the COUNTY (whether under this agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right(nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). Regulations regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE !Youth Haven,Inc. CD15—04 IDISti 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-983- • 10/27/2015 16.D.5. SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and 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 Quote $3,000-$10,000 3 Written Quotes $10,000-$50,000 3 Written Quotes $50,000+ Bids, Proposals, Contracts(ITB, REP, etc) 3.13 PROGRAM GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The Subrecipient may close out the project with the County after the year affordability period has been met, if applicable. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being I. Youth Haven,Inc. CDis-04 IDIS#517 Shelter and Transitional Living Horne for Collier County Youth Project Packet Page-984- 10/27/2015 16.D.5. applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a • business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 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 Youth Haven,Inc. CD15—04 101511517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page -985- 10/27/2015 16.D.5. through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and must be submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that 'Youth Haven,Inc. CD15—04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project j Packet Page-986- 10/27/2015 16.D.5. maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities,such as worship, religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however,are ineligible for CDBG funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the County. 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. ..a Youth Haven,Inc. CD15-04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-987- 10/27/2015 16.D.5. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main_02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddoistatement.pdf E.O. 11063 — Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/EX011063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/grog desc/title8 4.6 24 CFR 570.601 Subpart 1< - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086- which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html EO 11375 and 12086:see item#8 below Youth Haven,Inc. CD15—04 I1)I5t1 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page -988- 10/27/2015 16.D.5. 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY,the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this agreement: "The work to be performed under this agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic youth Haven,Inc. CD15-04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-989- 10/27/2015 16.D.5. opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_m a in_02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm 11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_o pp/FHLaws/EX011063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375:Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://www.epa.gov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.html 24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in whole or in part by Loans or Grants from the United States- http://www.law.cornell.edu/cfr/text/29/part-3 Youth Haven,Inc. CD15-04 IRIS#517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-990- 10/27/2015 16.D.5. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.Q. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vo13/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles,and Audit requirements for Grants and Agreements. 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.govjeeoc/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 Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended,and County Administrative Procedure 5311. Florida Statutes- http://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii Collier County- http://bccspol/SiteDirectory/ASD/H R/labor/CMAs/Sha red%20Documents/CMA%205311.1% 20Standards%20of%20Conduct.pdf 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the agreement shall take precedence over the terms of all Youth Haven,Inc. CD15—04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page -991- 10/27/2015 16.D.5. other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 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). 414 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this agreement shall be Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act,41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/cha pter-26 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- frouth Haven,Inc. CD15—04 IDIS#517 • Shelter and Transitional Living Home for Collier County Youth Project Packet Page-992- ..:.." 10/27/2015 16.D.5. idx?c=ecfr&SID=eba40bd b52822d 80827a48bced5 b0b56&rgn=div8&view=text&Wad e=2 4:3.1.1.3.4.11.1.6&idno=24 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. 1.1.3.4.11.1.9&id no=24 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main_02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http:f/www.nps.gov/history/local- law/nhpa1966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242570 4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and,that the SUBRECIPIENT shall not knowingly enter into any lower tier contract,or other covered transaction,with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&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 et seq. 4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the County eighty (180) days after the end of the SUBRECIPIENT's fiscal year.The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133 or 2 CFR 200(as {Youth Haven,Inc. CD15—04 IDIS#t 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-993- 10/27/2015 16.D.5. applicable), Audits of States, Local Governments,and Non-Profit Organizations. If this agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitehouse.gov/omb/circulars/a 133_compliance_supplement_2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject to the provisions of CDBG including, but not limited to,the provisions on use and disposition of property.Any real property within the SUBRECIPIENT control,which is acquired or improved in whole or part with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.cornell.edu/cfr/text/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.34 As provided in § 287.133, Florida Statutes by entering into this agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof.This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.lawserver.com/law/state/florida/statutes/florida_statutes_287-1.33 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. Youth Haven,Inc, CD15—04 IDISff 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-994- 10/27/2015 16.D.5. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statutes 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&U R L=0700- 0799/0713/0713.html 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida_statutes_119-021 4.40 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fI.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html (Signature Page to Follow) iYouth Haven,Inc. CD15—04 IDIStt 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page -995- 10/27/2015 16.D.5. IN WITNESS WHEREOF, the Subrecipient and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLIER COUNTY, FLORIDA By: By: TIM NANCE, CHAIRMAN YOUTH HAVEN, INC. By: BRENDA O'CONNOR, PRESIDENT Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney i Youth Haven,Inc. CD1S—OA IDIStt 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page -996- 10/27/2015 16.D.5. PART v EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Youth Haven,Inc. CD15—04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project j Packet Page-997- 'I 10/27/2015 16.D.5. 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers'Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A, 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. ;Youth Haven,Inc. CD15—04 IDISft 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-998- 10/27/2015 16.D.5. EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Recipient Name: Recipient Address: Project Name: Project No: IDIS# Payment Request# Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II:STATUS OF FUNDS Grant Amount Awarded $ Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum of Past Claims paid on this Account $ Amount of Previous Unpaid Requests $ Amount of Today's Request $ 10%Retainage Amount Withheld $ Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required $15,000 and above) frouth Haven,Inc. CD15—04 101511 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-999- 10/27/2015 16.D.5. EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipient shall submit the information contained herein within ten (10) days of the end of each calendar quarter. QUARTERLY PROGRESS REPORT Sub-recipients:Please fill in the following shaded areas of the report Agency Name: Youth Haven, Inc. Date: Project Title: Shelter and Transitional living Home for Collier County Youth Project Program Alternate Contact: Joyce Zirkle Contact: Telephone Number: 239-687-5180 Activity Reporting Period Report Due Date October 15'-December 31st January 101" January 3151—March 315' April 101h April 15—June 301" July 10`" July 15'—September 30th October 10th Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting those 1. goals since the beginning of the agreement. A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. Outcome 1: Obtain Certificate of Occupancy for new homeless youth shelter Outcome 2: Serve 100 homeless youth by March 31, 2018 ;Youth Haven,Inc. CD15—04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project i Packet Page-1000- 10/27/2015 16.D.5. B.Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new timeline 2. for approval. ❑ ❑ Yes No If no,explain: 3. Since October 1,2015,of the persons assisted,how many.... 0 a. ...now have new access(continuing)to this service or benefit? 0 b. ...now has improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? TOTAL: 0 4. What funding sources are applied for this period/program year? Other Consolidated Plan Funds CDBG Other Federal Funds ESG State I Local Funds HOME Total Entitlement Total Other Funds $ 0.00 Funds $ 0.00 1111511111111te 421101011111111=11=111111M11 Youth Haven,Inc. CD15-04 101St 517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page -1001- 10/27/2015 16.D.5. 5. What is the total number of UNDUPLICATED clients served this quarter,if applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No. of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 C. Total No.of families served: Total No.of female head of household: 0 6. What is the total number of UNDUPLICATED clients served since October,if applicable? a. Total No. of adult females served: 0 Total No.of females served under 18: 0 b. Total No of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No of families served: 0 Total No.of female head of household: 0 Complete EITHER question#7 OR#8. Complete question#7 if your program only serves clients In one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8 7. PRESUMED BENEFICIARY DATA: 8. OTHER BENEFICIARY DATA:INCOME RANGE Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served since October 1 who fall Into each presumed benefit category since October 1 who fall into each income category(the total (the total should equal the total in question#6) should equal the total in question#6) REPORT AS: REPORT AS: O Abused Children Homeless 0 Extremely low Income(0-30%) O Person Battered 0 Low Income(31-50%) O Battered Spouses 0 Moderate Income(51-80%) O Persons w/HIV/AIDS 0 Above Moderate Income(>80%) O Elderly Persons O Veterans O Chronically/Mentally III O Physically Disabled Adults O Other-Youth TOTAL: 0 TOTAL: o 9. Racial&Ethnic Data: (if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell). RACE ETHNICITY While 0 ;of whom,how many are Hispanic? 0 Black/African American 0 ;of whom,how many are Hispanic? 0 Asian 0 ;of whom,how many are Hispanic'? 0 American Indian/Alaska Native 0 ;of whom,how many are Hispanic? 0 Native Hawaiian/Other Pacific Islander 0 ,of whom,how many are Hispanic? 0 American Indian/Alaskan Native&.white 0 ;of whom,how many are Hispanic? 0 Black/African American&While 0 ;of whom,how many are Hispanic? 0 Am Indian/Alaska Native&Black/African Am. 0 of whom,how many are Hispanic? 0 Other Multi-racial 0 :of whom,how many are Hispanic? 0 TOTAL: 0 TOTAL:HISPANIC 0 Names Signature: Your Typed name here represents your electronic signature I Youth Haven,Inc. CD15—04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page -1002- 10/27/2015 16.D.5. 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 6 S 7 8 — 0.00 Total Cash Value of Assets _ B(a) 0.00 MEM Total Income from Assets B(b) 0.00 If line B(a) is greater than$5,000, multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) Youth Haven,Inc. CD15—04 IDIS#t 517 Shelter and Transitional Living Home for Collier County Youth Project I Packet Page -1003- 10/27/2015 16.D.5. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits Public Other Salaries / Assistance Income (include tips, Pensions Asset commissions, Income bonuses,and [lu, rtlmpi (Enter the 1 greater of 2 box B(b) or 3 box B(c), 4 above, in 5 box C(e) 6 below) 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 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 'Youth Haven,Inc. CD15—04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project I Packet Page-1004- 10/27/2015 16.D.5. E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s) a: Very-Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ )• n Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). 11 Moderate Income (MOD) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area (MSA)of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race /Ethnicity By Age Native American Hawaiian or Oth 0— 26— 41— Asian Black White 62+ Indian Other Pac. er 25 40 61 Islander Hispanic Non- Hispani NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not effect any right he or she has to the CDBG program. Youth Haven,Inc. CD15—04 IDISh!517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-1005- 10/27/2015 16.D.5. EXHIBIT F 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 Youth Haven 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 n 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 06/15 Youth Haven,Inc. CD15—04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page-1006- 10/27/2015 16.D.5. • 'Youth Haven,Inc. CD15—04 IDIS#517 Shelter and Transitional Living Home for Collier County Youth Project Packet Page -1007- 10/27/2015 16.D.5. FAIN# B-15-UC-12-0016 B-10-UC-12-0016 Federal Award 10/2010 Date(s) Est. 10/2015 Federal Award HUD Agency CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 _ Total Amount FY 2010-$212,000 of Federal FY 2015-$288,000 Funds Subrecipient Naples Equestrian Challenge, Inc. Name R&D No DUNS# 060427072 FEIN# 650793008 Indirect Cost No Rate Period Of October 1,2015- Performance March 31, 2018 Fiscal Year End 12/31 Monitor End: 3/31/2023 AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES EQUESTRIAN CHALLENGE, INC THIS AGREEMENT is made and entered into this 27 day of October 2015, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E Tamiami Trail, Naples FL 34112, and Naples Equestrian Challenge, Inc. ("Subrecipient"), having its principal office at 206 Ridge Drive, Naples, FL 34108. 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 2015-2016 for the CDBG Program on August 11, 2015 in absentia (Item#16D2) and ratified on September 8,2015—(Item#16F1-B); and (Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 1 Packet Page -1008- °' i 10/27/2015 16.D.5. 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 10, 2015 with a 30 day Citizen Comment period from June 10, 2015 to July 10, 2015;and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG Naples Equestrian Challenge Phase IV—Construction; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: {Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 2 Packet Page-1009- ` f: 10/27/2015 16.D.5. 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 determined by Collier County Community and Human Services(CHS) Division, perform the tasks necessary to conduct the program as follows: CHS, as an administrator of the CDBG program, will make available CDBG funds up to the gross amount of$500,000 to Naples Equestrian Challenge, Inc. for the construction of a round riding arena with cover and footings, observation deck/platform, stables, training and research room in order to expand the facility, located in Naples FL, to assist persons with special needs. Specifically, improvements identified for funding are outlined in the Project Details Section 1.2. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty(30) days of award of this agreement: • Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy • Procurement Policy Uniform Relocation Act Policy • Sexual Harassment Policy Procedure for meeting the requirements set forth in Section 3 of the Housing 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) • Fraud Policy 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1:Construction related activities to include but not limited to $ 500,000 a) Round Pen/Cover and Footings, b) Observation Deck/Platform and C) Stables/Training and Research Bldg. Total Federal Funds: $500,000 Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 3 -.> Packet Page -1010- r 10/27/2015 16.D.5. The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance n 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. ▪ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. • Identify Lead Project Manager • Provide Site Design and Specifications Comply with Davis Bacon Labor Standards • Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA), if necessary • Ensure applicable numbers of units are Section 504/ADA accessible Ensure the applicable affordability period for the project is met B. 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 definition of: ❑ LMA—Low/Mod Area Benefit LMC—Low/Mod Clientele Benefit or presumed Low Mod Clientele ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit C. Project Outcome The Subrecipient will construct a new Equine Therapy Center which includes the construction related activities to include but not limited to;the installation of Round Pen, Cover and Footings for the Round Pen, an Observation Deck/Platform, and Stables / Training & Research Building. NEC must document that at least 51% of persons served, as result of the Naples Equestrian Challenge Project, are low to moderate income households, in order to meet a CDBG National Objective. Failure on behalf of the Subrecipient in achieving the national objective under this agreement will require repayment of the CDBG investment under this agreement, Agreement CD14-14 Phase Ill,and the acquisition agreement CD13-08. Naples Equestrian Challenge,Inc. CD1S-03 I DIStt516 NEC-Phase IV Page 4 Packet Page -1011- 10/27/2015 16.D.5. The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives in accordance with 24 CFR 570.505. D. 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 " ,Annually within thirty(30) days of renewal " (Detailed project Schedule Project Schedule " Within thirty(30)days of agreement execution and to be updated as changes occur in gnat format "Project Plans and Specifications Site Plans and Specifications ; "30 days Prior to Construction Start "Submission of Progress Report I ;Exhibit C " "Quarterly reports.Annually thereafter following closeout until 2023. 1Financial and Compliance Audit ; ;Exhibit E 1 Annually one hundred eighty (180) days after FY end until 2023 Continued Use Certification Continued Use Affidavit, if ;Annually until 2023 applicable ;Revenue Plan for maintenance ;Plan approved by the County Initial Plan due after completion and Capital Reserve of rehabilitation and annually thereafter until 2023 'Program Income Reuse Plan ;Plan Approved by the County Annually thereafter until 2023 E. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule ;Project Component 1: Submission of monthly Submission of Submission of monthly Construction and related activites supporting documents must be provided invoices. to include but not limited to: a) as backup as evidenced by, banking Round Pen/Cover and Footings documents,completed AIA G702-1992 b)Observation Deck/Platform and form or equivalent document per c) Stables/Training& Research contractor's Schedule of Values and any Bldg additional documents as needed. Final 10% ($50,000.00) of retainage held will be released upon documentation that at least 51% of persons served are low to moderate income households, in order to meet a CDBG National Objective. Failure on behalf of the subrecipient in achieving the National Objective under this agreement will "Naples Equestrian Challenge,Inc. CD15-03 IDI5#516 NEC-Phase IV Page 5 Packet Page-1012- 10/27/2015 16.D.5. require repayment of the CDBG investment under this agreement and aforementioned acquisition agreement. 1.3 PERIOD OF PERFORMANCE ;Services of the Subrecipient shall start effective the date of October 1, 2015 and shall end on March 31, 2018. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Five Hundred Thousand Dollars ($500,000.00) for the use by the SUBRECIPIENT during the term of the agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the agreement,shall be referred to as the"Funds"). I 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. If applicable, 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. The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. !Naples Equestrian Challenge,Inc. CD15-03 IDISt1516 NEC-Phase Iv Page 6 Packet Page -1013- 10/27/2015 16.D.5. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Subrecipient are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically 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. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. 'COLLIER COUNTY 'ATTENTION: Lisa Oien Grant Coordinator 3339 E Tamiami Trail,Suite 211 I ;Naples Equestrian Challenge,Inc. CD15-03 ID15#516 NEC-Phase IV Page 7 Packet Page-1014- 10/27/2015 16.D.5. Naples, Florida 34112 Email: LisaOien @coiiiergov.net Telephone: (239)252-6141 SUBRECIPIENT ! ATTENTION: Kim Minarich, Executive Director 206 Ridge Drive Naples, FL, 34108 11 Email: kminarich @naplesequestrianchallenge.org, Telephone: (239) 596-2988 Naples Equestrian Challenge,Inc. C015-03 101511516 NEC-Phase IV Page 8 Packet Page-1015- 10/27/2015 16.D.5. PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer, or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments.The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 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 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 (Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 9 Packet Page-1016- 10/27/2015 16.D.5. 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. D. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period,the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this agreement of the address where the records are to be kept as outlined in 2 CFR 200.336. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate ;Naples Equestrian Challenge,Inc. CD15-03 IDI5N516 NEC- Phase IV Page 10 Packet Page -1017- 10/27/2015 16.D.5. determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries,where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit E) to the COUNTY no later than one hundred eighty(180) days after the SUBRECIPIENT's fiscal year end.The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1)annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General,the General Accounting Office,the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 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. 'Naples Equestrian Challenge,Inc. CD15-03 IDISl 516 NEC-Phase IV Page 11 ' Packet Page -1018- 10/27/2015 16.D.5. In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The County may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity may be considered in violation of Resolution No. 2013-228 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the 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 !Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 121 Packet Page-1019- 10/27/2015 16.D.5. 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties or other activities. • The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non- compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 25 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. Naples Equestrian Challenge,Inc. CD15-03 IDIS>1516 NEC-Phase IV Page 13 Packet Page -1020- 10/27/2015 16.D.5. 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) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal,state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS 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. Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 141 Packet Page -1021- 10/27/2015 16.D.5. The COUNTY may, in its discretion, amend this agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this agreement. • 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests,clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue 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. ;Naples Equestrian Challenge,Inc. CD15-03 IDIS 14516 NEC-Phase iV Page 15 Packet Page-1022- 10/27/2015 16.D.5. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED 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 200.39, this agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders,and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; C. Ineffective or improper use of funds provided under this agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; Naples Equestrian Challenge,Inc. CD15-03 IDISit516 NEC-Phase IV Page 16 Packet Page-1023- 10/27/2015 16.D.5. F. Failure to materially comply with any terms of this agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this agreement; D. Apply sanctions if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this agreement and in addition to any and all other remedies available to the COUNTY (whether under this agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). Regulations regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE !Naples Equestrian Challenge,Inc. CD15-03 IDIStt516 NEC-Phase IV Page 17 Packet Page-1024- 10/27/2015 16.D.5. SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and 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 Quote $3,000-$10,000 3 Written Quotes $10,000-$50,000 3 Written Quotes $50,000+ Bids, Proposals, Contracts (ITB, RFP, etc) 3.13 PROGRAM GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The Subrecipient may close out the project with the County after the year affordability period has been met, if applicable. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being ;Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 18 Packet Page-1025- 10/27/2015 16.D.5. applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 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 (Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 19 Packet Page -1026- 10/27/2015 16.D.5. through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and must be submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 20 Packet Page-1027- 10/27/2015 16.D.5. maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities,such as worship, religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the County. 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. Naples Equestrian Challenge,Inc. C015-03 IDISH516 NEC-Phase IV Page 21 Packet Page-1028- 10/27/2015 16.D.5. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main_02.tp1 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddojstatement.pdf E.O. 11063 — Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/EX011063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornelLedu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/grog desc/title8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html EO 11375 and 12086: see item#8 below Naples Equestrian Challenge,Inc. CD15-03 IDIS#515 NEC-Phase IV Page 22 Packet Page -1029- 10/27/2015 16.D.5. 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY,the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this agreement: "The work to be performed under this agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic "Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 23 Packet Page-1030- 10/27/2015 16.D.5. opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_main_02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm 11063:http://porta1.hud,gov/hudportal/HUD?src=/program_offices/fair hausing_equal_o pp/F H La ws/EX011063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375:Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.htmI 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://www.epa.gov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.html 24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in whole or in part by Loans or Grants from the United States- http://www.law.co rnell.edu/cfr/text/29/pa rt-3 1Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 24 Packet Page-1031- 10/27/2015 16.D.5. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45-which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vo13/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles,and Audit requirements for Grants and Agreements. 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.21 Prohibition Of Gifts To County Employees- No organization or individual shall offer or give, either directly or indirectly, any favor,gift, loan,fee,service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes,Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- http://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii Collier County- http://bccspol/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1% 20Standards%20of%%20Conduct.pdf 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the agreement shall take precedence over the terms of all Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 25 Packet Page-1032- 10/27/2015 16.D.5. other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue-Any suit of action brought by either party to this agreement against the other party relating to or arising out of this agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this agreement shall be Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act,41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- IIMMIMMINk !Naples Equestrian Challenge,Inc. CD15-031015#1516 NEC-Phase IV Page 26 j Packet Page-1033- 10/27/2015 16.D.5. idx?c=ecfr&SID=eba40bdb52822d80827a.18bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.6&id no=24 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. 1.1.3.4.11.1.9&idno=24 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main_02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nps.gov/history/local- law/nhpa1966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988(41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency;and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba4Obdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&id no=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 et seq. 4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the County eighty (180) days after the end of the SUBRECIPIENT's fiscal year.The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, or 2 CFR 200 'Naples Equestrian Challenge,Inc. CD15-03 IDIS##516 NEC-Phase IV Page 27 Packet Page-1034- 10/27/2015 16.D.5. ( as applicable)Audits of States, Local Governments, and Non-Profit Organizations. If this agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to,the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control,which is acquired or improved in whole or part with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.cornelLedukfr/text/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.34 As provided in § 287.133, Florida Statutes by entering into this agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof.This notice is required by§ 287.133 (3) (a), Florida Statutes. http://www.lawserver.com/law/state/florida/statutes/florida_statutes_287-133 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a 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 iNaples Equestrian Challenge,Inc. CD15-03 IDISN516 NEC-Phase iv Page 28 Packet Rage -1035- 10/27/2015 16.D.5. cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 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. 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statutes 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- 0799/0713/0713.html 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida_statutes_119-021 4.40 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html (Signature Page to Follow) Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 29 Packet Page-1036- 10/27/2015 16.D.5. IN WITNESS WHEREOF,the Subrecipient and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: By: TIM NANCE, CHAIRMAN NAPLES EQUESTRIAN CHALLENGE, INC. By: Kim Minarich, Executive Director Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney 0� ;Naples Equestrian Challenge,Inc, CD15-03 IDIS#1516 NEC-Phase IV Page 30 Packet Page-1037- 10/27/2015 16.D.5. PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: !Naples Equestrian Challenge,Inc. CD15 0310154516 NEC-Phase IV Page 31 Packet Page -1038- 10/27/2015 16.D.5. 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers'Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Naples Equestrian Challenge,Inc. C015-0310614516 NEC-Phase IV Page 321 Packet Page-1039- 10/27/2015 16.D.5. EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Recipient Name: Recipient Address: Project Name: Project No: IDIS# Payment Request# Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II:STATUS OF FUNDS Grant Amount Awarded $ Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum of Past Claims paid on this Account $ Amount of Previous Unpaid Requests $ Amount of Today's Request $ 10% Retainage Amount Withheld $ Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required$15,000 and above) !Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 331 Packet Page -1040- ` „ 10/27/2015 16.D.5. EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDlS") Performance Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, Subrecipient shall submit the information contained herein within ten (10) days of the end of each calendar quarter. QUARTERLY PROGRESS REPORT Sub-recipients:Please fill in the following shaded areas of the report Agency Name: Naples Equestrian Challenge Inc. Date: Project Title: NEC Phase IV-Construction Alternate Program Contact: Kim Minarich, Executive Director Contact: Telephone Number: (239)596-2988 Activity Reporting Period Report Due Date October 1m-December 31" January 10th January 31"—March 31" April 10th April l"—June 301° July 10th July 151—September 30th October 10th Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting 1. those goals since the beginning of the agreement. A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. Outcome 1: Construction round riding arena with cover/footings, observation deck/platform, stables, training & research room Outcome 2: Documentation of national objective achievement: LMC-Presumed Low Mod Clientele. Naples Equestrian Challenge,Inc. CD15-03 IDISIt516 NEC-Phase IV Page 34 Packet Page-1041- 10/27/2015 16.D.5. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new 2. timeline for approval. ❑ ❑ Yes No If no,explain: 3. Since October 1,2015,of the persons assisted,how many.... a. ...now have new access(continuing)to this service or benefit? 0 b. ...now has improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What funding sources are applied for this period/program year? Other Consolidated Plan Funds CDBG Other Federal Funds ESG State/Local Funds HOME Total Entitlement Total Other Funds $ 0.00 Funds $ 0.00 5. What is the total number of UNDUPLICATED clients served this quarter,if applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 !Naples Equestrian Challenge,Inc. CD15-03 IDIStt516 NEC-Phase IV Page 35 Packet Page -1042- 10/27/2015 16.D.5. b. Total No.of adult males served: 0 Total No. of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No. of families served: Total No.of female head of household: 0 6. What is the total number of UNDUPLICATED clients served since October,if applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 h, Total No.of adult males served: 0 Total No.of males served under 18: 0 0 0 TOTAL: TOTAL: c. Total No.of families served: 0 Total No.of female head of household: 0 Complete EITHER question#7 OR#8. Complete question#7 If your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8 7. I PRESUMED BENEFICIARY DATA: I 8. I OTHER BENEFICIARY DATA:INCOME RANGE I Indicate the total number of UNDUPLICATED persons served Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category since October 1 who fall into each income category(the total (the total should equal the total in question#6) should equal the total in question#6) REPORT AS: REPORT AS: O Abused Children Homeless 0 Extremely low Income(0-30%) o Person Battered 0 Low Income(31-50%) O Battered Spouses 0 Moderate Income(51-80%) O Persons w/HIVIAIDS 0 Above Moderate Income(>80%) O Elderly Persons O Veterans O Chronically/Mentally III o Physically Disabled Adults O Other-Youth TOTAL: 0 TOTAL: 0 9. I Racial&Ethnic Data: (if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please indicate how many persons in each race category consider themselves Hispanic(Total Race column should equal the total cell). RACE - ETHNICITY White 0 ;of whom,how many are Hispanic? 0 Black/African American 0 ;of whom,how many are Hispanic? 0 Asian 0 ,of whom,how many are Hispanic? 0 American Indian/Alaska Native 0 ;of whom,how many are Hispanic? 0 Native Hawaiian/Other Pacific Islander 0 ;of whom,how many are Hispanic? 0 American Indian/Alaskan Native&white 0 .of whom,how many are Hispanic? 0 Black/African American&White 0 of whom,how many are Hispanic? 0 Am Indian/Alaska Native&Black/African Am. 0 ,of whom,how many are Hispanic? 0 Other Multi-racial 0 ;of whom,how many are Hispanic? 0 TOTAL; 0 TOTAL:HISPANIC 0 Name Signature. Your Typed name here represents your electronic signature ;Naples Equestrian Challenge,Inc. CD15-03 I DISt1516 NEC-Phase IV Page 36 Packet Page-1043- 10/27/2015 16.D.5. EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets:All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0%)and enter results in B(c),otherwise leave blank. 8(c) Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 371 Packet Page-1044- 10/27/2015 16.D.5. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits Public Other Salaries / Assistance Income (include tips, Pensions Asset commissions, Income bonuses,and nvartima) (Enter the 1 _ _ greater of 2 box B(b) or 3 box B(c), 4 above, in 5 box C(e) 6 below) 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. l/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 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 5.775.082 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 Naples Equestrian Challenge,Inc. CD15-03 1DIS#516 NEC-Phase IV Page 38 Packet Page -1045- 10/27/2015 16.D.5. F. 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: Lf Very-Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). C Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). F. Moderate Income (MOD) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race / Ethnicity By Age Native American Hawaiian or Oth 0— 26— 41— Asian Black White er 25 40 61 62+ Indian Other Pac. Islander Hispanic Non- Hispani NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficing 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. Naples Equestrian Challenge,Inc. CD15-03 IDIS#516 NEC-Phase IV Page 39 Packet Page-1046- 10/27/2015 16.D.5. 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 Naples Equestrian Challenge 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 06/15 'Naples Equestrian Challenge,Inc. CD15-03 ID'S#516 NEC-Phase IV Page 40 Packet Page-1047- 10/27/2015 16.D.5. FAIN# -E-15-UC-12-0024E Federal Award Date : 10/2015 Federal Award Agency: HUD CFDA Name: Emergency Solutions Grant CFDA/CSFA#- 14.231 Total Amount of Federal Funds Awarded: $108,248 Subrecipient—The Shelter for Abused Women and Children,Inc. DUNS#-836680769 IDIS#ESG15-01 FEIN #- 59-2752895 Indirect Cost Rate: No R& D: No Period of Performance: 11/1/2015- 09/30/2016 FY End 06/30 Monitoring Deadline 11/2016 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN AND CHILDREN,INC. THIS AGREEMENT is made and entered into this day of ,2015, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "THE SHELTER FOR ABUSED WOMEN AND CHILDREN, INC.", a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at P.O.Box 10102, Naples,FL 34101. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless Act (42 U.S.C. 11371-11378); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds; to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance and Homeless Management Information System [HMIS]); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One-Year Action Plans for Federal Fiscal Year 2015-2016 for the ESG Program at the August 11, 2013 absentia meeting-Agenda, ratified at the September 8, 2015 Board of County Commissioners meeting; and Shelter for Abused Women&Children ,15-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 1 of 38 0 Packet Page-1048- 10/27/2015 16.D.5. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Community and Human Services (CHS),perform the tasks necessary to conduct the program as follows: A. PROJECT DETAILS Emergency Solutions Grant ESG Program Project Component One: Personnel costs to support a Security Officer. The Security Officer monitors the emergency shelter facility which is vital to daily operations. 75% of their 40 hour week will be charged to the project. Project Component Two: Utilities - includes electric,phone & internet, trash removal, insurance cost necessary for the operation of the emergency shelter, security system expenses and water and sewer costs to operate the shelter facility. Project Component Three: Security systems' monthly monitoring and recurring and maintenance expenses. 1. Project Tasks a. Maintain documentation on all households served in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting an ESG Eligible Activity 2. ESG Documentation Requirements Compliance Criteria Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). B. SPECIAL GRANT CONDITIONS I. The Subrecipient must have the environmental requirement cleared by the CHS prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. 2. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds. The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 2 of 38 Packet Page-1049- �� 10/27/2015 16.D.5. a. Affirmative Fair Housing Policy b. Affirmative Fair Housing Marketing Plan c. Procurement Policy including Code of Conduct d. Affirmative Action Plan e. Conflict of Interest Policy f. Fraud Policy g. Equal Opportunity Policy h. Residential Anti-displacement and Relocation Policy i. Sexual Harassment Policy j. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. 794 1 u) k. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) All services/activities funded with ESG funds must meet one of the ESG program components as defined in 24 CFR 576: • Street Outreach: funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management and services for special populations. • Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, child care, education, employment assistance and job training, legal, mental health, substance about treatment, transportation and services for special populations). • Homelessness Prevention and Rapid Re-Housing: both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement activities). Housing may also be used for short or medium term rental assistance for those who are at-risk of becoming homeless or transitioning to stable housing. • HMIS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs and participation fees). II. PERIOD OF PERFORMANCE Services/Activities of the SUBRECIPIENT shall start on the 1St day of November,2015 and end on the 30th day of September, 2016. The services/activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. III. AGREEMENT AMOUNT 'le Shelter for Abused Women&Children 15-I6ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 3 of 38 Packet Page-1050- `� 10/27/2015 16.D.5. The COUNTY agrees to make available ONE HUNDRED EIGHT THOUSAND TWO HUN'1'`RE I FORTY EIGHT 1,O1.,LARS ($108,248) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the"Funds"). The budget identified for the Shelter Operations Project shall be as follows: ESG Line Item Description ESG Funds Match Funds (1:1) Project Component One: Personnel: 75% of $26,473.20 1 FTE Security Officer Project Component Two: Utilities which $78,274.80 includes electric, phone & internet, trash removal, and water and sewer costs to operate the shelter facility. Project Component Three: Shelter $3,500 Operations: Security system expenses ESG Match Requirement Documentation of ESG $108,248 Eligible matching funds Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a project component shall only be made with board approval. All services/activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when The Shelter for Abused Women&Children 2015-16 ESG(ES I5-01) Emergency Solutions Grant Utilities&Personnel Page 4 of 38 Packet Page -1051- {�.� 10/27/2015 16.D.5. 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 ter than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes,otherwise known as the"Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule: PAYMENT DELIVERABLES Deliverable Payment-Supporting Documents Submission Schedule Project Component One: funding will Upon invoicing using Exhibit B Monthly assist with emergency shelter personnel will reimburse allowable expenses support of a Security Coordinator with documentation including but (including taxes). not limited to properly completed invoice, timesheets, payroll, Project Component Two: Utilities which banking, canceled checks, utility includes electric, phone & internet, trash document(s), and any additional removal, and water and sewer costs to supporting documentation as operate the shelter facility. needed. Project Component Three: Security system expenses. Final 10% ($10,824.80) released upon documentation of a minimum of 150 persons served. Retainage will be deducted from each invoice. ESG Match Supporting Match documentation Monthly from Thrift Shoppe Revenue PROGRAM DELIVERABLES Deliverable Program—Deliverable Supporting Submission Schedule Documents Creation and maintenance of income N/A Ongoing eligibility files on clients served Progress Reports Exhibit C Quarterly Proof of Insurance Insurance Certificate Annually within 30 days of renewal Affirmative Action Plan Plan Documents Within 60 days of executed agreement and updates submitted annually Annual Audit Audit Report with Management 6/30 annually Letter and Exhibit E he Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 5 of 38 Packet Page-1052- 10/27/2015 16.D.5. IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Jody Paley, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 239-252-2903 mailto:JodyPaley @colliergov.net SUBRECIPIENT ATTENTION: Julie Franklin The Shelter for Abused Women& Children P.O. Box 10102 Naples, FL 34101 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it 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. VI. GENERAL CONDITIONS A. 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. B. GENERAL COMPLIANCE The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 6 of 38 Packet Page -1053- 10/27/2015 16.D.5. The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning HEARTH Act. The UBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, Iife and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local )vernmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. E. 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 e Shelter for Abused Women&Children X015-I6 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 7 of 38 Packet Page-1054- 10/27/2015 16.D.5. pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. F. COUNTY RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. DEFAULTS, REMEDIES AND TERMINATION In accordance with 2 CFR 200.39, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made,the Grantee may terminate the award in its entirety. (A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement I. 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; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. 5. Submission by the SUBRECIPIENT of any false certification; 6. Failure to materially comply with any terms of this Agreement; and The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 8 of 38 Packet Page-1055- 10/27/2015 16.D.5. 7. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional management; 3. Require immediate repayment by SUBRECIPIENT to the County of all ESG funds SUBRECIPIENT has received under this Agreement; 4. Apply sanctions if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; 6. 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. H. MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar-for-dollar pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be sed to match a subsequent grant award. A SUBRECIPIENT may comply with is requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as state, local and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those funds from being used to match ESG funds. In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by HUD as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions; or 2. Non-cash contributions, calculated per requirements in 24 CFR 576.201(e), include the value of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program, provided that if the SUBRECIPIENT had to pay for them with grant funds, the costs would have been allowable.Non-cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or of any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees perfointing similar work the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements,provided the costs are eligible ESG costs that supplement the ESG program. .e Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 9 of 38 • Packet Page-1056- 10/27/2015 16.D.5. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration)and any accounts receivable attributable to the use of ESG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). Regulations regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). VIII. INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Emergency Solution Grant. A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this Agreement, the ESG Program and all other applicable laws and regulations. This documentation shall include,but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records by the Federal regulation specified in 24 CFR 576.500 that are pertinent to the activities to be funded under this Agreement. 2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. 3. 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, procedures and practices, The Shelter for Abused Women&Children 2015-16 ESG(ES 15-0I) Emergency Solutions Grant Utilities&Personnel Page 10 of 38 Packet Page -1057- 10/27/2015 16.D.5. 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. 4. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years, as required by 2 CFR 200.333 and 24 CFR 576.500(y), after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 2 CFR 200.336 and 24 CFR 576.500(y). 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. 5. The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided following confidentiality as required by 24 CFR 576.500(x). Such data shall include, but not be limited to, client name, address, income level or other basis for such determining eligibility of client being homeless or "at risk of homelessness", all required data to adhere to HMIS standards and description of service provided as required by 24 CFR 576.500. Such information shall be made available to COUNTY monitors or their designees for review upon request. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT must keep documentation showing that ESG grant funds were spent on allowable costs in accordance with the requirements for eligible activities under 24 CFR 576.101 through 576.109. 7. The SUBRECIPIENT must develop and implement written procedures for confidentiality to ensure: a. All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and/or receives ESG assistance will be kept secure and confidential; b. The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under the ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter; and c. The address or location of any housing of a program participant will not be made public, except as provided under a pre-existing privacy policy of the SUBRECIPIENT and Shelter for Abused Women&Children j15-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 11 of 38 Packet Page-1058- 10/27/2015 16.D.5. consistent with state and local laws regarding privacy and obligations of confidentiality; and d. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be maintained in accordance with 24 CFR 576.500(x). e. Disclosure — The SUBRECIPIENT understand that client infoincation collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited by applicable State or Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. The SUBRECIPIENT's written procedures shall ensure confidentiality of records pertaining to the provision of family violence prevention or treatment services with assistance as required by 24 CFR 576.500(x) as set forth in 42 U.S.C. 11375(c)(5). f. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. C. REPORTS AND EVALUATIONS (MONITORING) 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 based on Universal Data Elements collected at the time of assessment. The COUNTY shall receive the reports electronically on the 15th' day of April, July, October and January respectively for the prior quarter period end. As part of the report submitted in April 2015, 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 their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. The SUBRECIPIENT must participate in a HMIS at least on a quarterly basis. If a SUBRECIPIENT is a victim service provider, it may use a comparable database that collects client-level data over time and generates unduplicated aggregate reports based on the data. A victim service provider means a private nonprofit organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault or stalking. This term includes rape crisis centers, battered women's shelters, domestic violence transitional housing programs and other programs. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that CHS will carry out no less than one (1) annual on-site monitoring visit The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 12 of 38 Packet Page-1059- 10/27/2015 16.D.5. 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 ltisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status ;ports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws,regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General,the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. D. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy and the SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through .326), as shown below. Should there be a conflict;the Purchasing Policy Thresholds will prevail. Dollar Range($) Quotes Under$3K 1 Written Quote $3K to $50K 3 Written Quotes Request for Proposal (RFP) Above $50K Invitation to Bid (ITB) E. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer, or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 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. e Shelter for Abused Women&Children j15-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 13 of 38 Packet Page-1060- 10/27/2015 16.D.5. F. QUESTIONED COSTS If the SUBRECIPIENT submits charges and receives payment from the grant that are subsequently questioned and disallowed. If the SUBRECIPIENT does not agree to repay the disallowed costs in a lump sum payment by the date specified or begin and/or continue repayment under an installment plan approved by the COUNTY, appropriate action, such as suspension of any current or future contract payments, termination of Agreement(s), referral to COUNTY legal for further actions or any other appropriate actions necessary will be taken to recover the disallowed costs. For purposes herein, the term"findings" refers to a deficiency in program performance based on a statutory, regulatory or Agreement requirement for which sanctions or other corrective actions are authorized. G. PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined in 2 CFR 200.307 and 24 CFR 576.2) gained from any activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY, through an annual program income re-use plan. The COUNTY shall approve the program income re-use plan utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 576 in the operation of the Program H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. I. CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS)has adopted an escalation policy to ensure continued compliance by SUBRECIPIENTS, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: • The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 14 of 38 Packet Page-1061- 10/27/2015 16.D.5. 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o 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 Department, the Department may require a portion of the awarded grant amount be returned to the Department. o The County may require upwards of five percent(5%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o 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 Department of their substantial non-compliance by certified mail; the Department 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 Department. o The Department may require upwards of ten percent(10%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity will be considered in violation of Resolution No. 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non-compliant, the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties. o The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Department and is found to be non-compliant, the above sanctions may be imposed across all awards at the discretion of the Board of County Commissioners. J. 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 e Shelter for Abused Women&Children 15-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 15 of 38 Packet Page-1062- 10/27/2015 16.D.5. shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that can 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. 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. X. OTHER PROGRAM REQUIREMENTS A. 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. 1. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area(as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining and operating facilities assisted under ESG, in providing services assisted under ESG, and in providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business"means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The The Shelter for Abused Women&Children 2015-16 ESG(ES 15-0I) Emergency Solutions Grant Utilities&Personnel Page 16 of 38 Packet Page -1063- 10/27/2015 16.D.5. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program within 60 days of award of contract execution. D. CONFLICT OF INTEREST The SUBRECIPIENT must keep records to show compliance with the organizational conflicts of interest requirements in 24 CFR 576.404(a), 2 CFR 200.318 and 24 CFR 84.42, a copy of the personal conflicts of interest policy or codes of conduct developed and implemented to comply with the requirements in 24 CFR 576.404(b) and records supporting exceptions to the personal conflicts of interest prohibitions. The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT 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 Intractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self- manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment E. EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation and privacy standards (Exhibit E) as required by 24 CFR 576.403(b). F. PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable state and local housing codes, licensing requirements and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. G. COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for Shelter for Abused Women&Children ,15-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 17 of 38 Packet Page-1064- 10/27/2015 16.D.5. consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs(Exhibit G). H. HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). 1. CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS The SUBRECIPIENT must document their compliance with the faith-based activities requirements under 24 CFR 576.406 and will not utilize ESG funds for inherently religious activities prohibited in the federal statute, such as worship,religious instruction or proselytization. XII. 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. XIII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 18 of 38 Packet Page -1065- 10/27/2015 16.D.5. IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person n.agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk TIM NANCE, CHAIRMAN Dated: (SEAL) THE SHELTER FOR ABUSED WOMEN AND CHILDREN, INC. By: Signature Linda Oberhaus, Executive Director Print Name, & Title Approved as to form and legality: JennI1 r A. Belpe io Assistant County Attorney `) ie Shelter for Abused Women&Children _d15-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 19 of 38 Packet Page-1066- 10/27/2015 16.D.5. EXHIBIT "A" " INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk" basis in an amount not less than one hundred (100%)percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 20 of 38 Packet Page -1067- 10/27/2015 16.D.5. under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation), PERATION/MANAGEMENT PHASE OF 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. 8. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 9. 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. 10. 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. °Shelter for Abused Women&Children 5-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 21 of 38 • Packet Page -1068- 10/27/2015 16.D.5. EXHIBIT "B" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: The Shelter for Abused Women and Children, Inc Sub recipient Address: P.O. Box 10102, Naples, FL 34101 Project Name: Emergency Solutions Grant Emergency Shelter Operations Project Project No: CD15-01 Payment Request # Total Payment minus Retainage: Period of Availability: 11/01/15 — 10/31/16 The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests (Include Retainage) $ 5. Amount of Today's Request $ 6. 10% Retainage Amount Withheld $ 7. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Department Director (approval required$15,000 and above) (approval required$15,000 and above) The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 22 of 38 Packet Page-1069- 10/27/2015 16.D.5. EXHIBIT"C" Emergency Shelter Grants (ESG) Program Client Characteristics Report Report Period: Fiscal Year: Contract Number: Organization/s: Program/s: Contact Name: Contact Number: Elderly: 1. Ethnicity and Race of clients served: Non Hispanic Hispanic 0 0 0 0 Report Selection Criteria 0 0 o 0 White Black/African American Asian American Indian/Alaskan Native 0 0 Native Hawaiian/Other Pacific Islander American Indian/Alaskan 0 0 0 0 Native/White Asian and White Black/African American and White 0 0 American Indian/Alaskan Native and Black African American 0 0 0 0 Other/Multi-Racial TOTAL 0 0 0 Barracks Group/Large House UNKNOWN 0 0 -Scattered Site Apartment Single Family Detached House Single Room Occupancy 2. Number of adults and children served: Mobile Home/Trailer Hotel/Motel a. Residential Other Apartment/Complex Other Single Family Duplex Number of Adults Number of Children Number of Unknown Age b. Non Residential Number of Adults Number of Children Number of Unknown Age Shelter for Abused Women&Children .5-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 23 of 38 +-� Emergenctr Chali cr (rani c (PSG) Page 1 of 3 `� Y. 2012 Packet Page -1070- 10/27/2015 16.D.5. 3. Number of individuals/families served, by categories: Number of individual households(singles) Unaccompanied 18 and over Male Female Unaccompanied 17 and under Male Female Number of Families with children Headed by single 18 and over Male Female Headed by single 17 and under Male Female Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL 4. Total project(s)/service(s) provided to clients in range: a. emergency shelter facilities shelter h. employment 1. transitional b. vouchers for shelters j. outreach c. drop-in center k. soup kitchen/meal distribution d. food pantry I. health care e. mental health m. HIV/AIDS services f. alcohol/drug n.other(please list) g. child care 5. Number of clients served by sub population (duplicated count): a. Chronically Homeless g. Severely Mentally III b, Victims of Domestic Violence h. runaway/ throwaway youth c. Elderly h. Other disability (Physical and/or Developmental) d. Veterans e. Individuals with HIV/AIDS 7.Chronic Substance Abuse(alcohol and/or drug) The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 24 of 38 Emergency Shelter [;rants (FSG) Page 2 of 3 9 1' V. 2012 Packet Page -1071- 10/27/2015 16.D.5. (Chronically Homeless-HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1)been continuously homeless for a year a more,or 2)has had at least four episodes of homelessness in the past three years.) Clients housed by shelter type: Non Hispanic Hispanic 0 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 0 0 0 0 0 Barracks Group/Large House -Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile Home/Trailer Hotel/Motel Other ApartmenUComplex Shelter for Abused Women&Children 5-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 25 of 38 Packet Page -1072- 10/27/2015 16.D.5. EXHIBIT "D" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of Stales, Local Governments, and Non-Profit Organizations requires the Collier County Community & Human Services Department to monitor our subrecipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient Fiscal Year Name Period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $750,000 federallstate expenditure threshold for our fiscal year ending as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter are attached. We exceeded the $750,000 federal/state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit,we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A-133 because we: Did not exceed the$750,000 federal/state expenditure threshold for the fiscal year indicated above Are a for-profit organization Are exempt for other reasons —explain An audited financial statements is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date 1 Print Name and Title This form may be used to monitor Florida Single Audit Act(Statute 115.97) requirements. The Shelter for Abused Women&Children 2015-16 ESG(ES I5-0I) Emergency Solutions Grant Utilities&Personnel Page 26 of 3 8 Packet Page -1073- 10/27/2015 16.D.5. EXHIBIT "E" EMERGENCY SHELTERS The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Emergency Shelters, as applicable: 24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions Grant(ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet state or local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety, sanitation and privacy standards. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act(29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act(42 U.S.C. 12131, et. Seq.)and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only,the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition,are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store,prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. Shelter for Abused Women&Children 5-16 ESG(ES 15-0I) Emergency Solutions Grant Utilities&Personnel Page 27 of 38 Packet Page-1074- 10/27/2015 16.D.5. EXHIBIT "F" PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794)and implementing regulations at 24 CFR Part 8;the Fair Housing Act (42 U.S.C. 360, et seq.)and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act(42 U.S.C. 12131, et. Seq.)and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only,the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any,must contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 28 of 38 Packet Page-1075- 10/27/2015 16.D.5. EXHIBIT "G" COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; developing the performance standards for, and evaluating the outcomes of, projects and activities assisted by ESG funds; and developing funding,policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and.COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582); (2) Supportive Housing Program (24 CFR part 583); (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882); '1 HUD—Veterans Affairs Supportive Housing (HUD–VASH) (division K, title II, Consolidated _ ppropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008)); (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII–B of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq. )); (6) Grants for the Benefit of Homeless Individuals (section 506 of Public Health Services Act(42 U.S.C. 290aa-5); (7) Healthcare for the Homeless (42 CFR part 51c); (8) Programs for Runaway and Homeless Youth(Runaway and Homeless Youth Act(42 U.S.C. 5701 et seq.)); (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc-21 et seq.)); (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act); (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)); Shelter for Abused Women&Children .5-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 29 of 38 Packet Page-1076- 10/27/2015 16.D.5. (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act(42 U.S.C. 13975)); (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act(38 U.S.C. 2021); (14) Domiciliary Care for Homeless Veterans Program(38 U.S.C. 2043); (15) VA Homeless Providers Grant and Per Diem Program(38 CFR part 61); (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031); (17) Homeless Veterans Dental Program (38 U.S.C. 2062); (18) Supportive Services for Veteran Families Program (38 CFR part 62); and (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031). (c)System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990); (2) Housing programs receiving tenant-based or project-based assistance under section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983); (3) Supportive Housing for Persons with Disabilities(Section 811)(24 CFR part 891); (4) HOME Investment Partnerships Program (24 CFR part 92); (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265); (6) Health Center Program (42 CFR part 51c); (7) State Children's Health Insurance Program (42 CFR part 457): (8) Head Start (45 CFR chapter XIII, subchapter B); (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96); and (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq. ). The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 30 of 38 Packet Page-1077- 10/27/2015 16.D.5. (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized. assessment system or a coordinated assessment system in accordance with requirements to be established by LIUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment ystem. The recipient and subrecipient must work with the Continuum of Care to ensure the screening, assessment and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. \The COUNTY must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. The recipient must describe these standards in its consolidated plan. At a minimum these written standards must include: (i) Standard policies and procedures for evaluating individuals'and families' eligibility for assistance under ESG; (ii) Standards for targeting and providing essential services related to street outreach; (iii) Policies and procedures for admission, diversion,referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest; (iv) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for •sential services related to emergency shelter; (v) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention,and rapid re-housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and(c) for a list of programs with which ESG- funded activities must be coordinated and integrated to the maximum extent practicable); (vi) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re-housing assistance; (vii) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re-housing assistance; (viii) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time; and (ix) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide to a program participant, including the limits, if any, on the homelessness prevention or rapid re- housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant receive assistance; or the maximum number of times the program participant may receive assistance. Shelter for Abused Women&Children 5-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 31 of 38 Packet Page-1078- 10/27/2015 16.D.5. (f)Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the subrecipient is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 32 of 38 Packet Page-1079- 10/27/2015 16.D.5. EXHIBIT"H" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR Part 576 Emergency Solutions Grants Program 2. Environmental Protection Agency(EPA) regulations pursuant to 24 CFR Part 50 as amended. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166 5. Title VIII of the Civil Rights Act of 1968 as amended 6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 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. 8. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 9. 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBREC1PIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project Shelter for Abused Women Sc.Children .i-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 33 of 38 Packet Page-1080- 10/27/2015 16.D.5. 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 SUBRECIP1ENT 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 ESG-firnded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 10. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 11. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 12. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. 13. Title II of the Americans with Disabilities Act(42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable 14. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 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. 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. 18. Public Law 100-430 - the Fair Housing Act (42 U.S.C. 3601, et seq.) and implementing regulations at 24 CFR Part 100. The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 34 of 38 Packet Page -1081- 10/27/2015 16.D.5. 19. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto. Failure by the SUBIECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately, 20. 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. 21. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 22. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20"' Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 23. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 U.S.C. 7401, et seq. b. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information as well as other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued there under. 24. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained 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. 25. All shelters assisted under the ESG program and all housing occupied by program participants must adhere to the requirement of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Shelter for Abused Women&Children .5-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 35 of 38 Packet Page-1082- 10/27/2015 16.D.5. Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations in 24 CFR part 35, subparts A, B, H, 3, K, M and R. Such regulations pertain to all HUD- assisted housing and require that all owners, prospective owners and tenants of properties construction prior to 1978 be properly notified that such properties may include lead-based paint. Such notifications shall point out the hazards of lead-based paints and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. 26. 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. 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. 27. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug- Free Workplace Act of 1988 (41 U.S.C. 701). 28. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). 29. 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. 30. 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. 31. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 32. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 36 of 38 Packet Page-1083- 10/27/2015 16.D.5. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the LJniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling(See 49 CFR 24.505(c)(2)(ii)(D). 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. 35. Lobbying - No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions and shall comply with 24 CFR part 87. 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; This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA)per diem rates in effect at the time of travel. 37. Any rule or regulation deteimined to be applicable by HUD. 38. Florida Statutes 119.021 Records Retention 39. Florida Statutes, 119.071, Contracts and Public Records Shelter for Abused Women&Children -16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 37 of 38 1 Packet Page-1084- 10/27/2015 16.D.5. 40. Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m)of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) 41. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines The Shelter for Abused Women&Children 2015-16 ESG(ES 15-01) Emergency Solutions Grant Utilities&Personnel Page 38 of 38 Packet Page -1085-