Agenda 01/14/2014 Item # 16D 8 1/14/2014 16.D.8.
EXECUTIVE SUMMARY
Recommendation to approve two (2) Subrecipient Agreements and one (1) substantial amendment
for the approved U.S. Housing and Urban Development (HUD) Community Development Block
Grant (CDBG) projects previously approved for funding in FY2013-2014 HUD Annual Action
Plan.
OBJECTIVE: Implement the HUD Action Plan to expend the County's entitlement allocation.
CONSIDERATIONS: As is required by HUD regulations and the Five Year HUD Consolidated Plan,
Citizen Participation Plan, a substantial amendment is proposed to amend the current funding year. The
required advertisement notice was published in the Naples Daily News on December 13, 2013. The
advertisement identified a 30-day public comment period from December 13, 2013 to January 13, 2014.
No comments regarding the substantial amendment was received.
The following substantial amendment change is to the FY2013-2014 HUD Annual Action Plan:
Goodwill Industries Microenterprise Program—CDBG—Reduce funding amount by$6,981.20 to
$52,587.80 and revise project scope to read: "Fund salaries,consultant(facilitators,coaches or
mentors),and operating costs to provide three (3)microenterprise program courses in order to
assist students in starting their own business".
Two (2) subrecipient agreements are proposed, one of which requires the acceptance of the above
outlined proposed substantial amendment (Goodwill Industries). Each project was approved in the
FY2013-2014 Action Plan at the August 13, 2013 Absentia meeting and ratified at the regular Board of
County Commissioner meeting of September 10, 2013.
The following is listing the subrecipient agreements:
Subrecipient Funding Amount Project Title* Priority Needs
Category
Goodwill Industries $52,587.80 Microenterprise Economic Development
Program
City of Naples $80,459 Intersection Public Facilities
Improvements
* A more specific project description is outlined in the subrecipient agreements—Section I. Scope of
Services.
Staff has completed a compatibility analysis for the attached subrecipient agreements between the
Consolidated Plan. the subrecipients grant application and amendments. the FY2013-2014 Action Plan
and amendments. Priority Needs Category and the Subrecipient's scope of work for the development of
the subrecipient agreements. Board approval of the subrecipient agreements cord-inns the basis upon
which payment is to be made; only to change thereafter by Board approved substantial amendment and/or
contract amendment, if needed. Staff confirms that the projects are consistent with the Consolidated Plan
and the FY2013-2014 HUD Annual Action Plan.
There are additional subrecipient agreements funded in the FY2013-2014 HUD Annual Plan that will be
brought forward at a later date for Board approval.
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FISCAL IMPACT: There will be no effect on ad valorem or general fund dollars. Funds are available
within the Urban Improvement Grant Fund (121) and the Housing Grant Fund (705). Project funding for
the subrecipient agreements are outlined below:
Subrecipient Funding Source Funding Year Funding Amount
Goodwill Industries Housing Fund: CDBG FY2013-2014 $52,587.80
Project: 33289
City of Naples Housing Fund: CDBG FY2013-2014 $80,459.00
Project: 33289
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. -JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact by this action.
RECOMMENDATION: Approve 2 subrecipient agreements and 1 substantial amendment for the HUD
CDBG projects previously approved for funding in the FY2013-2014 HUD Annual Action Plan.
Prepared By: Elly Soto McKuen, Operations Analyst; Housing, Human and Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.8.
Item Summary: Recommendation to approve three (3) Subrecipient Agreements and two
(2) substantial amendments for the approved U.S. Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) projects previously approved for funding in
FY2013-2014 HUD Annual Action Plan.
Meeting Date: 1/14/2014
Prepared By
Name: McKuenElly
Title: Grant Support Specialist, Housing,Human&Veteran
12/10/2013 5:00:40 PM
Submitted by
Oft itfro
Title: Grant Support Specialist, Housing,Human&Veteran
Name: McKuenElly
12/10/2013 5:00:42 PM
Approved By
Name: MesaNancy
Title: Accountant,Housing,Human& Veteran Services
Date: 12/13/2013 1:36:13 PM
Name: Bendisa Marku
Title: Operations Analyst.Wastewater
Date: 12/18/2013 12:02:55 PM
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human&Veteran Servi
Date: 12/18/2013 1:56:40 PM
Name: GrantKimberley
Title: Interim Director
Date: 12/18/2013 5:16:42 PM
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Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 12/19/2013 9:38:05 AM
Name: RobinsonErica
Date: 12/20/2013 9:54:55 AM
Name: CarnellSteve
Title: Administrator-Public Services
Date: 12/24/2013 10:03:06 AM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 12/26/2013 11:30:53 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/26/2013 2:39:56 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 12/30/2013 4:43:40 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 1/6/2014 12:37:29 PM
Name: OchsLeo
Title: County Manager
Date: 1/6/2014 2:09:26 PM
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Grant#-B43-UC-12-0016 -
CF6A/CSFA4-14.218
Subrec{pi nt—City,of Naples
DUNS; 084130293
FETY.#. 59400n0382
FlsCal Year;End;p80
Mo sitar End: 12131/2014 .:
AGREEMENT BETWEEN COLLIER COUNTY
AND
CITY OF NAPLES
CDBG Intersection Infrastructure Improvements
THIS AGREEMENT is made and entered into this 14th day of January, 2014, by and between
Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal
address as 3339 E. Tamiami Trail, Naples FL 34112, and the "City of Naples", a municipality existing under
the laws of the State of Florida, having its principal office at 735 8th Street South,FL34102-1401.
WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and
Urban Development (HUD) grant program Community Development Block Grant Program funds and the
COUNTY expects to continue to receive entitlement funds from these grant programs to operate the
COUNTY'S housing and community development activities;and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated PIan- One-Year Action Plans for Federal Fiscal Year 2011-2012 on November 8, 2011, Fiscal
Year 2012-2013 on July 24, 2012, and Fiscal Year 2013-2014 for the CDBG Program at the August 13, 20I3
absentia meeting-Agenda Item 11A, ratified at the September 10, 2013 Board of County Commissioners
meeting; the County Advertised a substantial amendment on July 14, 2013 with a 30 day citizen comment
period from July 14, 2013 through August 14,2013; and
WHEREAS, HUD has approved the County's Consolidated Plan, and the County prepared a One-Year
Action Plan for Federal Year 2011-2012; 2012-2013 and FY2013-2014, detailing how it intends to allocate
funds received from HUD to conduct eligible activities for the benefit of low and moderate-income residents;
and
WHEREAS, on August 13, 2013 the COUNTY approved the FY 2013-2014 Action Plan, providing
CDBG funds in the amount of $30,959 to the City of Naples for the CDBG Intersection Infrastructure
Improvements located at Naples, FL; and
WHEREAS, on December 10, 2013 the COUNTY approved substantial amendments to various year's
Annual Action Plans providing CDBG funds in the amount of$49,500 to the City of Naples for the CDBG
Intersection Infrastructure Improvements located at Naples, FL; and
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein, the Parties
agree as follows:
I. SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
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required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and
Veteran Services (HHVS), and the FY2013 — 2014 Action Plan identified and approved the Project to
perform the tasks necessary to conduct the program as follows:
HHVS, as an administrator of the CDBG program, will make available CDBG funds up to the gross
amount of $80,459 to the City of Naples to fund intersection improvements and environmental review at
Goodlette-Frank Road and 5th Avenue North, and Goodlette-Frank and Central Avenue in order to improve
pedestrian safety.
A. SPECIAL GRANT CONDITIONS
1. Within 60 days of the execution of this agreement, the Subrecipient must deliver to HHVS
for approval a detailed project schedule for the completion of the design and permitting
activities.
2. The Subrecipient must have the environmental requirement cleared by the County prior to
the incurrence of costs on activities that would limit the choice of reasonable alternatives.
3. The following resolutions and policies must be adopted by the Subrecipient's governing body
prior to the distribution of funds.
a. Affirmative Fair Housing Policy
b. Procurement Policy including Code of Conduct
c. Affirmative Fair Housing Marketing Plan
d. Conflict of Interest Policy
e. Equal Opportunity Policy
f. Residential Anti-displacement and Relocation Policy
g. Sexual Harassment Policy
h. Prohibition of the Use of Excessive Force Policy
i. 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)
j. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation
• Act of 1973,as amended(29 U.S.C. 794)
B. PROJECT DETAILS
Project Component 1: Intersection improvements
The Subrecipient will engage in completing intersection improvements and environmental
review at Goodlette-Frank Road and 5th Avenue North, in order to improve pedestrian safety. The City
of Naples will receive: an amount up to $30,959 through an allocation of funds to perform the activity
listed below:
Project Component 2: Intersection Improvements
The Subrecipient will engage in completing intersection improvements and environmental
review at Goodlette-Frank Road and Central Avenue, in order to improve pedestrian safety. The City of
City of Naples,Florida.
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Naples will receive an amount up. to $49,500 through_an allocation of funds to perform the following
CDBG activities: -
Activity
`ederai Punds
Project Component 1: Fund Intersection improvements and $30,8 9
environmental review at Goodtette-Frank load and 5th Avenue
North in order to it prove pedestrian safety.
Project Component 2: Fund Intersection Improvements and $49,500
environmental review at Goodlette-Frank Road and Central
Avenue in order to improve pedestrian safety.
Grand Total
.. S 80,459
1. Project Tasks
a. Maintain project documentation in compliance with 24CFR 85.42
b. Provide quarterly reports on meeting a CDBG National Objective
c. Obtain Necessary Permits and Approvals
d. Procure Engineering and Design services
e. Prepare Bid Specifications and Engineer's Cost Estimate
f. Submit invoices to HHVS for environmental and improvements costs
2. National Objective
The grant funds to the City of Naples will benefit at least 51% Low to Moderate Income
individuals. As such the Subrecipient shall be responsible for ensuring that the project meets
the Area Benefit definition at 24 CFR 570.208(a)(1),
II. TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 14`h day of January, 2014 and end on the 31th day
of December, 2014. The term of this Agreement and the provisions herein may be extended by amendment to
cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other
CDBG assets,including program income.
III. AGREEMENT AMOUNT
The COUNTY agrees to make available EIGHTY THOUSAND FOUR HUNDRED FIFTY-NINE
DOLLARS ($80,459) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the
aforestated amount including, without limitation, any additional amounts included thereto as a result of a
subsequent amendment(s)to the Agreement,shall be referred to as the"Funds").
Modifications to the "Budget and Scope" may only be made if approved in advance. Modifications to
the budget and scope will be performed in concordance with CMA 5330, Budgeted fund shifts between line
items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts
that exceed 10%of a line item and a project component shall only be made with board approval.
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All improvements specified in Section I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS. The SUBRECIPIENT
is required to submit quarterly progress reports. SUBRECIPIENT may not request disbursement of CDBG
funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount
needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT
may expend funds only for allowable costs resulting from obligations incurred during the term of this
agreement, If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to
send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive
months of$0 invoices are submitted, Payments shall be made to the SUBRECIPIENT when requested as work
progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to
perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days
after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days
without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until
approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal
requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70, Florida Statutes,otherwise known as the "Local Government Prompt Payment Act."
The Following Table Details the Payment Schedule
Payment Deliverable Payment Schedule Submission Schedule
Costs for Infrastructure • Submission of monthly • Monthly
Improvements and invoices on AIA G702-1992
Environmental Review form (attached as Exhibit
for Project Component I "G") or equivalent
and Project Component 2. document per contractor's
Schedule of Values, check
stubs, bank statements and
any other additional
documentation as requested.
• Final 10% ($8,046) released
upon delivered completed • Final Delivery
Infrastructure
1 Improvements.
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The Following Table Details the Project Deliverables
Program Deliverable Deliverable Supporting
Submission Schedule
Special Grant Condition Policies Policies as stated
Documentation
agreement
eement
IMME
Section I.A.3 !p Prior to the disbursement of funds
Detailed Project Schedule Exhibit A Prior to the disbursement of funds
Project Schedule Within 60 days of Agreement
Davis Bacon Compliance Certified Pa oil Execution
Submission of Exhibit D Exhibit D Week! Pa roll Re.ort
Quarterly until project completion
Financial and Compliance Audit
Audit&Management Letter; AnnuaIIy 180 days after FY end
Exhibit E
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery or sent by facsimile or other electronic means.Any notice delivered or
sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written
communications under this Agreement shall be addressed to the individuals in the capacities indicated below,
unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Geoffrey Magon, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
•
239-252-2336
geoffreymagon @colliergov.net
SUBRECIPIENT ATTENTION: Greg Givens
Grant Coordinator
City of Naples
735 8`h Street South
Naples, FL 34102-6796
V. ADDITIONAL CONDITIONS AND COMPENSATION
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.
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VI. GENERAL CONDITIONS
A. SUBCONTRACTS 1/14/2014 16.D.8.
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 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 (I) the
SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604
and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable
Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
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
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.
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 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. No amendments to this agreement will be granted ninety (90) days prior to
the end date of this agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of
this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee
and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period,
the COUNTY Manager or designee may subject to CDBG regulations, grant a cumulative time extension of no
more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be
submitted no later than ninety (90)days prior to end date of this Agreement.
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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,
the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination and/or expiration of this Agreement. This section does not pertain to any incident
arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes. This Section shall survive
the expiration of termination of this agreement.
F. 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.HOUSING,HUMAN AND VETERAN SERVICES DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
G. DEFAULTS,REMEDIES AND TERMINATION
In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the
Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a
partial termination, the Grantee determined that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
(A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement
1. 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;
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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
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 property management;
3. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds
SUBRECIPIENT has received under this Agreement;
4. Apply sanctions set forth in 24 CFR 92, 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.
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 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 righ
(nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY ma'
deem necessary.
Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the
conditions outlined in 24 CFR 84.34.
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Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition
subject to the conditions outlined in 24 CFR 84.35.
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" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS .
A. EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506
to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable
laws and regulations. This documentation shall include, but not be limited to, the following:
B• DOCUMENTATION AND RECORDKEEPING
1. All records required by CDBG.
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 HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
shall be maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this Agreement.
4. Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for four (4) years after the date of submission of the
annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following
exception: if any Iitigation, claim or audit is started before the expiration date of the four(4)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 24
CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to
COUNTY all public records in possession of the SUBRECIPIENT upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be provided •
to the COUNTY in a format that is compatible with the information technology systems of the
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public agency.
5. 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.
6. 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 HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
7. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and appropriate determinations
as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries,
where applicable.
8. SUBRECIPIENT shall provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure
that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
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 to the COUNTY on the 15th
day of January, April, July and October respectively for the prior quarter period end. As part of the report
submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the
agreed-upon Program objectives, activities and expenditures and including, but not limited to,performance data
on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" 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.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the
COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an
annual financial and programmatic review.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the
City of Naples,Florida.
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activities may be conducted in lieu of an on-site visit, The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for coil pletion of
reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT On site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities,
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the thresholds of the Collier County Purchasing Policy
Purchasing Threshold Policy
Dollar Range(S) Quotes
Under$3K 1 Written Quote
• Above$3K to$50K 3 Written Quotes
Above$50K Request for Proposal (REP)
Invitation for Bid(IFB)
F. 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.
G. PROGRAM-GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any
activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR
570.503(c) in the operation of the Program.
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 iaw
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
City of Naplcs,Florida.
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also produce records and information that complies with Section 215.97, Florida Single Audit Act.1/14/2014 16.D.8.
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.
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.
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
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
C. PROGRAM BENEFICIARIES
•
At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be
low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this
Agreement must reside in unincorporated Collier County or in municipalities participating in the County's
Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period
designated in Exhibit"D"of this Agreement.
D. AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY';
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 submitted to County within 30 days of update/modification.
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E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions
Amok
or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the
Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this
Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the
SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall
be disclosed in writing to HHVS provided,however, that this paragraph shall be interpreted in such a manner so
as not to unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate-income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering
into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled
in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that
the contractor is qualified and that the.costs are reasonable. Approval of an identity of interest contract will be
in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-
manage the projects using its own employees. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this
paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate income residents
of the project target area.
XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set in Section 24 CFR 570.200(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.
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XII. 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.
IN WITNESS WHEREOF,the Sub recipient and the County,have each,respectively,by an authorized person
or agent,hereunder set their hands and seals on the date first written above.
ATTEST; BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA
By:
GEORGIA A. HILLER ESQ, CHAIRWOMAN
Dated:
(SEAL)
Attes : CITY OF NAPLES,A MUNICIPALITY
'atricia L. Rambosk, City Clerk
By
Date: t/ Honorable John Sorey, III
Mayor, City of Naples
Approved as to form and legality Approved as to form and legality:
Dy
Robert D. Pratt, City Attorney Jennifer A. Belpedic
Assistant County Attorney
City of Naples,Florida.
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7n g��g��Afgg�77�11 �y 1/14/2014 16.0.8.
.E{XHIElI9'"/"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes,
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEENT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
5. Completed Value Builder's Risk Insurance on an "All Risk"basis in an amount not less than one
hundred (100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards; flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes(including rehabilitation).
City of Naples,Florida
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OPERATION/MANAGEMENT PHASE OF APPLICABLE) 1/14/2014 16.D.8.
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or contract:
7. Workers'Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.LM.A.
11. _ Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s)or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I,M.A.
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EXHIBIT"B"
COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST ST FOR PAYMENT
Sub recipient Name: City of Naples
Sub recipient Address:
Project Name: Infrastructure Improvements&Environmental Review
Project No: Payment Request#
Dollar Amount Requested: $ Date
Period of Availability: 1/14/14— 12/31/14
SECTION II:STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past CIaims Paid on this Account $ $80,459
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under$14,999)
Dept Director (approval required$15,000 and above)
City of Naples,Florida.
2013.2014 CDBG(CD 13-01)
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EXHIBIT"C"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY
might be sued or for which a lien or a demand against any payment bond might be filed,have been satisfied and
paid,
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request
for Payment.
CITY OF NAPLES,FLORIDA
Witness: BY:
BY: ITS:
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20_, by
as of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did(did not)take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
City of Naples,Florida.
2013.2014 CDBG(CD 13-01)
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EXHIBIT"D"
QUARTERLY PROGRESS REPORT
Al
Sub-recipients:Please fill in the following shaded areas of the report
=
- '
Agency Name: 7
!Pio Date: strs7--
_ •-• r - -
, • •
^ ■-5,; - L-"
Project Title:
Program Contact * Contact: ,
".■
Telephone Number: "=, • 4
*REPORT FOR QUARTER ENDING:(check one that applies to the
corresponding grant period): 03/30/14 0 06130/14 0 9/30/14 0 12130/14
Please take note: The CDBG/HOME/ SG Program year begins October 1,2013-September 30,2014. Each quarterly report needs to include cumulative
data beginning from the start of the program year October 1,2013.
•
) JL•I-••; • s,..sk-ssss ,
4.1.; 44,-011.ti ..? ■'•
A.Outcome Goals:.list the outcome 'oats from our approved a.plication&sub-reci.lent a. eemen
B.Goal Pro. Indicate the. ..ress to date in meetin.each outcome• ,
- ..f
, " • ;j"__74,
•
e,7--; •-!:-,,-+;-.1.;:T.'"7-:‘ 2,-0.,1■-![-b - •
•::1"7- _
• .1", .4,- , - -
City of Naples,Florida.
2013-2014 CDBG(CD 13-01)
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01*A
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1/14/2014 16.D.8.
-, j_ -1 _
`+ .r - 'sue, I�- 1 ) I _
-1^e$ r "�fi ',.-, --:..,-, y al m F t Ske, ,.i,: •..,z
Yes
No ,. .:4- i ;
tf no,explain:
"ti,1St V..
^K _ " r 1 f .i-
i � r a € % . V ••s Est t hodr iiRato3r rt 7 !'t 3. ,s4e anua4)k4,e2H4wf'te Pets
a, ...now have new access(continuing)to this service or benefit? lg.
II
b. ...now has improved access to this service or benefit?
C. ..now receive a service or benefit that is no longer substandard?
. - ' :---.. ,7�-1. I..f- ::;,•*�i`i i1 s :,' ;�a ...wt
r rY w L.i.1. v 7 s E
a T• I F x1'�t3
��` uNt i F +•T- r: , # f rti k _ ;5 .+t . e r ' + r ,.c: �: . .r;:4. .r, �. ..,`,. .
Section 108 Loan Guarantee , — HOPWA
i Other Consolidated Plan Funds CDBG
i Other Federal Funds I ESG
State!Local Funds `
HOME
Total
Entitlement $
Total Other Funds Funds
I
1
•
City of Naples,Florida.
2013-2014 CDBG(CD 13-01)
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1/14/2014 16.D.8.
EXHIBIT"D"
I UARTERLY PROGRESS REPORT
Amok
8 'Rry � : tingle
a, Total No of BAP females served: v :-._'.Total Na of females served under 18: '.
b. Total No.of ague males served ? � .; To )No of males served under 18:
TOTAL: 0 TOTAL; 0
c. Total Pis of families saved Total No.of female head of household
8. , 1... �.. .`'qF ....t }� _•'1'S.+ „'5.. - p d^P�`F-� .� .Lr`S�.?s'.j,*„d '!+g �M +s- •M
• Y
A Total number of adult female carved: % ..`;..Td Total number
saved under l8: •
b. Total men ber of adult males served. Tdel number-of males served under 18: "3�•y:.
TOTAL: 0 TOTAL: 0
e. Total No.of females served: =Total No.of female heed of household
Complete EITHER nUesllon*7 OR a&Complete question P7 your program serves clients el one or mar,of the listed HUD Presumed
Benefit categories.Complete geeetlal C8 8 any dent In your program does not fall Into a Presumed Benefit category.
•
90 NOT COMPLETE BOTH QUESTION 7 AND 8.
7 ..:.-, } .. -�pF h f-.�!J=at:e-P�r''.•,°t.1&,1"s7.t�,w`ii.weeb: y°'': —r�7!'�..
Indicate the total Suter of UNOUPLECATED
minions served since October 1 who fall into
Indicate the Iotal norther of ffND/lp/rA rPn persons
•
each presumed benefit category (the lad served dnce October 1 who fill Into each Incona
should equal Me total in question I!6):
category(Me fdd should equal the total In question B6);
Report es: Report as:
,,Abused Children Euremey low Income(0-30%)
ti, Homeless Person Low heave(31•
_•!t:.:.4t7 Battered Spouses ( 50%)
Moderate tnome(51-80%)
-: Persons w/HIWAIDS Above Moderate home(>80%)
Elderly Persons
Veterans
F. ," Cfravcalyf Mbmtelylt
Ptryck:aly Disabled Adults
.' Otter-rout,
TOTAL: 0 TOTAL: 0
9, t�3.7:-..] n. ';.,.�t�.�.7�.���c��A �'�'��i;�-?s�ti�<aiy'"-err"r��•��,-_�.,�-�r
Please indicate how many Uf(PUPLiCATFFQ clients served since October fall Into each race category.In addition
�ea I hR race category,u m please Indicate how any persona In each race category consider themselves Hispanic
equal the total cell),
RACE ETHNICITY
r
VvidM s v q =''�;of whom,how many are Hispanic?
•
Enact/African/merica?. :"• 'C- ^.
�.'. dwltan,how marry are Hispanic?
Mien "x u ;of whom,how marry are Hispanic?
American t'diaNNaska Native : t': :of whom,how many are Hispanic?
Native HawatiarvOthe'Pacific blender-- • •of wh m,how many are Hispanic?
American miler Aiaskan Native&While w r• t .
- �.., :of whom,how many are Fiisparyc?
BfacWAfricai American&White r-'' er r-'T Z J many Hispanic?
- o- :of wham,how m are
Am.bdaaNkeske Native&Stack(AfncanArn. =f),,•of wham,how marry are Hispanic?
Other Irtrkxacial .� ;of whom,how marry are Historic/
•ulna err r• '7.,-(;:r.;of whom•how many ere Hispanic?
TOTAL; 0 0 TOTAL HISPANIC
Name.
Signature:
Tale: Your typed name here represent:you'electronic
SIVIEnctre
City of Naples,Florida.
2013-2014 CDBG(CD 13-0i)
Page 21 of 31
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EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT 1/14/2014 16.D.8.
•
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r ..: '1-re-21m.,.2'5 :-=•;,';"I!'''.,141ei-P$'.''.'''.-1.4 ':''. ':,:: -4,' 14 '''':' „L'i,, , .,IV, ;11„ :„AS•1 _, '''7:.''''.4,'n../,; ;.4f.,r,, ,z,4,
Check Appropriate Boxes
We have exceeded the$$00,000 federal/state expenditure threshold for our fiscal year ending '
. . • • •
,
0 as indicated above and have completed our Circular A-133 audit. A copy of the audit report
,
end manageMent letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
..
indicated above and expect to complete our Circular A-133 audit by , Within
30 days of completion of the A-133 audit; we will provide a copy of the aUdit report and
. management letter. . .: , - . - - :
We are not subject to the requirements cifOlVIB Circular A-133 because we
- - . -
. ,
Q Did not exceed the$500,000 federal/state expenditure threshold for the fiscal year
indicated,above
. ,
. - .
0 Are a for-profit Organization . - .
El Are exempt for other reasons—explain : .
. .
An audited financial statement is attached and if applicable,-the independent auditors
management letter. . _ • _1- -. • -
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
-111:41%)i',6.erthi thailliblki,iiii0h*AtifiWtaie
. . - "`'.1',I ,„:,, • •],-y,-,, 7,:.,',.,.....V.-:.4.R-;',:::,=.4.47;':,.;::..-,.,,,-:-: ''..:•,rir.:,:.,,I..',;,:).,,P:r;:-._.::"! ;;;4,,i,e,:..,..,,. .ji,.,,,__vi,, , , ,,,,,,. ..*:.:
Signature I Date
I
1
, Print Name and Title
1
City of Naples,Florida.
2013-2014 CDBG(CD 13-01)
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EXHIBIT"F"
LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development
Grant(CDBG)funds, h opment Block
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
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, Title VIII of the Civil Rights Act of I968 as amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
6. 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.
7. 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.
8, 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 I35, 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 '
provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that anwould
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 ane is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1965, as
amender (12 U.S.C. I701). 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."
City of Naples,Florida.
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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.
9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act,40 USC 327-332.
11. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.6I4 Subpart K.
12. The Americans with Disabilities Act of 1990
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14. 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)).
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-discriminatior 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 Amendments Act of 1988.
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19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions 1 of Higher
16.D.8.
Education, Hospitals and Other Non-Profit Organizations and specified by the following sbsections Htghei
Subpart A—General;
Subpart B—Pre-Award Requirements, except for 84.]2, Forms for Applying for Federal Assistance;
Subpart C—Post-Award Requirements,except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards $f 85.20 b 7
and 85.21 in making payments to SUBRECIPIENTs; ( )( �
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84,24 CDBG SUBRECIPIENTs shall follow
570.504;
o Section 84.25,Revision of Budget and Program Plans;
o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow
570.505;
o Section 84.34(g), Equipment— In lieu of the disposition provisions of 84.34(g)the following
applies;
• In all cases in which equipment is sold, the proceeds shall be program income (pro-
rated to reflect the extent to which CDBG funds were used to acquire the equipment);
and
• Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
o Section 84.35, Supplies and other Expendable Property
o Section 84.51(b), (c), (d), (e),(f)and (h), Monitoring and Reporting Program Performance;
o Section 84.52,Financial Reporting;
o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies
with the following exceptions:
The retention period referenced in 84.53(b)pertaining to individual CDBG activities
shall be four years; and
• The retention period starts from the date of submission of the annual performance and
evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is
reported on for the final time rather than from the date of submission of the final
expenditure report for the award;
o Section 84.61, Termination - In Iieu of the provisions of 84.61, CDBG SUBRECIPIENTs
shall comply with 570.503(b)(7); and
• Subpart D—After-the-Award Requirements—except for 84.71, CIoseout Procedures
20. 24 CFR 85 -Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach
of this agreement, and the County shall have the discretion to unilaterally terminate this agreement
immediately
22. Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly
or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311.
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23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
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, 20th Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT,
25. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
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,
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.
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.
In general. this requires concurrence from the State Historic Presentation Officer for all rehabilitation anc
demolition of historic properties that are ftft years old or older or that are included on a federal, state or
local historic property list.
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).
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30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended/20
us e ded2 proposed 6.D.8.
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.
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.
States local tovemments and Indian Tribes follow:
• A-87 for Cost Principles
• A-102 for Administrative Requirement
Educational Institutions even if'art of a State or local •overnment follow:
A-21 for Cost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-I22 for Cost Principles
• A-110 for Administrative Requirements
32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days
after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves
the right to recover any disallowed costs identified in an audit after such closeout.
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.
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. 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, o-
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
City of Naples,Florida.
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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.
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 determined to be applicable by HUD.
38, Florida Statutes 713.20, Part 1, Construction Liens
39. Florida Statutes 119.021 Records retention
40. Florida Statutes,119.071, Contracts and Public Records
City of Napies,Florida.
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EXHIBIT"G"
1/14/2014 16.D.8.
MA. G702-1 992 Form
Document G7 02w- 1992 Instructions
Application and C'ertiflrtr ate for Payment .
•
GENERAL INFORMATION
Purptrse and Related Documents
MA Document 0702,Application and Certificate for Payment,is to be used in conjunction with ALA Document 0703,Continuation
Sheet.These documents are designed to be used on a Project where a Contractor has a direct Agreement with the Owner.Procedures
for their use are covered in ALA Document A201.General Conditions of the Contract for Construction.
Use of Current Documents
edition..
to using any.AM Contract Document,user.should consult www.niu.org ww.tnu.org or a local MA component to verify the most recent
Repr;tduetions
T1vn�ifeSCUmettl is n copyngittetl work and may not be reproduced or excerpted tram without the express written permission of the
AI Af There as no implied pertiaisslon to reproduce this document,nor does membership in The American institute of Architects confer
any further rights to repnrtljce thi4 document,
7'he.AJA hereby grants the purchaser n limited Iioense to reproduce a maximum of ten copies of a completed G702,but only for use in
connection wii71 a pait)cidar project;The ALA will not permit reproduction outside of the limited license for reproduction gramed
above,except upon written reyjuest and receipt of written permission from the AlA.
Rights to coproduct the document may vary for users or AlA software. Licensed ALA software users should consult the find User
License Agreement the due.
TO report copyright violations°C ALA Contract Documents,e-mail The American Institute of architects'legal counsel.
Copyright.@kai a org.
COMPLETING THE G702 FORM -
After the Contractor has completed MA Document 0703,Continuation Sheet,summary information should be transferrer]to AM
Document 0002,Application and Certificate for Payment.
The Contractor should Sign 0702,have it notarized,and submit it together with 0703,to the Architect.
The Archheet should review G702 and 0703,utd,if they are acceptable,complete the Architect's Certificate for Payment on 0702.
The Archrlte et mayc,ertlfy:A different amount than that applied fur,pursuant to Sections 9.5 and 9.6 of A20.1,The Architect should
:the-n-initJal all f gure oti. 7.02 and 0703 that have been.cbanged to conform to the amount certified and attach au explanation.The ..st.
completed 0702 and G703 should'be forwarded to the Owner.
MAKING PAYMENT .:.:;
The Owner should make payment directly to the Contractor based on the amount certified by the Architect on MA Document 072,
Applicad em and Certificate for Payment.The completed form contains the name and address of the Contractor.Payment should nut be
made to any other party uulcit specifically indicated on 0702.
EXECUTION OF THE DOCUMEFi'i'
Persons executing the document should indicate the capacity in which they arc acting(i.e.,president,secretary,partner,etc.)and the
authority under Which they arc executing the document.Where appropriate,a co
entity should be attached. of the authorizing the individual to act
on behalf of the firm or sult
ALP Document.G702TM—1902.Copyright Cr 1933,1963.1965,7971,1978.1983 and 1092 by Trio American
AIA'Documents protected try U.6,CopyrlgM Law end Ina eenKtobei Treaties:Uneulhorteed dded Intor<11 of:ippon of this le rex
ft,may result in severe.CWtl-end orlminol penalties,and will be prosecuted lo the.rn reproduction pos la or under Me Lew.o!nmanset are perr hap to WARNING:ce t
DOP r.p teB at this Ooeumen[t41iBD bdiiiplelBtl.To report - eklrtrtfm lktenl p,os tole IrnQG the lay+,pUle1195eJ8 a r@ permitted Y Pardon o!
110 copieea t this P oopyrIphfdiotetione 431-A1A.Tiomraai Oecunlents.e.melt Thor American Inanane of Architects Iegaleovn•e oroduee ter.
City of Naples,Florida.
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A Document G7OT - 1992
Application and certificate for Payment
•
.,T00SNEk, PROJECI, PER Al T
OO Tii0N0, O ktrDtP.n:to;N
CONTRACT FOR ARCHITECT •p
FROM CONTRACTOR: V(AARCRITECT:
Cb CTDAfi. CONTRACTOR .ta
PROJECT NOS: 1 ! FIELD 0
DTNER Q
CONTRACTOR'S APPLICATION FOR PAYMENT T7ta tmtdemigned Contractor certifies that na the best of the Contractors knowledge,information
Application is made for payment,as(hewn below in oromsaetioa with the Contract. and belief the rWoltc coveted by this Application for Payment has been completed in accordance
Continiumon Sheol,MA Document 071)3,isaturehed.
With rlte.t oulraci`;)otruenu >b2t all amounts have beefs paid by the Contnuor for Work tar
1,ORInuNAL Sheet,ACT Doc a hicb pdevipus Ct4f1 cups for Paymcin Won issued and payments received from the Owner,and
S that dam.ppyment ahown herein is now due. '
2.Net change by Change Orders 5 CONTRACTOR
3,CONTRACT SUN TO DATE(Line 1 i 2). $ 8y. Date:
4.TOTAL COMPLETED:&STORED TO DATE(Column G on 07031.............b • State of:
5.RETAINAGE: County of:
a. %of Completed Work Subsccil>al and sworn lo before
(Column D+Eon 0703) $ me this . day of..
b. %.ofStoied Material ..
(Column Fon 0103) s. Nonary Pawic: -
•Total Retaivage(Linea Se+54 or Total in Column I Of 07031 5 Y Col<uoisswn expires;
6.TOTiiI,EARNE)LESSRETAikAGE
$ ARCHITECT'S CERTIFICATE FOR PAYMENT
(Line 4 L e s s Line 5 Total) : • lasword/Mee with the Contract Docarntents,based an on-site of ermtions and the data comprising
7,LE55PREVIOUS CERTIFICATES FOR PAYMENT. c this application,rheArchisert certifies:lo the Daher that to the hell of the Architect's kTiov+iedge,
•(tine{from prior Cenifica[e) information and belief the Work•has progressed is indicated, the quality of the Work is 3b
accordance u tb the Contract Documents,and the Contractor is entitled to payment of the •
8,CURRENT PAYMENT DUE 5 i Ah1Dt17e f CERTiF7EI1, .
9.BALANCE TO FINISH,INCLUDING RETWNAGE AStUUNt CERT1FED ....._.. 5
(Line 3 l e s s Line 6) $ (A o a t e x p i o n o t i o n(f a m o w i t c e r n f l e d d O e r r f r o m she amount upplud.Intac!all figurer*titiu
Appfimrion and rm the Canii;uuetion.5hcet that are ektoged to conform with the mrwunr rerlifreaf J
CHANGE ORDER SUMMARY: ' ADDITIONS 1 DEDUCTIONS ARCHITECT:.--
Total changes approved in previous months by Wirer 5 5 Ey; Doze.
Total approved this hdonth g 'IS
i - This Certificate is not•negotiable The:AMOUNT CERTIFIED is 3ay payable only to the Contractor TOTALS $ • IS
named herein.Issuance,payment and acaptanec of payment are without prejudice to any rights of
I NET CHANGES by Change Order r the Owner or Contractor under this Contract
AiA Oocumani G70vry-1992 Copyright p 1933,1963,1965.1971,1978.1993 and 1992 by The American Madade of Architects,A11 rlpitts reamed.WARNING:This Ale toenment is protected by U,S.Topyright Lnt
and trnernanonef Trestles.Unauthorized reproduction or distribution of this AIA'c Document,or any porlbn of It,may recoil in severe OA and criminal penoltim,and will be prosecuted lo Ux maximum ertanf
poselWe under we law,Ptnchdaers are permitted t0 rep/Mice tan(10)copies 01 this document elan,compinled.1 report copyright viotnlisrn of AIA Come Locomen's,Banal The Amadcan intone Ot AncMects* a ..
counsel.copyripht93eia.orp �A
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CONTINUATION SHEET AI s, DOCUMENT G703 (instructions On reverse side) • PAGE
ALA Donrneru G 702,APPLIC.710.N AND CERTIFICATE FOR PAYAfElq or sac s
containing Contractor's signed Ccrifiadon,is digcbed. APPLICATION
1<t).;
In tabulations below;amounts axe stated to the nearest dollar. APPl1C4T101t'DATE:
Use Column 1 on Conuaets where variable retainage for lute items may apply.
PERIOD TO;
ARCHITECT'S PROJECT NO.:
B I �D
C E ! F G d I
I WORK COMPLETED 'MATERIALS I 7127:-iI, I 1
ITE)4 n SCHEDULED r J'fiTS A'TL1.' COA'P!£?ED 13�tgtCE t
Na DESCRIPTION IION OF WORK
FROAf Fn S IQL I r IAI.\:tGE
1 Ai[?i APPL1C u 10\' 7X)5?EBIOD i sTOR.:? i AND STORED 0
P + n 1K07't TO D;TF (G =C) fl'i'ts$ 17F RAT-E) -
f 6DRE) (D 4E47) 3 (C-O) RAT-•
I jI I
I
i 1�
i .
J ) I i
I 1
I I
j
it i
i 1
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I
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II
il
II
I j
r
I I i
I i
AlA DOCUMENT GTD3•CO\fl'stUA7no\SHEET FOP C U •1552 t r , I
l NE'E,NW,wAt:S:TGTO,1,D.0 2E0,7,5529?•WARrine UnEcon6.�1 i o u� Cl?T_• t lam O will hj ct}.c�-ft lot a/\'E1l''ko r.
Ph+�P/�R3 violaferuS,
�PyryM lams ark will fiiSjatt the viplabt to iz9al PNSetror.
G703.189_
CAUTION:You should use an original AIA document which has this caution printed in red,An original assures that changes will not be obscured as may occur when documents are re rodu
P cec.
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THE CDBG SUBSTANTIAL AMENDMENT
TO THE
FY2013-2014 HUD ACTION PLAN
AMENDMENTS TO GOODWILL INDUSTRIES MICROENTERPRISE PROGRAM
Jurisdiction(s): Collier County,Naples CDBG Contact Person: Elly Soto McKuen
Lead Agency: Collier County Address: 3339 E. Tamiami Trail, Suite 211,
Jurisdiction Web Address:www.colliergov.net Naples,FL 34112
(URL where CDBG Substantial Amendment Telephone: (239)252-2664
materials are posted) Fax: (239)252-2664
Email: ellymckuen@a,colliergov.net
The FY2013-2014 HUD Action Plan, approved by the Board of County Commissioners(BCC)on August 13,2013 at an
absentia meeting and ratified on September 10,2013 meeting is hereby amended as follows:
Words£del` T�gh are deleted; Words Underlined are added:
* * *
� �0- i N4 t
-.. . - `kr t F p C� ' 3$$ , d t 9'T @ :E
-?:Algae °"1"' -
Fund salaries,consultant
(facilitators, coaches or
mentors),and operating
costs to provide four(4) $ 4,.9_..569
Goodwill Industries Countywide three (3)Microenterprise CDBG
Program courses in order $52,587.80
to assist students in
starting their own
business.
•
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AMEND PROJECT INFORMATION SHEET(Page 45):
Project#CDBG13-0, —Goodwill Industries—Microenterprise Program
Description: Fund salaries, consultant(facilitators. coaches or mentors), and operating costs to provide four(1) three(3'2
microenterprise program courses in order to assist students in starting their own business
Project Level Accomplishments: 30 people
Proposed Outcome: Microenterprise program
Matrix Code: 18C Microenterprise Assistance
Proposed Amt: $59,569$52,587.80
***
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Grant#- B-13-UC-12-0016
CFDA/CSFA#- 14.218
Subrecipient—Goodwill Industries of
Southwest Florida, Inc.
IDIS#453
DUNS # - 152823662
FETI #- 59-6196141
FY End 12/31
Monitoring Deadline 01/2016
AGREEMENT BETWEEN COLLIER COUNTY
AND
GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA,INC.
THIS AGREEMENT is made and entered into this day of
2013, 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
"Goodwill Industries of Southwest Florida, Inc.", a private not-for-profit corporation existing under
the laws of the State of Florida,having its principal office at 5100 Tice Street, Fort Myers, FL 33905.
WHEREAS, the COUNTY is the recipient of Community Development Block Grant (CDBG)
funds from the United States Department of Housing and Urban Development (HUD) as provided by
the Cranston-Gonzalez National Affordable Housing Act, as amended; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier
County Consolidated Plan - One-Year Action Plan for Federal Fiscal Year the FY2013-2014 HUD
Annual Action Plan at the August 13, 2013 absentia meeting, ratified at the September 10, 2013 Board
of County Commissioners meeting; and
WHEREAS, HUD has approved the Collier County Consolidated Plan concerning the
preparation of various Annual Action Plans, the County advertised a substantial amendment for this
project on December 13, 2013 with a 30-day citizen comment period from December 13 , 2013
through January 13, 2014; and
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, it is agreed by the Parties as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with an}
standards required as a condition of providing CDBG funds, as determined by Collier County Housing,
Human and Veteran Services (HHVS), perfoutl the tasks necessary to conduct the program as follows:
The FY2013-2014 Action Plan identified and approved the project to Goodwill Industries as
follows:
Goodwill Industries of SW Florida,Inc.
(CD I3-08)
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Project Component One: Funding costs will include but not limited to the following expenses:
Micro-Enterprise Program that will consist of three (3) sessions-2 classes each week for six (6)
weeks totaling 12 classes.
Project Component Two: Funding costs will include but not limited to the following expenses:
Salaries, consultant (facilitators, coaches, or mentors), and operating costs (supplies for
sessions, advertising, and travel costs).
Items identified for funding are outlined in the budget in Section III.
All activities funded with CDBG funds must meet one of the CDBG program's National
Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or
blight; or meet community development needs having a particular urgency, as defined in 24 CFR
570.208
National Objectives
• CDBG recipients are responsible for assuring that each eligible activity meets one of three
national objectives (§ 570.208):
1. Low Mod Income benefit (LMI)
2. Elimination of Slum and Blight
3. Urgent Need
Activities in LMI neighborhoods may qualify under the criterion for the LMI area benefit National
Objective if they provide a service to that neighborhood; or
Activities benefiting severely deteriorated areas may qualify under the Slums/Blight Area National
Objective if the area meets the CDBG requirements.
II. TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 14th day of January, 2014 and end on the
13th day of January,2015. The term of this Agreement and the provisions herein may be extended by
amendment to cover any additional time period during which the SUBRECIPIENT remains in control
of CDBG funds or other CDBG assets, including program income.
HI. AGREEMENT AMOUNT
The COUNTY agrees to make available FIFTY TWO THOUSAND FIVE HUNDRED AND
EIGHTY SEVEN DOLLARS AND EIGHTY CENTS (552,587.80) 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 Micro-Enterprise Project shall be as follows:
Goodwill Industries of SW Florida. Inc.
(CDI3-08)
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Line Item Description CDBG Funds
Personnel Costs $ 25,440.30
Program Manager $ 4,038.30
210 hours/$19.23/hr
Administrative Assistant $ 6,705
500 hours/$13.41/hr
Director $ 14,697
$21.30/hr
Operating Expenses $ 5,032.50
Program Expenses & Supplies
Student/Coach - Operation Jump Start Manuals $ 1,950
@ $65 each
Student Kits: $ 450
$150 each
Facilitator Manual $ 315
Operation Jump Start Manual $105/each
Facilitator/Coach Kits - $45/each $ 675
(1 facilitator, 4 coaches) each session/3
Student Tote for class- $11.75 per student for $ 352.50
each session
Frames-$9.90/each - $ 297
Paper-for class and graduation certificates $ 100 1
Name Tags-for speakers, students, facilitators, $ 200
and coaches
Supplemental Books-F Myth: Why most small ' $ 693
businesses Don't Work& What to Do About it-
45 copies @,$15.40 per copy
Advertising/Marketing I S 6,590
Google Adwords-Search engine Advertising $ 1,800
Collier Citizen-("weekly Collier County $ 3,600
Newspaper)
Advertise in the Spanish Radio Channel i $ 990
Printed Materials-brochures. flyers, bag-stuffers $ 500
at Goodwill Goodwill & Job Link Centers.
Chamber of Commerce etc
Travel for Personnel & Consultants $ 825
Mileage paid @S0.55/mile
I Consultants $ 14,400
Facilitator/3 sessions/$2.000/each $ 6.000
Coaches(s)-4 @ 3 Sessions/$700/each $ 8,400
Goodwill Industries of SW Florida, Inc.
(CD 13-08)
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TOTAL $52,587.80
Total Program Expenses: , $52,587.80
Personnel Expenses , $25,440.30
Contracted Consultants $14,400.00
Operating Expenses nses $12,747.50
Modifications to the "Budget and Scope" may only be made if approved in advance.
Modifications to the budget and scope will be performed in accordance with CMA 5330. Budgeted
fund shifts between budget categories and line items shall not be more than 10% and does not signify a
change in scope. Fund shifts that exceed 10% of budget category or line item shall only be made with
board approval.
All services specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY
and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the
lowest, responsive and qualified bidder. Contract administration shall be handled by the
SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents
related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of request.
Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for
allowable costs resulting from obligations incurred during the term of this agreement. If no work has
been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required
backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0
invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work
progresses but, not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final
invoices are due no later than 90 days after the end of the agreement. Work performed during the term
of the program but not invoiced within 90 days without written exception from the Grant Coordinator
will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and
adherence to any and all applicable local, state or Federal requirements. Payment will be made upon
receipt of a properly completed invoice and in compliance with §218.70. Florida Statutes. otherwise
known as the "Local Government Prompt Payment Act."
The following table details the project deliverables and payment schedule:
PAYMENT DELIVERABLES
Deliverable Payment—Supporting Submission Schedule
Documents
Project Component One: Funding Submission of supporting Submission of monthly invoices
costs will include but not limited to documents must be provided as
the following expenses: Micro- back up as evidenced by i.e. time
sheets, payroll registers, banking
Goodwill Industries of SW Florida, Inc.
(CD 13-08)
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Enterprise Program that will consist of documents, sign in sheets, and
three (3) sessions-12 classes for 6- additional documents as needed
weeks totaling 12 classes and; utilizing Exhibit B.
Project Component Two: Funding Final 10% ($5,258.75) released
costs will include but not limited to upon documentation of
the following expenses: Salaries, courses/sessions completed
consultant (facilitators, coaches, or and a minimum of 30 persons
mentors), supplies for sessions, served
advertising, and travel costs.
PROGRAM DELIVERABLES
Deliverable Program —Deliverable Submission Schedule
Supporting Documents
Creation and maintenance of income N/A ! Deliverable: Ongoing and to
eligibility files on clients served be reviewed during
monitoring
This funding will benefit a minimum N/A Deliverable: Ongoing as
of 30 low-moderate income evidenced by payroll, tax,
individuals in Collier County. income qualification and any
additional documents as
needed maintained in
participant file
Quarterly Reports Exhibit D Deliverable: Quarterly
Proof of Insurance Insurance Certificate Deliverable: Annually within
30 days of renewal
Affirmative Action Plan Plan Documents Within 30 days of executed 'I
agreement and updates
submitted annually
Annual Audit Audit Report with Deliverable: 12/31 annually
Management Letter and
Exhibit E
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below. unless otherwise modified by subsequent V■Titten notice.
COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto:R.osu vlunoz'i'Colliergov.net
239-252-5713
Goodwill Industries of SW Florida,Inc.
(CD I3-08)
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SUBRECIPIENT ATTENTION: Fred Richards, VP of Career Development
Services
Goodwill Industries of Southwest Florida, Inc.
4940 Bayline Drive
North Fort Myers, FL 33917
mail to:fredri cha t dstda Rood wi I I swf.ore
239-995-2106 ext 2204
V. ADDITIONAL CONDITIONS AND COMPENSATION
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 detecntined
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 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 tha:
(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 initiatin.:
the review process under the provisions of 24 CFR Part 52. The SUBRECIPPIENT also agree_ t
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
Goodwill Industries of SW Florida,Inc.
(CD 13-08)
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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.
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 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. No amendments to this agreement will be
granted ninety (90) days prior to end date of this agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or
local governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both Grantee and SUBRECIPIENT.
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 no:
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence.
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers.
servants. employees, contractors, patrons, guests. clients, licensees. invitees. or any persons acting
under the direction, control. or supervision of the SUBRECIPIENT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any
other rights or remedies which otherwise may be available to an indemnified party or person described
in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in
connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs
(including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive
the termination and/or expiration of this Agreement. This section does not pertain to any incident
arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute
a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This
section shall survive the expiration or termination of this Agreement.
Goodwill Industries of SW Florida,Inc.
(CD 13-08)
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F. 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 HOUSING, HUMAN AND
VETERAN SERVICES DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as Equal
Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY
codes.
G. DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by
either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of partial terminations, the portion to be terminated.
However„ if in the case of a partial termination, the Grantee determined that the remaining portion of
the award will not accomplish the purpose for which the award was made, the Grantee may terminate
the award in its entirety.
(A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under
this Agreement
1. 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 report:- that are incorrect of
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
7. Failure to materially comply with the terms of any other agreement between the
County and the SUBRECIPIENT relating to the project.
Goodwill Industries of SW Florida, Inc.
(CD 13-08)
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(B) 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 CDBG
funds SUBRECIPIENT has received under this Agreement;
4. Apply sanctions set forth in 24 CFR, 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.
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 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,
as the COUNTY may deem necessary.
Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject
to the conditions outlined in 24 CFR 84.34.
Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon
acquisition subject to the conditions outlined in 24 CFR 84.35.
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" has been obtained, and
carried, at all times during its performance.
Goodwill Industries of SW Florida. Inc. *"°
(CD I 3-08)
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IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 84.53(b), as
modified by 24 CFR 570.502(b)(3)(ix) (A) and (B), and 570.506 to determine compliance with the
requirements of this Agreement, the CDBG Program and all other applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
1. All records required by CDBG.
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 HHVS. Materials
identified in the previous sentence shall be in accordance with generally accepted
accounting principles, procedures and practices, which sufficiently and properly reflect
all revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and Program Income. These records shall be
maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses
of whatever nature for which reimbursement is claimed under the provisions of this
Agreement.
4. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to HHVS if
requested. In any event the SUBRECIPIENT shall keep all documents and records in an
orderly fashion in a readily accessible, permanent and secured location for four (4)
years after the date of submission of the annual performance and evaluation report, as
prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or
audit is started before the expiration date of the four (4) 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 writinfi if an agency ceases to exist after
closeout of this Agreement of the address where the records are to be kept. as outlined
in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no
cost, to COUNTY all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the COUN fY in a format that is compatible
with the information technology systems of the public agency.
Goodwill Industries of SW Florida,Inc.
(CD I3-08)
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5. 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.
6. 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 HHVS shall be the final
arbiter on the SUBRECIPIENT's compliance.
7. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24
CFR 570.208 and the eligibility requirement(s) under which funding has been received,
have been met. These also include special requirements such as necessary and
appropriate determinations as defined in 24 CFR 570.209, income certification, and
written Agreements with beneficiaries, where applicable.
8. SUBRECIPIENT shall provide the public with access to public records on the same
terms and conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by law.
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 to the COUNTY on
the 15th day of April, July,October and January respectively for the prior quarter period end. As part o
the report submitted in October, the SUBRECIPIENT also agrees to include. a comprehensive final
report covering the agreed-upon Program objectives. activities and expenditures and including, but not
limited to, performance data on client feedback with respect to the goals and objectives set forth in
Exhibit "D". Exhibit "D" 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/o-
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.
During the term, SUBRECIPIENTI' shall submit an annual audit monitoring report (Exhibit E)
to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY
will conduct an annual financial and programmatic review.
Goodwill Industries of SW Florida, Inc.
(CDI 3-08)
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The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a
desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request
of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND
HUD REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available for specified activities.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the thresholds of Collier County Purchasing
Policy.
Purchasing Threshold Policy
Dollar Range($) Quotes
Under $3K No Quote Required
53K to $50K _ 3 Written Quotes
Request for Proposal (UP)
Above 550K Invitation for Bid (IFB)
F. 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.
G. PROGRAM-GENERATED INCOME
Any "Program income" (as suci: 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. The COUNTY shall approve the program income re-
use plan utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the
operation of the Program.
H. GRANT CLOSEOUT PROCEDURES
Goodwill Industries of SW Florida, Inc.
(CD 13-08)
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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 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.
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.
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.
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-sneaking. 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.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as defined
Goodwill Industries of SW Florida, Inc.
(CD 13-08)
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by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries
directly assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program. The project shall
assist beneficiaries as defined above for the time period designated in Exhibit"D"of this Agreement.
D. AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action
guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT
shall submit a plan for an Affirmative Action Program for approval within 30 days of the award of
funds.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with
the performance of this Agreement and that no person having any conflict of interest shall be employed
by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with
all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations,
ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of
the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that
this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirement that maximum opportunity be provided for employment of and participation of low and
moderate-income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior
to entering into any contract with an entity owned in whole or in part by a covered person or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any
possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in
writing to HHVS provided. however, that this paragraph shall be interpreted in such a manner so an
not to unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate income residents of the project target area.
XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
Goodwill industries of SW Florida Inc.
(CD I3-08)
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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; an
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; and
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; and
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.
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Goodwill Industries of SW Florida, Inc.
(CD13-08)
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IN WITNESS 'WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: _
,Deputy Clerk
Dated:
(SEAL)
GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA,
INC.
By: 4.z.,
Fred Richards
Fred Richards, VP of Career Develo.ment Services
Subrecipient Name and Title
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
Goodwill Industries of SW Florida,Inc.
(CDI3.08)
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance
in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County
must be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County shall be named
as an additional insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided
as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than
$1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the
SUBRECIPIENT and/or the design professional shall become legally obligated to pay
as damages for claims arising out of the services performed by the SUBRECIPIENT or
any person employed by the SUBRECIPIENT in connection with this contract. This
insurance shall be maintained for a period of two (2) years after the certificate of
Occupancy is issued. Collier County shall be named as an additional insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in. 1 — 4 above, the SUBRECIPIENT shall provide or
cause its Subcontractors to provide original certificates indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100%) percent of the insurable value of the building(s) or
structure(s). The policy shall be in the name of Collier County and the
SUBRECIPIENT.
Goodwill Industries of SW Florida, Inc.
(CD13-08)
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6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the Subrecipient shall assure that for activities located in an area
identified by the Federal Emergency Management Agency (FEMA) as having special
flood hazards, flood insurance under the National Flood Insurance Program is obtained
and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE OF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must
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 that $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County as an additional
insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100%) of the replacement cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.LM.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee A.T.I.M.A.
Goodwill Industries of SW Florida. Inc.
(CD13-08)
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EXHIBIT "B"
COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Goodwill Industries of Southwest Florida, Inc.
Sub recipient Address: 4940 Bavline Drive, North Fort Myers, FL 33917
Project Name: SWFL Micro-Enterprise Program
Project No: CD13-08 Payment Request#
Dollar Amount Requested: $ Date
Period of Availability: 01/01/14— 12/31/14
Period for which Agency has incurred indebtedness: through
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
$
5. Amount of Today's Request
$ _
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) S
certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us. To the best of my Knowledge and belief,
all grant reauirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under $14.999)
Dept Director (approval required $15,000 and above)
Goodwill Industries of SW Florida,Inc.
(CD 13-08)
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EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials,
supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a
demand against any payment bond might be filed, have been satisfied and paid. This document is in
compliance with Florida Statutes Chapter 713.02 Part 1 —Waiver or Release of Liens.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final)
Request for Payment.
Goodwill Industries of Southwest Florida, Inc.
Witness: BY:
BY: ITS: VP of Career Development
Services
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_ by , as of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did (did not) take 2r1 oath.
My Commission Expires:
(Signature)
Name:
(Legibi
Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission's
Goodwill Industries of SW Florida. Inc.
(CD 13-08)
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub-recipients: Please fill in the following shaded areas of the report
Agency Name: Goodwill Industries of Southwest Florida;'In Date: 1114/14
Project Titie: Micro-Enterprise"Prograrri
Alternate
Program Contact: Fred Richards,' of r�eer'Dev lopm t, maces Contact: Elliott"Rittenhouse
Telephone Number: (239)995-2106
*REPORT FOR QUARTER ENDING: (check one that applies to the
corresponding grant period): 0 04/30/14 007/30/14 010/30/14 0 01/31/15 )3
Please take note: The CDBG/HOME/ESG Program year begins October 1,2013-September 30,2014. Each quarterly report needs to include
cumulative data beginning from the start of the program year October 1,2013.
Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting
1. those goals since January 01,2014,
A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement
Outcome 1 °Project Component One: Funding costs-will include but-not lirnited10'the:following,expenses' icra-Ent prise
Program that will cot sist ofthree(3)sessions-12 classes for: week'business=itic7 managing:training courses and,
Outcome 2: Project:,Component ,Two: Funding costs will =include het not limited to the following expenses: Salaries.
consultant costs(facilitators,,coaches or mentor),supplies for sessions,advertising,and travel costs.
Outcome 3:'Number of sessions completed.
Outcome 4.Number of persons served,
Outcome 5:Income categories of persons served.
Outcome 6:
Outcome.7:
B.Goal Progress: indicate the progress to date in meeting each outcome goal.
Outcome 1.
Goodwill Industries of SW Florida,Inc.
(CD 13-08)
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is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit anew
2. timeline for approval.
Yes No
if no explain:
3. Since October 1,2012,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? r`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?
$ $
Section 108 Loan Guarantee HOPWA
:$ $
Other Consolidated Plan Funds CDBG
$ $
Other Federal Funds ESG
$ $,
State/Local Funds HOME
Total
$ Entitlement $
Total Other Funds Funds -
Goodwill Industries of SW Florida,Inc.
(CD13-08)
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EXHIBIT "D"
— - _ QUARTERLY PROGRESS REPORT
6. ,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. o Total No of female head of household: o -
6, What is the total number of UNDUPLICATED clients served since October,if applicable?
a. Total number of adult females served. 0 Total number of females served under 18: 0
b. Total number of adult males served. - 0 Total number of males served under 18: 0
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 to 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. IPRESUMED BENEFICIARY DATA: I 8. !OTHER BENEFICIARY DATA INCOME RANGE I
Indicate the total number of UNDUPLICATED
persons served since October 1 who fall into Indicate the total number of UNDUPLICATED persons
each presumed benefit category (the total served since October 1 who fall into each income
should equal the total in question#6): category(the total should equal the total in question#6):
Report as: Report as:
0 Abused Children 0 Extremely low Income(0-30%)
0,` Homeless Person 0 Low Income(31-50%)
0 Battered Spouses 0 Moderate Income(51-80%)
0 Persons w/HIV/AIDS 0 ':Above Moderate Income(>80%)
O Elderly Persons
0_:` +Veterans
O Chronically/Mentally ill
O Physically Disabled Adults
0, Other-Youth
TOTAL: 0 TOTAL: 0
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 ;of whom,how many are Hispanic?
Black/African American 0 -:0 ;of whom,how many are Hispanic?
Asian 0 0 ;of whom,how many are Hispanic"
American Indian/Alaska Native 0 -0 ;of whom,how many are Hispanic?
Native Hawaiian/Other Pacific Islander 0 0 ;of whom.how many are H ispanic
American Indian/Alaskan Native&White 0 0 r of whom. how many are Hispanic"
Black/African American&White '0 0 of whom,how many are Hispanic"
Am. Indian/Alaska Native&Black/African Am 0 0 ;of whom, how many are Hispanic?
Other Multi-racial 0 0 ;of whom,how many are Hispanic?
Other 0 0 ;of whom,how many are Hispanic?
TOTAL: 0 0 TOTAL HISPANIC
Name: Signature:
Your typed name here represents your electronic
Title:
signature
Goodwill Industries of SW Florida,Inc.
(CD 13-08)
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EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Sub recipient Goodwill Industries of Southwest Florida, Fiscal Year
Name Inc. Period
_ I
Total State Financial Assistance Expended during $
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
❑ indicated above and expect to complete our Circular A-133 audit by . Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A-133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(If findings were noted. please enclose a copy of the responses and corrective action plan.'
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title - "M _
Goodwill Industries of SW Florida,Inc.
(CD 13-08)
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EXHIBIT "F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant(CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
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, Title VIII of the Civil Rights Act of 1968
as amended, Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. 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.
7. 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.
8. 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
Goodwill Industries of SW Florida,Inc.
(CD 13-08)
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1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest
extent feasible opportunities for training and employment be given to low- and
very low-income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns that provide
economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to
low- and very low-income persons residing within the metropolitan area in which the CDBG-
funded project is located; where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in which the project is
located, and to low- and very low-income participants in other HUD programs; and award
contracts for work undertaken in connection with a housing rehabilitation (including reduction
and abatement of lead-based paint hazards), housing construction, or other public construction
project to business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to business concerns that provide economic
opportunities to low- and very low-income residents within the service area or the
neighborhood in which the project is located, and to low- and very low-income participants in
other HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists
that would prevent compliance with these requirements.
9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478. 12107 and 12086.
10. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
12. The Americans with Disabilities Act of 1990
13. Uniform Relocation Assistance and Real Propert■ Acquisition Policies Act of 1970, as
amended.
14. 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)).
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects.
Goodwill Industries of SW Florida, Inc.
(CD l 3-08)
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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 Amendments Act of 1988.
19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the
following subsections:
• Subpart A—General;
• Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal
Assistance;
• Subpart C —Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT's;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENT's shall
follow 570.504;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's shall
follow 570.505:
o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the
following applies:
• In all cases in which equipment is sold, the proceeds shall be program
income (pro-rated to reflect the extent to which CDBG funds were used to
acquire the equipment); and
• Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
o Section 84.35, Supplies and other Expendable Property;
o Section 84.51(b), (c). (d), (e). (f) and (h). Monitoring and Reporting Program
Performance:
c Section 84.52, Financial Reporting:
o Section 84.53(b). Retention and Access Requirements for Records. Section 84.53(b)
applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual CDBG
activities shall be four years; and
• The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
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which the specific activity is reported on for the final time rather than from
the date of submission of the final expenditure report for the award;
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG
SUBRECIPIENTs shall comply with 570.503(b)(7); and
• Subpart D—After-the-Award Requirements —except for 84.71, Closeout Procedures
20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for subrecipients that are governmental entities.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations
relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall
constitute a breach of this agreement, and the County shall have the discretion to unilaterally
terminate this agreement immediately.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee; as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the
Contract Documents, the terms of the Agreement shall take precedence over the terms of all
other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
24. Venue - Any suit or 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, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or
mediation shall be attended by representatives of SUBRECIPIENT with full decision-making
authority and by COUNTY'S staff person who would make the presentation of any settlement
reached during negotiations to COUNTY for approval.. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-
upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring mediation
under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier
County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in
federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE
SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
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TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT.
26. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in
an area identified by FEMA as having special flood hazards, flood insurance under the National
Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment
(LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the
cost of said flood insurance.
28. 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.
29. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for
Protection of Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
Ask
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.
30. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with
the Drug-Free Workplace Act of 1988 (41 USC 701).
31. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in this
covered transaction as outlined in 24 CFR 570.609, Subpart K.
32. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable. and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation for all costs
incurred.
States, local tovernments. and Indian Tribes follow:
• A-87 for Cost Principles
• A-102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow:
• A-21 for Cost Principles
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• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles
• A-110 for Administrative Requirements
33. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty
(180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall
comply with the requirements and standards of OMB A-133, Audits of States, Local
Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt
of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in
an audit after such closeout.
34. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be
subject to the provisions of CDBG including, but not limited to, the provisions on use and
disposition of property. Any real property within the SUBRECIPIENT control, which is
acquired or improved in whole or part with CDBG funds in excess of$25,000, must adhere to
the CDBG Regulations at 24 CFR 570.505. Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) • 49 CFR Part 24 • 24 CFR Part
42 (subpart B) • Section 104(d) "Barney Frank Amendment.
35. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any
work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof. This notice is required by §
287.133 (3) (a), Florida Statutes.
36. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned. to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering 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 nersor-
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
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grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and
disclose accordingly.
37. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per
diem rates in effect at the time of travel.
38. Any rule or regulation determined to be applicable by HUD.
39. Florida Statutes 713.20, Part 1, Construction Liens.
40. Florida Statutes 119.021 Records Retention.
41. Florida Statutes, 119.071, Contracts and Public Records.
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