The URL can be used to link to this page

Agenda 05/27/2014 Item #16D16 5/27/2014 16.D.16. EXECUTIVE SUMMARY Recommendation to approve four (4) Modifications to Disaster Recovery Grant Agreements for disaster relief and long term recovery or mitigation with the Florida Department of Economic Opportunity, approve four subrecipient agreements for new projects from returned funds, approve three amendments to subrecipient agreements for increases in funding or budget reallocations, approve reallocation of unused funds within budgets to prepare for close out, and approve two (2) associated budget amendments. OBJECTIVE: To mitigate the impact of natural disasters in low-income neighborhoods through the use of grant funds. CONSIDERATIONS: Collier County has four Disaster Recovery Grant agreements with the Florida Department of Economic Opportunity (DEO). Staff has received technical assistance from the DEO in preparation for grant close-out, advising that each of the grant agreements need to be modified. To accommodate expending all the funds in each grant, terms within each agreement need to be changed. The DEO provides specific modification forms to be approved by the Board for submittal to the DEO. These forms provide an update for project work plans, accomplishments, period of agreement, budgets and beneficiaries. Once the DEO has approved the modifications to the grant agreements, the associated subrecipient agreements and amendments may be executed by the Board and CRA Board chairman as applicable(upon approval of this item). Below is a chart of the grant agreements presented for modification. Grant Name Grant Agreement BCC Approval Dt Item Disaster Recovery Initiative (DRI Z) 07DB-3V-09-21-01-Z01 23-May-07 10.L. Disaster Recovery Initiative (DRI A) 08DB-D3-09-21-01-A03 14-May-08 16.D.17. Disaster Recovery Initiative (DRI K) 10CB-D4-09-21-01-K09 25-May-10 16.D.10. Disaster Recovery Enhancement Fund(DREF) 12-DB-P5-09-21-01-K39 24-Jan-12 16.D2. Each of the modifications is outlined below, and the associated fiscal impacts of each are shown in the fiscal impact section. #1 and 2: Modification No. 10 to the DRI "Z" grant and Modification No. 8 to the DRI"A" grant DEO advised that modifications to the"Z" and "A"grants agreements are required to extend the grant agreements through December 21, 2014,recognize program income and reallocate unused funds to the one remaining unfinished service area in the DRI grant agreements. These actions will allow for time to complete the grant's one remaining project and simplify grant close-out as any unused project funds at the end will be in one service area. #3: Modification No. 9 to the DRI"K" grant On December 10, 2013, the Board approved the termination of subrecipient agreements with the Collier County Housing Authority and Immokalee Housing and Family Services (Agenda Item 16.D.12). These terminations leave $880,523 in unobligated funds in the DRI"K" grant. Packet Page -1409- 5/27/2014 16.D.16. Housing, Human and Veteran Services publically noticed a request for applications to determine the best use of unobligated DRI funds. Funds originally allocated for the aforementioned projects will be reallocated to four new projects. One existing project will receive additional funding and one project needs reallocation of funds within the project elements. The details of each are listed below: Subrecipient Project Award Amount Type of Change Bayshore Gateway Drainage improvements $154,120 New Subrecipient Triangle Community on Karen Drive Agreement Redevelopment Agency Bayshore Gateway Stormwater improvements $56,560 New Subrecipient Triangle Community on Pineland Avenue Agreement Redevelopment Agency The Shelter for Abused New Roof, window and $201,300 New Subrecipient Women and Children doors at Options Resale Agreement Shoppe The Shelter for Abused New hurricane resistant $7,800 New Subrecipient Women and Children garage door at the Agreement Shelter's main facility Big Cypress Housing Construction of three $460,743 Amendment to Corporation homes at Hatcher's Subrecipient Agreement preserve in immokalee to increase total funding to $1,099,944.30 Immokalee CRA Add Construction $19,700 of the Amendment to Engineering Inspections to $517,000 reallocated Subrecipient Agreement Colorado Avenue project among different to reallocate funding. project elements #4: Modification No. 3 to the "DREF" grant On December 1 0, 2013, the Board approved the termination of a subrecipient agreement with the Collier County Housing Authority (Agenda item 16D12). This termination leaves $832,519.00 as unobligated funds in the DREF grant. HHVS performed a Public Notice and application process to determine the best use of unobligated DREF funds. The amounts of$664,298.51 of the funds originally allocated for the aforementioned project are proposed to be reallocated to the Immokalee Community Redevelopment Agency (CRA) Stormwater Phase II project. The amount of $633,739.04 will be added to the Immokalee CRA subrecipient agreement and the amount of $30,559.47 will be available for project delivery. The balance of $168,220.49 remains unobligated at this time. FISCAL IMPACT: Z grant: The amount of the original grant agreement was $2,339,882.00. A budget amendment is required in the amount of$403.64 to recognize program income within Urban Improvement Grants Fund 121, Project 34540. The total new grant award is $2,340,285.64. General Fund impact is estimated at$22,766 for FY 15. This includes the costs to cover completion, potential extension and close out of the grant. A grant: The amount of the original grant agreement was $2,814,698.15. A budget amendment is required in the amount of$3,762.92 to recognize program income within Urban Improvement Grants Fund 121, Project 34541. The total new grant award is $2,818,461.07. General Fund impact is estimated Packet Page -1410- 5/27/2014 16.D.16. at $45,531 for FY 15. This includes the costs to cover completion,potential extension and close out of the grant. K grant: This action has no new fiscal impact. Total grant award is $9,963,208.00 and is budgeted in the Housing Grants Fund 705, Project 33104. Unallocated funds in the amount of $880,523.00 will be dedicated to the new projects. General Fund impact is estimated at $24,000 for FY 15. This includes the costs to cover completion,potential extension and close out of the grant. DREF grant: Total grant award is $3,335,131.91 and is budgeted in the Housing Grants Fund 705, Project 33191. Unallocated funds in the amount of $664,298.51 will be dedicated to the Immokalee CRA Stormwater Project. The amount of $633,739.04 will be added to the Immokalee CRA subrecipient agreement and the amount of $30,559.47 will be available for project delivery. The balance of $168,220.49 remains unobligated at this time. General Fund impact is estimated at$8,399 for FY 15. This includes the costs to cover completion,potential extension and close out of the grant. GROWTH MANAGEMENT IMPACT: Implementation of DRI and DREF will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: Once the DEO has approved the modifications to the grant agreements, the associated subrecipient agreements and amendments may be executed by the Board Chairman. This item is approved as to form and legality and requires a majority vote for Board action—JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign: 1)Four modifications to the Disaster Recovery Initiative(DRI) and Disaster Recovery Enhancement Fund grant agreements, 2) four associated subrecipient agreements, 3) three associated subrecipient agreement amendments and 4) the associated cover letters to the DEO; and authorizes the associated budget amendments. Prepared By: Lisa Oien, Grants Coordinator, Housing, Human and Veteran Services Packet Page -1411- 5/27/2014 16.D.16. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.16. Item Summary: Recommendation to approve four (4) Modifications to Disaster Recovery Grant Agreements for disaster relief and long term recovery or mitigation with the Florida Department of Economic Opportunity, approve four subrecipient agreements for new projects from returned funds, approve three amendments to subrecipient agreements for increases in funding or budget reallocations, approve reallocation of unused funds within budgets to prepare for close out, and approve two (2) associated budget amendments. Meeting Date: 5/27/2014 Prepared By Name: AlonsoHailey Title: Operations Analyst, Public Services Division 5/20/2014 3:13:42 PM Approved By Name: OchsLeo Title: County Manager, County Managers Office Date: 5/20/2014 4:07:42 PM Packet Page -1412- 5/27/2014 16.D.16. Grants # 12DB-P5-09-21-01-K39 #07DB-3V-09-21-O1-Z01 #08DB-D3-09-21-01-A03 #10DB-D4-09-21-01-K09 CFDA/CSFA#- 14.228 Subrecipient-Big Cypress Housing Corporation DUNS #064723252 • FETI# 65-1067124 FY End-12/30 Monitor End: 2018 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND Big Cypress Housing Corporation Hatcher's Preserve, Affordable Rental Housing This Amendment, is entered into this 27th day of May, 2014, by and between Big Cypress Housing Corporation, a not for profit existing under the laws of the State of Florida, herein after referred to as SUBRECIPIENT and Collier County, Florida, herein after to be referred to as "COUNTY," collectively stated as the "Parties." WHEREAS, on October 22, 2014, the Board of County Commissioners approved submittal of modifications to grant agreement numbers, 12DB-P5-09-21-01-K39, 07DB-3 V-09- 21-01-ZO1 and 08DB-D3-09-21-01-A03 between Collier County and the Florida Department of Economic Opportunity (DEO) and the execution of an associated subrecipient agreement providing Community CDBG/DRI/DREF funds for the Hatcher's Preserve project in Immokalee,Florida WHEREAS on May 27, 2014 the Board of County Commissioners approved submittal of modification#9 for grant agreement#10DB-D4-09-21-01-K09 and the associated subrecipient agreement amendment providing additional Community CDBG/DRI funds for the Hatcher's Preserve project. WHEREAS, the Parties desire to amend the Agreement to incorporate funds for additional construction at Hatcher's Preserve. Words elm are deleted; Words Underlined are added THE SUBRECIPIENT AGREES TO: Page 1 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 Packet Page -1413- (2) 5/27/2014 16.D.16. .. Y I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG/DRI/DRE funds, as deter mined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG/DREF/DRI Funds, as deteinnined by Collier County Housing, Human and Veteran Services (HIIVS), perform the tasks necessary to conduct the program as follows: Project Component 1: The construction cost and associated costs of fees and permits necessary to construct a minimum of €-ye eight single family rental homes at Hatcher's Preserve in Immokalee, Florida. Project Component 2: The cost of the HUD required Environmental Assessment for the Hatcher's Preserve Community. II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification 42 of DREF Subgrant Agreement # 12DB-P5-09-21-01-K39 (incorporated by reference) and end by October 22, of 20111-prior to the end date of the same agreement, as extended by modification to the DRI Subgrant Agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. III. AGREEMENT AMOUNT The COUNTY agrees to make available . - - • • • • - • • • •- . • • I . • ' ! ! One Million Ninety Nine Thousand Nine Hundred Forty Four Dollars and Thirty Cents (51,099,944.30) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the Agreement, shall be referred to as the "Funds"). Page 2 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 Packet Page-1414- �� 5/27/2014 16.D.16. All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The budget identified for all improvements is as follows: Line Item Description Total DREF DRI DRI DRI DREF/DRI FUNDS FUNDS FUNDS FUNDS FUNDS (2008 funds) Z grant A grant K grant (2005 funds) (2005 funds) (2008 funds) NOTE* Activities/items/services may include but not be limited to: BCHC, Hatcher's Preserve, Affordable Rental Housing Project Component#1 $635,201.30 $221,388.80 $106,650.69 $307,161.81 $460,743.00 The construction cost $1.095.944.30 and associated costs of fees and permits necessary to construct a minimum of fwe eight single family rental homes at Hatcher's Preserve in Immokalee, Florida. Component #2 The cost $4,000.00 $4,000.00 of a HUD required Environmental Assessment for the Hatcher's Preserve Community. Total $ 639,201.30 $ 221,388.80 $106,650.69 $ 311,161.81 $460.743.00 $1,099.944.30 The A and Z grant (2005 funding) may be shifted between allocations to accomplish construction of single family rental homes and the associated costs without requiring formal approval of the BCC or the DEO or an amendment to this agreement. Page 3 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 Packet Page-1415- �. �' 5/27/2014 16.D.16. The DREF and K grant (2008 funding) may be shifted between allocations to accomplish construction of single family rental homes and the associated costs without requiring formal approval of the BCC or the DEO or an amendment to this agreement. Modifications to the budget and scope may only be made if approved in advance. Budgeted fund shifts between project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. The following table details the project deliverables, documents and submission schedule. Deliverable Supporting Documents Exhibit Submission Date Project Component #1 Construction: Submission of Exhibit Monthly The construction cost and supporting documents must "B"using invoicing associated costs of fees be provided as back up as Exhibit and permits necessary to evidenced by, but not limited "C"if construct a minimum of to, signed AIA G702-1992 applicable. five eight rental single form (attached as Exhibit family homes at Hatcher's "G") or equivalent document Preserve in Immokalee, accompanied by the Florida contractor's Schedule of Values and associated photos. 10% Retainage will be Submit withheld with each request request for payment and will be after final released upon completion of close out activities and final close out monitoring monitoring clearance Project Component #2 Assessment document Exhibit One time The cost of a HUD provided to HHVS and an `B" before required Environmental invoice from Environmental construction Assessment for the Assessment consultant: contract Hatcher's Preserve Community. Program compliance Submission of Annual Exhibit At project documents Certificate of Insurance, "E" for the initiation Page 4 of 9 Big Cypress Housing Corporation DREF 08-06,DR1 05-06, DR1 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 Packet Page -1416- C'`�y 5/27/2014 16.D.16. Annual Audit, Fair Housing annual Plan and Fair Housing Audit Marketing Plan Monthly Reporting for Submission of applicable Exhibits Monthly Progress, beneficiaries reports • "D-]", "1)- and contracts 2", "0-3" and "0-4" A i * IN WITNESS WH_ERE0F, the parties have each, respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. • ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk "Worn Henning, Chairman Dated: • (SEAL) • ArrEST: DWIGHT E. BROCK, CLERK Big Cypress Housing Corporation By: , Deputy Clerk Subrecipient Signature • Steven Kirk, President Dated: (SEAL) Approved as to form and legality: Jennifer A, Belpedio Assistant County Attorney s <7 Page 5 of 9 Big Cypress Housing Corporation DREP08-06,DRt 05-06, DR105-1 ( and'DRF08-13 t-latcher's Preserve Affordable Housing Contract Amendment II • •Packet Page -1417- 5/27/2014 16.D.16. EXHIBIT "B" COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Big Cypress Housing Corporation Sub recipient Address: 19308 SW 380th Street Florida City, Florida 33034 Project Name: Hatcher's Preserve. Affordable Rental Housing ,DRI 08-13 Project No: DREF 08-6, DRI 05-06 and DRI 05-11 Payment Request# Dollar Amount Requested: $639,201.30 1,099,944.30 Date: Period of Availability: 1/8/2014-12/21/2014 or as modified Of$0.00 invoice enteF44450 Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $1,099,944.30 $ $639,201.30 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request 6. 10% Retainage Withheld 7. Payment amount for this request Current Grant Balance (Initial Grant Amount $ 68. Awarded Less Sum of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Page 6 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 Packet Page -1418- `� 5/27/2014 16.D.16. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director (approval required $15,000 and above) .. K ;: D-1 CDBG/DISASTER RECOVERY MONTHLY PROGRESS REPORT Complete form for the current month and submit to Housing&Human Service's staff by the 26th of each month. Status Report for Month of Submittal Date: Project Name Hatcher's Preserve, Affordable Rental Housing DRI 08-13 Project Number: DREF 08-06, DR1 05-06 and DRI 05-11 Activity Number: Replacement Housing 12 Subrecipient: Big Cypress Housing Incorporated Contact Person Steven Kirk Telephone: E-mail: Li:-Ith ai/y altoo.com 1. Activity Status/Milestones(describe any action taken, relating to this project, during the month): 2. What events/actions are scheduled for the next two months? Page 7 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06, DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 Packet Page -1419- �, ) 5/27/2014 16.D.16. 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. D-2 Accomplishments and Benificiaries Monthly Reports Subrecipient: Big Cypress Housing Corporation,Hatcher's Preserve Accomplishments Total Units Projected Units Completed/Month €-8 Housing Units January February March April May June July August September October November December TOTAL Beneficiaries Total Beneficiaries Projected Beneficiaries Completed/Month €8 LMI January February March April LMI Area LMI Please list the total LMI TOTAL beneficiaries for each month in May June July August the top box. LMI While listing the total amount TOTAL of beneficiaries in the lower box September October November December LMI TOTAL Page 8 of 9 Big Cypress Housing Corporation DREF 08-06, DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 Packet Page -1420- 5/27/2014 16.D.16. T . LMI: TOTAL: *LMI=Low to Moderate Income Persons Households -----------..__..------ Total Households Projected Households Served/Month 68 Households January February March April May June July August Subrecipient Signature: September October November December DATE: TOTAL: I Page 9 of 9 Big Cypress Housing Corporation DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13 Hatcher's Preserve Affordable Housing Contract Amendment#1 Packet Page -1421- ; 5/27/2014 16.D.16. Grant#10DB-D4-09-21-01-K09 CFDA/CSFA# 14.228 Subrecipient—Bayshore Gateway Triangle community Redevelopment Agency DUNS #- 76997790 FETI# - 59-6000558 Fiscal Year End: 9/30 Monitor End: 11/2019 AGREEMENT BETWEEN COLLIER COUNTY AND Bayshore Gateway Triangle Community Redevelopment Agency Karen Drive Drainage Improvements THIS AGREEMENT is made and entered into this 27th day of May, 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "Collier County Community Redevelopment Agency — Bayshore Gateway Triangle Area (CRA)." A community redevelopment agency approved by the Board of Collier County Commissioners, having its principal office at 3570 Bayshore Drive, Unit 102 Naples, Florida 34112. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, storm mitigation,public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreements with the Florida Department of Economic Opportunity(DEO) for grant #10DB-D4-09-21-01-K09 in the amount of $9,963,201.00 in Community Development Block Grant(CDBG) Disaster Recovery Initiative (DRI) Funds on May 25, 2010, Item No. 16.D.10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in • Part "1" of this agreement, in accordance with the approved Disaster Recovery Initiative Subgrant Agreement, approved by the County;and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative Grant Program as a valid and worthwhile County purpose NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Bayshore Gateway Triangle Area CRA DRI 08-1 I Karen Drive,Drainage Improvements Page 1 of 43 Packet Page -1422- 5/27/2014 16.D.16. PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the DRI program, will make available DRI funds up to the gross amount of $154,120.00 to the Bayshore CRA to fund construction of Drainage Improvements. 1.1 SPECIAL GRANT CONDITIONS A. Within 30 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the environmental review and infrastructure construction. B. The Subrecipient must have the environmental requirement cleared by the HHVS and DEO prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. C. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action/Equal Opportunity Policy 4. Conflict of Interest Policy 5. Residential Anti-displacement and Relocation Policy 6. Sexual Harassment Policy 7. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) 8. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 1.2 PROJECT DETAILS A. Project Description Improvements Federal Funds Project Component 1: The construction cost and costs of permits $142,053.00 necessary to make drainage improvements in the Karen Drive area Bayshore Gateway Triangle Area CRA DRI 08-1 I Karen Drive,Drainage Improvements Page 2 of 43 Packet Page -1423- 5/27/2014 16.D.16. located in Naples, Florida. Project Component 2: The cost of the HUD required Environmental $2,550.00 Assessment, Project Component 3: The cost of Construction Engineering Inspections $9,517.00 (CEI)Services • Total: $1 54,120.00 The detailed project scope will be contained in the schedule of values awarded in the projects construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction the associated construction agreement will prevail for reimbursement. The project will accomplish the installation of an estimated 1500 linear feet of storm piping and the associated materials: Project Tasks 1. Maintain documentation on LMI Area served in compliance with 24CFR 85.42 2. Provide monthly reports on progress and national objectives 3. Provide Environmental Review Assessment 4. Provide Site Design and Specifications 5. Prepare Bid Specifications and Engineer's Cost Estimate 6. Obtain Sealed Bids and provide procurement documentation 7. Provide Certified Payroll and Interview Forms on a weekly basis 8. Submit invoices to HHVS for environmental,engineering and construction B. National Objective The grant funds awarded to the Bayshore CRA will benefit at least 51% Low to Moderate Income Households. As such the Subrecipient shall be responsible for ensuring that at least 51% percent of the beneficiaries meet the definition of Area Benefit Activities at 24 CFR 570.208(a)(1). C. Project Outcome The project will construct and install an estimated 1,500 linear feet of storm piping and associated materials. D. Performance Deliverables The Following Table Details the Project Deliverables Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 3 of 43 Packet Page -1424- ��/ 5/27/2014 16.D.16. Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Prior to the disbursement of (Section 1.1) agreement funds Insurance Insurance Certificate Annually within 30 days of renewal Detailed Project Schedule Project Schedule Within 30 days of Agreement Execution Project Plans And Specifications Engineer Site Plans Prior to Invitation to Bid Invitation to Bid Sealed Bid Documents Prior to Invitation to Bid Submission of Progress Report Exhibit D Monthly and Annually thereafter until 11/2019 Financial and Compliance Audit Exhibit E Annually 180 days after FY end Continued Use Certification Continued Use Affidavit Annually until 2019 E. Payment Schedule Payment Deliverable Payment Submission Schedule Deliverable/Documentation Project Component 1: The • Construction: Submission of • Monthly construction cost and costs supporting documents must be ofperrnits necessary to make provided as back up as drainage improvements in evidenced by, but not limited the Karen Drive area to, signed AlA G702-1992 located in Naples, Florida. form(attached as Exhibit"G") or equivalent document accompanied by the contractor's Schedule of Values,proof of payment and associated photos. Exhibits "B" and "C" if applicable. 10% Retainage will be withheld with • Submit request each request for payment and will be after final close released upon completion of activities out monitoring and final close out monitoring clearance Project Component 2: The • Environmental Assessment • Pending: HHVS cost of the HUD required document, proposal, invoice, Consultant Environmental Assessment proof of Payment and Exhibit"B" review and for the Karen Drive Project DEO approval Project Component 3: The • Detailed time sheets • Throughout the Cost of Construction documenting all of the specific Project Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 4 of 43 Packet Page-1425- i ,ter 5/27/2014 16.D.16. Engineering Inspections employee(s) activities for each (CEI) Services. week that includes CEI inspections for this project and the associated activity log(s). • Proof of payment and the Exhibit"B". 1.3 TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification #9 of DRI Subgrant Agreement #10DB-D4-09-21-01-K09 and end prior to the end date of the same agreement, as extended by modification to the DRI Subgrant Agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available One Hundred Fifty Four Thousand One Hundred Twenty Dollars and No Cents (S154,120.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with Board approval. All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 5 of 43 0.7 Packet Page -1426- 5/27/2014 16.D.16. performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a$0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non-Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall he effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Lisaoienacolliergov.net 239-252-6141 SUBRECIPIENT ATTENTION: Ashley Caserta, Project Manager Bayshore Gateway Triangle Area CRA 3570 Bayshore Drive, Unit 102 Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 6 of 43 Packet Page -1427- :C ) 5/27/2014 16.D.16. Naples, F1. 34112 ashleycasertancolliergov.net 239-643-1115 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN COLLIER COUNTY COMMUNITY Dated: REDEVELOPMENT AGENCY BAYSHORE (SEAL) GATEWAY TRIANGLE CRA By: Donna Fiala,Chairman Collier County Community Redevelopment Agency L 1 HE, i*lO [rK l r L Approved as to form and legali ,': Jennifer A. Belpedio Assistant County Attorney Bayshore Gateway Triangle Area CRA DRI 08-I 1 haren Drive,Drainage Improvements Page 7 of 43 Packet Page -1428- 5/27/2014 16.D.16. PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to,the following: A. All records required by CDBG regulations B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for six (6) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be Bayshore Gateway Triangle Area CRA DRI O8-11 Karen Drive,Drainage Improvements Page g of 43 Packet Page -1429- '- 5/27/2014 16.D.16. informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. For Area Benefit activities, the SUBRECIPIENT will maintain documentation on the low-to-moderate benefit to the area by census tracts served. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by Iaw. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than l 80 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 9 of 43 Packet Page -1430- 5/27/2014 16.D.16. of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services(HHVS) has adopted an escalation policy to ensure continued compliance by recipients, subrecipients, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of five percent (5%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity may be considered in violation of Resolution 2013-228 Bayshore Gateway Triangle Area CRA DRI 08-1 I Karen Drive,Drainage Improvements Page 10 of 43 g\ I✓ Packet Page -1431- 5/27/2014 16.D.16. 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail;the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of ten percent (10%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity will be considered in violation of Resolution 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. o The entity will be considered in violation of Resolution 2013-228 If in the case the Entity has multiple agreements with the Department and is found to be non- compliant, the above sanctions may be imposed across all awards at the County's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit monthly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D-1". Exhibit "D-I" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Bayshore Gateway Triangle Area CRA DR1 08-11 Karen Drive,Drainage Improvements Page 11 of 43 Packet Page -1432- 5/27/2014 16.D.16. PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development BIock Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 12 of 43 Packet Page -1433- 5/27/2014 16.D.16. of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may subject to CDBG regulations, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 13 of 43 Packet Page -1434- '_ 5/27/2014 16.D.16. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO), AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. • The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and Bayshore Gateway Triangle Area CRA DRI 08-I I Karen Drive,Drainage Improvements Page 14 of 43 Packet Page -1435- 5/27/2014 16.D.16. G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. Bayshore Gateway Triangle Area CRA DR108-11 Karen Drive,Drainage Improvements Page 15 of 43 Packet Page -1436- 5/27/2014 16.D.16. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of the Collier County Purchasing Policy Purchasing Threshold Policy Dollar Range($) Quotes _ Under $3K 1 Written Quote _ Above $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) 3.13 PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, Utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97,Florida Single Audit Act. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 16 of 43 Packet Page-1437- r ' 5/27/2014 16.D.16. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 17 of 43 Packet Page -1438- ` l 5/27/2014 16.D.16. provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY'S sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. I3ayshore Gateway Triangle Area CRA DRI 08-1 I Karen Drive,Drainage Improvements Page 18 of 43 Packet Page -1439- �� 5/27/2014 16.D.16. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Bayshore Gateway Triangle Area CRA DRI OS-I 1 Karen Drive,Drainage Improvements Page 19 of 43 Packet Page-1440- 5/27/2014 16.D.16. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended-All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://wvvw.ccfr.gov/cgi-bin/text- idx?c=ecfr&.tpl=/ecfrbrowse/Title24/24cfr58 main 02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http:///nortal.hud.uov/hudportal/HUD?src=/program offices/fair housing equal opp/Fil Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices'Theo/library/huddoistatement.pdf E.O. 11063 —Equal Opportunity in Housing httn://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal oph?F1-I Laws/EXOI 1063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs httn://www.archives.gov/federal-register/codification/executive-order/1 2259.html 24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/teat/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.uov/hudportal/HUD?src—/program offices/fair housing equal opn/prog descltitle8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. httn://www.gpo.gov/fdsys/pl:g/CFR-2007-titl c24-vol3/ndf/CFR-2007-titic24-vol3- sec570-602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.ecoc.govleeoc/hisiorv/35th/thelawleo-11246.html EO 11375 and 12086: see item 8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or 13ayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive.Drainage Improvements Page 20 of 43 Packet Page -1441- 5/27/2014 16.D.16. advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http:/iwww.eeoc.aov,/laws/statutes/titlevii.cfm 4.9 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 21 of 43 Packet Page -1442- ter% 5/27/2014 16.D.16. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. httn://wwvw.ecfi.eovicai- hin!text idx`c ecfr&tpl=/ecfrbrowwse//Title24/24cfr135 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://wwwv.dol.eov/oasam/revs/statutes/arse act.htm 11063:http://portal.hud.e ov/hudportal/HUD?src—1program offices,/fair housing. equal o pp/FHLaws/EXO 1 106 3 11246: http://ww°wvwv.ecoc.tzov/ecoc/history/35th/thelawleo-11246.htiml 11375: Amended by EO 11478 11478: httn://www.archives.eovl federal-reuister/codification/executive-order'11478.html 12107: httn://www.archives.gov!federal-reuisterlcodificati on/executive-order/12107.html 12086: http://wvvw.archives.eov/federal-reuister/codification/executive-order•/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceenu ineerinupamplets2.tnub.com/EP-1 180-1-1/EP-1180-I-1 0012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://Nv www.ena.uov/civilriehts/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.htm1 24 CFR 570.614: littp://v,ww.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 httn://www.thwa.clot.govirealestale/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. httn:/iwvww.fhwa.dot.eov/realestatelualindex.htm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in whole or in part byLoans or Grants from the United States- http://www.law.comell.edulcfr/text/29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http://www.law.comell.edu/cfr/text/29/part-5 Bayshore Gateway Triangle Area CRA DRl 08-11 Karcn Drive,Drainage Improvements Page 22 of 43 Packet Page -1443- 5/27/2014 16.D.16. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://wow.presidcncv.ucsb.edu/ws/index.php?pid=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11 625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.erov/node!333 HUD Circular Letter 79-45: No reference found 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http://www.Lpo.uov/fdsys/pkpICFR-2010-title24-vo13/pdf/CFR-2010- title24-vo1.3-sec570-608.pdf E.O. 13279: http://fedeovcontracts.com/pe02-192.htm 4.18 Public Law 100-430 -the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.eovipubmed/l2289709 4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: http://www.law.cornell.edu!cfritext/24/part-84 • Subpart A—General; • Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C—Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment—In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and Barshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 23 of 43 .,i Packet Page -1444- 5/27/2014 16.D.16. • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(h), (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(h) pertaining to individual CDBG activities shall be six years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and Subpart D —After-the-Award Requirements—except for 84.71, Closeout Procedures 4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. ht tn://www.ecfr.ttov/c2I-hinitext- idx?c=ecfr&t)1=Jecfrbrowse/Titic24/24cfr85 main 02.t)1 4.21 Immigration Reform and Control Act of 1986 littp://v,,ww.ceoc.tiov/eeoc/history/35thithelaw/irca.html - 4.22 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - http://www.lawserver.comlaw/stateiflorida/statutestflorida statutes chapter 112 part iii Collier County- http://hccsp0I/SiteDirectorv!ASD/I IF !labor!CMAs!Shared%20Documcnts!CMA%205 31 1.1%20Standards°A20of%20Conduct.pdf 4.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Bayshorc Gateway'Triangle Area CRA DRI OS-11 n Page 2 Karen Drive,Drainage improvements 24 of 3 Packet Page -1445- 5/27/2014 16.D.16. 4.24 Venue-Any suit of action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall he 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. htt ://ww,.rw.flsenate.eov/L,aws/Statutes/20I 0/44.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.cduluscodeltext/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, el seq., as amended. http://www.law.cornell.edu`uscode/text/33/chapter-26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, el seq. httn://www.late.cornell.edu/uscode/text/42/7401 h. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. hti 7)://www.law cornell.edu'uscode'tex1/33/chapte1=26 4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart I{), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. http://www.cefr.uov/e t_T i-hi n!text- idx?c=ecfr&SID=eb a40 bdb52822d80$27a48bced5h0b56&rnn=divfl&view—text&node=2 4:3.1.1.3.4.11.1.6&idno=24 4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Bayshore Gateway'Triangle Area CRA DRI OF-I 1 Karen Drive,Drainage Improvements Page 25 of 43 Packet Page -1446- 5/27/2014 16.D.16. Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. httn://www.ecfr.gov/cgi-bin/text- rdx?c=ecfr&SlI)=eba40bdb52822d80827a48bced5b0h56 ::ron=div8&vie text&node=`' 4:3.1.1.3.4.1 1.1.9&idno=24 4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nos.riiov/history/local-law/nhpa.I966.htm httn://vvvy w.ecf r.gov/crai-binliext- idx?c=ecfr&tpl=/ecfrbrowsc'Title36/36efi:800 main 02.tp1 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. httn://www.nps.nov/history/local-lawinhpa 1966.htm 4.30 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). htt /lus-codexlex.coin/vididrun-free-workplace-reuuirennents-contractors-19242870 4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in • this covered transaction as outlined in 24 CFR 570.609, Subpart K. http://www.ecfr.gov/ca i-bin1text- idx?c—ecfr&MD=eba40bdb52822d8082 7a48bccd5h0b56i&rnm div8&view=te\t&,node-2 4:3.1.1.3.4.11.1.10&idno=24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 26 of 43 Packet Page -1447- 5/27/2014 16.D.16. OMB Circular A87: http://www.vvhitehouse.erov/omb!circulars a087 2004/ OMB Circular A102:http://w ww.whitehouse.eov/omblcirculars a102/ OMB Circular A21:http:/!www.whitehouse.riovlomb/circulars a021 2004/ OMB Circular Al 10:http://www.whitehouse.cov/omb/circulars al l0/ OMB Circular A122: http://www.whitehouse.aov/omb/cireulars a122 2004/ 4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http:/i www.whitehouse.eov/om Wei red ars/aI33 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. hitp://www.law.cornell.edulefr/text/24/92.206 4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of$25,000,must adhere to the CDBG Regulations at 24 CFR 570.505. • http:/1 www.flrwa.dot.govlrealestate/ua%index.htm http://vvvvw.law.cornel Led Wefr/text/49/24.101 http:r'/efr.vlex.com`vid/570-505-use-real-pro ertv-19928754 4.35 As provided in § 287.133,Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.lawserver.com/law/state/floridalstatutes/florida statutes 287-133 4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Bayshore Gateway Triangle Area CRA DR!08-11 Karen Drive,Drainage Improvements Page 27 of 43 Packet Page -1448- 5/27/2014 16.D.16. into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.38 Any rule or regulation determined to be applicable by HUD. 4.39 Florida Statutes 713.20, Part 1, Construction Liens http://www.leu.state.fl.us/Statutes/index.cfm?Ap_p mode—Display Statute 1RI,=0700- 0799/0713/0713.html 4.40 Florida Statutes 119.021 Records Retention http://www.lawserver.com!law/state/florida/statutes/forida statutes 119-021 4.41 The Disaster Recovery Initiative Agreement 410DB-D4-09-2l-01-K09 between Collier County and the Florida Department of Economic Opportunity by reference are incorporated into this agreement. J:Grants/DRI 2008 TS Fay (K Grant)/Agreements/DCA DRI 2008 original grant agreement executed.pdf 4.42 Florida Statutes, 119.071, Contracts and Public Records htt):Uw w.1ee.state.fl.us/Statutes/index.cfin?A, mode—Display Statute&URL=0100- 0199/0119/Sections/0119.07.html PART V DISASTER RECOVERY WAIVERS "Waivers and Alternative Requirements for Grants Under the Supplemental Appropriations Act,2008"(Federal Register/Vol.74,No.29/Friday,February 13,2009/Notices [FR-5256—N-0l]). nayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 28 of 43 Packet Page -1449- 5/27/2014 16.D.16. Relevant Waivers including, but not limited to: 5.1 Overall benefit waiver and alternative requirement. (2) 5.2 Citizen participation waiver and alternative requirement. (5) 5.3 Modification requirement for consultation with local governments. (6) 5.4 Duplication of benefits. (10) 5.5 Waiver and alternative requirement for distribution to CDBG metropolitan cities and urban counties. (11) 5.6 Program income alternative requirement. (12) 5.7 Note that use of grant funds must relate to the purposes of the Second 2008 Act. (13) 5.8 Waiver of performance report and alternative requirement. (14) 5.9 Recordkeeping. (16) 5.10 Change of use of real property. (17) 5.11 Housing-related eligibility waivers. (19) 5.12 One-for-one replacement of units damaged by disaster. (21) 5.13 Flood Buyouts. (22) PART VI EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, do Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 29 of 43 Packet Page -1450- 5/27/2014 16.D.16. 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) Bayshore Gateway Triangle Area CRA DRI 08-I 1 Karen Drive,Drainage Improvements Page 30 of 43 Packet Page -1451- 5/27/2014 16.D.16. After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000;000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Bayshore Gateway Triangle Area CRA DRT 08-11 Karen Drive,Drainage Improvements Page 31 of 43 Packet Page -1452- 5/27/2014 16.D.16. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION E: REQUEST FOR PAYMENT Sub recipient Name: Bayshore Gateway Triangle CRA Sub recipient Address: 3570 Bayshore Drive. Unit 102 Naples Fl. 34112 Project Name: Karen Drive, Drainage Improvements Project No: DRI 08-1 1 Payment Request# Dollar Amount Requested: $ 154,120.00 Date: Period of Availability: effective date of DRl grant 410D13-D4-09-21-0)-109 Mod#9-12/21/2014 or as modified Period for which Agency has incurred indebtedness through SECTION U.: STATUS OF FUNDS 1. Grant Amount Awarded $ $154,120.00 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. 10%Retainage Withheld 7. Payment amount for this request 8. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all requests, including retainage) $ 1 certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us.To the best of my knowledge and belief,all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under 114,999) Dept Director (approval required$15,000 and above) Bayshore Gateway Triangle Area CRA CR108-11 Karen Drive,Drainage Improvements Page 32 of 43 Packet Page -1453- 5/27/2014 16.D.16. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 —Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's Request for Payment. Bayshore Gateway Triangle CRA Witness: BY: BY: ITS: Project Manager DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 33 of 43 Packet Page-1454- 5/27/2014 16.D.16. EXHIBIT "D" Exhibit"D" contains four(4) monthly reporting forms Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 34 of 43 Packet Page -1455- 5/27/2014 16.D.16. D-1 CDBG/DISASTER RECOVERY MONTHLY PROGRESS REPORT Complete form for the current month and submit to Housing&Human Service's staff by the 26th of each month. Status Report for Month of Submittal Date: Project Name Karen Drive Project Number: DRI 08-11 Activity Number: 031-flood and drain, 21B-engineering Subrecipient: Bayshore Gateway Triangle CRA Contact Person Ashley Caserta Telephone: 230-6-1 -1 1 1; E-mail: Ashle yea serta((j coil iert tl ov.net 1. Activity Status/Milestones(describe any action taken, relating to this project, during the month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 35 of 43 Packet Page -1456- 5/27/2014 16.D.16. D-2 Accomplishments and Benificiaries Monthly Reports Subrecipient: Bayshore Gateway Triangle CRA Accomplishments Total Units Projected Units Completed/Month 1300 LF storm piping and January February March April associated materials Document dates , May June July August September October November December TOTAL: Beneficiaries Total Beneficiaries Projected Beneficiaries Completed/Month Number of beneficiaries January February March April LMI Area LMI Please list the total LMI TOTAL beneficiaries for each month in May June July August the top box. LMI While listing the total amount TOTAL of beneficiaries in the lower box September October November December LMI TOTAL .'" LMI: TOTAL: I*LMI=Low to Moderate Income Persons I Households Total Households Projected Households Served/Month Number of Households January February March April May June July August Subrecipient Signature: September October November December DATE: TOTAL Bayshore Gateway Triangle Area CRA DR1 08-11 Karen Drive,Drainage Improvements Page 36 of 43 Packet Page-1457- 5/27/2014 16.D.16. 0-3 summary of All Dencliclanes by Race Monthly Report }anus Y Year. I Summary of All Beneficiaries.by Race(reported for Fair Housing and 60 purposes):Race Is determined by head of household. Rectal Code Served this Month Served to Data Reseal Code Served this Month Served to Date White(III 0 American Indian or Alaskan Nativeard White(16) 0 African Amerian(17) 0 Asian and White:07) 0 IA,.(13) 0 African Americana.White(18 ) 0 Amer lean Indian or Alaskan Nade(i4) 0 American liddlaNAlasknn Native and African American(l4) 0 Native Hawaiian Pacific Islander(15) 0 Other MUlh-ratio}(20) 0 r'ebnrary Year Summary of All Benefioteries by Race(reported for Fair Housing and SO purposes).Race is determined by head of household. Raaler Code Served this Month Served to Data Racial Code Served.this Month Served to Date White(11) (I American todlan or Alaskan Native and White(16) 0 Ahimn Amerlmn-(12) 0 Asian and White(I7) 0, Asian(131 0 African American end Willie(18) 0 American Indian or Alaskan Sabve(14)' :C American Indian/Alaskan Native aid:African American(le) it Native Hawaiian Pacific Islander(15) 0 Other Muitl-rACid(20) 0 March Summary of All Beneficiaries by Race(reported for Fair Housing and f0 purposes.Race Is determined by head of household. Racial Code Served thin M000, Served to Dote Racial Cede Served this Month salveato Dote White(11) C American Indian'.or.Alaskan Native and White(16) 0 Arrimn American(12) 0 Asian White(17) 0 Aston(33) O African American and White(l8) 0 American.Indian or Alaskan Native(14) 0 American Indian!Ateskan Natve:end:African American(19) 0 Nair.Hawaiian Pacific)s)ancer(15) 0 Othei Moan-racial(20) 0 April Year Summa of All Beneficiaries b Race to.cried for Fair Housin r and E0.0 •owes.:.Rape is determined b-.head of household. paella code Sewed tttis Month Sorved to.Date Racial Cede Served this Month Byroad to Date(11) D American Indian or Alaskan Native and White(16) 0 African American(12) A Asian mode..(17) 0 Asian(13) - 0 African American.end Wilde(18) 0 American Indian or Alaskan Native.(14) 0,Amenon Indian/Alaskan Native aril African American(14) - 0 Native Hawaiian Pacific Islander(15) 0 Ott.HUla-tacial(20) 0 May Year Summary.of All Beneficiaries by Race(reported for Fair Housin and SO purposes).Race Is determined by head of household. Racial Cade Served this Month Served m Date Roan'Cede Served this Month .Served to Date White(1I)- S American batIan or Alaskan Nativeand White(16) 0 Atrin Americ n(17)' D ASianend white:(17) 0 ca Asian(13) D African Amnrkan end White(1P) 0 American Indian Or Alaskan Native(14) 0 American Irdbn)Alaskan Native and African American(15) 0 Native Hawaiian Pacific Islander(15) 0 Other rduln-rarlal(20) 0 3une Year: Summary.of Ail Beneficiaries by Race(reported for Fair Housing.and E0 purposes).Race Is determined by head of household. Raetar Code Served this Menth. Served to Date Racial Code Served thin Month Served to Date White(11} 0 American Indenter Alaskan Native and While(16) 0 African Ameian(12) 0 Asian and White(17) 0 Asian(13) 0 Afrian American end White(18) 0' Anklm r nlndian o Alaskan Native(14) 0 AmericanlydiavAtookan Native and Afrtan.American(I4) 0 e Native Hawaiian Pacific Islander(15) 0 er Mutlk-racial(70) 0 Asy Veer 0115 Summary of All Beneficiaries by Race(reported for Fair Housing and CO purposes).Race Is determined by head of household. 1 m Reeler Cede Served this Month - Served to Data Racial Cada Served this Month Served to Date Willie(11) Ii American Indian or Native and WhIne(16) C Afimn American(12) 0 Asian and White(17) 0 Asian a (13) 0 AfrinAmerican and White:(18) p American UVllan tar Alaskan Native(14). C AmericanIndian/Alaskan Native and African American(191 0 Native Hawaiian Pacific Islander(15) 0 Other.laireProcial(20) _ 0 August Year: Summary of All Beneficiaries by Reee(reported for Fair Housing end SO purposes).Race Is determined by head of household. Ranier Code served this Month Served to Date Reoial Cede Served.this Month Served to Date White(1I) 0 American Indian or Alaskan Native and White(16) 0 African American(17) 0 Asian and White(17) - 0 A51.(13) 0 African Amcncanand White(18). 0 A vm ln Indian or Alaskan Native(14) C Amnri can.Indian/Alaskan Native e and African American(19} C Native Hawaiian Pacific Slander(15) 0 r OtheMUlll-racial 120) 0 September Year: Summary of All Beneficiaries by Race(reported for Fair.Housing and ED purposes).Root is detarminod by head of household. Rualei Cede Served thin Month served to Dab Reefed Code Served this Month Servad to Date White(11) 0 Amerman 7ndlan or Alaskan Nadve and WIMP(16) 0 African American(12) 0 Aslant).White(17) 0 Asian(13) '0 African A ericanatd White(18) 0 American Indian or Alaskan Native(14) 5A indlan/Ateska it Native am African American(14) D Nation Hawaiian P ctnc Isialder(15) 0 Drier Atari-racial(20) 0 OcmDer Year. Summary of All Beneficiaries by Race(reported for Fair Housing and E0 purposes).Race Is determined by head of household. Racial Code Served this Month Served to Date Raoidi Cede corned this'Mantb. Served to Dote White(al) ti American Dalian or Aaskan Native and White(16) 0 Afrian American.(12) 0 Asian/tad Whit_(17) 0 /Al (13) O African rd While(It) 0 American Indian or Alaskan:Nabte(14) 0 Ametkan Indian/Alaskan Native and African American(19) 0, Native d Hawaiian'Pacific islander(15) 0 Other MNO-raclal(20) 0 November Year. Summary of All Beneficiaries by Race(reported for Fair Housing and£0 purposes).Rate Is determined by head of household. I Radial Code Served this Month. Served to Dote )Racial Code Defeat/tnlnMOnth Served to Dote Vthlte(13) 0 American Indian or Aia5kn Native And:White(16) 0 African Amerce.(17) 9 Asian and Willie(17) 0 ASian(17) - - R African Ammlvanard Wavle(I8) 0 American Indian or Alaskan Native..(14) C,smeriean adlalVAiasknn Native and African American(14k 0 Native Hawaiian Pad6c islander(15) _ 0 Other Pitnn-redai(20) 0 Deceorber Year Summary of All Beneficiaries.by Race(reported for Fair Housing and SO purposes).Raoe is determined by head of household. Racial Code _ Served thin Month Starved to Dab Igeoiet Code Served this Month :Served to Date I i idy White(111 Dlismerian Wan or Alaskan Native and WOW(16) 0 DRDR Alaimo American(12) D Asian and White(Cl) 1 ;0 Asian(13) 0 African Amarrcan arid White(is) ) 0 Amerian Indian o Alaskan Nance(14) 0 American lydWNAleskan Nabve:and African Amerk'an(19)1 0 liar Native liewailan Pacific islander(15) 9 Otherl9Wd-eclat(70) 1 0, Packet Page -1458- 5/27/2014 16.D.16. D-4 Contractor information for Section 3 and MBE,Subrecipient Monthly Report (9)Conked Period Q7)Convactar promrement[omplraMe Che[k61 ]Prime 1815u6ronvactor X11}Amountor 1(111 type of Sods Contra:torinformatbn 6 Cnnvacto, (}n IDC or Sudcontnaor O Contractor:IS Lonvart/ (13) ( } (a)Stan Dale �h)Fnd Date Racial EUmsII- (1315etlion? 11 W8 l5 Sana!I 161 Wvia Bacon See Alghs) Suhmnuart !See Right) (YJN� I( } Ek(YfH) Business/0) rdN) 7)(See Right) Name Street City State&Sp Code Name Street Cry f State&Sp Code Name Street City State&/to Code (51 When mhcomrarhuIDa used.Ofonnaoon f I)Typed Trade Caen 725 Racolfihnr Codes Demos 9 through lb mus:'elect the 1=New Coasbclen(induaes Pausing rehab water,and 1=Whip AmNC'an ✓semi/actofinbrmatm,rblthe Some sewer/ 2=Rack Mto en furs kfonnalron:aco inckide pone 2=Educa8oneroirmg J°Nakao Marian rmlastods ID number Other sepO,,prgessional sem His ces and other a= panic Amerces { ecladtserteer construcbon and MsrahnNaiSmgl 5=Asun?ackAmestan 6 e.Hasa jean 7=Diner Sayshore Gateway'I`riangle Area CRA DRI 08-i I Karen Drive,Drainage Improvements Page 38 of 43 • Packet Page -1459- 5/27/2014 16.D.16. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements,sign and date this form. Subrecipient Name Fiscal Year Period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. ❑ We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 39 of 43 Packet Page-1460- 5/27/2014 16.D.16. EXHIBIT "F" AIA G702-1992 Form Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 40 of 43 Packet Page -1461- 5/27/2014 16.D.16. A form significantly resembling the AIA document in this EXI-IIBIT shall be used for Contractor Payment and subsequent Subrecipient reimbursement 114: Document G702"— 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AlA Document 0702,Application and Certificate for Payment,is to he 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 Prior to using any AIA Contract Document,users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not he reproduced or excerpted from without the express written permission of the AIA.There is no implied permission to reproduce this document,nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AlA hereby grants the purchaser a limited license to reproduce a maximum Of ten copies of a completed 6702, hut only for use in connection with a particular project,The AIA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of ALA software.Licensed AlA software users should consult the End User License Agreement(EULA). To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel, copyright C@aia.org. COMPLETING THE G702 FORM After the Contractor has completed AlA Document 0703,Continuation Sheet,summary information should be transferred to AlA Document G702,Application and Certificate for Payment, The Contractor should sign G 702 have i g ave r notarized,and submit it.together with 0703,to the Architect. The Architect should review 0702 and G703 and,if they arc acceptable,complete the Architect's Certificate for Payment on G702. The Architect may certify a different amount than that applied for,pursuant to Sections 9.5 and 9.6 of A201.The Architect should then initial all figures on 6702 and G703 that have been changed to conform to the amount certified and attach an explanation.The completed G702 and 0703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on ALA Document G702, Application and Certificate for Payment.The completed form contains the name and address of the Contractor. Payment should not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting(i.e.,president,secretary,partner,etc.)and the authority under which they are executing the document. Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AIA Document G7O2Tm—1992.Copyright®1953,1963,1965,1971,1976,t983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorised reproduction or distribution of this Ale Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten (10)copies of this document when completed.To report copyright violations of AlA Contract Documents,e-mail The American Institute of Architects'legal counsel, copyright @aia.org. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 41 of 43 Packet Page -1462- 5/27/2014 16.D.16. . s s 14 Document G702' 1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution PERIOD TO: OWNER CONTRACT FOR: ARCHITECT I FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR i PROJECT NOS: t / FIELD OTHER CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the hest of the Contractor's knrnvledge.infonna6 Application is made fir(payment.as shown beltoc in connection with the Contract. and belief the Wort covered by this Application for Payment has been completed in accordat Continuation Sheet,UA Document 0703.is attached. with the Contract Documents,that all amounts have been paid by the Contractor fin Work which previous Certificates for Payment were issued and payments received from the Owner. 1.ORIGINAL CONTRACT SUM Mal current payment shown herein is now dire. 2.Net change by Change Orders CONTRACTOR; 3.CONTRACT SUM TO DATE(Line I±'_t Hr: Date: 4.TOTAL COMPLETED 8 STORED TO DATE(Colunm 0 on 07031 _ State of. 5.RETAINAGE: County of; a. tt of Completed Work Subscribed and sworn to before (Colmmm D+E on 0703) S nu this day of b. Sr of Stored Material 1Colnnm F on 07031 S Notary Public: My Commiasiou etpires: Total ketainafe(Lines Se+5h or Total in Column I of 0703i S 6.TOTAL EARNED LESS RETAINAGE ARCHITECT'S CERTIFICATE FOR PAYMENT (Lure 4 Less Line i Total) In accordance with the Contract Documents,based on on-site observations and the data compris 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT g this application,the Architect certifies to the Owner that to the best of the Architect's bowled inlormatinn and belief the Work has progressed as indicated, the quality of the Work is (Line 6 from prior Certificate) accordance with the Contract Documents, and the Contractor is entitled to payment of 8.CURRENT PAYMENT DUE AMOUNT CERIIFIFD. S.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED C (Line 3 less Line 6) y Irttlarft MI/and/inn if amount certified differs front the amount milk!.initial till Iinnre'.e on this rIltplirrninn taut on the Continuation Sheet that me elen,ecd to confirm!with the amount c'ertifr' CHANGE ORDER SUM NIARY 1 ADDITIONS I DEDUCTIONS ARCHITECT: Total change;approved in previous months by Owner l S S I3y: Dare: ITotai approved this Month ( TOTALS iS This Certificate is no:negotiable.The AMOUNT CERTIFIED is payable only to the Contract named herein.Issuance,payment and acceptance of payment are without prejudice to any rietm i NET CIIANGFS in CTtauee Order I S the Octner or Contractor under this Contract AIA Document G70241—1992.Copyright 0 1953,19(3,1979.1971,1979.1933 and 1992 by The American institute of Architects.All rights reserved.1771,17111116 Ir.. c. ,, ), �_ t i.. t ,■. ,<t.E I t,:..Purchasers are permitted to rop'cduee ton 11sj ropes of ibis decomma v.iren ccm4leteti To reparf copyright morafient of ALA Contract Documents,c-rnal Toe American tntti,u,e or Arcemects'regal counsel cogyrighfira ass cc Bayshore Gateway Triangle Area CRA DRT OR-11 Karen Drive,Drainage Improvements Page 42 of 43 Packet Page -1463- 5/27/2014 16.D.16. CONTINUATION SHEET ,AI:A DOCUMENT G703 Ilnstrucrices on reverse side) PAGE Ot PAGES ALA Document G 702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO.: conrining Contractors signed Certification,is attached. APPLICATION DATE: In tabulations below,amounts ere sated to the nearest dollar. PERIOD TO: C[so Column I on Contract where variable rept,age for lire items nnar apply. ARCHITECT'S PROTECT NO.: R C I D E F I C H i 1 WORE COMPLETED � MATERIALS TOTAL ri PRES:NT1Y COMPLETED BALANCE ! RETAIN,4GE iTElf r r_ iCHEU LED FROM PREVIOUS " TO CRIPTIO\0:WORK STORE) :•1D STORED r 4:4RI. 4i \O. VALUE ( 01I\ TO DATE t R4TEi APPLICATION THIS PERIOD G_C' r'LCjSA (�� +El j 0 OR E; tD E,Fl IC-G, • � I i I !1 i i I � I i i � fif { i I , Fi i "` AR DOCUMENT an•CON1-1%0ON SHEET FOE:G ii?•152.EDITlO\•Al.; •'.::19.32•TOE AKERIC;S INTIT RTE OF fRCitnEC[E,MIS\='d'YORK !PAT,\.F., s_S!-c.;;roN,DC 200-2f,'?•YARNING:UnEcensed photoeopying violates US.copyright laws and will whiect the vitiator to 4ai pmsearlion. G703-1992 CAUTION:You should use an original AlA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced. Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Page 43 of 43 Packet Page -1464- 5/27/2014 16.D.16. Grant#10DB-D4-09-21-01-109 CFDA/CSFA# 14.228 Subrecipient—Bayshore Gateway Triangle community Redevelopment Agency DUNS #- 76997790 FETI # - 59-6000558 Fiscal Year End: 9/30 Monitor End: 11/2019 AGREEMENT BETWEEN COLLIER COUNTY AND Bayshore Gateway Triangle Community Redevelopment Agency Pinelancl Avenue, Stormwater Improvements THIS AGREEMENT is made and entered into this 27th day of May, 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "Collier County Community Redevelopment Agency — Bayshore Gateway Triangle Area (CRA)." a community redevelopment agency approved by the Board of Collier County Commissioners, having its principal office at 3570 Bayshore Drive, Unit 102 Naples, Florida 34112. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, storm mitigation, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreements with the Florida Department of Economic Opportunity (DEO) for grant #10DB-D4-09-21-01-K09 in the amount of $9,963,201.00 in Community Development Block Grant(CDBG) Disaster Recovery Initiative (DRI) Funds on May 25, 2010, Item No, 16.D.10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in Part "I" of this agreement, in accordance with the approved Disaster Recovery Initiative Subgrant Agreement, approved by the County; and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative Grant Program as a valid and worthwhile County purpose NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 1 of 43 Packet Page -1465- ,"� 5/27/2014 16.D.16. PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the DR1 program, will make available DRI funds up to the gross amount of $56,560.00 to the Bayshore CRA to fund construction of Stormwater Improvements. 1.1 SPECIAL GRANT CONDITIONS A. Within 30 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the environmental review and infrastructure construction. B. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. C. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action/Equal Opportunity Policy 4. Conflict of Interest Policy 5. Residential Anti-displacement and Relocation Policy 6. Sexual Harassment Policy 7. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) 8. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 1.2 PROJECT DETAILS A. Project Description Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 2 of 43 Packet Page-1466- �'4 5/27/2014 16.D.16. Improvements I Federal Funds Project Component 1: The construction cost and costs of permits $51,668.00 necessary to make stormu'ater improvements in the Pineland Ave. area located in Naples, Florida. Project Component 2: The cost of the HUD required Environmental $1,225.00 Assessment. Project Component 3: The cost of Construction Engineering Inspections $3,667.00 (CEI)Services Total: $56,560.00 The detailed project scope will be contained in the schedule of values awarded in the projects construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction the associated construction agreement will prevail for reimbursement. The project will accomplish the installation of an estimated 264 linear feet of storm piping and the associated materials: Project Tasks 1. Maintain documentation on LMI Area served in compliance with 24CFR 85.42 2. Provide monthly reports on progress and national objectives 3. Provide Environmental Review Assessment 4. Provide Site Design and Specifications 5. Prepare Bid Specifications and Engineer's Cost Estimate 6. Obtain Sealed Bids and provide procurement documentation 7. Provide Certified Payroll and Interview Forms on a weekly basis 8. Submit invoices to HHVS for environmental, engineering inspections and construction B. National Objective The grant funds awarded to the Bayshore CRA will benefit at least 51% Low to Moderate Income Households. As such the Subrecipient shall be responsible for ensuring that at least 51% percent of the beneficiaries meet the definition of Area Benefit Activities at 24 CFR 570.208(a)(1). C. Project Outcome The project will construct and install approximately 264 linear feet of storm piping and associated materials. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 3 of 43 Packet Page -1467- 5/27/2014 16.D.16. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Prior to the disbursement of (Section 1.1) agreement funds Insurance Insurance Certificate Annually within 30 days of renewal Detailed Project Schedule Project Schedule Within 30 days of Agreement Execution Project Plans And Specifications Engineer Site Plans Prior to Invitation to Bid Invitation to Bid Sealed Bid Documents Prior to Invitation to Bid Submission of Progress Report Exhibit D Monthly and Annually thereafter until 11/2019 Financial and Compliance Audit Exhibit E Annually 180 days after FY end Continued Use Certification Continued Use Affidavit Annually until 2019 E. Payment Schedule Payment Deliverable Payment Schedule Submission Schedule Project Component 1: The • Construction: Submission of • Monthly construction costs and costs supporting documents must be of permits necessary to provided as back up as make stormwater evidenced by, but not limited improvements in the to, signed AIA G702-1992 • Pineland Ave. area located form (attached as Exhibit "G") in Naples, Florida. or equivalent document accompanied by the contractor's Schedule of Values, proof of payment and associated photos. Exhibits "B" and"C" if applicable. • 10% Retainage will be withheld • Submit request with each request for payment after final close and will be released upon out monitoring completion of activities and clearance final close out monitoring Project Component 2: The • Environmental Assessment • Pending: HHVS cost of the HUD required document, proposal, invoice, Consultant Environmental Assessment Proof of Payment and Exhibit`B review and for Pineland Avenue DEO approval Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 4 of 43 Packet Page-1468- 0 5/27/2014 16.D.16. Project Component 3: The • Detailed time sheets • Throughout the Cost of Construction documenting all of the specific Project Engineering Inspections employee(s) activities for each (CEI) Services. week that includes CEI inspections for this project and the associated activity log(s). • Proof of payment and the Exhibit "B". 1.3 TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the effective date of Modification #9 of DRI Subgrant Agreement #10DB-D4-09-21-0l-K09 and end prior to the end date of the same agreement, as extended by modification to the DRI Sub grant Agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Fifty Six Thousand Five Hundred Sixty Dollars and No Cents ($56,560.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with Board approval. All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 5 of 43 Packet Page -1469- 5/27/2014 16.D.16. pursuant to the submittal of monthly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall he 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 arc due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non-Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Lisaoien@colliergov.net Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stonnwater Improvements Page 6 of 43 Packet Page -1470- 0 5/27/2014 16.D.16. 239-252-6141 SUBRECIPIENT ATTENTION: Ashley Caserta, Project Manager Bayshore Gateway Triangle Area CRA 3570 Bayshore Drive,Unit 102 Naples, Fl. 34112 ashleycaserta @.colliergov.net 239-643-1115 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA By: TOM HENNING, CHAIRMAN COLLIER COUNTY COMMUNITY Dated: REDEVELOPMENT AGENCY BAYSHORE (SEAL) GATEWAY TRIANGLE CRA By: Donna Fiala, Chairman Collier County Community Redevelopment Agency :fi Ge T E. r., Approved as to form and legality: Jennifer A. Belpedio - "Lk. Assistant County Attorney �,. \Cr, Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 7 of 43 Packet Page-1471- 5/27/2014 16.D.16. PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by CDBG regulations B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would he required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for six (6) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the six (6) year period, the records will be maintained until all litigation, claim or Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 8 of 43 Packet Page -1472- 90 5/27/2014 16.D.16. 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 SUBRECIP1ENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under IIUD Income Guidelines. For Area Benefit activities, the SUBRECIPIENT will maintain documentation on the low-to-moderate benefit to the area by census tracts served. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—StormvaterImprovements Page 9 of 43 Packet Page -1473- 5/27/2014 16.D.16. 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 Hl-VS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY; contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the IIUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY'S internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No, 2013-228, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by recipients, subrecipients, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit, o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of five percent (5%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity may be considered in violation of Resolution 2013-228 Bayshorc Gateway Triangle Area CRA DRI 08-12 Pincland—Stormwater Improvements Page 10 of 43 Packet Page -1474- �'� 5/27/2014 16.D.16. 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail; the Department may require a portion of the awarded grant amount be returned to the Department. c The Department may require upwards of ten percent (10%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity will be considered in violation of Resolution 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant,the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. o The entity will be considered in violation of Resolution 2013-228 If in the case the Entity has multiple agreements with the Department and is Found to be non- compliant, the above sanctions may be imposed across all awards at the County's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit monthly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D-1". Exhibit "D-1" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 11 of 43 Packet Page-1475- 5/27/2014 16.D.16. PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule RRayshore Gateway Triangle Area CRA DRI 08-I2 Pineland—Stormwater Improvements Page 12 of 43 Packet Page -1476- j) 5/27/2014 16.D.16. of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may subject to CDBG regulations, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. Bayshore Gateway Triangle Area CRA DRt 08-12 Pineland-Stormwater Improvements Page 13 of 43 Packet Page -1477- 5/27/2014 16.D.16. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO), AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Argreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and Bayshorc Gateway Triangle Area CRA DRl 08-12 Pineland—Stormwater Improvements Page 14 of 43 Packet Page-1478- 5/27/2014 16.D.16. G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement: D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. 13ayshore Gateway Triangle Area CRA DRl 08-12 Pineland—Stormwater Improvements Page 15 of 43 Packet Page -1479- ��' 5/27/2014 16.D.16. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of the Collier County Purchasing Policy Purchasing Threshold Policy Dollar Range (5) Quotes Under $3K 1 Written Quote Above $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) 1 3.13 PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment; program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 16 of 43 Packet Page -1480- "r�` 5/27/2014 16.D.16. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must he low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 17 of 43 Packet Page-1481- 5/27/2014 16.D.16. provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 18 of 43 Packet Page -1482- 5/27/2014 16.D.16. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof, REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 19 of 43 (ci.., Packet Page -1483- -' 5/27/2014 16.D.16. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.eornelledu/cfritext124/pari-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.t_,ov/cgi-binitext- icl x?c=ecfi&tpl=!ecfrbrowse`Title24/24cf 58 main 02.tp1 4.3 Section l 04(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended hap:/ octal.hud.( ov/hud lortalli-1UD?src=hroeram offices/fair housing canal on 1/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. httn://www.hud.uov/offices/fi-ieollibrary/huddoistatement.pdf E.O. 11063 —Equal Opportunity in Housing http://portal.hud.gov/hudportal'HUD'src=/nro<gram offices/fair housine equal opp/FH Laws/EXO 1 106 3 E.O. 11259 -Leadership & Coordination of Fair Housing in Federal Programs http:/!www.archiv es.«ov/federal-reejsler/codification/executit'e-order/12259.html 24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornelteduiefr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http /iportai.l?ud uov/hudnortral/1-11.tD'src=/nrouran; offices/fair housinc equal onn/pros desc/titie8 4.6 24 CFR 570.601 Subpart Ii - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. htth://www.<2no.,,ov fdsys:,:nk ,'C'l h.-2007-titie24-vo13/pdf/CH;.-2007-title24-vo13- sec570-6 02.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 1137.5 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.ccoc.f2ov/eeoc/historv/35th/theiawleo-11246.html EO 11375 and 12086: see item #8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972. 42 USC § 2000e, et. seq. The SUBRECIPIEN?T will, in all solicitations or Bayshore Gateway Triangle Area CRA 01/i Of-12 Pineland—Storrmvater Improvements Page 20 of 43 Packet Page -1484- 5/27/2014 16.D.16. advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. h tin://w-v eeoc.gov'1aws'stattnest-6tlevii.Cfm �.9 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 2/1 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 SUBRECI.PIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these `Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located: where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. Bayshorc Gateway Triangle Area CRP. DRI 05-12 Pineland—Storrmvater Improvements Page 21 of 43 Packet Page-1485- 5/27/2014 16.D.16. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. htth:/www.ecai.covlcei- bintext-idx?c=fecfr&tpl /eclrbrowse Title 24'24cill35 main 02.11)1 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http:/`www.dot.uov/oasamitegs;;statutes/aue act.htm 11063:httn://portal.hud.gov/hudportal/HUD?sre—iprogram offices/fair housing equal o pp1F1-ILaws/EX01106 3 11246: httn:r/www.eeoc.eov/eeocf history/35th/thelaw/eo-11246.htrnl 11375: Amended by EO 11 478 11478: httn://wwta°.archi yes.<lov!Cctlenil--eeistcricodification/ex ecutive-order;I 1478.htmi 12107: http://www.archives.g]o1/federal-regrister!codiiication!executir e-order/12107.html 12086: ht p://www.archives.eov/federal-rceister/codification%executive-order'12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. httn://usaccenginecrinupamnlcts2.tpub.com/EP-ll80-1-1/I P-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973. 29 USC 776(b) (5). 24 CFR 570.614 Subpart K. Section 504: http://www.cpa.goviciviirights/sec504.htm 29 USC 776: htttl://l aw.onecle.com/uscode/29/776.html 24 CFR 570.614: http:/h',-wvv.law.cornell.edu/cfrltext/24'570.614 4.13 The Americans with Disabilities Act of 1990 httn:/'www.fhw a.dot.eov/realcstate'ua'indcx.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.tilwa.dot.eov/realestate/ua!index..htm 4.15 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in whole or in part byLoans or Grants from the United States- httn://www.law.corncli.cduicfr/text/29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text l ayshore Gateway"Triangle Area CRA DRl O8-12 Pineland—Storrmvater Improvements Page 22 of 43 Packet Page -1486- 5/27/2014 16.D.16. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. in tnj w w,p r es idenev.uesl cdui 1 sl_ndex rnp= nt-2>6 '. 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45: No reference found 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting, opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: httn://www.gpo.<_rov/]dsys/pk,(/CFR-2010-utle24-vol3 ndf,-'CFk-2010- ti tle24-vol3-sec570-608.pdi" E.O. 13279: http://feduovcontracts.comine02-192.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. http:/'ti x't':w.ncbi.nlm.nih.00v/pubmed'12289709 4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: littn://www.law.corrvAl.cduicfritet.:24/part-84 * Subpart A —General; • Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C—Post Award Requirements, except for: o Section 84.22. Payment Requirements- Grantees shall follow the standards of 8520(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 he program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and Baysiiore.Gateway Triangle Area CRA DPI 06-12 Pineiand—Stonnwater Improvements Pate 23 of 43 Packet Page -1487- 5/27/2014 16.0.16. ✓ Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall he retained after compensating the recipient; o Section 84.51(h). (c). (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: ▪ The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be six years; and ▪ The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520. in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and * Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. http:/i vww.ecir.gov/cui-binitext- idx?c—ecfr� tpl- ecfrbro\vseTitle24'24cfr85 main 02.tnl 4.21 Immigration Reform and Control Act of 1986 httn:!/v vwv v.eeoc.eovl eeoc/h.istorvi35th/thetava•/irca.html 4.22 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,_ as amended, and County Administrative Procedure 5311. Florida Statutes- http://v,1yvt..lawserver.com!law/state.Florida/statutes/flo7iaa statutes chapter 112 part iii Collier County- — — -------- ------- _-- � http://becsp01/SiteD Directory/ASD/HJi/labor/CM ts`Sharcc 20Docurnents/CM:'N:205 3I .1.1 %'<,2OStandards°420op ,20Conduct.pdf 4.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by. application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. fRayshore Gateway Triangle Area CRA OR] 08-12 Pine land—StonnwaterInmprovements Page 24 of 43 Packet Page -1488- 5/27/2014 16.D.16. 4.24 Venue-Any suit of action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County. FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall he 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. hun://www.fisenate.goviaws/Staintes./2010"44.107 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. hap:7w w.law.co mell.edu'uscocte/text`42i7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. litter`www.1au-u.corncll.eduluscode/te t'3 /chanter-26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http:'yv u.la,cornell.edu'uscode'text'727401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://vs-ww.law.corncli.edu.luscocie/texi/33/chapter-26 4.27 In accordance with the requirements of the FIood 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. httn:'uvvvw.ec)1'.e°v cei-bin/t'ext- i :t ,.cfrc S1(?—_H 40bdl>52S22dM`l2 7 , rl:i>c.,d5h0b56Lron -clivS.S.: is,. tnIA:::.todJ=_ 4:3.113.4.I 1.1 .6kictno=24 4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Bayyshore Gateway i rianole Area CI A DRI 08-12 Pineland—Stormwater Improvements Page 25 of 43 Packet Page-1489- 5/27/2014 16.D.16. Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. httn://www.ccfr.#:rov/c<"'i-bin/text- id3?c=ccf' SID=eba40bdb52822d8 0827a48bced5b0b56&rt. n=di\'8<` vie\;, teKt&node=2 1.1.9 icino=24 4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (]6 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://w\vw.nps.eov/historv/loca1_la\\iia 1966.htm hnp://www.ecfr.gov/cgi-bin/texi- idx?c ecfrktp1=/ecfrbrowse/Title36 36cfr800 main 02.1p1 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nns.uov/history/local-lawiirlrpal966.htni 4.30 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). httn:Gus-eode.vlex.com/vid/drue-trec-workplace-requirements-contractors-1 9242870 4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. http:/'n vw.ecfr.00v/e{ni-binhext- idOc= cfr :SID=eba40bdb52822d80827a48beed5bOb56&:ILia=dig& icn-k=t Xt&110de 4.3.1.1.3.4.11.1.10&idno-24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments. and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-] 10 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements Baysiiorc Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwatcr Improvements Page 26 of 43 Packet Page -1490- 5/27/2014 16.D.16. OMB Circular A87: http://www.whitehouse.goviomb/circulars aW17 200 .! OMB Circular Al 02:httn:/lww w.v w'hitehouse.eov/onlb!citculars a)02'' OMB Circular A21:http://wv-w;w.whitchouse.eovlombieircalars a021 2004` OMB Circular Al IO:http //'wvwy wvhitchous cov/omhicilcuiars a 1 1 0/ OMB Circular A122: httn '/vv ww.w'hitehousc arovionlb/circulars al 22 2004 4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 0MB 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. Olin w'un\V'hllc.hOUSC. roV/Orri ielrcula:S a3 con3ph'm supplement 2,011 Clarification of Eligible Audit Costs The Amendment to 92.206(4)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. i�ttp://www.law.cornel 1.eduictrItex t/24/92.206 4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of$25,000. must adhere to the CDBG Regulations at 24 CFR 570.505. httn://www.fliwa.dot.govirealestateluajindex.htm http://www.law.corneltedulcfritext/49124.101 ht.tl //cfr.vlex.conU id'570-505-use-real-oron rtv-190-)8754 4.35 As provided in § 287.133. Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it. its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a). Florida Statutes. imp://www.lawserver.comtiavvistate/florida/sunuteslioricia statutes 287-13'3 4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding, of any Federal contract, the making of any Federal grant, the making of any Federal loan. the entering Bayshore Gateway Triangle Area CRA DRI 08-12 Pinclanri—Stormwatcr Improvements Page 27 of 43 Packet Page -1491- 5/27/2014 16.D.16. into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.38 Any rule or regulation determined to be applicable by HUD. 4.39 Florida Statutes 713.20, Part 1. Construction Liens http:/%www-1e .state-fl us/Statute;/indez,.efn."Anp mode°=Dipplav Statute. URI,'--0700- 0799/0713/071 3.html 4A0 Florida Statutes 119.021 Records Retention littn://www.lawserver.comlawistatc/ilorida/statutes/florida statutes 119-021 4.41 The Disaster Recovery Initiative Agreement#1 ODB-D4-09-21-01-h09 between Collier County and the Florida Department of Economic Opportunity by reference are incorporated into this agreement. J:Grants/DRI 2008 TS Fay (K Grant)/Agreements/DCA DRI 2008 original grant agreement executed.pdf 4.42 Florida Statutes, 119.071, Contracts and Public Records hun://www.leg.statc.fi.us/Statutes/index.cfm?Aop m` nrip mode--Disiilav Statute&?'RL,=0100- 01 99/0119/Sections/01 19.07.html I3ayshore Gatevvar"triangle Area CRA DRI OS-12 Pineland--Stormwater Improvements Page 28 of 43 Packet Page -1492- _ ` 5/27/2014 16.D.16. PART V DISASTER RECOVERY WAIVERS "Waivers and Alternative Requirements for Grants Under the Supplemental Appropriations Act,2008" (Federal Register/Vol. 74,No.29/Friday,February 13, 2009/Notices[FR-5256—N-01]). Relevant Waivers including, but not limited to: 5.1 Overall benefit waiver and alternative requirement. (2) 5.2 Citizen participation waiver and alternative requirement. (5) 5.3 Modification requirement for consultation with local governments. (6) 5.4 Duplication of benefits. (10) 5.5 Waiver and alternative requirement for distribution to CDBG metropolitan cities and urban counties. (11) 5.6 Program income alternative requirement. (12) 5.7 Note that use of grant funds must relate to the purposes of the Second 2008 Act. (13) 5.8 Waiver of performance report and alternative requirement. (14) 5.9 Recordkeeping. (16) 5.10 Change of use of real property. (17) 5.11 Housing-related eligibility waivers. (19) 5.12 One-for-one replacement of units damaged by disaster. (21) 5.13 Flood Buyouts. (22) PART VI EXHIBITS Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 29 of 43 � Packet Page -1493- � 5/27/2014 16.D.16. 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: i. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000.000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5, Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 30 of 43 Packet Page -1494- 5/27/2014 16.D.16. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood. Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 31 of 43 Packet Page-1495- 5/27/2014 16.D.16. EXHIBIT"B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Bayshore Gateway Triangle CRA Sub recipient Address: 3570 Bayshore Drive,Unit 102 Naples,Fl. 34112 Project Name: Pineland,Stormwater Improvements Project No: DRI 08-12 Payment Request II Date: Dollar Amount Requested: $ 56,560.00 Period of Availability: effective date of DRlgrant#14DB-D4-09-21-01-K09 Mod#9-12/21/2014 or as modified Period for which Agency has incurred indebtedness: lhrouah SECTION II: STATUS OF FUNDS, 1. Grant Amount Awarded $ $56,560.00 2. Sum of Past Claims Paid on this Account 3, Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account S 4, Amount of Previous Unpaid Requests $ 5. Amount of Today's Request 6. 10%Retainage Withheld 7. Payment amount for this request 8. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all requests,including retainage) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us.To the best of my knowledge and belief,all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director _ (approval required$15,000 and above) Bayshore Gateway Triangle Area CRA DR1 08-12 Pineland—Stormwater Improvements Page 32 of 43 Packet Page -1496- 5/27/2014 16.D.16. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 —Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's Request for Payment. Bayshore Gateway Triangle CRA Witness: BY: BY: ITS: Project Manager DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 . by as of _ A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or lfunicrpality He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland Stormwatcr improvements Page 33 of 43 Packet Page -1497- 5/27/2014 16.D.16. EXHIBIT "1)" Exhibit"D" contains four (4) monthly reporting forms Bayshore Gateway Triangle Area CRA DRI 08-12 Pincland—Stormwatcr Improvements Pane 34 of 43 tG. Packet Page -1498- _ ! 5/27/2014 16.D.16. D-1 CDBG/DISASTER RECOVERY MONTHLY PROGRESS REPORT Complete form for the current month and submit to Housing &Human Service's staff by the 26`" of each month. Status Report for Month of Submittal Date: Project Name Karen Drive Project Number: DRI 08-11 Activity Number: 03i-flood and drain, 218-engineering Subrecipient: Bayshore Gateway Triangle CRA Contact Person Ashley Caserta Telephone: 1 E-mail: A. hies' a'crta'r co!ii ,t T}S.nct 1. Activity Status/Milestones(describe any action taken, relating to this project, during the month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. Bayshore Gateway Triangle Area CRA DRI OS-12 Oineland—Stormwater Improvements Page 35 of 43 Packet Page -1499- `' 5/27/2014 16.D.16. I D-2 1 Accomplishments and Benificiaries Monthly Reports ! 1 Subrecipient: Bayshore Gateway Triangle CRA Accomplishments Total Units Projected Units C ompleted/ i 2300 LF storm piping and January February March April associated materials Document dates H I May June July August — I— September October November December i I TOTAL: Beneficiaries Total Beneficiaries Projected Beneficiari 1 es Completed/Month Number of beneficiaries January February March April LMI Area LMI Please list the total LMI TOTAL beneficiaries for each month in May June July August the top box. I LMI While listing the total amount ' TOTAL of beneficiaries in the lower box September October November December LMI TOTAL LMI TOTAL: *LMI Low to Moderate Income Persons Households Total Households Projected Households Served Month 1 Number of Households f January February March April May June Jul y August ISubrecipient Signature: September October November December I DATE: i TOTAL Bayshore Gateway Triangle Area CRA DRI 08-12 l'ineland—Stormwater Improvements Page 36 of 43 Packet Page -1500 ' ' 5/27/2014 16.D.16. 0.3 Summary el All Benel'cranes by lute Monthly Report Januar Year: Summa of Ail Be neficferies b Race ro•orted for Fair H slit and EO►•a•aato�. sessesafttaa Race ,�.is determined b head of household, Rectal Cede 6ervad''1'.M.1.''' iita��l=kla 131111 lktiL.lr,.�.. Served Mrs Month Served to Date Whit" 11) 0Amen®n Indian or Alaskan Native.and Whnc 16 111.1111111111M 0� iAlacan American(121 U 0, Allan 131 0 African Amerlan and Wlllly I8 111111111111111.11111 0 'American Indian or Alaskan Native 19 0 Alnenran belies/Alaskan Hatve and African American 119 n 0 1Nawwry Year ISUmmery of All Beneficiaries by.Race(reported for Fair Housing.and EO purposes).Race is determined by head of household. 'Racial Code Served this Month Served to Date Raolel Code Served this Month' Served to Date 'White(11) O American Indiana(Alaskan Native and Whnc.(16) 0 l AA lean American(12) 0 Allan end Wynn(17) Oi Mae(13) 0 African American and te(10) 0 American Indian or Alaskan Naive(14) 0 Alnerlan Man/Alaskan Halve and African Amenoan(19) 0 {Native.'Hawaiian Pacific Islander(15) 0 Outer llMlibraclal 120) ill March Year: Summary of All Benefloiariesby Raoe(reported for Fair Housing.and EO purposes).Race Is determined by head of household. Roaial Cede Se rued this Month Served to Date Reelel Lode Served this Month Served to Data Wisto(II) 0 Automat)Indian or Native and White(161 AI Aide.American(121 0 Asian and While 117) 0 Asian(13) 0 AlriconArnencan and White(18) 0' American Indian of Artesian Native(14) 0 American Indian/Alaskan Native and.African American(191 0 liable rlawallan racily Islander(15) 0Otherhiulh-raelal(20) { OI Arrli Year'. Somme r of All:Beneficiaries'b Race re•orted for Fair Housin•and EO•ut poses.Race is determined by head.of household. Raoral Code Served this Month Served to Date (Racial Code ,Served this Merlin Served to Date .White(1.1) O American Indian or Alaskan.Nabve and White(161 of Aldan American(121 0 Asian and Wilde:(17) l Allan(13) 0 African Amerman and White(181 American Indian or Alaskan Native(19) 0 American Indlea/Alaskan N and AN loan American(19) ) 01 Native Hawaiian Islander(15) 0� ative Other Multi-rectal(20) 0I hlny tear: !Summary of All Beneficiaries by Roes(reported for Fair Housing and EO purposes).Race is determined by head of household. Rantafcoda Served this Month lved to Date Racial Code ''Served this Month r Served to Date While(11) 0 Americanlndian or Alaskan Native and While(16) 0] African Amerimn.((2) 0ASlen and White(17) °1i'i Asian(13) 0 African American and Wrote(181 American Indian or Alaskan Native 119) 0 American Inman/Alaskan Native and la African American( 01 [Native Hawaiian Pacific Islander(15) 0 Other Multiracial(20) 0 Iona Year: Summary of.All Beneficiaries by Race(reported for Fair Housing and DO purposes).Rime is determined lay head of household. 1 Racial Code served this.Month Served to Dale Racial Code Sawed this Month Served to Date White(11) OAmerlanbdlan Or Alaskan Native and White'{]6) 0: Anican American(12) 0 Asian and White(12) 01 !Asian(13) 0 African Aeledanan.Wratc(181 Or 'American andan or Alaskan Native(14) 0 American.Indiaalaiaskan.Nativve ard.African American(19) Pi 'Native rlawallan Pacific Islander(15) - 1 0)Omel tlultl-racial(20) 0l my Year: )Summary of All Beneficiaries by Race(reported for.Fair Housing and EO purposes).Re oe is determined by head of household. naalel Cade Served this Month Served to Data Racial Code served this Month Served to Date l f Whie(11) 0AmericanInianorAlaskanNat iveand WI-1;W(16) BI African American(12) 0 Asian and White(17) I 0 Asian(13) 0 ArrICan Amonan andWNCe(18) 0. Ameriart Indian or Alaskan Naive(19) 0 Amnnan lndlan/Alaskanr(aove and African American(19) Ill Naive Hawaiian',odic Islander(I5) I I 0 Omer 111110-110511(20) i 01 Au,. Year 1SUrlmaty of All Benefiolanes by Race(reported for Fair Housing and DO purposes).Race Is determined by head of household. I l Racial Code Sowed:this Month Solved In Data (Racial Cotlo Served this Month Served'.Data 'Whit*(11) 11 American Indian or Alaskan Native and W nite(16; al African American(12) 0 Asian and While(17) 0I Asian(13) O African American and W hIte.(181 I t)'American Indian or Alaskan salve(a9) 01Aemmn Indian/Alaskan Halve and African.Amerlcun(29)4 I i1 !Native Hawaiian Pannclslanaer(15) O)Oher Multi-racial(20) I 01 September Year I Summary of All Benefialaries b i Race(re.orted for Fair Housin:end EO urr oses).Race is determined by head of household. a �1� i �� I Racial Dodo -�•a - �ii'ia'f'i"iaaiaVttaa111113 i:{1'i:IJi 1 lOhIre 111 1111.111.11111111111.11I Ifi— 01 African American 12'i 0. lnkan(13 - (Il American Indian or Alaskan Native Ins 01 Native Hawaiian Pacific Islander(15 0 Other Multi-racial(20 If October Year: !Summa of All Beneficiaries b Race r cited for Fair.Housing and EO•ur•eses`..Race Is.determined in I.head of household. l Raolol Code I I hewed this Month :served to Data White(111 0'Amencan Indian or Alaskan lJauve and Whir.(16 0'i e' Asian 13 AdIMMIIIMINIIMI O. American Indian or Alaskan laabve 1141 1— 0. I IMMEIMMENIMEN 0 Other Mum-racial 20 0" November Year Sumetare of All Beneficiaries by Race(reported for Fair Housin a and EO purposos).Race is determined by head of household. I Roaial Ceee Served to Date Racial Dodo I Served this Month I Served to Data 1 VJHIb_(II) hl Amen can Indian or Alaskan Native and White 161 Ol {African American(12) 0 IL 0 Native n Indian of Alaskan Nati 141 ' Native flavvniian Pacific Islander(15 MIIMIIIIIIIIIIIIIIIIIIIIIIEMIIIIIIIIMMIMIO Other Plulir racial 20 ill December Yea•' ISummo of All Beneficiaries b Race re•oiled for Fair.Housin:and EO cur.ores:Race is determined b head of household. Racial Code Sailed this Month Salved to Dal. 1 I3al,' 0. DRAlriran American(12 0 Asian and Mee(12 DR Asian 13 0 Arian American and Whle 18) Cii IAmnrlan Indian m Alaskan Nall,(14) ` 1 0 AMerlan lydiaNAlaskan Native and African Arnerian(19)1 I 01 1111it?Native Hawaiian Islander(15) l y Monier MUlti-raclal(20) , 0) Packet Page -1501- - 5/27/2014 16.D.16. D-4 Contractor information for Section 3 and MBE,Subrecipient Monthly Report 19)Contract Aeriod (1)Prime 18'rSubrentrattor (111 Amount of 111)type ofTradei litl Contraaar NrotvrtmentComoSante Checkist Contra<toriniarmriar. (6)Conuutor ICU for Subcontractor contract ConeattortOA (a)Start date 11�' (II)Seclnn3 i (16)6ma11 116J Davis eaten N'M) ibj End Date SubtonUatl /lariat Ethnic It. {1A)WAEa IV(N) e Iseaa�nt! 71(Seesital i I1N1 eu9nest(VII+i n1�1 ', Name I I I Suter III 1i° wale&iipCode I. Nam, Street ' I I (try ( ! Starr Et4Code I i I i frame Suer alv Stale&Lo Code I r k6)Wren sureoutracfor1D a used,Mlwmahos III/Type of Tram c0000 12)kadatElmo Coops Ire column S lnrough 16 rnii 100 toe f=New CnnsWCbon Iroaricslwusuorehoo,wares,are i=Wrlr American Isuottnoactor»hrnalon,no!!he pup,: ∎ setter,. 2.Deck Amercan ICot52Cmla u+brrna0nn Asa NnWOa prime 2=HmCabosrubatp 3=Nem MMreart ImlIrxbYS ID numb r ; 7=OUxv(mUuoes suppry,Droressoaalserven and 01lxr 3=h4spanicAmenca, fens extent Cnnr2u-too and eauca!ond/Jana AwNPaceeAmercan 1 ,=haste Jews 7=Other 13ayshore Gateway Triangle Area CRA DRl 08-12 Pineland—StormwaterImprovements Page 38 of 43 Packet Page -1502- 5/27/2014 16.D.16. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT. OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Fiscal Year p Ending Sept. 30, 2014 Name Bayshore Gateway Triangle Area CRA Period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A-133 because we: i I ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above I � ❑ Are a for-profit organization ❑ Are exempt for other reasons —explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature ; Date Print Name and Title Bayshore Gateway Triangle Area CRA DRl 08-12 Pineland—Stormwater Improvements Page 39 of 43 Packet Page -1503- 5/27/2014 16.D.16. EXHIBIT "F" AlA G702-1992 Form A form significantly resembling the AIA document in this EXHIBIT shall be used for Contractor Payment and subsequent Subrecipient reimbursement Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 40 of 43 Packet Page -1504- 5/27/2014 16.D.16. MOW Document 7 2rm- 1992 instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AlA Document 0702.Application and Certificate for Payment, is to he used in conjunction with AIA 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 AIA Document A201,General Conditions of the Contract for Construction. Use of Current Documents Prior to using any AIA Contract Document,users should consult www.aia.org or a local AIA component to verify the roost recent edition. Reproductions This document is a copyrighted work and may not he reproduced or excerpted front without the express written permission of the AIA.There is no implied permission to reproduce this document,not does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G702, but only for use in connection with a particular project.The AlA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AlA software. Licensed AIA software users should consult the End User License Agreement(EULA). To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel. copyright @ aia.org. COMPLETING THE G702 FORM After the Contractor has completed AlA Document 0703,Continuation Sheet,summary information should be transferred to AIA Document 0702,Application and Certificate for Payment. The Contractor should sign G702.have it notarized,and submit it,together with G703,to the Architect. The Architect should review 0702 and 0703 and, if they arc acceptable,complete the Architect's Certificate lot Payment on 0702. The Architect may certify a different amount than that applied for,pursuant to Sections 9.5 and 9.6 of A201.The Architect should then initial all figures on G702 and G703 that have been changed to conform to the amount certified and attach an explanation.The completed 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 AIA Document 0702, Application and Certificate for Payment.The completed form contains the name and address of the Contractor. Payment should not be made to any other party unless specifically indicated on 0702. EXECUTION OF THE DOCUMENT 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 are executing the document.Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AIA Document G702°'—1992.Copyright CO)1953,1963,1965. 1971,1976.1963 and 1992 by The Americas Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution o1 this Ate Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten (10)copies of this document when completed.To report copyright violations of AlA Contract Documents,e-mail The American Institute of Architects'legal counsel.. copyright @aia.org. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Pace 41 of 43 Packet Page-1505- 5/27/2014 16.D.16. meat G7021' — X90 2 Application and Certificate for Payment TO OWNER; PROJECT; APPLICATION NO: Distribution PERIOD TO: OWNER, CONTRACT FOR: ARCHITECT FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE; COtJTRA„r TO;, PROJECT NOS: / ' FIELD OTHER CONTRACTOR'S APPLICATION FOR PAYMENT TM)undersigned Contractor certifies that In the best of the Cnnuaeiw's knowledge.informal Application is made for payment.;e shown beim),in connection Stith the Conlrart, and belief Inc N'orl:covered be this -�ppL atiot tor hymn(has been completed in arcurdat Combination Sheet.AlA Document G70 is attached. ru th the Contract Documents.Mat all amounts love been paid by the Contractor ton !rut}; which precious Calif-warm for Payment tcere issued and payments re eiced Irons the Owner.: 1.ORIGINAL CONTRACT SUM c that current payment shown herein in now due. 2.Net change by Change Orders $ CONTRACTOR; 3.CONTRACT SUM TO DATE(Line 1±2) S Its Date. 4.TOTAL COMPLETED t STORED TO DATE(Column G on 07(13 t State ul: 5.RETAINAGE. County of: a. _ G nl Conrplcled Wort, Subserihcd and sworn to before (Column I)+i.on 07031 C me this day of b. Ci of Stored 3 hail in! (Column f on 67t0) C Notary Public: Mt Conuission expires Total Re;:uv,ncc(Lines 5.!st fib or Total in Column I of G70?' S 6,TOTAL EARNED LESS RETAINAGE t ARCHITECT'S CERTIFICATE FOR PAYMENT (Lint 4 leis Line i Total l In accordance with the Contract Documents.based on on-site observations and the clip t cotupris 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT C this application.the Architect cenihes to the Owner that to tlie hest 01 the Architect's howled time b farm pn7orCeniiicaicl — inlnnnation and helief the Work has progressed as indicated, the quality of the Work is accordance with the Contract Documents. and the Coutrarrrn is entitled to pasancnt of 8.CURRENT PAYMENT DUE I C AMOUNT CERTIFIED. S.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED ti 1..ine.i less lire tit S Maori)etpluer-rian it ant art enniilleel nr;k'rr (Is i t the ewrrnurr n/rplied,Initial alt.j't:nre.rran this _ Applicniiurt and on the Comiunetionn Siren[thin:are r huonrrl i s onjrur?t with tirc amount r'crtif c, I CHANGE ORDER SUMMARY i ADDITIONS ( DEDUCTIONS ARCHITECT; ITotal ehamssapprot'ed in previous tnnarhs by Osrn r i; IS IN Dal;: I Total approved dons Month S ■ _ TOTALS �S Tin Certificate is not negotiable.The AMOUNT('[On[FII I1 t payable only to the Contra; name d herein.I suance,purview and acceptance of payment are is ithnut prejudice to any right: ;'NET CHANGES by Change Order I'' the(bona nn Contractor under this Contrte) PIA Document G702 -1992.Copyright_ty„ itse IBS.19 197d.198 t e.rd 1992 by i rw Amcr t i t'shut ti Ards tens.All tights reserved. pit t , , t , . t firch se„arepernotadto reprcduce ins(IC)canes cities OCCOSSPO icheri modeled Tore;ancarpfhiront anso`AlACo,VactDocumeds,c n..51 755 Amorennlusti.w=e(Au sect.eaa' coanset cnpyr gh nwa o Bayshore Gateway'hriangle Ares CRA DRI 08-12 Pineland—Storm water improvements Page 42 of 43 Packet Page -1506- 5/27/2014 16.D.16. CONTINUATION SHEET AlA DOCUMENT G703 (Instructiors on reverse sidel PAGF CI: iw--: ALA Document G7C2,APPLICATION AND CERTIFICATE FOR PAYMENT. APPLICATION NO.: coniaining Coniraemr's signed Certification,is attached. APPLICATION DATE: In tabulations below,amounts are gated to the nearest dollar PERIOD TO Use Column I on Contracts where variable retainage for line items may apply. ARCHITECTS PROJECT NO.: H 1 I l . 1 I ! I I WORK CO;a1ETED 14ER5 TOTAL ! , , i 1 I ITEM l I SCHEDULED ' n, -.1 T- PRESENTLY , COr:PLETH I i BALINC': , PETA,INAC: DESCRIPTION OF TO; 1 svkly: 1 fR,A PP.\-,Cy sToRED I AND STORED i " _TC' (IF ViR1;.131.11 THIS PERIOD iscri 1\: 1 TO OfE 1 1G T CL rUISli +Ei D OR Ei ' 1:0-EiFI ! ' , . I 1 . ! . , . i . t i • I 1 i I I j ■ i ! I i ■ . I ] , . ' ! . , , 1 I . 1 l 1 ( I t= blA MAW RD•CONTIYaTION SHEET Mt G ■1.:`,Q EDITION•.4n1 •"c':!'"ff:'TdE.I.METY INSTETT7 OF,I.I;DiETECE.E733 NET T.taSEDZON.DC 24S-3212*WARM Uniicemd phataxpying viniates U.S.awris■nt im and A subje,:t tha Vithibi SO lagpndsonian. G703-1992 JMN ... CAUTION;You should use an original AlA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced. Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland—Stormwater Improvements Page 43 of 43 Packet Page -1507- 5/27/2014 16.D.16. Grant# 10DB-D4-09-21-01-K09 CFDA/CSFA# - 14.228 Subrecipient—Immolcalee Area Community Redevelopment Agency (CRA) DUNS #-076997790 FETI#- 59-6000558 Fiscal Year End: 9/30 Monitor End: 11/2019 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND Immokalee Area Community Redevelopment Agency Colorado Avenue Area Stormwater This Amendment is entered into this 27th day of May, 2014, by and between the "Immolcalee Area Community Redevelopment Agency (CRA)," a Community Redevelopment Agency approved by the Board of Collier County Commissioners hereinafter referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the "Parties." WHEREAS, on April 23 2013 the Board of County Commissioners approved submittal of Modification # 7 for grant agreement #10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity (DEO) and the execution of an associated subrecipient agreement providing Community CDBG/DRI funds for the Colorado Avenue Stormwater project in Immokalee. Florida WHEREAS on June 25, 2013 the DEO approved Modification #7 for grant agreement #10DB-D4-09-21-01-K09 providing Community CDBG/DRI funds for the Colorado Avenue Stormwater project WHEREAS, the Parties desire to amend the Agreement to add Construction Engineering inspections activities to the Scope of Services, update the Collier County Purchasing Policy thresholds, clarify the environmental tasks and add language for retainage. Words Struck Through are deleted; Words Underlined are added THE SUBRECIPIENT AGREES TO: I. SCOPE OF SERVICES Page 1 of 6 Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Contract Amendment#2 Packet Page-1508- (;) 5/27/2014 16.D.16. The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG/DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: The Immokalee Area CRA project will Undertake various flood and drainage improvements in the Colorado Avenue area, as defined by the Immokalee Stormwater Master Plan (ISWMP), conduct an Environmental Review/Assessment for the Colorado Avenue Section of the Downtown area Immokalee Stormwater Master Plan project, install or replace associated sidewalks,perform Construction Engineering inspections (CET Services) and complete engineering activities for the project. III. AGREEMENT AMOUNT DRT FUNDS NOTE* Activities/items/services may include but not be limited to: Colorado Avenue Project All costs associated with the construction of ' S517,300.00 497 600.00 stormwater improvements and associated sidewalks for the Colorado Ave. Stormwater project and the environmental assessment for the Colorado Ave. section of the Downtown Immokalee Stormwater Master plan nroiect. Construction Engineering Inspections S19.700 Total S 517.300.00 The following table details the project deliverables and payment schedule. Deliverable Payment Submission Skec cDeliverable/Documentation Schedule Construction activities for Submission of monthly invoices on stozmwater improvements, j AIA G702-1992 form (attached as Monthly Environmentals and Exhibit`G") or equivalent document associated sidewalks. per contractor's Schedule of Values. Supporting documents must be provided as back up. Page 2 of 6 Immokalee Area Community Redevelopment Agency DR1 08-09 Colorado Ave.Area Stormwater Contract Amendment#2 Packet Page -1509- 5/27/2014 16.D.16. Final 10% of the construction contract to be released upon Certificate of Submit request after Completion, final waiver of lien from , final close out general contractor.,and documentation monitoring of clients served-and final close out clearance monitoring Construction Engineering As invoiced per the CEI Services Included with Inspections Agreement monthly invoicing IX. ADMINISTRATIVE REQUIREMENTS * X Y D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, DEO AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. All purchasing for services and goods, including capital equipment, shall he made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range (5) Quotes Under$3K No-Qttete Required 1 Written Quote Above $3K to $10K 3 Written Quotes Above $1 OK to $50K 3 Written Quotes Request for Proposal (RFP) Invitation To Above $50K Bid (ITB) X X Page 3 of 6 Immokalee Area Community Redevelopment Agency DR1 08-09 Colorado Ave.Area Stormwater Contract Amendment P2 Packet Page -1510- , 5/27/2014 16.D.16. TN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF UWIG I C' E. BROCIK., CL ERK COLLIER R COUNT"Y, FLORIDA — -------------_.._._ __ Deputy Clerk Tom Henning.. Chairman Dated: — (SEAL.) ATTEST: Collier County Community Redevelopment DWIGHT E. BROCK, CLERK Agency (CRA) in-uuokalce Area Deputy Clerk Donna Fiala, Chairman, Collier County Community Redevelopment Agency Dated: (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Page 4 of 6 I moksalcc Arc,a Comanunily Itcdeveictrment Agency DRI OF>-09 Coley,,du Ave.Area Stormwater Contract Amendment#2 � v C) Packet Page -1511- 5/27/2014 16.D.16. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Immokalee Area Community Redevelopment Agency Sub recipient Address: 1320 15th Street Immokalee. FI. 34142 Project Name: Colorado Ave. Area Stormwater Project No: DRI 08-09 Payment Request Dollar Amount Requested: $ Date: Period of Availability: 6/25/2013-12/21/2014 or as modified Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $517,300 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request $ 6. 10%Retainage withheld $ 7. Payment amount for this request $ 6:8. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Page 5 of 6 Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Contract Amendment#2 Packet Page -1512- 5/27/2014 16.D.16. Title Authorizing Grant Coordinator Supervisor (approval authority under 514,999) Dept Director (approval required $15,000 and above) Page 6 of 6 Immokalee Area Community Redevelopment Agency DRI 08-09 Colorado Ave.Area Stormwater Contract Amendment#2 Packet Page-1513- 5/27/2014 16.0.16. Grant#1.0DB-D4-09-21-01-K09 CFDA/CSFA# 14.228 Subrecipient—The Shelter for Abused Women and Children, Inc. DUNS #- 836680769 FETI# - 59-275895 Fiscal'Year End: 6/30 Monitor End: 11/2019 AGREEMENT BETWEEN COLLIER COUNTY AND The Shelter for Abused Women and Children, Inc. Main Facility, Garage Door Replacement THIS AGREEMENT is made and entered into this 27th day of May, 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "The Shelter for Abused Women and Children, Inc." A private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at P. O. Box 10102, Naples, Florida 34101. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, storm mitigation, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreements with the Florida Department of Economic Opportunity (DEO) for grant #10DB-D4-09-21-01-K09 in the amount of $9,963,201.00 in Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI)Funds on May 25, 2010, Item No. 16,D.10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in Part "I" of this agreement, in accordance with the approved Disaster Recovery Initiative Subgrant Agreement, approved by the County; and WHEREAS, the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative Grant Program as a valid and worthwhile County purpose NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows; The Shelter for Abused Women and Children, inc. DR1 08-15 Main Facility,Garage Door Replacement Page 1 of 43 Packet Page -1514- 0 5/27/2014 16.D.16. PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the DRI program, will make available DRI funds up to the gross amount of 7,800.00 to The Shelter for Abused Women and Children, Inc. to install an impact resistant garage door at the Shelter's main facility in Naples, Fl. 1.1 SPECIAL GRANT CONDITIONS A. Within 30 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the environmental review and infrastructure construction. B. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. C, The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action/Equal Opportunity Policy 4. Conflict of Interest Policy 5. Residential Anti-displacement and Relocation Policy 6. Sexual Harassment Policy 7. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) 8. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 1.2 PROJECT DETAILS A. Project Description Improvements Federal Funds Project Component 1: The construction cost and associated costs of fees $5,000 The Shelter for Abused Women and Children.Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 2 of 43 Packet Page -1515- 5/27/2014 16.D.16. and permits necessary to replace are e.aisling overhead garage c. �. r >> loot and n"lenet WWI an nnpact t eSislani Pc'ircrge,-loot. Project COrrr/fonenY 2; The cost of the HUD required Environment-(.x11, 52.800.00 Avsessme.nt utat — —.—.� 7 8{)0.00 The detailed project scope will he contained in the schedule of values awarded in the projects construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment, Should there be any variation between the initial proposed construction and the eventual award for the construction the associated construction agreement will prevail for reimbursement. The project will accomplish the replacement of the existing overhead garage door and opener with an impact resistant garage door and new opener at the. Shelter's main facility in Naples, Fl, Project Tasks 1. Maintain documentation on INC served in compliance with 24CFR 570.208(a)(2) 2. Provide monthly reports on progress and national objectives 3. Provide Environmental Review Assessment 4. Provide Site Design and Specifications 5, Prepare Bid Specifications and Cost.Estimate 6. Obtain Scaled Bids or Quotes and provide procurement documentation 7. Provide Certified Payroll and Interview Forms on a weekly basis 8. Submit invoices to FIHVS for environmental and construction/installation B. National Objective The grant funds awarded to the Shelter for Abused Women and Children, Inc. will benefit at least 51% Low to Moderate Income .Households. As such the Subrecipient shall be responsible for ensuring that at least 51% percent of the beneficiaries meet the definition of Clientele Benefit Activities at 24 CFR 570.208(a)(2). C. Project Outcome The project will and install an impact resistant garage door and the associated opener. D. Performance Deliverables The Following"Table Details the Project Deliverables 'flit Shelter for Abused Woman and Children,inc. Main inuili(y, Garage Door Replacement Page 3 of 43 Packet Page -1516- 5/27/2014 16.D.16. Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Prior to the disbursement of 1 (Section 1.1) agreement funds Insurance Insurance Certificate Annually within 30 days of renewal Detailed Project Schedule Project Schedule Within 30 days of Agreement Execution Project Plans And Specifications Site Plans Prior to Invitation to Bid Invitation to Bid Sealed Bid Documents or Quotes Prior to Invitation to Bid Submission of Progress Report Exhibit D Monthly and Annually thereafter until 11/2019 Financial and Compliance Audit Exhibit E Annually 180 days after FY end Continued Use Certification I Continued Use Affidavit Annually until 2019 E. Payment Schedule Payment Deliverable Payment Submission Schedule Deliverable/Documentation Project Component 1: The • Construction: Submission of • Monthly construction cost and the supporting documents must be cost of permits necessary to provided as back up as replace an existing overhead evidenced by, but not limited garage door and opener with ( to, signed AIA G702-1992 an impact resistant garage form (attached as Exhibit "G") door or equivalent document accompanied by the contractor's Schedule of 'Values, proof of payment and associated photos, Exhibits "B" and "C" if applicable. • 10% Retainage will be • Submit request withheld with each request for after final close payment and will be released out and upon completion of activities monitoring and final close out monitoring clearance Project Component 2: The I Environmental Assessment • Pending: I-IIIVS cost of the HUD required ' document,proposal, invoice, Consultant Environmental Assessment p►oof of Payment and Exhibit`B" review and for the Shelter's main DEO approval facility in Naples,Florida 1.3 TIME OF PERFORMANCE The Shelter for Abused Women and Children.Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 4 of 43 Packet Page -1517- 5/27/2014 16.D.16. Services of the SUBRECIPIENT shall start on the effective date of Modification #9 of DRI Subgrant Agreement #10DB-D4-09-21-01-K09 and end prior to the end date of the same agreement, as extended by modification to the DRI Subgrant Agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Seven Thousand Eight Hundred Dollars and No Cents ($7,800.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the foretasted amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). Modifications to the `Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with Board approval. All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with The Shelter for Abused Women and Children,Inc. DRT 08-15 Main Facility,Garage Door Replacement Page 5 of 43 ( Packet Page -1518- 5/27/2014 16.D.16. §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) Iisted under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non-Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Lisaoien@,coliiergov.net 239-252-6141 SUBRECIPIENT ATTENTION: Julie Franklin, Director P. O. Box 10102 Naples, Fl. 34101 j franklin @napl esshelter.org 239-775-3862 SIGNATURE PAGE TO FOLLOW The Shelter for Abused Women and Children,Inc. DR! 08-15 Main Facility,Garage Door Replacement Page 6 of 43 Packet Page -1519- 5/27/2014 16.D.16. 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: TOM HENNING, CHAIRMAN The Shelter for Abused Women and Children_. Inc. Dated: (SEAL) By: Julie Franklin,Director The Shelter for Abused Women and Children, Inc. Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney ` .s.• The Shelter for Abused Women and Children.Inc. DR) OS-15 Main I ac it},Garage Door Replacement Page 7 of 43 Packet Page -1520- 5/27/2014 16.D.16. PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by CDBG regulations B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for six (6) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be The Shelter for Abused Women and Children, Inc. DRI 08-I5 Main Facility,Garage Door Replacement Page 8 of 43 Packet Page -1521- ,. j 5/27/2014 16.D.16. informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. For Area Benefit activities, the SUBRECIPIENT will maintain documentation on the low-to-moderate benefit to the area by census tracts served. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 9 of 43 Packet Page -1522- 5/27/2014 16.0.16. of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General,the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services (HHVS)has adopted an escalation policy to ensure continued compliance by recipients, subrecipients, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA)to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of five percent (5%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity may be considered in violation of Resolution 2013-228 The Shelter for Abused Women and Children.Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 10 of 43 Packet Page-1523- � �'' 5/27/2014 16.D.16. 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail; the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of ten percent (10%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity will be considered in violation of Resolution 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. o The entity will be considered in violation of Resolution 2013-225 If in the case the Entity has multiple agreements with the Department and is found to be non- compliant, the above sanctions may be imposed across all awards at the County's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit monthly progress reports to the COUNTY on the 15th day of January. April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D-1". Exhibit "D-1" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. The Shelter for Abused Women and Children, Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 11 of 43 Packet Page -1524- 5/27/2014 16.D.16. PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule The Shelter for Abused Women and Children,Inc, DRI 08-1.5 Main Facility,Garage Door Replacement Page 12 of 43 Packet Page -1525- 5/27/2014 16.D.16. of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may subject to CDBG regulations, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which teiurination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. The Shelter for Abused Women and Children.Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 13 of 43 Packet Page -1526- 5/27/2014 16.D.16. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO), AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial tenuinations, the portion to be terminated. However, if in the case of a partial termination,the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. hleffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and The Shelter for Abused Women and Children_Inc. DRT 08-15 Main Facility,Garage Door Replacement Page 14 of 43 Packet Page-1527- '�_ 5/27/2014 16.D.16. G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right(nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84,35. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 15 of 43 Packet Page -1528- 5/27/2014 16.D.16. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work(Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State. Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of the Collier County Purchasing Policy Purchasing Threshold Policy Dollar Range (S) I Quotes Under $3K 1 Written Quote Above 53K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) 3.13 PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(e) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. The Shelter for Abused Women and Children.Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 16 of 43 Packet Page -1529- 5/27/2014 16.D.16. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and `minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition. "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall he committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as The Sheller for Abused Women and Children,Inc. DR1 08-15 Main Facility,Garage Door Replacement Page 17 of 43 -J. Packet Page -1530- 5/27/2014 16.D.16. 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 foiuiulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY`s sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall he interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may he used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility.Garage Door Replacement Page 18 of 43 Packet Page-1531- 5/27/2014 16.D.16. c. It will retain its independence from Federal, State and local governments and may continue to can-y out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities,such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof REMAINDER OF PAGE INTENTIONALLY LEFT BLANK The Shelter for Abused Women and Children, Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 19 of 43 Packet Page -1532- 5/27/2014 16.D.16. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edii1c ww.law.eornell.cth1 l /text 24%part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: httn://www.ecfr.eovic i-bin/text- ich:?c—ecfr&tpl=lccfibrowse'Title 24/24c r5 i main 02.11)1 4.3 Section 104(b) and Section 109 of Title I of the housing and Community Development Act of 1974 as amended htt.n:/mortal.hud.gov/hudnortal'1ItiD?src—inrouram oflicess'fair hotisine equal oph/r11 Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations tinder the Fair Housing Act. httn: yk.ww.huci.tiovi to fiices'`fneo!librery/huddoistatement.pdf E.O. 11063 —Equal Opportunity in Housing http://nortal.bud.gov/hudbortal/HLTD?sre—/program officer/fair houstn<a_ equal oro /Ftt Laws/EXO 11063 E.O. 11259 -Leadership & Coordination of Fair Housing in Federal Programs httn://www.archives.eov-federal-resister!'codif ication%executive-order-12259.html 24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O. http:/iwww.iaw.cornell.edu/cfr/text/24ipart-107 4.5 Title VI of the Civil Rights Act of 1964 as amended., Title VIII of the Civil Rights Act of 1968 as amended httr://i,ortal.huC'1.ti ov/hudporta111-I1TD?src=ihroeram offices a.h housinw equal ot?n'proit desc!title8 4.6 24 CFR 570.601 Subpart h - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Ilttp./%w4 w.ono.00v!tdsys'nl:e/C1"R-200/-tlt1e24-vo 3'pdf'Ct'R-2007-iitle'74-voi3 scc570-602.pcli. 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.itovieeoc/hi story/35011111e]wieo-1 124 6.html EC) 11375 and 12086: see item #8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972. 42 USC 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or The Shelter for Abused Women and Children.Inc_ OR] Of;-1; Main Facility. Garage Door Replacemern Page 20 of 43 Packet Page -1533- 5/27/2014 16.D.16. advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. htt /'wo.\t.eeoc.g(ly/taws"statutes/titlevii.cfm 4.9 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY. the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located_ and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Shelter for Abused Women and Children.Lne. DRI 08-15 Main Facility.Garage Door Replacement Page 21 of 43 Packet Page -1534- 5/27/2014 16.D.16. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http: i v w.cct .r ov egi- hintext idx?c= cfi{>to 'ecfrbrowse/Titl 24'24cfrl 35 main 02.tpl 4.10 Age Discrimination Act of 1975. Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - httn://www.doteovioasanCregs/statutes/age act,nun 11063:http://portal,hud.gov/hudportal/HUD?src—/proerain offices/fair housine eoual ct np/F l-I Laws'EX O 1106 3 11246: http://www.ccoc.goviceoc/historv.75thithelaw/e0-11246.html 11375: Amended by EO 11478 11478: http://www.archi federal-reg ister/codification!executive-ordeF'11478.htm1 12107: http:'/uTwu.archives.gov/e tl eral-re.:eistci`couification/eaecutive-order'12107.html 12086: httn://yvyvw.archiy-es.<wov!federal-re ei stet/cod ification executive-order/12086,html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http:/i usaccengineerinepanmlets2.tnub.com'EP-1180) 1-1/FP-1 1 89-1-1 001 2.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5).24 CFR 570.614 Subpart K. Section 504: httn:/'w ww.ena.eovicivilriehts/sec504.htrn 29 USC 776: littp:7 law.onecle.coniiuscode'29/776.html 24 CFR 570.614: http:/''\ti\vw.law.cornell.edujcfr''text/24/579.414 4.13 The Americans with Disabilities Act of 1990 httn:''t«ww.fliwa.dot.gov/realestate!ua'index.htni 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. as amended. httn://v,,ww.thwa.clotov/realestate/ualindex.htm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must he included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.1 1(c). 29 CFR. Part 3-Contractors and Subcontractors on public building or Public Work Financed in whole or in part byLoans or Grants from the United States- littn://www.km.cornell.cclu"cir'text'20 hart-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) han://www.law.cornelleciu/cfrAext'29/nari-5 The Shelter for Abused Women and Children. Inc. DR] OS-1 i Main Facility. Garage Door Replacement Page 22 of 43 Packet Page -1535- 5/27/2014 16.D.16. Executive Order 11914 -Prohibits discrimination with respect to the handicapped in federally assisted projects. http:l.%vvww.presidencv.ucsb.edu/ws;index.phf?pid=2 3675 4.16 Executive Order 11 625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http:'/www.mbda.<eovtnodet333 HUD Circular Letter 79-45: No reference found 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http://www.uno.<eov/fdsys'nkeT/CFR-2010-title24 vol3%pdf'CF11-2010- iit1e24-vo13-sec570-608.pdf E.O. 13279: http://fedeovcontracts.com/pe02-192.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. httn:/iwv vw_ncbi.nlm.nih.eov/pubmed'12289709 4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: littp://www.law.comelLeduicfr/text/24/bart-84 • Subpart A—General; * Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance: * Subpart C—Post-Award Requirements, except for: o Section 84.22. Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs: o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25. Revision of Budget and Program Plans: o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment—In lieu of the disposition provisions of 84.34(g) the following applies: In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment): and The Shelter for Abused women and Children. Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 23 of 43 Packet Page -1536- 5/27/2014 16.0.16. • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b).. (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52. Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be six years: and ▪ The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520. in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award: o Section 84.61. Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7): and 0 Subpart D —After-the-Award Requirements—except for 84.71, Closeout Procedures 4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. httn:/`v'cwu'.eCi r.coy/egi-bin/text- id 7c c fi&fhl=;ecfrbroyvseTitle 24 fLicfi85 main 02 aril 4.21 Immigration Reform and Control Act of 1986 him:// v.eet)c.eo\'-eeoo'h.story 5thlthela\vtire .ntml 4.22 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended_. and County Administrative Procedure 5311. Florida Statutes - Mtn:!/\\-\i;w.1auserver.con,'lei w/ tate`forida/statutes'1iorida statutes chance: 112 part Collier County - http:"hrcv 01 `` ite.Director\ `r DTTI'Itoor/Ci\ A<! 5/27/2014 16.D.16. 4.24 Venue-Any suit of action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution_ and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County. Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENhERING 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. httn:"'/ww\ flsenate.gov/l.a\vs/Statutes'20]044.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, el seq. http://v,'ww.law.cornell_edu'uscode'text/42'7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http:4w w.lav:.cornell.edu%uscode/text:33/chapter-26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act. 41 USC 7401, et seq. littp://www.law.corn ell.cdu!us:ode/tcxt/427401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. hup://www.law.cornell.cduluscode/text/33,1ehapter-26 4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K). the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. h'ttn:/iwww.ecfr.{ro vie gi-bin/text- id>:?c=ecfrc-.SIIi) eba40bdb52822d1081'7a48be d5bOb5C>&ron=dive,L vie, ---text&no ie=--) 4:5.1.1.3.4,1 1.1.6&idno -24 4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- The Shelter for Abused Women and Children. Inc. DR 08-15 Main Facility, Garage Door Replacement Page 25 Of 43 Packet Page -1538- 5/27/2014 16.D.16. Based Paint Poisoning Prevention Act found at 24 CFR 570.608. Subpart K, hun://www.ecir. lc ccfr&S D—cba40bdb52822d 80$. a4$hced5b0b56Arnn=dig 5k vie w icxt knoA 4:_ _1.1.3.4.1 1.1.98.:idno=24 4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http //www.nps.gov/hi storvilocal-law/niroa196 .htm http: ecfr.gov/cgi-bin/text- idx?c=cefr&tnI `ecfrlarowsel`litle3o'36cfr800 main 02.tnl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. httn Ilwww.nns.goy/history,`local-law nhnaI966.h0m 4.30 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). �odt.vley..comivid!drum- re -worl:n lace-rcc;uiremcnts-c mlractor:-I9 242870 4.31 The SUBRECIPIENT certifies that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible_ or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609. Subpart K. httO:, y.'ww.eCjr.gOv/Cal-blll/text- icl.;?c= fr&SID—eba 40bdb52822d80827a48bccd5b0b5t kr n—di,8&vie«==tcxt&nod.le=2 4:_t..!.1.3.4.1 1.1.10&idno=24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-I 10 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements The Shelter for Abused Women and Children.Inc. DRI 08-15 Main Facility.Garage Door Replacement Page 26 of " Packet Page -1539- 5/27/2014 16.D.16. OMB Circular A87: http://www.whitchouse.eoviomb/circulars a087 20.04/ OMB Circular Al02:http:/./wwvv v.whitehotuse.nov/omblcireulal_s a102/ OMB Circular A21:http://www.whitchouse.gov/ornhicirculars a021 2004' OMB Circular Al l0:http://www.whitehouse.00vlomb/circulars a 1 0/ OMB Circular A122: littp://www.whi tehouse.gov/omblcircul ars a1.22 2004/ 4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133. Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitch ous....coviomb/circulars,al33 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edulcfr/text/24/92.206 4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of 825,000,must adhere to the CDBG Regulations at 24 CFR 570.505. hum!/vvw«.flrwa.dot.gov/realestatclua/inclex.htm http://www.lay v.cornell.edu/cfr/texti49/24.101 http: /cfr.v lex.com'vid:'570-505-use-real-pro perty-1 9928754 4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof. the SUBRECIPIENT certifies that it. its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. intbliwww.lawserver.com/law/stateillorida/statutes/flori da statutes 287-133 4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering The Shelter for Abused Women and Children.Inc. DR!08-15 Main Facility,Garage Door Replacement Page 27 of 43 Packet Page -1540- 5/27/2014 16.D.16. into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying, in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.38 Any rule or regulation determined to be applicable by HUD. 4.39 Florida Statutes 71320,Part 1, Construction Liens i e M ? s is UI' _- htgn:L��v��v�-�y•.le_.�tatc.fl.t... Statute�>>ud�.�..,Tur../�Lp,v n�It) i,`-,.19; nl�_-�,� `�t<�ttlt�� I —C 7O(1- 0799/0713/0713.html 4.40 Florida Statutes 119.021 Records Retention httn:/ \E`l:w.lawseryer.comlan1Mate lorida''St<ttl1CS`TiOri(lti statutes i 1 %-0211 4.41 The Disaster Recovery Initiative Agreement g 10DB-D4-09-21-01-h09 between Collier County and the Florida Department of Economic Opportunity by reference are incorporated into this agreement. J:Grants/DRI 2008 TS Fay (h. Grant)/Agreements/DCA DRI 2008 original grant agreement executed.pdf 4.42 Florida Statutes, 119.071, Contracts and Public Records 1it?:1 1Z 'wV.1t_ Stdt: .11.tS St1tLtes.ii 1dox CtT?A$n mode—Di splay Stain t 1t _— C100- 01 99 01 19/Sectons/01 1 Q.07.htm I PART V DISASTER RECOVERY WAIVERS The Shelter for Abused Women and Children.Inc. DRI 08-15 Main Facility-, Ciarate Door Replacement Page 28 of 43 Packet Page -1541- 5/27/2014 16.D.16. "Waivers and Alternative Requirements for Grants Under the Supplemental Appropriations Act,2008"(Federal Register/Vol. 74,No.29/Friday,February 13, 2009/Notices [FR-5256—N-01]). Relevant Waivers including, but not limited to: 5.1 Overall benefit waiver and alternative requirement. (2) 5.2 Citizen participation waiver and alternative requirement. (5) 5.3 Modification requirement for consultation with local governments. (6) 5.4 Duplication of benefits. (10) 5.5 Waiver and alternative requirement for distribution to CDBG metropolitan cities and urban counties. (11) 5.6 Program income alternative requirement. (12) 5.7 Note that use of grant funds must relate to the purposes of the Second 2008 Act. (13) 5.8 Waiver of performance report and alternative requirement. (14) 5.9 Recordkeeping. (16) 5.10 Change of use of real property. (17) 5.11 Housing-related eligibility waivers. (19) 5.12 One-for-one replacement of units damaged by disaster. (21) 5.13 Flood Buyouts. (22) PART VI EXHIBITS EXHIBIT "A" The Shelter for Abused Women and Children, Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 29 of 43 Packet Page -1542- 5/27/2014 16.D.16. 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 occulTence/$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. CONNSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: �. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%)percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance The Shelter for Abused Women and Children.Inc. DRI 08-15 Main Facility,Garage Door Replacement Pace 30 of 43 Packet Page -1543- 5/27/2014 16.D.16. Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMIENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1.000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 31 of 43 Packet Page -1544- 5/27/2014 16.D.16. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Sub recipient Name: The Shelter for Abused Women and Children, Inc. Sub recipient Address: P.0,Box 10102 Naples,FL 34101 Project Name: Garage Door Replacement, Hurricane Hardening Project No: DRI 08-15 Payment Request 4 Dollar Amount Requested: 7,800.00 Date: Period of Availability: effective date of DRI grant 4IODB-D4-09-21-0I-1(09 Mod#9-12/21/2014 or as modified Period for whirl: Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $7,800.00 2. Sum of Past CIaims Paid on this Account S 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account S 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request S 6. 10%Retainage Withheld 7, Payment amount for this request $ 8. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all requests) S 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 515,000 and above) the Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 32 of 43 'y Packet Page-1545- 5/27/2014 16.D.16. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713,02 Part 1 —Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's Request for Payment, The Shelter for Abased Women and Children, Inc. Witness: BY: BY: ITS: Project Manager DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality He/She is personally known to me OR has produced as identification and who did (did not) take an oath, My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 33 of 43 Packet Page -1546- 5127/2014 16.D.16. EXHIBIT "D" Exhibit "D" contains four(4) monthly reporting forms D-1 The Shelter for Abused Women and Children.Inc. DRI OS-Ii Main Facility,Garage Door Replacement Page 34 of 43 Packet Page-1547- 5/27/2014 16.D.16. CDBG/DISASTER RECOVERY MONTHLY PROGRESS REPORT Complete form for the current month and submit to Housing&Human Service's staff by the 26th of each month. Status Report for Month of Submittal Date: Project Name Options Thrift Shoppe, Hurricane Hardening Project Number: DRI 0845 Activity Number: 14E Rehabilitation Commercial Subrecipient: The Shelter for Abused Women and Children, Inc. Contact Person Julie Franklin Telephone: 239-775-3862 E-mail: 1frankIin'h nan1esshelter.or' 1. Activity Status/Milestones(describe any action taken, relating to this project, during the month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. identify any potential issues that may cause delay. The Shelter for Abused Women and Children. inc. DRI 08-15 Main Facility.Garage Door Replacement Page 35 of 43 • Packet Page -1548- 5/27/2014 16.D.16. I D-Z 1 Accomplishments and Benificiaries Monthly Reports 1 j SubreclpienL, The Shelter for Abused\Vutaen and Children,Inc. je.ted Units Completed/ i -- _i —` Total Units Projected I i Ac cornplishmen 1 Month 4 I` ]Business Unit I — —J' —` )anuan- ' rebnrnry � n4arch April � 1 Document date I i-- May 1 tune July August - -- I F ' ! .5cpternber I October ! November Decernbeit -- -f _� TOTAL: Beneficiaries j — I- __ Beneficiaries Completed/Month Number of beneficiaries � January i February j March April LMI I {I Ii LMl Plea e list the total LIVII i — l ! _j TOTAL bon iicianes for each month in May June J July 1 August the.top box. �� LMI While listing the total amount i I —.TOTAL of beneficiaries in Lire lower box September October November ( December ! i --! ] Mal L TOTAL 1 _ _._ LMI i TOTAL: 't-M;=Low to Moderate Income Persons Households , Total Households Projected Households Served/Month Number of Household;; I January February March 1 April ..T__ -1 -- —� May June 1 July August l l,i�recipient Signature: i1 —I � September October November December t--i- 1 [DATE: _ ..� 1 I ' t r TOTAL: The 811011er for Ahttacd Women and Children.Inc. OR!O8-]5 Main Facility, Uaragc]_loo.•Rep)nceinent Page 36 of 43 ` Packet Page -1549- ,� 5/27/2014 16.D.16. o-s Summary of All Beneticiarres by Race Monthly Report January Year Summary of All Beneficiaries by Race(reported for Fair and ED purposes'.Raoe Is determined by head of househoid- Raolal Coda I S•rvod this Month Served to Data Racial Code I Served this Month Served to Date While(I I) O American Indian or Alaskan Native and White,(36) 0 African American(12) 0 Asian and White(17) 0 Asian(13) 0 African American and While(18) 0 American Indian or Alaskan Haire(14) 0 American bdiarfA)askan Native and African American(t> — 0 (Mime Hawaiian Pacific Islander(15) 13 Other.Multi racial(20) 0 Felvuary Year Summary of All Beneficiaries by Race(reported for Fair Housln and NO purposes).Race is determined by head of household. I Radial Code Served this Month Served to Data Reale)Coda Served thin Month Served to Data White(II) 0 American Indian or Alaskan Native and White(16) 0 African American(12) 0 Allan and White(17) 01 Asian(13) Cr African American and While(10) 0 American Indian or Alaskan Native(I4) D American Indian/Alaskan halve and African Ameri can(19) SIB Native Hawaiian Pacific islander(IS) O Meer Mult-racial(20) 01 March. Year ISummary STAB Beneficiaries by Race(reported for Fair Housing and NO purposes.Race is determined lay head of household. I Racial Coda Served this Month .Served to Date Racial Cade Served this Month Served to Data while(it) 0 American Indian-at.Alaskan Native and White(16) OI African American(12) 0 Asia and White(17) 0I n Asian(13) OIA(Ncan American and Wrale(IE) 0 American Indian or.Alaskan Nature(le) 0 AnterleanIndian(Alaskan Nab,and Attlean American.(19) OI Settee Hawaiian.Pacific Islander(II) 0 Other M0lb-racial(20) 01 April Year Summary of.All Beneficiaries by Roc!(reported for Fair Housln and NO purposes.Race Is determined by head of household. Racial Code Served this Montle Sot ved to Dab Racial Code Served this Month served to Dote I White(11) -0 American:Indian or Alaskan Native and White(16) 0+{ African American(12) OAalan and White(17) - 01 Asian(13) it African American and While(1.8) DI American ldian at Alaskan Native(14) 0 American lrtddn lvlaekan Nahve and African American(19) DI Mabee Hawaiian Pacific Islander(15) ! 0 other Mullr-racial(20) 01 May Year Summary of All Beneftoleries.by Race(reported for Fair Housing and NO purposes.Race is determined by head of household. Racial Code Served this Month Served to Dole Racial Code Served this Month Served to Data White(11) a American Indian.or Alaskan saliva and White(16) 0 African American(12) O Asian and While.(17) D Asian(13) 0 African American and White Ma) 01 American Indian or Alaskan NtUre(14) 0 American IndlanfAlaskan Native and African American(19) 0 Native Hawaiian Pacific lslander(15) 0Other Multi-taclal(20) 0 June Year Summary of All Beneficiaries by Race.(reported for Fair Housing'and ED purposes.Rano is determined by head of household. I Racial Code Served this Month .Served to Date Racial Code Served title Mona :Served so Data White(11) 0 American Indian or Alesken Native and White(16) 0 African Amerlcvri(12) O Asian and White(17) 0 Asian(13) 0 African American and White(18) '0 American Indian or Alaskan Native_(14) 0 American bdlaMAiaskan Native and African American(194 0 Native Hawaiian Pacify Islander(15) 0 Oarer Mold-racial(20) I 0i July Year: Summary.of All Beneficiaries.by Race(reported for Falr Housinp and NO purposes..Rase Is determined by head of household. Rental Code Served this Month Served to Date Rectal Cede Served this Month Served to Data White(11) a American Indian or Alaskan Native and White(16) 0, Alriran Arne,Icon(12) 0 Asian and White(17) 0 Asian(13) 0 Alriran American and White(18) 0 American Indian or Alaskan Native(14) 0 AmerlcanIrdiaNAtaskan Native and African American(19} 01 Native Hawaiian Pacific Islander.(151 0°net Matti-racial(20) 01 August Year ISsarnmary of All Beneficiaries by Race(reported for Fair Housing and NO purposes'.Race Is determined by head of household. IROCial Code Served this Manta Served to Date Realel Code Served this Month Served ic.Date White(11) 0 Amerlcanindianor Alaskan Native and White.(16) 0, African American(12) 0 Milan White(I7) 01 Asian(13) Cr African Amarkan afd White(181 OI American Indian or Alaskan Native(141 O American Indian/Alaokan N0bre sear African American(19) I Di Natter Hawaiian Farina Islander(11) D OtherMulti-racial(20) 1 0 September Year. Summary of All Beneficiaries by Rode(reported for Fair Housing and NO purposes).Races determined by head of household. I Reeial Cede Served this Month Served to Data Reelei Code Served this Month Served to Data I White(11) 0 American Indian at Alaskan Native aria White(16) 01 All icanAnwrican(12) 0 Asian and While(17) I 01 Asian(13) 0 African American and White(18) I 0) American Indian or Alaskan Native(14) OiAnler lean IndiaNAlasken Native and African/semi Can(191 1 tiI Native Hawaiian Pacific Islander(15) r O10ther Multi-racial(20) 01 October Year (Summary of All Beneficiaries by Race(reported for Fair Housing and ED purposes).Race is determined by head of household. Racial Coda I Sowed this Month Served to Dale Radial Cade Served this Month Sorvod to Dote I White(II) I 0 American Indian or Alaskan Native and White(IA) CI African American(12) 0 Asian and Wake(17) 0 Alien(13) 0 African America and White(18) 0 American Indian Alaskan Native(14) 0 AmerlcanlrkiaNAfaskan Native and Oman American(19) 0 ,Native Hawaiian Pacirrc Sander 715) I (Other tablti-racial(20) D ttovember Yea-. I Summa of All Beneficiaries b Race re•carted for Fair Housin and ED pia•<mos).Roan is determined b head of household, raa I r Racial code Served this Month served to Date IlEa . l=111 Served to Date White 11) 0AmnricanIndian or Alaskan Native and While(16) MINIMIEM 0 African Amencan(12) 0 Asian and White(17 Cr' Asian(13) '1 CO American Indian or Alaskan Native(14) ) 0 Amencan Indian:Alaskan Native awl African American(19' I 0 lrtative Hawaiian Pacific Islander'IS 0 Other idulh-rariai 20 111111.101111.11 11111111111111111111111113 December bear. Summary of All Beneficiaries by Race(reported for Fair Housing and NO purposes?.Race is determined by head of household. I Raolal Code I Served this Manta I Sowed to Date (Raolal Coda serval this Monti Sowed to Date The w10,,(11) 0 Amer:oanMalan en Alaskan Native and White(16) i 0; t''� Airman American(12) 0 Asian and White(17) ( 0) DRr�ASIan(13) O African Americanard While(II) 1 01 A I Amer lean Indian or Alaskan Nahve(141 OIAmerican Irdioryv n iaskaNative-aid ANican American(19) 01 A'1ailNative HM4Allan PaciRClstander 115) 01Other Multi-racial(20) 0l Packet Page 4550- 5/27/2014 16.D.16. D-4 Contractor information for Section 3 and MBE,Subrecipient Monthly Report (9}Comraa FMod (17}CnnUaft' PrncuremeniCamplanre[ned7st 141SO:ow/actor (111 Amount of I111}iyoe of trade 17)Prune or Sukoataaor Contractor lnlamation (6)COntracto! 1110 Contract! 1131 (13}37.00113 I1SISaeall 116)Dae6Bacon Cootnctar IDp 1a(Start Date (6)Eo Date Bada1L1,Nit 11 1141%13E01)1N( Iseenigktj suewnvact (seeBigNr 7115eestgm) (YfNj 6mmaalylN! lYll+i • Nan, Street Ctt, I ( ( I Stale&Lo Code I 1 I I 1 I I Nan,� � 1 ' ( I j 1 it I I 1 City • • State&La CON_ haw • Street Stat, Lp Code IS2 Man su5contracay futt used infonaaeo i7ywo!:Lae Code: f2)Raaa!Hnn Code; N axons 914..190 f6 must n tCie t=Nem Constnnon Not&tls laosrn9readb,water,one 1`Wan Amertan Isubcoouacbvntamalnn,not The prime setter 1=Black Amarcao pneackfanlarrneon;also,nclude pIme -FuuradoMramnp • i t flab,,Amerce • KKnuacNls JD numres. 3�Otne:llnaWessappryt,pmiessonalsemces aM oiler *'HrsoarNttAitxrlcer ,cdvves exceptconsmc&oo and edxalnrvbai ml• i;ASUNPatik America =HasidcJer Ore, The Shelter for Abused Women and Children,Inc. DRI o8-I5 Main Facility,Garage Door Replacement page 38 of 43 Packet Page -1551- 5/27/2014 16.D.16. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient Name Fiscal Year Period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. ❑ We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons —explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (if findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility. Garage Door Replacement Page 39 of 43 Packet Page -1552- 5/27/2014 16.D.16. EXHIBIT"F" AIA G702-1992 Form A form significantly resembling the AIA document in this EXHIBIT shall be used for Contractor Payment and subsequent Subrecipient reimbursement The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 40 of 43 ^ f f Packet Page-1553- 5/27/2014 16.D.16. ADocument G702 T61- 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AlA 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 Prior to using any ALA Contract Document,users should consult www.aia.org or a local ALA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted front without the express written permission of the ALA.There is no implied permission to reproduce this document,nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The ALA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed 0702, but only for use in connection with a particular project.The AIA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission from the Al A. Rights to reproduce the document may vary for users of AlA software. Licensed ALA software users should consult the End User License Agreement(EULA). To report copyright violations of ALA Contract Documents,e-mail The American Institute of Architects'legal counsel. copyright@aia.org. COMPLETING THE G702 FORM After the Contractor has completed AIA Document 0703,Continuation Sheet,summary information should be transferred to ALA Document G702,Application and Certificate for Payment. The Contractor should sign G702,have it notarized,and submit it.together with G703,to the Architect. The Architect should review G702 and G703 and,if they arc acceptable,complete the Architect's Certificate for Payment on 0702 The Architect may certify a different amount than that applied for,pursuant to Sections 9.5 and 9.6 of A201.The Architect should then initial all figures on 0702 and 0703 that have been changed to conform to the amount certified and attach an explanation.The completed G702 and G703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AlA Document 0702, Application and Certificate for Payment.The completed form contains the name and address of the Contractor.Payment should not he made to any other party unless specifically indicated on 0702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting(i.e.,president,secretary,partner,etc.)and the authority under which they are executing the document.Where appropriate.a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AIA Document G702TM—1992.Copyright®1953,1963,1965,1971,1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING,This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AtA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten (10)copies of this document when completed.To report copyright violations of MA Contract Documents,e-mail The American Institute of Architects'Legal counsel, copyright @aia.org. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 41 of 43 • Packet Page-1554- 5/27/2014 16.D.16. Document G702 Tit - 1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution PERIOD TO: OWNER I CONTRACT FOR: ARCHITECT I FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR I PROJECT NOS: 1 1 FIELD OTHER CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the cnnhaeini's knit».ledge.inh,maf Application is made(tire payment.a±shown below,in connection with the Contract. and belief the Work covered by this Application tire Payment has been completed in accerdar Continuation Sleet.Af:1 Document GlO.�,is attached. utth the Calmat Documents,that all atrnrunte have been paid by the Contractor for Work which previous Certificates for Payment acre issued and payments received from the Owner.r 1.ORIGINAL CONTRACT SUM S that current payment shown herein is non cue. 2.Net change by Change Orders S CONTRACTOR: 3.CONTRACT SUM TO DATE(Line I±2t S H�: Date: 4 TOTAL COMPLETED&STORED TO DATE(Column 0 on(17031 S State of: 5,RETAINAGE: County of: a. c;of Completed Work Subscribed and sworn to before IColumn D+Lou G703) S me this day of b. Si of Stored Material (Column F on G703) h Notary Public: Me Commission expires: Total Itctaivage(Lines 5a 4 5b or Total or Column I of 07031 S C.TOTAL EARNEDLESSRETAINAGE ARCHITECT'S CERTIFICATE FOR PAYMENT (Litre 4 Less line 5 Total! In accordance with the Contract Documents,based on on-site observations and the data contpris 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT C this application,the Architect certifies to the Owner that to the hest of tire Architect's know led information and belief the Work has progressed as indicated, the quality of the Work is (Line 6 from prior(citrilcatei accordance with the Contract Documents. and the Contractor is entitled to payment of S.CURRENT PAYMENT DUE k 1 AMOUNT CERTIFIED. S.BALANCE TO FINISH.INCLUDING RETAINAGE AMOUNT CERTIFIED.. s (Line 3 less Line 6i 5 tArtarI rtplanuu r r,ir"wooing errnilied difl rs.firnr the rmmrrrrrrr aI1171erl.initial all figrurec ern i/rii _ eipp(iratirrn rain on the Continuation Sheet that are rluari'ed to mnfraru midi r/re amount certiiic CHANGE ORDER SUMMARY ADDITIONS I DID0ICTIONS ARCHITECT: Total changes apprm'ed in previous month,by Owner IS fi It1: I1ate: ITotal approved this Month I C $ TOTALS IS 5 Thus Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contra: named herein.Issuance,payment and acceptance of payment are without prejudice to amt rights NET CHANGES by Change Order S the Owner or Contractor under this Contract AMA Document G702tu—1992.Copyright 01963,1963 1969.1971,1978,1983 and 1992 by The American trstitutr.n'Architects.All rights reserved.Ateea,,,,:; , 1ta +t,,. .r,r;r-,...:_ j :t.ar; .k,.,r'. „ k r t..,_.,.ii rrir of 1 . l 6,_...sri.. . phrinni t vt ;ntt a:ttt ... ..n Sit::ri? ,:5t t.. .. .,It �.. ':ta V ,'e�r!a�. tit i re..Purctrnsers are permitled to reproduce Inn 110;copies Of this document viten completed To report copyright vio'atiansn'MA Contract Documents,e-mail The American Institute of Architects'legs, sonnet capyrichtrta,a.nrg. The Shelter for Abused Women and Children-Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 42 of 43 Packet Page -1555- 5/27/2014 16.D.16. CONTINUATION SHEET MA DOCUMENT G703 (instrors on reverse side.) PACE OF PAGES MA Document G701,APPLICATION AND CERTIFICATE FOR PAYMENT. APPLICATION 1;0.: coorning Com-actor's signed Certification,is attached. APPLICATION DATE: In obulations below,amounts are stited to the nearest dollar PERIOD TO Use column I on Contracts dere-variable retair.age for line item rn2V apnh ARCHITECTS PROJECT Na: B lCDEFG H WORK COMPLETED I YATERLAIS TOTAL PRESNTLY E CONIPLETED • AND STORED BALANCE RET.kINAGR ITEM . SC Rom pREvious TO DESCRIPTION OF W HEDULED 3K VARIABLE1 NO. \ILUE APPLIUDON THIS PERIOD STORF.D (NOT IN To DATE f.G C) FINISH RATE) E1 DORE) (DE+F) J C-G) Tr- AL&Docuvar IiO3•CONFINUAIION SHEET F0 GE'19 EDITION•Al2.•©!99.•THE Ar-..mcg INSTIT17.7 or,s_Krill'FLTS,1735 ATWE, ZENGTON,D.C.20`.T5292 WAIVING:Unit:eased phobooNiog msUarptthwandvn1I subleot the violltor to 41 prose:dim. G703-1992 CAUTION:You should use an Original AEA document which has this catrUon printed in red,An original assures that changes will not be obscured as may occur when documents are reproduced. The Shelter for Abused Women and Children,Inc. DRI 08-15 Main Facility,Garage Door Replacement Page 43 of 43 Packet Page -1556- 5/27/2014 16.D.16. Grant#l0.DB-D4-09-21-01-K09 CFDA/CSFA# 14.228 Subrecipient—The Shelter for Abused Women and Children,Inc. DUNS # - 836680769 FETI # - 59-275895 Fiscal Year End: 6/30 Monitor End: 11/2019 AGREEMENT BETWEEN COLLIER COUNTY AND The Shelter for Abused Women and Children, Inc. Options Thrift Shoppe Hurricane Hardening THIS AGREEMENT is made and entered into this 27th day of May, 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "The Shelter for Abused Women and Children, Inc." A private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at P. O. Box 10102, Naples, Florida 34101. WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Economic Opportunity; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income by addressing hurricane impacted housing, storm mitigation, public facility and community development needs; and WHEREAS, The Board of Commissioners of Collier County approved the Collier County Agreements with the Florida Department of Economic Opportunity (DEO) for grant #10DB-D4-09-21-01-K09 in the amount of $9,963,201.00 in Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) Funds on May 25, 2010, Item No. 16.D.10. WHEREAS, the County and the Subrecipient desire to provide the activities specified in Part "I" of this agreement, in accordance with the approved Disaster Recovery Initiative Subgrant Agreement, approved by the County; and WHEREAS,the County desires to engage the subrecipient to implement such undertakings of the Disaster Recovery Initiative Grant Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I The Shelter for Abused Women and Children,Inc. DRI 08.14 Options Thrift Shoppe,Hurricane 1-hardening Page 1 of 43 Packet Page -1557- 5/27/2014 16.D.16. PART )C SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the DRI program, will make available DRI funds up to the gross amount of 201,300.00 to The Shelter for Abused Women and Children, Inc. to fund construction activities at the Options Thrift Shoppe in Naples. 1.1 SPECIAL GRANT CONDITIONS A. Within 30 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the environmental review and infrastructure construction. B. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. C. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds: 1. Affirmative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action/Equal Opportunity Policy 4. Conflict of Interest Policy 5. Residential Anti-displacement and Relocation Policy 6. Sexual Harassment Policy 7. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) 8. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. 794) 1.2 PROJECT DETAILS A. Project Description Improvements Federal Funds Project Component 1: The construction cost and associated costs of $196,000.00 fees associated activities and permits necessary to replace the roof, The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 2 of 43 Packet Page-1558- 0 5/27/2014 16.D.16. - windows cmd exterior doom al the (2lions Thri t Shoppe, Project Component 2, The cost of the HUD required Environmental 45,300.00 Assessment. 'rota': — — — _ — 4201,300.00 The detailed project scope will he contained in the schedule of values awarded in the projects construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. Should there be any variation between the initial proposed construction and the eventual award for the construction the associated construction agreement will prevail for reimbursement. The project will accomplish the replacement of the roof, the windows and exterior doors at the Options Thrift Shoppe, Project Tasks I. Maintain documentation en.LMC served in compliance with 24CFR 570.208(a)(2) 2. Provide monthly reports on progress and national objectives 3. Provide Environmental Review Assessment 4. Provide Site Design and Specifications 5. Prepare Bid Specifications and Engineer's Cost Estim.atc 6. Obtain Sealed Bids and provide procurement documentation 7. Provide Certified Payroll and Interview Forms on a weekly basis 8. Submit invoices to HI-IVS for environmental and construction B. National Objective The grant funds awarded to the Shelter for Abused Women and Children, Inc. will benefit at least 51% Low to Moderate Income Households. As such the Subrecipient shall be responsible for ensuring that at least 51% percent of the beneficiaries meet the definition of Clientele Benefit Activities at 24 CFR 570,208(a)(2). C. Project Outcome The project will replace the roof, windows and exterior doors at the Options Thrift Shoppe, D. Performance Deliverables The Following Table Details the Project Deliverables L_ Program Deliverable Deliverable Supporting I Submission Schedule The Sheller for Abused Women find Children,inc. DRl 08-I d Options Thrift Shoppe,Hurricane Hardening Page 3 of 43 Packet Page -1559- 5/27/2014 16.D.16. Documentation Special Grant Condition Policies Policies as stated in this Prior to the disbursement of (Section 1.1) agreement funds Insurance Insurance Certificate Annually within 30 days of renewal Detailed Project Schedule Project Schedule Within 30 days of Agreement Execution Project Plans And Specifications Engineer Site Plans Prior to Invitation to Bid Invitation to Bid Sealed Bid Documents Prior to Invitation to Bid Submission of Progress Report Exhibit D Monthly and Annually thereafter until 11/2019 Financial and Compliance Audit Exhibit E Annually 180 days after FY end Continued Use Certification Continued Use Affidavit Annually until 2019 Program Income Reuse Plan Plan approved by the County Annually until 2019 E. Payment Schedule Payment Deliverable Payment Submission Schedule Deliverable/Documentation Project Component 1: The • Construction: Submission of • Monthly construction cost and costs supporting documents must be of permits necessary to provided as back up as replace the roof, windows evidenced by, but not limited and exterior doors at the to, signed AIA G702-1992 Options Thrift Shoppe in form(attached as Exhibit"G") Naples, Florida. or equivalent document accompanied by the contractor's Schedule of Values, proof of payment and associated photos. Exhibits "B"and"C" if applicable. • 10% Retainage will be • Submit request withheld with each request for after final close payment and will be released out monitoring upon completion of activities clearance and final close out monitoring Project Component 2: The • Environmental Assessment • Pending: HHVS cost of the HUD required document,proposal, invoice, Consultant Environmental Assessment Proof of Payment and Exhibit"B" review and for the Thrift Shoppe DEO approval 1.3 TIME OF PERFORMANCE The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 4 of 43 Packet Page -1560- ��b� 5/27/2014 16.D.16. Services of the SUBRECIPIENT shall start on the effective date of Modification #9 of DRI Subgrant Agreement #IODB-D4-09-21-01-K09 and end prior to the end date of the same agreement, as extended by modification to the DRI Subgrant Agreement. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Two Hundred One Thousand Three Hundred Dollars and No Cents ($201,300.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the foretasted amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with Board approval. All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup. a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 5 of 43 Packet Page -1561- 5/27/2014 16.D.16. for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70,Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s)listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non-Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Lisaoien @colliergov.net 239-252-6141 SUBRECIPIENT ATTENTION: Julie Franklin, Director P. O. Box 10102 Naples, Fl. 34101 j fanklin@naplesshelter.org 239-775-3862 IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. The Shelter for Abused Women and Children,Inc. DR!08-14 Options Thrift Shoppe,Hurricane Hardening Page 6 of 43 (q) Packet Page -1562- 5/27/2014 16.D.16. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: TOM HENNING,CHAIRMAN The Shelter for Abused Women and Children, Inc. Dated: (SEAL) By: Julie Franklin, Director Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney j vyP l t The Shelter for Abused Women and Children.Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 7 of 43 Packet Page -1563- 5/27/2014 16.D.16. PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by CDBG regulations B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. . C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for six (6) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the six (6) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 8 of 43 Packet Page -1564- try 5/27/2014 16.D.16. informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. For Area Benefit activities, the SUBRECIPIENT will maintain documentation on the low-to-moderate benefit to the area by census tracts served. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will cany out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 9 of 43 Packet Page -1565- 5/27/2014 16.D.16. of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General,the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by recipients, subrecipients, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance(TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of five percent(5%)of the awarded amount be returned to the Department, at the discretion of the County. o The entity may be considered in violation of Resolution 2013-228 The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 10 of 43 Packet Page -1566- , 5/27/2014 16.D.16. 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail; the Department may require a portion of the awarded grant amount be returned to the Department. o The Department may require upwards of ten percent(10%) of the awarded amount be returned to the Department, at the discretion of the County. o The entity will be considered in violation of Resolution 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. o The entity will be considered in violation of Resolution 2013-228 If in the case the Entity has multiple agreements with the Department and is found to be non- compliant, the above sanctions may be imposed across all awards at the County's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit monthly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D-1". Exhibit "D-1" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. The Shelter for Abused Women and Children, Inc. DR1 08-14 Options Thrift Shoppe,Hurricane Hardening Page 11 of 43 Packet Page -1567- , 5/27/2014 16.D.16. PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR • Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMEND M N1S The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule The Shelter for Abused Women and Children,inc. OR!08-14 Options Thrift Shoppe,Hurricane Hardening Page 12 of 43 Packet Page -1568- 5/27/2014 16.D.16. of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may subject to CDBG regulations, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 13 of 43 Packet Page -1569- �'I; } 5/27/2014 16.D.16. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY L.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO), AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size Ietters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made,the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIFNT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and The Shelter for Abused Women and Children,Inc. DRT 08-14 Options Thrift Shoppe,Hurricane Hardening Page 14 of 43 Packet Page-1570- 5/27/2014 16.D.16. G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right(nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppc,Hurricane Hardening Page 15 of 43 Packet Page -1571- 5/27/2014 16.D.16. 3.11 ADMINISTRATIVE REQUIREMENT'S The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of the Collier County Purchasing Policy Purchasing Threshold Policy Dollar Range (S) Quotes Under$3K 1 Written Quote Above $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid(IFB) 3.13 PROGRAM-GENERATED INCOME Any "Program Income" (as such temr is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 16 of 43 Packet Page-1572- 5/27/2014 16.D.16. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 17 of 43 Packet Page -1573- 5/27/2014 16.D.16. provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUN T Y's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The Shelter for Abused Women and Children,Inc, DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 18 of 43 Packet Page -1574- �: 5/27/2014 16.D.16. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK • The Shelter for Abused Women and Children.Inc. DRI 08-14 Options Thrift Shoppc,Hurricane Hardening Page 19 of 43 Packet Page -1575- 5/27/2014 16.D.16. PART IV GENERAL, PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/nart-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ccfr.tgov/cgi-binitext- idx?c=ecfr&tpl=!ecfibrowse/Tille24/24cfr58 main 02.tn1 4.3 Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/l1UD?src—/program offices/fair housing edual opp/h'H Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://wvvw.hud.gov/offices/fheollihrary/huddojstatemcnt.pdf E.Q. 11063 —Equal Opportunity in Housing httn://portal.hud.nov/hudportal/1IUD?src=/program offices/fair housing equal opp/FH Laws'EXO 1 1063 E.O. 11259 -Leadership & Coordination of Fair Housing in Federal Programs http://www.archiyes.<tov/federal-retrister/codification/executive-order/12259.html 24 CFR.Part 10-;7 -Non Discrimination and Equal Opportunity in Housing'under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.eov/hudportal/HUD?src=/progntni offices fair housing equal oop!proe dese/title8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://vww.upo.uov/fdsys/pkt_r/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3- sec570-602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.ceoe.goviceoe/history/35th/thelawleo-11246.html EO 11375 and 12086: see item #8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC § 2000e, et. sec", The SUBRECIPIENT will, in all solicitations or The Shelter for Abused Women and Children.Inc. DRI 08-14 Options Thrift Shoppc,Hurricane Hardening Page 20 of 43 Packet Page -1576- 5/27/2014 16.D.16. advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. hup://www.eeoc.2ovflaws/statutes/titlevii.cfm 4.9 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrill Shoppe,Hurricane Hardening Page 21 of 43 ,/ Packet Page -1577- �._. 5/27/2014 16.D.16. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http:/lwrw.ecfr.govic�i- bin/text-idx?c=ec fry i pl=lecfrbrowse/Title24/24cfr135 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.rrov/oasam/reres/statutes/aec act.htm 11063:http:!/portal.hud.tzov/hudportal/HUD?src=/proffam offices/fair housin<e eoual o np/FIILaws/EXO l 106 3 11246: http://wvv'w.eeocAlov!ceoc/history/35th/thelawlco-11246.htnil 11375: Amended by EC, 11478 11478: http:/!www.archives.eeov/federal-register/codifi cation/executive-order/11478.html 12107: http://www.archives.eov/federal-register/codification/exeeutive-order/l2107.html 12086: http://www.archives.eov/federal-renisterl codification!executive-order/l2086.html 4.11 Contract Work Flours and Safety Standards Act, 40 USC 327-332. http://usaceerwineerinenarnplets2.tpub.coni/EP-1 180-1-1/EP-1180-1-1 0012.htnm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://www.epa.2ov/civilriurhts/sec504.htm 29 USC 776: http://la w.onecle.com/uscode/29/776.htm1 24 CFR 570.614: http://www.law.corneiLedulcfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.<eov/realestate/ualindex.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http:/lwww.thvva.dot.uovlrealestate/ualindex.htm 4.15 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in whole or in part byLoans or Grants from the United States- http://www.lamp=.cornell.edu/cfr/textt29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http://www.is w.cornell.edu/cfrltext/29lpart-5 The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 22 of 43 Packet Page -1578 ; ' 5/27/2014 16.D.16. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http:l/wvv w_presidencv.ucsb.edu/wslindex.php?pid=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise fittn://www.mhda.2ov/nodel333 HUD Circular Letter 79-45: No reference found 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http://www.epo.4.ov/fdsyslpkQ/CFR-2010-title24-vol3!ndf/CFR-2010- title24-vol 3-sec570-608.pdf E.O. 13279: httn://fehovcontracts.com/ne02-1 92.htm 4.18 Public Law 100-430 -the Fair Housing Amendments Act of 1988. http://w vw.nebi_nlm.nih.eov/pubmed/i 2289709 4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: htt)://www.law.cornell.edu/cfritext/24/.art-84 • Subpart A—General; • Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C—Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment—In lieu of the disposition provisions of 84.34(g) the following applies: ■ In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and The Shelter for Abused Women and Children. Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 23 of 43 Packet Page -1579- 5/27/2014 16.D.16. • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: ■ The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be six years; and ■ The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. http://vavw.ecfr.gov/e gi-binitext- idx?c—ec fr&tpl=lecfrbrowse/Title24/24cfr85 main 02.tpl 4.21 Immigration Reform and Control Act of 1986 http://vv'yvw.eeoc. 7ov/eeoc/history/35th!thelaw/irca.htmi 4.22 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - htip://www.lawserver.conn/laid/state/floridalstatutes/florida statutes chapter 112 part iii Collier County - http:/,tbccs 01/Site.Directory/ASD/HRllabor/C1v1As!Shared%20Documents/CMA%20531 1.1%20Standards°1o20oP 20Conduct.pdf 4.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 24 of 43 Packet Page -1580- 5/27/2014 16.D.16. 4.24 Venue-Any suit of action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. http://www.flsenate.gov/Laws/Statut es/2010/44.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.ecluluscodeitext142/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornel Led u/useode/tex t/33/chapter-26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text>'42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. httn://www.Iaw.cornelI.edu/uscode../text/33/chapter-26 4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment(LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. http://www.ecfr.oov/cgi-bin/text- idx`.?c=ecfr&SID=eha40bdb52822c180S27a 4Shced5b0b56&r<_,n=divS&view=text&node=2 4:3.1.1.3.4.11.1.6&idno=24 4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- The Shelter for Abused Women and Children.Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 25 of 43 Packet Page -1581- 5/27/2014 16.D.16. Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http:/iwww.ecfr.eov/cCri-biniteat- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5h0b56&ran=div$&vie\v=texI&node=2 4:3.1.1.3.4.11.1.9&idno-24 4.29 The SUBREC1PIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.uov/history/local-law/nhpa 1966.htm http://w vw.ecfr.uov/cgi-i inite x t- idx?c=ecfr&tpl=/ecfrbrowselTitle36/36cfr800 main 02.tol In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list, htto://www.nps.govhistoryilocal-lawhlipa1966.1rim 4.30 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). http://us-code.vlex.com!vid/drupe-free-workplace-requirements-contractors-19242870 4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. bun://vvww.ecfr.rov/ct3i-binitext- dx?c—ecfr&S1D=eba40bdb52822d80827a48bced5bOb56&.ran=div8&::view=text&node=2 4:3.1.1 .3.4.11.l.10&idno=24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements The Shelter for Abused Women and Children,Inc. DRI 0S-14 Options Thrift Shoppe,Hurricane I lardening Page 26 of 43 Packet Page -1582 , 5/27/2014 16.D.16. OMB Circular A87: http://www.whitchouse.izov/omb/circulars a087 2004/ OMB Circular A102:http:!/www.whitehouse,i2ov/omb/"circulars a102/ OMB Circular A21:http://yvww.whitehouse.gov/omb/circulars a021 2004/ OMB Circular A110:http://www.whitchouse.aov/omb/circul€rs alit)/ OMB Circular A122: http://www.whitchousc.eov/omb/circulars al22 2004/ 4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://yvww.whitehouse.aov/omb/circulars/a13 3 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost;the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. http://w ww.ftrwa.dot.eov/realestate/ua/index.htm httu://www.law.comell.edu/efiltext/49124.101 http://cfr.vlex.com/vid!570-505-use-real-property-19928754 4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http:!/w\vw.lawservcr.cons!lawlstate/florida/statutes/florida statutes 287-1 33 4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering The Shelter for Abused Women and Children, Inc. DR1 08-14 Options Thrift Shoppe,Hurricane Hardening Page 27 of 43 Packet Page-1583- � ` 5/27/2014 16.D.16. into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will he paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.38 Any rule or regulation determined to be applicable by HUD. 4.39 Florida Statutes 713.20, Part 1, Construction Liens http://ivwyv.lea.state.fl.us!Statutes/index.cfm?App mode=Display Statute&UR.L=0700- 0799/0713/0713.html 4.40 Florida Statutes 119.021 Records Retention lhttp://www.lawser-ver.com/law/state/florida/statutes!florida statutes 119-021 4.41 The Disaster Recovery Initiative Agreement#10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity by reference are incorporated into this agreement. J:Grants/DRI 2008 TS Fay ( K Grant)/Agreements/DCA DRI 2008 original grant agreement executed.pdf 4.42 Florida Statutes, 119.071, Contracts and Public Records lutp://www.leg.state.fl.us/Statutes/index.cfm?App mode—Di splav Statute&URL-0100- 0199/0119/Sections/0I 19.07.html The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe.Hurricane Hardening Page 28 of 43 Packet Page -1584- 5/27/2014 16.D.16. PART V DISASTER RECOVERY WAIVERS "Waivers and Alternative Requirements for Grants Under the Supplemental Appropriations Act,2008" (Federal Register/Vol. 74,No. 29/Friday,February 13,2009/Notices[FR-5256—N-011). Relevant Waivers including, but not limited to: 5.1 Overall benefit waiver and alternative requirement. (2) 5.2 Citizen participation waiver and alternative requirement. (5) 5.3 Modification requirement for consultation with local governments. (6) 5.4 Duplication of benefits. (10) 5.5 Waiver and alternative requirement for distribution to CDBG metropolitan cities and urban counties. (11) 5.6 Program income alternative requirement. (12) 5.7 Note that use of grant funds must relate to the purposes of the Second 2008 Act. (13) 5.8 Waiver of performance report and alternative requirement. (14) 5.9 Recordkeeping. (16) 5.10 Change of use of real property. (17) 5.11 Housing-related eligibility waivers. (19) 5.12 One-for-one replacement of units damaged by disaster. (21) 5.13 Flood Buyouts. (22) PART VI EXHIBITS The Sheller for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 29 of 43 Packet Page -1585- 5/27/2014 16.D.16. EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing. Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%)percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hun•icane Hardening Page 30 of 43 Packet Page -1586- 5/27/2014 16.D.16. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 31 of 43 Packet Page -1587- 5/27/2014 16.D.16. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Sub recipient Name: The Shelter for Abused Women and Children, Inc. Sub recipient Address: P. 0. Box 10212 Naples,FL 34101 Project Name:Options Thrift Shoppe,Hurricane Hardening Project No: DRl 08-14 Payment Request 1 Dollar Amount Requested: $ 201,300.00 Date: Period of Availability: effective date of DRf grant 1110013-D4-09-21-01-K09 Mod 119-12/21/2014 or as modified_ Period for which Agency has incurred indebtedness: through SECTION IT: STATUS OF FUNDS 1. Grant Amount Awarded $ $201,300.00 2. Sum of Past Claims Paid on this Account 3. Total Gram Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6, 10%Retainage Withheld 7. Payment amount for this request 8. Current Grant Balance(initial Grant Amount Awarded Less Sum of all requests, including retainage) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director (approval required$15,000 and above) The Shelter for Abused Women and Children,Inc. DM 08-14 Options Thrift Shoppe, Hurricane Hardening Page 32 of 43 Packet Page -1588- 'NI)) 5/27/2014 16.D.16. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, Iands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 —Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's Request for Payment. The Shelter for Abused Women and Children,Inc. Witness: BY: BY: ITS: Project Manager DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 33 of 43 Packet Page -1589- 5/27/2014 16.D.16. EXHIBIT "D" Exhibit "D" contains four(4) monthly reporting forms • The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 34 of 43 Packet Page -1590- 5/27/2014 16.D.16. D-1 CDBG/DISASTER RECOVERY MONTHLY PROGRESS REPORT Complete form for the current month and submit to Housing&Human Service's staff by the 26th of each month. Status Report for Month of Submittal Date: Project Name Options Thrift Shoppe, Hurricane Hardening Project Number: DRI 08-14 Activity Number: 14E Rehabilitation Commercial Subrecipient:The Shelter for Abused Women and Children. Inc. Contact Person Julie Franklin, Director Telephone: =34-775-E:S 62 E-mail: ifrankiin/it nanIessheltcr.or<_ 1. Activity Status/Milestones(describe any action taken, relating to this project, during the month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 35 of 43 Packet Page -1591- 5/27/2014 16.D.16. ri Accomplishments and benificiaries Monthly Reports I __-_-__ / _ Total Units |--- �*d/wo --- ______ 1o.v"coo"x January February March Document ----------- �— ---'- --- May June July August _r_ _ September October November December Total Beneficiaries Projected Beneficlarles Complete /Month Number of Beneficiaries January February March April LMI LMI Please list the total LMI TOTAL — beneficiaries for each month In May June July August the top box. LMI While listing the total amount - TOTAL of beneficiaries in the lower box September October November December _ __ uw _ TOTAL uw ---------__–___. /� - -_- --- .��z. i•i, i TOTAL: ^uw/~�°m"wum"u/m"m"p.om` ---- • !— Households, / m*/o"","h.u","�""�a Households Month -------- ----- ! " w".^»e'o/ xou`c^ums *nu*, February March April � i '' — ! _ _ . . ___ May JuJuly e �" August --- ------'--' | S"�,av/�mox"mm". --- __- ___ ! Se^,"mu^, October November December ", |_ —u^re • ; _ ___ _ �� -� TOTAL:' | � . , lleyxelter br Abused Wont en arid Clii kicen, /we, op1O8'|4 Options Thrill.ohvpre, Hurricane Hardening Page 36uf43 • Packet Page -1592- z.: 5/27/2014 16.D.16. 0-3 summary of All Beneficiaries by Race Monthly Report January Year. !Summary of All Beneficiaries by Race(reported for Fair Housinet and EO purposes,Race Is determined by head of household, IROOre1 Code Served ihla Month Carved to Date Reolel Serie Served this Month Carved to Date 'White(I I) O American Indian or Alaskan Native and Wilde(16) '0 African/merlon(12) 0 Asian and White(17) 0 Asian(13) 0 African Amerkall and White(18) 0 American lotion Alaskan Native(14) 0 AmericanI ndiat/Alaskan Natneand African American(39k 0 Native.Hawaiian Pacific Islander(I5) OOther 714111-tarsal(20) 0 February year. Isummary of All Beneficiaries by Race(reported for Fair Housing and EO purposes.Race is determined by head of household. , Racial Code Served this Month Served to Date 0001.1 Code Served this Month Served to Date White(II) O American Indian or Alaskan Name arta White(16) 0 African American(1T) 0 Asianand White(17) O Asian 113; 0 African American aril White(1S) O American Indian or Alaskan Native(14) 0Annerlcan:Indian/Alaskan Native and African American)19) 0 (Native Hawaiian Parton islander(15) 9 Other NUlti-ractal(20) 01 htnrot bear. Summary of All Beneficiaries by Race(reported for Fair Housing and ED purposes).Race Is determined by head of household. Realer Code Served this Month Served to Deka Rachel Code 'Served this Month Served to Date White(it) 0 American lidianor.Alaskan native area White(16) Cr African Amerirani(12) 0 Asian end White(17) 0 Asian(13) 0 African American and White(18) 0 American Indian or Alaskan Native(le) 0 American lndlan)Ateakan halve.aixl African American(19) 0 - Naha:Hawaiian Pacific Islander(15) 0 Other Mold-racial(20) 0 April Year: Summery of All Beneficiaries by Rasa(reported for Fair Housing and ED purposes.Race is determined by head of household, 5001.1 Code Served this Month Served to Date Rectal:toede Served tale Month Served to.Date White(13) 0 American Indian or Alaskan Native and Write(16) 0 AhicanAmerrcan Ox) :0 Asian and White(17) 0 Asian(13) 0 African American awl White(38) 0 American Indian Om Alaskan Naive(14) :O American Irdian/Alaskan Native.and African Amerkan(IN) 0 Native Hawaiian Pacific Islander(15) O)(Wtei idula-racial(20) 01 May Year Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes,Race is determined by head of household. Radial Code Served this Month served to Date Radial Code Served this Month Served to Dab Whim (11) 0 American Irralranar:Alaeknn Native and White(16) 0 African American(12) 0 Asian and Wrote(fry 0 Asian 113) O African American and White.(18) 0 American Indian or Aiaskan Mawr(t4) 0 American Indian/Alaskan Native end African Amerkan(1.9) 0 Naivr_Hawaiian Patine Slander(t5) OOtter Multi-rectal(20) '0 June Year. Summary 01,411 Beneficiaries by Race(reported for Fair Housing_and.EO purposesl.Race Is determined by head of household, Radial Code Served Wis Month Served in Dete Radler Code (Served Otis Month Served in Date White(11) a Amerkan Indian Of Alaskan Natweatd White(16) 0 African American(12) O Asian and White(t)) '0 Asian(13) O African American and White:(18) 0 `American Indian m Alaskan flab.(14) OAnierican India niAlaskan Native and Archon American 19' i 'Native Hawaiian Pacific Wander(15) f OlOher Multi-racial(20) �� July Year. !Summary of All Beneficiaries.by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Reoial Cade Served this Month Served to Data (Racial Code Served this Month .sowed to Dote Whim(11) 0 American DM.orAlaskan Native and White(16) 0 African American(12) 0 Asian and White(17) 0 Asan(13) :0 African Amencen end Write(I8) 0 American!mean Alaskan Native(14) 0 American lndiarbAlaskan Native and African American(19) 0 Native Hawaiian Pacific Slander(15) 0 Other Multi-radar(20) - - 0 Mawt Year Summary of All Beneflobariesby Reoe(reported for Fair Housing and EO purposes).Race Is determined by head of household. Racier Code Served this Month Served to Date Racial Code Served this Month Served to bate While(51) 0 American Indian or AlaskanNab.a and Wlihe(15) 'O Africanemetican.(12) 0 Am.met White'.(17). 0 Asian(13) 0 Afrfcae American and White(18) '0 American Indian Or Alaskan Native(14) 0 American tixNaNAiaskan Native and African American(14) 0 sative Hatlalian Pacific Islander 115) 0 Other Ruin-racial(70) 0 September Summary of All Beneficiaries by Race(reported for fair Housing and EO purposes).'Race is determined by head of household. Racial Cade Served this Month Served to Date Reeler Code Se woo this Month Served le Date While(1I) O,American Wiener Alaskan Native and White(16) 0 African American(12) Cr Asian and White(17) 0 Asian(13) 0 AN teen Ameriranenl What(18) it American Loran or Alaskan Native(14) : O)AmmicanIrdian/Alaskan Native end African American(In) 0 Native Hawaiian Pacific Wander(15) nIOther Attett-recta((30) 0, Ormher Year. Summary of All Beneficiaries.by Race(reported Tor Fair Housin-and EO purposes)..Race Is determined by header household. Racial Code Served this Month Served to Date Racial Code Served Mit Month Served to.Date Whim_(II) 0 Amer kan Indiana.tdaskan Native and While(16) 0 African American-(12) 0 Asian and White(17) P. Asian(13) 9 African American and WNta(18) O American Indian or Alaskan Name(14) 0 American:lydiANAlaskanNative and African American(193, 0 n Native HatvaiiaPacific klarder(15) 0 Other MUid-ream(20) 1 '0 Nevemher Year. Summary of All Beneficiaries by Race(reported for Fair Housing and EO purposes).Race is determined by head of household. Racial Dade :Served this Month Served to bate Racial Cede Served Ms Month Served to Date White'(11) 0 American lndiagoi Alaskan Native and White(16) 0 AINOn AmerlAtrt(12) 0 Asian and White 117) 0 Asian(13) 0 African American and White'(1S) 0 Ameican Indian or Alaskan Native(14) 0 American:lndian/Alaskall Native and African American(19) 0 Native'Hawaiian Pacific Slander(15) _ 0)0ther IOttcracial(20) 0 Dezember Year: Summary of.All.Beneficiaries by Raoejrepotted for Fair Housing and EO purposes).Race Is determined by head of household. Radial Code Served thief/tenth Seined to Date Racial Cede Served Bt s Month Served to Data The vim.(1t) 0 American Indian or Alaskan Native and Mee(16) 0 r�rJ Atriran American(12) 0 Asian and White(17) O DKMain(13) 0l AfncanAmerreanand Who(16) 0 OptIndian et Alaskan Nerve(14) 0 American am African Native a African American(19) 0 Opt Native Hawaian Pacific Islander(15) OlOther Multi-venial(20) I 0 Packet Page -1593- 5/27/2014 16.D.16. D-4 Contractor information for Section 3 and MBE,Subrecipient Monthly Report (&)Subcontractor I9)Contract Period 1121 Comratlor Procurement Compliance Checklist 1 Prime MI'Sammie (11)19e el Trap Contralto lnlomsation t6)Conkacior! n IDs Contact/ 11,71 orSvbmntnttar ( )Sectian3 I (ontraROrtDa la}Start Date !h)Cnd U Date Racial Ethnic Di (141W412 111141 (15)Small 116)Dam""n) Is. Subcontract !See R01) (YIN) Business{Y/N) DIN i 71!See Right} Name Sheet City State&Lp Code Name Street tm State&Le Code Name Street City Stale&Lp Code 8)When subcontractor used,information 11)7 yhd of fade Codes: 12)Nasal Ethnic Cedes n columns tamugh 16 moureftecl the 1=Ne1r Constrodon tincttrdes horning rehab ua:er,and 1•lffide American suefMltactor YlhMmatinn,not mepnme 1e11Cr) 2=Bieck American contractor's information;ado indeed prime 2=Educati0n/Treinng 3=NatirAmman contractors 10 number =Oderlinckdes supply,pvkasdnal saMees and ober 4=KSpenicAmerican b,dea except constractonand adondeMranmg) 5=A622J?aafi2Aner2an 6=Nankin lees 7-Drier The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 38 of 43 PacketPage -1594- 5/27/2014 16.D.16. 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. Name Fiscal Year Period Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending O 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: LI 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. Of findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 39 of 43 Packet Page -1595- °J 5/27/2014 16.D.16. EXHIBIT "F" AIA G702-1992 Form A form significantly resembling the AIA document in this EXHIBIT shall be used for Contractor Payment and subsequent Subrecipient reimbursement The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 40 of 43 Packet Page -1596- 5/27/2014 16.D.16. PJ; m ® Document 7021M-- 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA Document 6702,Application and Certificate for Payment, is to be used in conjunction with ALA Document G703,Continuation Sheet.These documents are designed to he used on a Project where a Contractor has a direct Agreement with the Owner.Procedures for their use are covered in AIA Document A201,General Conditions of the Contract for Construction. Use of Current Documents Prior to using any ALA Contract Document,users should consult www.aia.org or a local AlA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not he reproduced or excerpted front without the express written permission of the AIA.There is no implied permission to reproduce this document,nor does membership in The American institute of Architects confer any further rights to reproduce this document. The ALA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G702, but only for use in connection with a particular project.The AlA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AiA software. Licensed AIA software users should consult the End User License Agreement(EULA). To report copyright violations of ALA Contract Documents,e-mail The American institute of Architects'legal counsel, copyright @aia.org. COMPLETING THE G702 FORM After the Contractor has completed ALA Document 6703,Continuation Sheet,summary information should be,transferred to ALA Document G702,Application and Certificate for Payment. The Contractor should sign 0702,have it notarized,and submit it.together with G703,to the Architect. The Architect should review G702 and 0703 and,if they are acceptable,complete the Architect's Certificate for Payment on 6702. The Architect may certify a different amount than that applied for,pursuant to Sections 9.5 and 6 of A201.The Architect shte-1'4 then initial all figures on G702 and 0703 that have been changed to conform to the amount certified and attach an explanation.The 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 ALA Document 6702, Application and Certificate for Payment.The completed form contains the name and address of the Contractor_ Payment should not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting(i.e.,president,secretary,partner,etc.)and the authority under which they are executing the document.Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AEA Document G762TTS—1992.Copyright 1953,1963.1965.1971,1978.1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AlA5 Document is protected by U.S.Copyright Law and International Treaties_Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten 110)copies of this document when completed.To report copyright violations of AEA Contract Documents,e-mail The American Institute of Architects'legal counsel, copyright @aia.org. The Shelter for Abused Women and Children, Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 41 of 43 Packet Page -1597- 5/27/2014 16.D.16. rla. ocument °t -� Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution PERIOD TO: OWNER i CONTRACT FOR: ARCHITECT 1 FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR PROJECT NOS: / / FIELD OTHER CONTRACTOR'S APPLICATION ION FOR PAYMENT O r u,Icrsiend Contractor certifies that to the hest of the I utilracirn's know ledge.inlonnat:: Application is made l+�r payment.as shown below.in rnnnection;eith the Contrazt. and belief the Work covered by ark Application for Payment ha',been completed in accordm with the Contract Document;,that all amount.:have been paid by the Contractor fur Work Continuation Sheet.Al4 Drrcunreut G7113.is attached. which previous C'endicates for Payment were issued turd pay rents received from the Owner. 1.ORIGINAL CONTRACT SUM S that current payment shown herein is nor;doe. 2.Net change by Change Orders S CONTRACTOR: 3.COM'RACT SUM TO DATE{Line 14 2t C„ fly: Data 4.TOTAL COMPLETED&STORED TO DATE(Column G ors 07031 C Stair td: 5.RETAINAGE: County of: a. `;=of Completed Work Subscribed and sworn to before (Column D t F.on G703) S me this day of b. rd of Stored Material (Column F nti G103 S Notary Public: My Commission expires: Total ltetainege(Lines or ih or Total in(OM=i of G703i a C.TOTAL EARNED LESS RETAINAGE ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 leas litre 5'total) In accordance with the Contract Documents.based on on-site disci rations and the data commis 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 11th application,the Architect certifies to the Owner that hr the hest of the Architect's knureled information and belief the Wort: has progressed to indicated, the quality of the Work is (Line 0 from prior Certificate) accordance wciih the Contract Documents. and the Cnntr,.chtt is entitled to payment of S.CURRENT PAYMENT DUE SS AMOUNT(TOIII LLD. 9.BALANCE TO FINMSH,INCLUDING RETAINAGE AMOUNT CERTIFIED S (Line 3 less Line G) S (Atla,In csl)/auatimr if uamtmr certifier/dittoes frrnrr tlrr araorrrtt applied Initial all frpres n,r/nil ----_ _— .'t/'/rl icatirrr inuf an thr C'nutimratirrn Sheet then are chttn,ncrl to conform;IA the amount ccr'rn)rO CHANGL ORDER SUMMARY ADDITIONS I DEDUCTIONS ARCHITECT: Total chasers approved in previrrrr months by Owner IS By: Date' Total approved tEL Month (S Is TO'1-ALS IS a This Certificate is not negotiable.The AMOUNT CERTICIFD is parahlc only to th e Contrai named herein Issuance p))went and acceptance of plum,m arc without prejudice to any right) NET CI IANGES Inn Ciraurnc Order S the Owner or Contractor andcrthisContract AlA Document 07021u-1992.Copyright Cr,1953,1953,1955.1971,1978,19x3 and 1992 by Inc American t clirine o!Architect;All rights reserved.t'1 tr` :,.. ,. .,;a, Purchasers are t;en r3ed to reprcduce ten tip)coe•en of this document circa conrnteied l o repair copyright u.o.at:on,o'MA Contract Document c,ra l The American Insrunte of A one _.,Imje counsel cop}Trh:i aa.org. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 42 of 43 Packet Page-1598- 5/27/2014 16.D.16. CONTINUATION SHEET AR DOCUMENT G703 (instnictiors on reverse.side) PAGE Or PAGES AL A Document 07C,APPLICATION AND CERTIFICATE FOR PAYMENT. APPLICATION No.: condoing Contractor's signed Cerdication.is attached. APPLICATION DATE: In Ububtions 211101111tS 21e Rated to the nearest dollar. PERIOD TO: Use Column I on Contracts where rari2bLe re2Mage for lice items may apply ARCHITECT'S PROJECT NO.: B C D WOE COMPLETED MATERIALS TOTAL PRESENTLY COMPLETED ,„ BAuNcE . KETAINAGE ITEM SCHEDULED FROM PREVIOUS TO DESCKPTION OF WORK (IF\ARIABLEI NO. VALLE APPLICATION 'ES PERIOD To DATE (G c; FINISH (ySID0TREIND AND STORED , BA:Ei (D 4 E) D OR EI (D-E#F) -G) 17-• AlA DOCUIBT CONTINUATION SHEET FOE GT:•19:,`2.EDITION•AIA •0991•TE Ammcg.ItqliTta .s:KRITEa-3735 N'ET YOE ATNUE yn,kViLNGTON,DC.2UP. .n• Unboensed photocopying viothtes US.coppight lews aid Mb subject the viothtor to legal thosenition. G703•1992 .„„„. CAUTION:You should use on original A1A document which has this caution printed in red.An original assures that changes will not he obscured as may occur when documents are reproduced. The Shelter for Abused Women and Children,Inc. DRI 08-14 Options Thrift Shoppe,Hurricane Hardening Page 43 Of 43 Packet Page -1599- 5/27/2014 16.D.16. May 27, 2014 Garry Thomas, Government Operations Consultant II Florida Department of Economic Opportunity Caldwell Building 107 E. Madison Street, MSC-400 Tallahassee, FL 32399 Re: Disaster Recovery Initiative Contract#10DB-D4-09-21-01-K09 Modification #9 Dear Mr. Thomas: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement#10DB-D4-09-21-01-K09. Requested changes will facilitate expending the grant funds and allow Collier County to address certain Disaster Recovery needs in the Community. This modification will accommodate the following activities: • Revise activity work plans • Revise the Budget and Scope of Work • Change number of accomplishments and beneficiaries • Add five new Service Areas The enclosed modification was approved by the Board of Collier County Commissioners at a regularly scheduled public meeting on May 27, 2014. Sincerely, Tom Henning Chairman, Board of Commissioners Collier County, Florida Approvci! a, iziiy Assistdnt ,norney Packet Page-1600- 5/27/2014 16.D.16. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 MODIFICATION NUMBER 9 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida; Department of Economic Opportunity, ("the Department"), and Collier County, ("the Recipient"), to modify DEO/DCA Contract Number 10DB-D4-09-21-01-K09, award dated June 22, 2010 ("the Agreement"). 'WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $ 9,963,208.00 to Recipient under the Disaster Recovery Initiative Program ("DRI")as set forth in the Agreement; WHEREAS,the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1 Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of. NI Revise Activity Work Plan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. M Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Packet Page -1601- r,� 5/27/2014 16.D.16. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Modification Number: 9 DEO/DCA Contract Number: 10DB-D4-09-21-01-K09 Recipient: Collier County Page 2 Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment , Activity Work Plan section, which is attached hereto and incorporated herein by reference. XI Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. I Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs"with"Department of Economic Opportunity"where appropriate in context. Other: Add five new Service areas. '0)Packet Page -1602- � Department of Economic Opportunity—Disaster Recovery Initiative 5/27/2014 16.D.16. Modification to Subgrant Agreement 6/1/2013 Modification Number: 9 DEO/DCA Contract Number: I ODB-D4-09-2 I-0I-K09 Recipient: Collier County Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Development Recipient: Collier County By: By: Name: Robert Dennis Name: Tom Henning Title: Community Program Manager Title: Chairman,BCC Commissioners sslonels Date: Date: ATTEST: MOCK, Clerk as to form and legality DWIGHT E. MOCK, Clerk _ y« Assistant County Attorney (7) ti • cC g \\ Packet Page-1603- 5/27/2014 16.D.16. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Instructions for Completing the Modification to Subgrant Agreement Form. I. Use the "Tab" key to move from one field to the next, "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an "X"will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties,"type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an"X" in the check box before "Other" at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3,type in the name of the person signing the modification and the person's title. The date . must be hand written. (The person signing the modification must have signature authority.) 11. Submit three originals of the modification along with the required supporting documentation. Packet Page -1604- 5/27/2014 16.D.16. C C N m 7 CO `' w w D w m M I .A W N —. C) 23 .. Ili• 0 c I CD Cl) CD c m 0 O c CD D 0 a o D � g c s CD a: a- o _0 ,-• a o '2 Z > o m Co CD a c m o o 3 _. m— 0 l— D 3) a n c. a o n CD o, CD cu �_ 0_ m O -°_ 3 O = N ,,.,--% °< _. I `° CD CD CD d VI CD C 0 5. n -<CD C)Z D 3 D 1 D '-I D = 7J N N T co .-. � (Q -D a —i a, co O co _ m = zz 0 O 4 3 m c. -1 =_h to I N to m X C = w -n c m - C C �' 0 - C Z 0 (- -� o Cl) - 0C) C r Z - m P. P1 N co N -CT N M z II7 -Z-1 CO - CJ N CD 00 Ca CCOO -, 0) 73 C n n cM 0 0 m 0 r —i 0 CO V V 1 C71 J CT D > O . CO C)) Co 0 CJ W O Co CA N CO d m 0 m co 73 0 M M o7) m C 0 (3)m 0 - xi 0 < H I cn 5 3) v Iro 0 Z N N .A N V O V A .P N CD 4A I D ..i n m co 01 6) O -co N r Cr)/n 03 V O) (h O O Ca O ,, c0 O 6i CO - .p C D LS g < CD EA V) .69 EA Co £9 69 Eft C) m al CD w (D Co -Co E» EH -` 01 _, - .0 -< !u CJ' CD .., 0 43 N N .P 0 -A. V A N D 0 CD a) '.1 CT N -4 Co co 01 V -Cl CD C W V 0) CD (J O O O) C) CO CO CD S D CD N 0 O Cn -+ O N O (D s CS1 0) O 0 0 D O -+ Co 01 Cl) O 01 Cn 0) CD O O Co C C— co J N CT (T O O O A O .A. (T O m A) Co Co O O O O V to V b N —I R7. O (n a) O .A O O (a N (Cl C31 O O r 0 O n) I m Cl) 70 Co c w -' z 0 m ° O N m , -mi 0 C/) o 0 p C w 0 cc n 0 m --kco (Tr N co co b . 0 0 co w Z C Q 0 H - o —I r- co N m 0 0 co 0 Packet Page -1605- 5/27/2014 16.D.16. ,F CO 7' Z m m 0 w o E -a' Co A :(1 n co f�f ' j .n W N — 0 m' D o Ra fj -i O a (..9 ? O 0 (o D m v D CO p o o S a CD * . Z a D ( o - m o 03 O � I- O f y "' Q 21 0 > 0 D 0 n. m a CO 1 a 0 -6. o v C) r om < m C rn CD 0 K < -< m -I n� co ,x co 0 Z'I N D d1 (fl - -< cn C -p N o: N H � 0 -n 3 C _ 0 O n o m < w —I ,.=r. 19 S p m rn o CO 70 (e tn -n C = z N 3 r S z (7 D - (? T C H O W —I C) a. ro D o ro - r n C z 2. c E z r,m' m p z CO ,-. N O O N N MM H - Co N O O co N 2] U) > D — Z @ 0 0 s u, D - _ D C CO N N N N CO m CL o y M X O m m (7.5 rn r) 5 0 X m zi cn -I N N N O v 1 ,C.J 0.cn 1 O I N 1 N N I' O DTI to O -CO 2] O 0 Co o o m Am co o ;U cn o o in In 0 D A O O 0 A C g V o o V "I -C Ch O O CIS 0) O 2 m 73 CO m CO C C Z C o G Cn m I- c H - o. Cl) c C a ii 0 0 o .1 m o Ed 0 O m m C 0 -i r- ' 0 Do N N m 0 . _ � N N A CD N_ O O co Packet Page 4606- 0 5/27/2014 16.D.16. * z D (n 7 ■ U) C =`'., Z c) O .moo -C C co co CT m D .p CO N C) D co 0 0) O 7) Cl) 0O c m w o Z D @ o_ m o 0 E. N �. O N rt °- °- a D 3. 3 0 r o H 2 R- c O =DO 0 m m -I O C) 0 = c C m m Z z a Z Z m CA M X cry D CO n o Z 0 r to s cn D O co m > co 0 m 77 z X rn C 5 rn 0 — 0 x m •m X co - o -1• _i d 0 U N 0 0 CO Op Packet Page -1607- v 5/27/2014 16.D.16. Z ' Cl) CD o O O ; �. W .1, CN - 0 D U) --I rn D O m v CO Z D ° m CO CD co D n 3 m 7 o y a a n 3 g ) a a m m o + ZO m 5 O m : m < ni cn m Z - co n -< "I fD 0) N O CD 7 n -{ p T = 3 G z O m = n m M u' X C n D. n 0 C" Z 0 >i) a CD w --i c) 'Ti D . . . . 0 r C) r z = = G C g g _.,. ......... m;.l, m Z W V CO m Z Z (A N m N m _; —I CD en Cr) u, i to D y Z 0 O r U) o N K > CD w w w rn CO 0 m 73 Z 73 M n r n a) 0 5 0 m w 73 0 4 n 4, , -4 CA in t7, r 1 03 -I 0) 01 CD CD CO CO a . 0 m C Co 73 la N 0 0 .A DJ -3 4, > 0 CO 0 CD -•W N - .Wa 'S Q A Cl) O) N OC D 6 - Cii C0 A N Z g .P Cl) N 0 = H CD . CD I- =1 g 2. O — D 0 eD N m 07 CCD • d Z o Z o co m ° —1 m n cii 0 H O• 0 it 6 .p. O 0 co Cg C— Z N_ O 1 - -i r m ��d J Packet Page -1608- 5/27/2014 16.D.16. m . . m Q o \ o ca � \ _, - / aew -. k \ 1 _ co . . . . q ƒ - -,1 o § 0 > cn % / } / 2 \T. £ . Co r- 0 > \ (A ^ la 7 > \ 0 o - / o § : o a = 0 / ] . 2 � 9 / ) a =_ a m o & \ 2 r f k ~ � / > w E ? 0 \ - / / \ \ / • = I § § / . / \ = >. . . / 0 ƒ 9 \ ® j _ E ,- » C 0 / I M z 0 / § z ~ § w g. % e % / > » M. G ƒ \ § En- 0 / � \ \ \ k $ _ / CO• E . . ; / _ m % \ e 0 - o \ $ | | I / �| \ / ~ — = wca \ a e e / / j cn cn \\ z k -co d j -1 } \ \ / / = m co C \ 0 § g ;0 \ ® % 0 r / 0 ƒ _ _, / 0 0 q0..11. CO oe ® \ \ \ m > / \ / I f 0 ; . • - - - , , co a Packet Page -16ƒ 5/27/2014 16.D.16. * z 7) O0) C `2 C o w m 0 m M o m o 2. 7 -P Cr) N -, 0 Cu Z7 v cD cD .. .s CD ` a 2 = N= D , 5 m cca 0(-1- 2 m > Cn ° o_ ) m p n p o O C m cn H _ n z a m 0 -< N n n 0 - o --f Z 3 0 O m C o tD -1 ,,,, --1 v D' I En- o_ m c� m 0 Cl) m y m TI N Q Q C = o_ C.3 o C 0 3 W o T -4 o o D C) Q 1J 0 n p CO E = I— is z CO g o, c m can m z ` CL N N 7J � l0 D D 0 O CD ..a Q PE Ul D N C V -I CO • m C O O Z 73 G m M m 1- n rn D O m m -< N n7 D J :1 -01 -01 r VI m o 0 •4 0 70 O 0 1^' w D p � (4 CO C) 01 01 0 D 0 O z � O 0 -1 0 0 O H I m 73 m cm C 0 z 0 0 z O 7 o m -1 w w O C -' O n o a m CO 4, O Q OD co 1`n z j � T m Packet Page -1610- Gf 5/27/2014 16.D.16. 0) I ' CD CD '� z 2 c O yr -0 O m co D u) Q v O .P CO N -, _ Z C O Cl) O . m C a -I C tT m 0 n D n p ' I Cl) -ii co.O 5 c z - co 0 = r D C Cl �: CO co = OC g m m -< CO - S c xi O = Zm m 0 ZJ N CD -< m C U I 6 m n. a N a -I n z O = 0- -i w. O z �. m 0 a 7J CD { D m m Fri = U) s z o 0 Q -. cn 0 > D 0 Q. z c n m -1 O 0 c z O °J 3 D C - * C) g 2. _ r- 0 I co czn z T m m c z CD Ct D m m z C D z m O i c D° c D LO 0. 5 cn --I O y m G 7i m X Z m M C) rT C7 m a m m• ' u) Z _ O '-1 D v D w --.Irncn C . m -D o CCI C) 0 D a 7 D o M O to C ° 0 z b H O O O H I m z up m c co c o n Z C) 0 co o m c -I Fu CA 0 O C 0 73 CD o rn 0 * m 0 O o z O 'D'I N m . . . . p Co Cu") Packet Page -1611- 5/27/2014 16.D.16. % C m O vi z Z 0. C o n'• ° C) m' w 03 - > ill m m C-13 0) a W N -+ > 01 It Cr -i D -' 0 pp c > o o D °- 3 °c_5. O a Cl) 23 c-)i 3 - z , C - 2 D v r O O n CD m C) m m CD N = C) 3 - 0 N CD C -B N N O 0. -I- z m a. 0 Cl) z 77 CD m N v C o 0 z U Cl) 5 n C >o D c ' z o `° W a _� o = Cl)z CD Cl) m Z z cD a C -1 D `-° W z. A D z ¢ m -i 0 O ci, o -. to D 3 O N rE u, —1 G m m Xi 03 xl m z m m m D rn 2 -1 2 0 D ' D r -1 M cv -u C) ;t7 0 O U) 0 > co n o E c z 0 -1 I m Po co m co C C 0 z C G) p -1 v o C xo 0 m C C(3) x 6 o 0 co co 0 -4- C m 4 (CIL-) Packet Page -1612- 5/27/2014 16.D.16. - -- . ��—-- —— —---��-� . _�. . . . .. o / /o / . _ & C 0 $ \' § E 4 u e -3 z > @ \ ® " z > / o z / \ C. \ 0 \ > § ° - \ ( > - / § -- - j o < Z § Z to ® � / \ I / »ƒ \ § / z 70- 3 o � ° 5 co § / m 0) C = / c z 0 u / c o ¥ \ - / i \ z \ § I o c E [ § z © m co = m - / Cl) > > E ° Z / ° G \ " / E \ / ° . ? \ m ƒ r 00 / # z m \ m ~ > ~ = \= w o o G % _ 4A 0 -0 / m / 0 = 2 o o z z o o -1 < C 2 & 3 H - / \ 2 / . . . C. ° . . . \ 9 \ / \ / ® 0 / % o / / CO / / \ ƒ\ \ _, ¥ p 2 / 6 . . . . . . . . . . . - - 2 \ \1 Packet Page -1 613 5/27/2014 16.D.16. D z_. m 2 oto o C 6 C O w w m m n �' A - m D -P co N -, ) CD U) N O Q Q O •-• > c > a- m 5 m CO C tS r Co m X m C7 -I •• 0 n co 7 D E O m m CCD ° o O �• 0 ai On � < o. C 3 v a G n 0 Z .« CD m > U) (12 C -G U N N 0 O m DC C) D Z =4 N -Ti m 3 C O m C m fa. m 77 0 m to _ C g7 71 ton _z aw D C) Q. - D . . . . p m r n C -0 z to o Z cD rn co m ra m CD N N m Z —4 w a o0 00 °o A > m z c' C C CD r UJ - `C V A J J U'7 O -% _ _ to C a w 0) o) H CO W W CO m o y 71 7D C m 70 m < T m r_ 5 rn C•1 5 0 m ✓ 1 -,n O m 0 n co O w 01 to N r w 0 ? o o w O o 00 0 o CC A P 0 0 o z g o o° o o0 o M O H I m 73 m co C C z c' o G) to -1 cA n O 0 n o o Ill 4k .. 0 O p CO to off — _1r o < co m N 0 0 o co r Packet Page-1614- 5/27/2014 16.D.16. .. .... .. _ . . . ` c c \ ƒ C 0 ° \ \ ' $ ƒ aue -, c - 2 » q ( a o m ƒ / > \ : = - 44: / 0 / r- g ° o > -, ® _ _ _- \ § - } o 0 _ / < ) \ w SY / Z \ } ) ~ 0 m ) § z j g, ; \ 30 / m > 0 / 0 \ ? ® j 0 / ~ / n . . . . 0 0 . . _ ? _ \ / \ m _ m § R m H § m J - e > > ° . \ , / . . . . o } . . c ro \ ) k < \ n \ m <0 ( a Cl) f j a co wec o . o I� |^ / _ j / o 0 CO co co > m 0 - - m \ co\ co\ Z J / 2 2 Co \ o 7 g . . . . 7 0 / ° \ /J / / / 0 \ \ - \ m \ . . . 6 \ \\)«: Packet Page -1 615 5/27/2014 16.D.16. . . . ..��... \ / / .. .�. .. / \ / o . ° to m . - ® ' $ ® a ( e — 0 2 & % . . . . ] F13- ,-I . . � m m / o ; m > 3 A - Z \ / / G > G o o . » 0 > o 0 i o \ o / § / C — � / \ » ) 2 °co ) ® / § \ z § -. [ 2 M 2 / XI , C a z a/ § \ m / -1 \ - } \ r z 5 I \ \ z a \ CO / c co o � J j > 0 / : § - � _ 01 >cn / / CO ) o z X / < / M r o = o Ts ° j H f $--I> t= wca .., , _ / / ! CO ƒ . \ >/ CO CD \H 0 G G H § 3 H \ c © Z § cr ID 0. 0.; a o I CD ® o --L § 0 0 • to \ 0 § z DJ § \ — \ ®s m \ O \ ()j Packet Page -1 616 ~° 5/27/2014 16.D.16. * z m to to 2 C Cl O ai a' C 7C1 C.'0 °-) co m F . -. CJ N -a C) s 30 a 1-1 ,; m cn o m Z c D a- j Z co 0 0. co co C) D D n > c 0 CO C -I N 7 73 O - m < a C 3 m u> =: z - n ...< -I C) o M N N CD (A 9 0 CD Z v O co a m o co m CD 11 N , z o CA = -n z O w 1 - =. 1 C) -1 D . O N n r -0 Z -r- 1 C g °. C m M z N CO z A Z cn 0..... U N m H H (D 0. A 4' - - X C D D CD . Z < 0 m O < ,cn CO C3 -6 - CO D a s co a N CO m O w z' A < m 71 m < n m — 5 0) 0 0 mo r D --.4 Z r- _, 1 4 0) i . ) )') 1 n m C .B G) 71 4fl D 0 0, m cc"i, w is 0) 0) 0 D C co C) C a --t Z g a) O) O H al at o r 5 O c -1 -° s v m m -n m co a C C o- Z p d G) n . Cn C) m' 0 0 m .70 p a) C) 0 N N 0 ' 0 li CZ CO 0 -i H r o Cfl m r:., - o 0 co 5 ‘...)./ Packet Page -1617- 5/27/2014 16.D 16 O C CD C O n, m 7C7 A W N 0 x �. m Fr o CO D co ,O co (n = CD ET 2 m' Fi. L n D o Q o m o m C = = < a) (n to N X N W O -1 cc, H III H -Ti 0p n O N z o —I N m o m 71 N N N N CD Z 0 > co v - I z D _ w n 0. -I . . . . C m -D n C z C I C g Z CD co C C...% m - '� D m c'' X U' D Z 0 m d Cl)s � r a -n D co 0 N 0' `' m m i z m m m 73 M r- n c n 0 > 0 m m CD _ I I E I i I Dii� . H n m C m m cn En G)j • 0° G)o O 0 D N 01 z 75') H r I O 0 2 m 2) CC' • co C C 1 C C G7 CA 0 O 0 C o C) I m 0 co o C � z co • 0� o O . m F N O 01 O O f ( � Packet Page -1618- 5/27/2014 16.D.16. y I C i CD O CO A. m co _ a C 0 �. 7J m "P W N C) cr Z7 .. m m 0 > C y a m" II a D `o° m o y o g a' o o -I m 7 O m, m G n) C C) Cn -1 w .D N A co Co m 0 O ( v Q Q o (D N = Q S m m N 7 Zo D °- 0 zs IIz (75 2 C m o Z m m m .i. Z w - m- -1 co o_ 33 cn > > (1) Z < Q O CD 4- N cn p O N co NJ W Q O CO CO M CD m m O N M 73 M < X m < -n m r-_ -5 CT, 0 o 33 m 1D - Z a I A =i v, 0 D -i 401 Z o m o m - 7 IV ND D 0 O 0 7J m rn C ), cn Cl z ES O c. 0 r c E °- O C a = m m Z17 in m C C m z C a i 0. . ' , 0 CD 0 o7 n n N .A m 0 0 Xk 0 o 0 iz CJ n -DH — Q m co N i O O co Packet Page-1619- 5/27/2014 16.D.16. Nz 7J p N C o. m CO F13 4 A N = o Z Cr rA- 6 2 m 3o. m rn = D m C) o 0 > o O Z? O C) m C cp m < v Z .=+ o 0)) _< y o co 2 77 N - O m B --r -n CD n p m z o m ,° -I , I �� 'n a v m v m am➢ 11 N C C 7 p C o D o C) (. c co p w A -i n ro A . . . O m t) C I o Z = I Z CD C m .A m Cl) m z -1 co m o X -n A Z < CI m C a E cn D N IV aO P m m co M n rn n A O C X < m m � I� I I I A I D I� ED n m o CO X O Q m D O O co o co C A o Z 0 CD O S m X CO m m C C z o o O C4 al to C) O C O ° n m u O ° 0 a co ori L• z 0 --1 o m cp N O 0 O co Packet Page -1620- • 5/27/2014 16.D.16. z - • 0, , (, , — _ en c) XI o N SV N O N Q CD m co O O O �N N O ,‹ _ Z n _. N) O O -` co O CD K W N) N j .�. 1 A) st . Nc 6 R° D Z n m - I FE3 -I p N N O N = O Z ❑ O N '1.-3 O N B .. N O m ca a) W 0 O N 0 O 0 -0 o N) N - v m D Sp Q • g M -I 'a 7 iiHi O o -0 -0 0 I O 6 O D 10 C cD c 'ny, CD i 0 (D O R7 0 CD (D CD 0 ❑ O C) CD 1-' co L2 a) CD C) n (T o V c () -,, `G 0 s< d. c -' CD Oc d Q I d m Co- O 0 CS 0 CD —, C1 a ❑ Q 3 m 1Q_ OQ - �. OQ in ( O O z O CD U I�' O 0 co O� c O c CD N C n a at a) w 0 (D �' Cn CD D N O O (v (n v Q N rt 3 ' Q• NO O 5• N 0 r-h 0 r+- I CS 7 _ +�` p) 5 II) 0 n (D CD (p 1 O co _ O Cn N O r 'fl "To o O • a" = N 0 O D 0 r„- 5' "O 0 0 (D CD Ov _ -, E.E. m C D Q = Q Cl) 0- O (D ,-1-- • _' _ S] C o 7 Q o S h co oco D C) < , 3 S — �' C c - CD SD ll c = Z3 ❑ n O -` p m > C. Q m v 2 a) m o C D - X C• m o mC L ❑ Co 5' Q = { c = O C m '0 W a m CJ cn a Q_ ✓ � - m � r- G) cu CD 0 1 3 rt � m ❑o. a CD --1 zic o 0_ a 0 = x313 (o v < - p C D D 0) v CD a c CD • cn m - I m a ❑ X CA m o o (D G) m -I =. m ❑a m 3 0 c = -I• a a 5• o a. (.4 70 � (Q oa in 5 0 0- o m N) -0c X g2. N o_ o m `° U) -< iic Q o 'D s Ng 0 00 G") N Q� 5 O0 o N D m o CD c) D - N 3- (n P g to 0 D m m Q N O. Q (•fl 0 _— o th f w c - • p CD ccnn O p a Q_ (D = Q � 0 Packet Page -1621- 5/27/2014 16.D.16. z _ Cn 0 70 0 a) o g 0 � � � 5. X -- F3 90q A •r, Z CD -1 -1 ill DJ ° 0 m CD N O N 17 a) v 0 � m- m A 0. - Z. sn N m °' -1 0 z -o o -� a 0- O U) CCD —1 CD CI 5' 2- C5' 0 n 0 CD 0 'C "T1 O a -i7 0 _ m O 0 o '� O Z m Q._ cD -u - D c o n _ j = g ID ED- n 0 D" O O ,,.,., 0 cn C 0 0 fr) c a) O C p -0 Z7 m 2 0 CD "it. ca CA .D Q. - CD A O � O 0 a g r+ m -1 Q- O in CD ai 0 - 3 =omS 2 a' DO A -DO 0 0 m O 0 ¢' � O Oc_ m OXW 3 x- m0 r- 0 0 = D 0 , D0 cn N 1O � Z0 0 CA A v 0 7J � Cm 0 --1 N a 70 -GO m C'0 0 0- o i* m mr`- 3 C X Q CD cD -G (D v, m 0 0 Q X I g 0 c) c0 m CD p N a kA O <fl O 1 A X QCD 0 "D 0 ffl 0 N 0 4,9 -• p 7 ■ (D (On O In O a a CD °3 a _ 0- 0 '< O f` J Packet Page -1622- 5/27/2014 16.D.16. z Ni -' -' I A Ni en Ni -J Cl) C) 70 o N � O N N N N Ni Q R3 m cD O Ni I Ni O_ O co O_ O C 3 °S {O O m 0 co G O W N Ni Ni — - p O O = �•ET 3 CO D 0 Z rTI in 7 (7, — — — W — C7t -� O N N Ni O N N N N o c 10 O Ni N) O O co. Ni p a) 0 m C) IW CO o — Ni Ni v = ro Z7 p N Ni O _., � ('� D 2° n. PO 5< g v -+ -v n -0 n m 0 c Ill I-o -n 0 mZ o o 3 0 co tT �' {co � W 30 --) cv o 3 n 3 �• n� a � 5. rt m can 2 E �' cD 3 t o co co c n m Cr) Q a -a{ - CO O m O O N a S < _ o m o o O D = 0 CT" -, ° ° c -a I .P R C m v O O a O CD 0 �. w (n ° o cn O .1 rn m c C CD N CO Ft; o v a 2 W B m a' to . 0 0 C m 3 S p•• tD O = 0 w @ a) o o o m nc � < o < 3 o I° c 0 �, nmi o 0 -� N u o c-6 ° �' cao > 73 ro -, m' 3 0 0 0 � m 0 Cm) '' roc D' L 77 a p co O a ITl --; ;3 ma Qom >v c) C m• v aEi = v 0 '1Z c m °o D' ,-,- - 3 = o x o Oro c CD O C "-j v _ m m c cn -o o ca(D v g, x > = 773 o CT; a =1 O� o 0 L. m W C7 ✓ O ro f- = 'a W D m S M -n r-- n 3 0 0 x D iii o c' u, m Z —co m' o O 7J p a 0 �' G) m m my Sll J r'P o: m c 0 0 i) W a' O n * M to rn m``_ 3 c 73 1 Fe-, a 13 ° CO X - h g 0 a) G) `A' -u `a o CD cfl"� PO o o @ JD o 0 0 41 1„, D >- X. x ti) cr v, ..s g c � 3 3 Promo p4, cn _, C) v a a to o!CC) -1=-I I 1 73 D CI 0.00 fn3 -,m FL) c -ra c— o co (h O (n p in 6 -, cn = 1 a' O 1 Packet Page -1623- 5/27/2014 16.D.16. Z 1 co -� cn v tA3 C) 7:1 0 o 0 0_ - o w 0 N N NJ -,. 0 m " �st f CD ru m 5 I , � nz m ED ca co .A — can s O N iv N N N Q Z v O O O O O ..< 3 Co 0 m 1 -a j al. CO co N N N d D `O m D 3 CO `OO -90 ° CA 0 ° � o Z CT ill.CD �' 3 s i cv a 0-v c" c, -f 0 o o. cp o W - Q 6 � v ° n ci5 co C. 3 mo D u, = o' o o p 0 cep 'a -' 3 , o . c cn tD O a Dw 0 N O D M o Fri' - a N D_ 0 m° 3 S -g.3 o f n I 0 0 Co= 'N N O n O -0 (D N p = O 3 u N u) O -i 3 tn O 0 3 (D n c a) LT p N O (D 3 c0 {D tD 0 0 = CD 1a (OD 8O CD CD o 0 (D 3 II a) (D � 3 D C, < Z Q -1 (a (XD -9, 0 a. cn 00 '0 (0 @ =i D OJ O Q - ...... 0 o m cn D o 3 c m w .Dw J 3 00 � � 0 su � 70 D0 su Q 3 � � �m(/)m ° CO- om MS D CO o n0-i CA a 0O v f o `< 3 C) CD 0 rn -1 a �' o 0 Ill v W ro n 0 rr -{ 3 a M C) I 'N 0 C„ a- o * C O m`•C 3 C rn O = D" ?. Xi 0 fl m ".<r pi CD r -n rn o o -u Q � g 0 ' co a, < � - Q� -8 03 NI >- o o � o ° CD p cno i3 z CL 0 Q �Da o � O O C b9 •A I X Q a) o E/4 _. o o '.. u) o u, O r~ = 0- 0 D `G 0 Packet Page -1624- 5/27/2014 16.D.16. Z w -.1 co CO w -.1 CD C 71 O N N N N N N N _ 0 CD m P CD 0 O 0 O 0 0 3 a) Q cD O a se, m_ Dym EU W NJ Ni N CO -.I N z O N N N N N N N 0 O O O O O O O ,‹ 3 N 0 ill O O D N W CO NJ N -, -, - CD E o � m D - . Po a_ * X � - m -I 13 0 -0 > > 0 n -) -0 0 = m ' o O- o a cn cn i ° o 0 CD Cr 3 Z v n v m w * n — p —I ro CD' 0 - _ 5. m E m , CI , O �' eh o Q c o' o 0 CO C) -7 'D . v Cl) n O O p CD 0 o N CD o o co to o N o 5' C7 _ o N O D m o Q o -a o in o C) ' x 3 o a) m v, CD Cr C> a C) O r, X v n m Cl CD a) O v D o - Q v, m o 3-7 T "C) '(7 o m Cl i �' m o- m O o X T1 o' Cl a -. Cl) n ca 0 0 o a m m > L x o m N co a- ,� as C) C zsi 3 m 3 o Cl) v co o 5' I;v 3 o n 6 o CD 'Q (7 '3 0 CD O u Q ri) C) o n 13 O o , I o cram o v '" Cm7 "L `` �' f� v rt ' m I- m Z 0 n � a W 'p 0 a. C!) Q. o '= m (! C D > o CD v 7 77 CD I o -I goo o —1 Xi 7:7 0 0_ _ X a: m C) °o m Cr o n' 0 G co = O 7 a v o = 0_ m m Q o En .< w 1 - 7m C 73 W m A <;0ro W.„ a m � N D x O o ui o---.4 a- m o -1. g m d cn o v FD-Fi a �o ° 0 p I 7J > - o (D CD O '(n Q m0 0- -; cn QQ- N . D. Q O '< : 1 Packet Page -1625- 5/27/2014 16.D.16. z --- Co C) 73 P. `< ( o Z O o _ _ o 0) C7 'i 17 F3 20 w CD m D D z w- CD --1 7 g,1 o 3 a 0 m o a) ° o 13 vim D •• 90 a -1 3 rn D.) -I = Q m z CT 0 0 VO) Cs CD �• q 3 s p O m r, o 07 0 E m v o D o m CD o -, C7 Q o o 0 co a. D < r) Q O S' c g ono � � n 0 con v o 'O 10 Z7 10 3 0 Et n co 0 0 (D = AIi � a o co D rt n C7 < Cv Drn ° a —z- —I ED' n> o = Ti O (D 0 "'< mo' C'� O H -h 7∎ 0 Q7 ° n' Lm W .voa v rn -0 r G) o C _ CO � Co z C CD PO D CD 0. a. 0 = m p Ill o 5 --E Q tct 23 o m 0 Q- o m m'< 2 C ao� � N -< o ° o a XI E 0 ai o -p o 0 CD � o N D< o - r,-� co a 6 2 o ro �P g co N iii. Q a O d U Q D O ffl 'O N C {p - O FP- _ _ V) O n O O o a - 6 O •C 7 J Packet Page-1626- 5/27/2014 16.D.16. z o e \ ? n m / % o E 2 0 R J @ �' XI - 8 a > rn / ¢ a 2 Q o 3" / 0 in m % c E 11 o � � / g' @ o_ —I g 0 q ill cr \ 0 0 ° ....% a Q s / e 5 c q \ J - § co _o m / n -a � � 0 C) S o z G , f / 71 ? n z o . / � = � = g ) E -1 G g. n \ / a e = o % c, 13q \= ac oc 0 0 ( c > m k ? ° g 0 C 7@ / r) -1 2 - e / gm ± = o = "V c m O 7 / 2 c m : . m n / \ o 2 rn o O 0. m , / \ q -0 r- G) a o —I m 0 D _ ? A > \ ORq Cr) 0 =. m O q a m / 0 C § # m M _ ] c 73 \ /F g / _ 77 E / & q Q ƒ m -0 c,-c m CD• / m� , 0o R2 g a '� _\ / / 2 ® \ � � k 2 2 > // m ] 2 Ec « - o Em _ 2. ((ii) 6' e \ ku1 _Cr 0 _.. \) Packet Page -1627- 5/27/2014 16.D.16. z 0 0 0 0 0 Cf) 0 73 o co Ul W N �D N N Ni Ni N Ni ,< 3 �T, z rn 0 O 0 0 O O o ° M C 3 v m v (D -4 "1 D 0 0 0 0 0 o co -.1 CM CO 0 - p Z C7 N N N N Ni N 3 v 0 m n .p . - 4 co co (D > � � m A D XI < P° a E ' rn o 0 0 CD s ", m ° * _, z Cr 3) 3 3 `° n� ZS — r� oo c, —I 5 CT m g a G7p 0 h Cl) (D 5' m co 3 _' n 11 Q o 3 a D -o a m Z'"a c a rn > D o o n n m 0 a o o - ° — rt p 0 o �. (nn 0 cn n m m I 0 as o ° (f> ea T1 Cl) m ° 3 6v o .t 0 X10 5 s ° ° 3n `� �' C° 00 Cu— : o rn m - m D L 73 ° v o a o CD ,•-r• m n ' 3 3 o o m co < -I a o o o o _ -00 O .4 3 o m - o m o c 70 > = 70 0 o v oa m o 1 4 0(- ---1 '•,• X ❑ co 0 _ ° n' L m CA -g CO m v p± rn I u o _ = 0 70 D a � -im zo Z CA '3 Cn m' 5070 Cl) =. rn 0 m a cQ s' m D 0 0 N o- o m m _ 3 c 70 nab Co' 0 0 0 2 N Ni Z7 -, O< 0 _ o D o co . , ° ° O ° SD^" co 0 0 °pan c°a co •p m m a a 0 0 G 0 4. ftA o - o a CJ o o co m °•-0 cnov, o aam v o = o- o a Packet Page -1628- 5/27/2014 16.D.16. -., O O O O LP CI) 0 70 z (D rn .A N p CD m N O N O N O N N O O O B O D 0 O (,) 5. . .A .A A W U�v v 0 -f —I 0 0 0 0 o N O Co Ut w p ❑ N N N N N N ,< 2 w 0 in CD O O 0 O O O O o -cJ co 1 1 - i 71 Do a g o to 0 0 Z 3 N (D (D .� 0- ❑7 C C C C-. n - '�'' • C C C 0 3 cn (D C @ (-1 ❑ 0...., o - • ' pC p � � O -t cn rt m m Cl CD 0 1 3) co m 0 0 o 0 o o -o cp O O N Q CD (D 0 �a o C a a 0 ol D j g O 0 O O D o -p -p C ni • CD o . ( (D a n p i m rn m -a u, o.) o 'O Q 0 7CDc 0 m °' m 0E. D m -1 L O Q O co Al 0 C CD o 0 —1 z C") 0 � � . 3 ° CD ( `� CT 6. 73 > mxo CCO 3 Ern co m a -, S 1'1'7 -Q r 0 @ C Y Jr c N O ❑ 7:1 to H 0 n� m 0 In — o m C C) 0 N) .P 0 m D_ 0N (D CD a o -Q X ci 'S 0 Cn 7J -p A) G) (D4 0 0 o A D ° o o O- o o a C o m N (D (D C7 (0 0 Q Q. a o N O = 6 ffl O k< cft O -A 7J Q b C _ O o C.D N o u) p IT C (D CJ N CD Q L2 CD CD fl 6 O C J{ Packet Page -1629- 5/27/2014 16.D.16. z - o 0 0 .� O O J Q N N 0 (D z rn t N N N N O O 3 m N G C)O O O O W O O C.) A A A -P 4_ 3 UJ � 71 v 0 -1 o - co rn w° N) N p Z Ci R-.) N N ry nJ o ,‹ 3 a) 0 PT7 CD 0 0 0 0 O o w vim �7 Po a -4 H o n c C 0 Z o o o 0 cr�p to [n = CD , O C a CD ..1. W 0 O-n n .O« .(-. .n-t C O O O 0 m a O m ro a o a ,.. rt 3 O 0 a — rn w 2 °—' o CT FE",' 0 CD CD o o o CD p co ° Q , o o o m CO 0 0 o 0 0 0 v D N By O o 3 3 3 3 a ' ° o' 0 • ,;y, 0 iti 6 m m m m n " < m C°• u, v o CC+D -0 0 Doer '' O 7:3 -0 Q ° 3. 0 CD 0 0 - Don. 1 j XI 0 0 o �o n --I z - 3 5 C7 oo g < -t o g o � � 11 CD O 73 D = Xi n Cl) I T V C i Q. U --( r'4' Oi V a, m z °11 CP A) WD D v• Q., 0 73 o =. mo m z - LC 70 rn 0 0 * rn rn� 0 2 -<o -a o- Q m Q o 73 0 (0 cm v 0 X O1 O� 0 o °o m000 . o 5, co ° m m N Q O .3 ° a o p N Ffl O _ N3 0 A 73 Q CJ.2 -69 3 -D a_ o 4fl -• 3 7 FD- It CD 0 cn 0 aQ @ �. Q CT 0 0 Packet Page-1630- 5/27/2014 16.D.16. z _ o o -1 a e _ Cl) n m / \ / / co \ \ \ ® 2 \ 2 q_ £ 0 3 ° e o E / a a 2 a a a � \ $ §' -I � a Ea › Z CD -1 -1 = -, - -x o C \ --,1 ■ C N) / / / co \ / x ] / 0 m CD 2 - ° 3 0 CD ° E o .4 a / # a ^ ^ -„ gm 4' @ / / « g m g o 0 o m e o m O m m ® 0 o 0 0 o < E ° 7 " Z / @ q C q \ / a © o . o \ / \ \ o / j 3 \ k D 0 C e n \ / E / a J - } 3 o m _ _ _ CD a. / 2/ / / \ § 2 ¢ -o ° y y 0: S 0 $ . 2 " 2 $ 2 g = 3 3 a 0 2 / ? 2 j E \ _ 3 » E E J a' » o = 0 E f / / / mma ® 0 / 7 » a = o = TXT T § $ \ / - 2 a \ 0 a_ CD > (- 20 g O � m / < = \ 0 -1 7 3 CD o gm § - Fg » c > = Rn moo, ' ] m O O 3 m o . r G)' �i\ = q m › 0 CD >m ? Dƒ m p m = = - XJ £ m 0 C) 0 1 Cr § # « \ \ m �� -<\E \ & m 0 I__ ƒm e O x 1c - m \f �/ / FIT m ° o 01@ a cr o 0 _, g 00 m m a 2 � \ a \ ® � cr / 2 x 2 > d/ e \ ƒ m = + -. o 3 $ / w0 2 \ / \ / °z_ o_ \ Packet Page-1631- 5/27/2014 16.D.16. z - o o g a a o 2 g g e _ m n m § d A e e \ \ \ 3 S 3 2 \ oE < 2n ƒ a 4, - # » 4 ) ƒ & F3' --I a ® \ > Z \ ° 0 0 w w = ) o \ \ CO CO - - 7 0 2 - o > \ 2 2 / \ \ ^ -, ƒ m -. @ \ 3 . C/) m ID / / o o ƒ ƒ / m 0 _ a / ® \ \ \ \ a \ ( § ° -I \ 2 2 2 \ D = 3 > S n -n \ \ / \ } \ 7 \ / § c & q a / ƒ / o. E C e % 4 m 0 = o y y 3' 0 o ® 2 3 a \ \ o o / 2 / �_ ) $ \ \ ƒ m / g / ko n ® / ( / / o "V -0 \ oal s 0_ o X 17 a \ j \ > 2 0 s J27 § m q / < = w C -1k . - ] / 7 \ / / \ 3 O o O m R = m > _ X n m3o / a o 6 m m -0 S - 2 ", 1- D @ -o i 03 - Cn \ ' C D ƒ / m ID M CI / m t m \ q 2# 2 2 x In . CD & J & -a ■ e m 9 I = 2 S ƒ 0 J c ' m < / / , \\ �/ Na Ns > ' E ° 00 .0. °■ g> a « e « / ,$ / \ ° A\ Cr) o �• o > 2 _) o / -- » q7 /7 \ 77 \ / `� § �\\ �,2 Packet Page -1632- 5/27/2014 16.D.16. / 0 0 ~ ® ® _ » n m / \ G G d \ \ C « 22 CD 2C) \ 2 2 CD 777 ƒ -4 a a a a a # / / §` 70 - 2 ® \ > � Z 0 CD q w § — = 0 o « --.1 _ CO R / \ \ / r co \ ƒ v5 / 0 R co — 2 0 0 2 # [ \ J o. a a « a a s ƒ @ ƒ /' @ a CD 7 3 a o 0 0 = 3 R ƒ / Z / \ ) \ 0 < 5.: < § > -4 ° o o. / o / / 3 Cl) 7 O q 3 = o[...) / / 7 \ R ® co q S o _ = g co co f 3 o c - 0) co n E J 7 0 ~ E / / % ° G 2 % 0 3 co a Q © O J �/ / / 1 / ƒ 2 ) j f \ ; ƒ & 22 / 0 n \ / ƒ } ƒ J ® 13 q Cl) \Je Id o m 10 ] 3 ° 0 0 @ \ \ \ \ CD m q \ soo o � / / R 0 -1k . e / 7 * -1 / . 7 ƒ > \ 2 n g \ § o k' -i O X O I R = 0 0 c_ m o " @ ' / n r0 a CD —I q � I C D Cl) C R 0 q\ mD §. m —i\ Q m \ q eo k 0 x m \ /C � \ E \ E 2 . . � g 0 7) 3 7 D ƒ Cl) \ / q- \ � )> > S 7E / \ \ ° g / � / f ° i o \ � 7 / 0 - 2 %/ > G \ ƒ ID = ■ — 8 » g3 // '/ \ / \ \ = 2 o \ , Packet Page -1633- 5/27/2014 16.D.16. _ 1 0 o - a, � Cl) CI73 3 0 0 m N N N N O O O N O e _O O 0 0 -> -. A .A -P .p A A P v CT a (n °'1 °D Sp p D m N ---I --I n -, --, o o ...} Al CD O C7� o CID 03 0 N N N N N O rn O O O _. -, 0 _ 1 _1 _.1 1 A- A -A A A A ' 5- m D coo. E m m 0 0 0 0 W < a a � Z °—' Q N --f nrt n t7 n n o a 0 3 3 o > p m0 co C? o' o' o w O N 7 CD O m o v D to w �' n o # cD Q o 0 o n o o p o '- o cu (Si p Z 0 0 3 o 0_ N O O Ijcg a D Fii co h 0 o n co m o O ❑ 3 m c O O y- o0 m -o 0 o O C Z n omo 3 * -I -D 5 ED -0 _ -DC 0 0 -‹ cn 100 �. a O —I "' C7 !v '.� A u i u�= � CD D C D v' 0.. C) 70 CP CD f7M —i 0 = mp m Q O ca 5 m . 3 C_) I 0 Cr o C rn'< 3 c m -o c 713 Qom m -»: m a o 'D N !; 0 Aa O r.o_0 o w X 0) - moo rn o 01 N _a C) Qo - ° � Cr f» XI D a au c to -• 0 CD CD o� 'p Q a O N N �0 0 a l Packet Page -1634- 5/27/2014 16.D.16. L o o - In cm C/? 0 -,. o co co N N N CJ CD -G g O m N N N N O O O Z °O O O O _ CD- .A A a) ' 7J _ .A .p .p A rt CD 20 > n Z CD —I —I -� s O O - a) N = O N) co N N 0 m N N N) N) N O O O O O O O A 0 O (D ,,.P a a a a vim Qo a g CD m 0 C) 0 0 C < CO ° < j z �, < 0 --I cn cn P a) a O o CD p o � 0 o o o' rt o 3 CD ° °D O m 0 0 0 = m = ° m 0 = 0 o ° o o m O cn C7 Z C7 0 0 a ° Y - O 0 eT o o Fr; o o p ro rn CDn � m j 0 m o m a) o Z7 a) 6v G) Co 33 T1 Q 3 CO 0 0 m j o M -I CD j < C � n -aZ O0 CD 3 C) < —I o lV 1 O l 0. 0 r� /� Cj Q0 o mm � -0Ca -o o I -0 Z 0' C D D v CD 0 M 0 - mo m 0 �' -1 a ca 73 4:13 m j 0 0 i m � 3 0 C Q 0 � ? �3 n� m .74:0 '� m n o TJ 33 1. I ye Q� o ra _a N C -p N co moOD o o cn 0 En o = Q. m a p o a t» :L1 > CD ID c to -, o m . .-a u) o nn p m m o- r* cn ''' 6 0 0 Packet Page -1635- 5/27/2014 16.D.16. - 0 r' 0 X D m a 0 CD 0 0 0 v D- A CO CO W ° a Q c -o rn T W co D CD = 0 D. 0 o CD C 73 Cn Cn TI -0 -n > m o in > N C 3 C CD Q o a. 5' o 0 ° m- co 3 o 3 6 SD C o n. c CD m 3. _ cD m CT ai n v m o' o -n D = O m a>. C/) CD C a. D CD C 3' C) D > CD o o co -. 0 < (c) O o =- - fll _ CD 0 3 0 a coo 73 ED C 6l G Cl) 3 O0 co 3 CD Ej' P �' C a n 6 'S a) iD N C O 3 b9 69 69 -A 69 69 {A {A 69 69 69 ! �' 3 W A N) O CD O C2 cp COn O (J) 0) �O N cAD C CD CO ca N 0 0 o w Cb Ut N) O p w o N o o co D 1 O -P O -- ..P N a _ter o- S c(D ° O O O ° O ° N O 0 o _o m O O O O CD N. (CD Cl) �3 Q C 69 69 69 69 69 69 69 69 c_n 5' Z m N N s ?' .A N N C) `i7 m C N O O s COJI N) W CD Cep N l aJ CD C 0 _I O -co :A O (D v O n O -CEi C o CD m O O -t 'Oa CS) -1 cm c o ;a a O O 0 CJt (P O O O O 3 CD O7 CD O O O O CD CD v O N (D _3 a X O O CD co O O O v O D CA g G) m -69 69 69 69 41 £A ffl -EA {AA F3 Z - :n __1. -° = 0 N g CO O O O CO CD co m CD m C) 1 ch w o 01 rn o 0 oa w a C Z Cn Cn o ° O A 0-) O co —I -a 0 IV C @ .-.. o O W N cr, O O ca CD co y C) SD N C C i U7 N 0 < N) Z IV H = um N H p' in C o ° I- o� - -n 0 m o 7 3 _ C m w , -P -k N Z CD ..7. D ° °° Z H 3 is co _, co 5co —1 cn C , n D << m Cl)- m m `' 3cun 3 Cl 0 - , _s2_ m w 3 U, a (n 3 CD N --+ C31 C,) . • - N -D-Co CD tii C --- O Z CO _{ Z m CD r H CID i C CD w m r- w❑ . C) -, 0 a) Q n '. ) Packet Page -1636- 5/27/2014 16.D.16. N.> N _. 0 CO O N) N) O c P W W W W -A ?N (7l S CA CO > a { N O O K c Cl) 'k 1t U) (n -D m > rn > G C a) co to m m 0- 0 .n l- co 2 77 Q Q w m CD v F a C' Q- m ?' moo_ c moo rn a 2 — m Q' -. - Cl) .5. n. m Cr, 0_ v - m m 0 m n) co co o• o c Et -. = 0 0 m CD a Q S 3 I- rn Cl)( � c r CO n _ to Z D N 0 QJ (D CCD (D 0 �. '� �.CD m Eli F-5 Cl) = E. (I) -3 m CD Cl; Cn J i J J 0 CO • J 07 CD It CO CO : : : : O 5 -I W D 1D O 1 rn -, 7 co N _a, N N CD CO O N (fl a n ffl N N .A N - CD (b p N m a N) y (fl O (D (D 0 (n CO N N a o OD:=.C.. 0 N ti o m It rn rn m CD o W w ° w 0 p C) - (D ` a) 90 (a D r d a o W ca co IV 1 O (� W ( F co h J J W U7 V N �# n CO O W W O w W N 3 — O co '1. (D O r co co o a .r O * 0 CO < 5 CD N 0 N r C oo 0 O N N 7 - W co Al 7 1 --- n 0 3 Co N co I o < C . C 3 N O O w cn ro 0 o a co C—, n cn co co W a i Packet Page-1637- 5/27/2014 16.D.16. N N N n .p W N 0 3 -^ 0 O O rn LU 0 C 3 Q Q CD C CD - �tn3 w G� CD Q O fl.. O r o ro - C CD D z ED CD U.+ m o = D Q. Z n ° CD O o Z w D CD n CD-0 o O -, m C O . o n n O w CD .- D CD - 7 D. 3 N Q (D -0 S CD .n O C O N C 3 Q.< C n 3 0 W 4 CD N ill CD D co co CDD 3 co CD N 0 0 3 • n 0 0 n 0 co Cn O 1 n CD Cn rn Cr) co cn 0 z 0 X N - Cat N N Packet Page -1638- 5/27/2014 16.D.16. May 27, 2014 Garry Thomas, Government Operations Consultant II Florida Department of Economic Opportunity Caldwell Building 107 E. Madison Street, MSC-400 Tallahassee, FL 32399 Re: Disaster Recovery Initiative Contract#12DB-P5-09-21-01-l<39 Modification #3 Dear Mr. Thomas: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement#12DB-P5-09-21-01-K39. Requested changes will facilitate expending the grant funds and allow Collier County to address certain Disaster Recovery needs in the Community. This modification will accommodate the following activities: • Extend Agreement • Revise activity work plans • Revise the Budget and Scope of Work • Change number of accomplishments and beneficiaries The enclosed modification was approved by the Board of Collier County Commissioners at a regularly scheduled public meeting on May 27, 2014. Sincerely, Tom Henning Chairman, Board of Commissioners Collier County, Florida Approved as to form and legality Assi1ant County Attorney Packet Page -1639- 5/27/2014 16.D.16. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 MODIFICATION NUMBER 3 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ("the Department"), and Collier County, ("the Recipient"), to modify DEO/DCA Contract Number 12DB-P5-09-21-01-K39, award dated June 22, 2010 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $ 3,335,131.91 to Recipient under the Disaster Recovery Initiative Program ("DRI") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; WHEREAS, pursuant to the provisions of Chapter 2011-142, Laws of Florida, the DCA Division of Housing and Community Development was transferred to the Department of Economic Opportunity effective October 1, 2011; and the parties wish to reflect the new name. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: I ( Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ® Extend Agreement 2. Paragraph 3,Period of Agreement is hereby revised to reflect an ending date of 12/21/2014. X Revise Activity Work Plan 3. The Attachment I, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment I, Activity Work Plan section, which is attached hereto and incorporated herein by reference. 17 Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Packet Page -1640- (13) 5/27/2014 16.D.16. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Modification Number: 3 DEO/DCA Contract Number: 12DB-P5-09-21-O1-K39 Recipient: Collier County Page 2 n Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment Activity Work Plan section, which is attached hereto and incorporated herein by reference. X Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs"with "Department of Economic Opportunity" where appropriate in context. Other: Packet Page -1641- 5/27/2014 16.D.16. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Modification Number: 3 DEO/DCA Contract Number: 1 2DB-P5-09-2 1-01-K39 Recipient: Collier County Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Development Recipient: Collier County By: By: Name: Robert Dennis Name: Tom Henning Title: Community Program Manager Title: Chairman, BCC Commissioners Date: Date: " i T ROCK, �� Approved as to form and legality Assistant County Attorney Packet Page -1642- 5/27/2014 16.D.16. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the "Tab"key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click"on the box and an"X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the Subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties,"type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an "X"in the check box before"Other"at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3,type in the name of the person signing the modification and the person's title. The date must he hand written. (The person signing the modification must have signature authority.) 11. Submit three originals of the modification along with the required supporting documentation. Packet Page -1643- ' 5/27/2014 16.D.16. Z o 0 0 C CO w CO ' CO a) D CO A .n. co N --, 0 0 -I O-t to A n (n O N A A D m > O c (D p 5, a rn W = Q D -1 )T N o CO C7 V = 0 (c) 3 (0 Z m D o a o o c rn ?. p c r ° w v �O w m 0 5 CA > 0 0 c D. co a N p ? c N (3 _ -� -7 N C c. = 7 C C ro O W �. C - 0 n -C -I N o D N 17 A NJ 1 C/7 2 o N ( "0 Q < a Om - m 0 "TI = (p' z . N N m 0e) - -I rI 1 1 T m. 1 1 7 0 Zr- cn > o 3 rn a m = s C o Cn = C C -- --i W I r-0 v o 0 �. Z (.7 A Ca c On Z nl Ni NJ CO Z • I (n N N j w -co fi1 H �, ' 1 tD co °o CO -+ N N o A t m Z • ^i o CO -I, C• ' o ( cr, a CA co N N co -`I D D 0 Z < -4 o °O w oy C.4 co to M NJ A N N o _ _ Z Cn x m pA O 0 0 mm f A Om 0 _ -I A z o x :4 NJ a N N -I v Cn D cn p NJ A D C -CO m A co -J 6) (n (N °v �° N )v O R1 ■ , 40) 69 Eli fA 49 W 69 Hi H) {w 3D 1 0 v °w N N G) D w (�i) NJ J (D V A O) CO no CO rn 3 co co a) (r cn 0o O co Q) W 0 V 1 -, -co 4 6) ).) .A P NJ -+ O O A N Ch )D C 00 (h Iv o W o O A. (D (D A -4 m O A A 6 . O 0 -{ .. N co W O (0 P (D O O O H I 2 m A co m m C Z 0 oE 'o 0 I C .-i w a 0 4k C _, a A Q N o 0 m -0 1 .'0 O Q w m m --I r O 1 1 m Packet Page -1644- 0 5/27/2014 16 D 1 6. \ } . . . . . . . . Z \ \ / ° - m \ 2 » me � / / / / » ® / ) ^ ƒ \ \ { E / \ > _ Q. } _ \ \ » 0 « E/ co ® \ ) / 2 a - y { - . o § m < / / \ � -< C o 73 � ~ , > ) \ \ ) § ) Ci } f a z . � / o m \ m 7 , 2 \ y r . > \ > , \ = m ( ° qt \ / } © » \ . .. . , \ I \ / ® ; / « { / 7 \ 7 j $ z co CO a o « X - = 2 1 k ~ � / Q \ < E., - ° ' o § { 2 § «Co , w (.4 03 \ / < z % ) | / \ m $ / \ j § {i # w \ } | . �{G / \ w _ m= w z _ 4,1 m _ i« AO (al e • y of co \ _ \ \ � C ^ C z N ]d 8 �S o o § \ I G o \ \ ° / . . . ° 0) \ a \ Cl) 0 ( // co \\ \ er \ / a § Packet Page -16 5 5/27/2014 16.D.16. Cr) D Z a) N N -' C) to A C O 00 CD W lP .p co N - m N1 4-4 ,� U) 4. 0 -m !v 'C O c m T j O > r n -a = rn o T s s g I -n ' m' Z N 0�, d A v 73 m C) N n N C =, D D c• �i v o C) 7 D C) ° 3`, a• A w n C CO O -1 7 O - N C7) O - m Cf1 C G z o = @ m z o n -4 m a 73 z c X N 0 CD , C) -1 xl I �' 72, Q m ° O CD ° '* I� 3 °m -I TD m iw m z m a n,, a j m _4, D;p m w id -n co _ r Z• g n ( to C) ^ C N a Cl) z 0 w . -, - E a a 'Ti D C 5m o r cn o m - I r - D I C o m D c g Z C) z Id cv m z t' rn g cv 1 to �. m H D m -6, Ze° m — D ^D i -1 � a D Z R. o f N It r- cn c O f-• D D 7 1 i o - _ �m PJ m C n 1- ,.) mcm ). Z r T —I Fri I - m -n O UJ 1 . r 47 G) m co V CD Cn D Z 44 44 to v, C C) O I m C) 73 Z omo w 00 N N C ■ N C o O O ■ Z A A A O H m m x co c c z 0 o G) U) m —t• U) C C f o no n M at c o CO N , L Z n H • I ((Ti co • .. N O • w co Packet Page -1646- 5/27/2014 16.D.16. m { - - - - - - ®\ _ 0 § _ / - 2 ACM - 0 N m % [ a . 0 a = > . o En 0 ( / m \ D. / _ - - > > @ m 0 f \ 0 j [ / < = 2 n < m ai- 1 Z ® / 2 } 0 I ® N) 2 g F, u k / 0■ \ \] k\ k j§ } \ o a co j ` .. / C / 0 - / ± \ / ® \ = -13 > 0 / ( ƒ § ; 1 § / w / w / g C.1) \ o I -i CD / Z. » > ® \ § / / o 0 2 � 0 m 2 ) / ( a / § . . o XI \ § | --I m ) \ 7 . . . . o / § 0 mm . 0 - i \ = E 0 \ ? . 0 I 2 co 0 0 w m e CA 0 _ / 1 m \ « I ¥ 0 mD W // \ / / . , . . . . . . _ j co rb 3\: Packet Page -647 . 5/27/2014 16.D.16. N - - - - - _ - .Z N O y 0 K �. C O w m _. -C w N -' 0 �' 73 p N C -{ �U (' T 0 (I) D c r { c Ti 0 D 0m o Z D i 0 0 _ A 0 0 17. r n 5 p xi v 0 CO D v. D m m 0 o C S 3 Z I 0 -( z-C in I fD m ...< c m N I OT cr, 0 0 0 z O m m Cr)CD H ZO _ D I _ c D N CO Q. N N nl CD N "' 0 y m -I < m m m te �r- D rn rn m X 01 ,1 I I Z M M O V "D xi r d O CO J CO CO N N N (� Z NI &r 4P l rn O T co C O Z O cn cn o o °o -,-., C O O O Z 1 O o O O o 0 O I m -n ' -n m C c z C C 0 CZ 0 C 0 0 a O m w tk a 0 CD N L. Z p m D — rn --I r- Cn m 0 m • r1,1 0 0) w co Packet Page -1648- ( .=, ? 5/27/2014 16.D.16. C C) 0 0 u, o co n' C o ' co M n m AWN 0 d D CD -4 v T v 0 m z = n o m o 0 0 o D D in 7z 94• 0 m D C 0 0 Mr' O H m Z _... m Z x Cam) D 0 X7 73 N co m cn - N T. H ° L 0 z ci I a N , I 7J M (4 . C Z ° C) cn n m C n z o 4,3 0 m r C Z = > n d g .. m F N A A m H Li, m K b lD a O 0 '� (, O Z fp II) H Z ro 0 D I C7 r o o c —D m oo m C D CO a w m rn m z rn n > CD r- XI, m m -art I I J Cl m z) O w m A N N r V (C 0 •rn CO V 0) U1 Q) 0 OA3 Z N 4R W N n n • ) m C N c G) U) Z . AD CD (D aL W 14 l CD Q) 0) CD O o O Z O b O --I N o a O O -4 I m co m in C C z a o O . . , CD • 0 C 73 o 0 m w O CD N `mz a D co w ■ m o C 0 . G.) —, Packet Page -1649- `ti 5/27/2014 16.D.16. N D z n_ O m C o N m n m Awty -■ n 61 m a -i lA c z �n °— O O D n m -I m o O I r' C ,Z OC N O o m Cl) z m N 1 C { I S. O -77 N m O 'D < 7. .7r S m M o in A m I m rn C n Z C to C Z 0 CO _{ O fD r. 1 c ° ! c = n Z 0 m z ;'m cn lD Cl. N N N 71 Z I I I > —R. (/) D 1 { { Z I {I Q g u m O { I o cn I D o D D 1 I y N N N r R7 -} O m m Z aa) X T r ( rn m D r m :n T m O m m 0 G) rn 07 --,1 0) 01 N N N Z M (D CO CD C 0 2 a 4. a D co N ° P o O T A -co C O O O 2 p O o -4 I O O O cS H m 70 T a) c C 0 `o O v> m . -a 1 al o oA p Iii m I # 0 1 o p N m Z 0 1 y s I 0 I I • b sE - N CD W co Packet Page -1650- `; 5/27/2014 16.D 16. �; 3o a 7 6U o co d c, n r b N C0 1' N 3 t`] i'3 3 Iv N N Iv N - o o a o o > a ' o -1 `C o � C 'T P 4. 4, .n. W W N N r D N N - CP • R) q rte+ ) 1 7 p b.' N O In Ui W -1' D) C ,) ti IV N N N 9) ? ( Cr O tN) K''') N 5' (D CD D C) D O m .7 C C F Ii 4 a> 4, W (A W C'.) N N 7 — O r j oa 6, �� vC rn v> � C) 0 7-I ;- ( CD O O o D 0 C p0 W L.! co m• 12 O N 3 3 a Cr m w 3 Q. n) ••0 co [11 c^» ' Q C n . i ( N ? n N a a n m 1 1 ' N N (t Q CD 3 C) n 5, .-. 33 � � a ' >X) ' o � � rom-. � < ooO^ -o a 0 O U R, N j 0 O c 'al 6 `3 ` �' o c 7 a m 0 m 0 � a o N m a * N C - o o o v co a_ o u ro i r c .a. <r x� -- C) ) r, _a. C) c o n CD •; a S ^ tom , n M a C N n 7 7 o ° CD o 0 'LIT' OC. J C) C 73 1.i 3 n c m < 6' c p v m 3 "0 In m 0 m cn " -' n 5> N in N O "3 u, N `5 I N 0, 2 ? cT cc cT I cu -'- C cr, o' n-o W i'. o u) j m 2 m • n' n m m 3 o CD ]y U) v > n �' �� m m; m ° a m m -- N o — V! Cr) I U) N a. . 3- C> Cl a G ) --. ^� J b d I 3. o cu j 5. o- m 1> (rj o C ct :U I Z ''t m a m .� n a m 0 D 3 n w CD m a n;' 2. C) c, o CD .'+ °o (() m !n N (D _- n n N O A f� T (D "D CO 0i N 3 n () Q i f- 7 (n v C 7 1 -T� 0 - fo N 3 I N o N Cl I3 0 o - ..L <• ro (a, A 0 CDI ° f71 rn 0 CD 4O a CT CD la cr (nN . CT) p ro r, n - Ac` o' o m m I o en Ul m m O a 6 > N -�-ti U:7 �° J G ii to O CD m 7 77 a o 3 d -, cc I_ Xl ( v d co_C 6i ❑. O N m j fD j 4) iro G —1 ct 6) G) c) j fD c I V) A O N m I Q q'' tD f __ �.2 O (p °- n cu (� - co t a cry' �, 0 rat C) i' a; n 3 C7 r U)I _. 2 0 ro w• c a (D ro � a • m `wm' m3 i co n Y m3- ..r-F 8 0 0 (../) N F. yD 0 I -II ` �-, , r+ o 3 °' D _ am i ' " m '• ° o C)a O m v n , 'a 1 C if �o co m cn. N p^ •Cr v. i p 0 p - C- -. r-(. _C ro 3 CD n o v, u a �' ;c o t3 L CO 0 �C cn 2 0 CD v ° N m y M m f1 �< n o m a p t (D 2 �ti -' 0' • m m fl t' c a m l a) m ! ^' c)' C i C j m' o co n' �.I 0 o f co w °v a tf1 '� d n•m c o mo m - N• In1, U) 1, m Cl) a) u, 7 3 C C - I n, cn I o- Cr_ o `� a °_' F. Q 'o' ciCD -' 0. I = m ro- ! --' l c) PC- 0 x_t a) rC C 7 z — --7 — 1 CO j i 3 I c.) :-.. 0 _., -0.) C3 E. tf.-, E (3- 0 1I W 7 a Q a X D 0, a c H+ -' o a; (D -s. 3.Z7 r O .n., O Ill F6,- n a fl � a Q o - CT O .< 7 _.. I ..__- 1 __-_-___._.._-.__-_.__._..____ 01 Packet Page -1651- � 5/27/2014 16.D.16. 0 1 0 h m o t17 Q `'' `"' �" W O D `' <' O N COED N CD 'r -, 10 i `< n O CD p: p cD CCD 7 D Q -, C ('� N fD 0 "0 = CO .0 3 N 7 a N Al 7' C ill 3 a Q co 7 cD w �• O• m cD E 1•co m n n > N) m D < s n m z , D - n ° m O co N° u co o R o 'B O' CD co N 0 4 a) - 3 _O co 0 4.4) 69 69 f 9 (4) (A 6/3 b3 69 C. CO O CO (CI rn W 0 O --� O U -, -, , O' 0 O o C,) O O A 4 , 6" O W '•* O U) co co 0) O W W O o Co O 5 o W N) A O O W a.cn O 3 3 01 A co a 0 co cn 0 cD O . a y 0 Co b o ° •-, -c 0 0 ° -a 0 o -69 69 69 .69 69 EA 4,9 4,9 n rn D CD CO 0 C71 .- N 0) o oO a, c o 3 1.g ,. - W o 0 - A w ca b w 3 a ; ti co m C W O O O N W O O +. D a Q U)O 01 0) j 0.) co 7 0 0 o o N a 3 rn 2 f!)o 4.0 CO m 0o v =„ m I ri. m *CO (0 co 00 O a0 0 m ? 0- n I .li 0 o° NCn 7D iO n T o � C: --I C I 3 0 Ca EA 69 6 V) 7 3 o z 13 w 0) oN ° CO co m 0 a w ch w O _co 0., o o I al 3 c CD 0, 0) Na a c m 3 II Q c-' Ch o _ A DO U, cD u Ch 0. o- W o O o o to 2 co o N) o .tom o o p o m a CD 0 0. IW f =0) r„', <p 0 CD O -1 __L O O O O] 'r- r O� Y Oj U) 3 a C S H () 0 0 co m o -n C 0) =ca' v s' 0 w ^ I D 0 0 Q N rt D< cD N CD O s Du V -, 0 r co A „i a Cl) C) r., `'C "D (fl D o C N CO O z H N { o n o - -n V C.I. c'9 N a N) .r O 3 CI) T * rt a . Vi (a 3 Iv O o m 0 co to O y 2 Cl) N O -{ C C n () m w m ° o T co tv o _, ° fr cD rta _1 N () O I-2 (i i Packet Page -1652- 5/27/2014 16.D.16. N N) NJ N.) N - -N CO N O S j 0 0 0 0 0 0 0 ° co n, c. <' m 0 n; a) ET a) CD '2 N • I. ,"* 4T q* : 7 = B � C p a ce SID r .7i C G C a ' ,' C a,. *. s - I '' ro a a v' a n m c) I Ii .tn-.- C. C) 5 C) C') �, ' j. a ( _ - O tvt, � a, � , jCo - 71 o 2CDC@ � .:..:, 5 5 a a a a j 5 - -,- s Z A a < r ) y ,., r m cn to I Q no c -r w cp m a l; a tv C-) 0 CC a, 7 O 7 7 ' O , CD ' -J 0 CD co O O N' Q)" N .3.' ',. I I ! ! m Cl 0. ,, 0 0 - C ,. ro o ro -a , ::=11§:.:,;., 7 Cif O c - . N) N) o C7 o `m' _ '4::i,`:' A w a (0. o Z C) C o o - j m N) m H O■CD N) 9 O _C co 1 al o lb Q. lc.) - .N ''' 0 I.1 O) I� (0 0 a N N C) CTS -0 IN N Iw 7 "'- , ! cn .A a c m "O Q. 0.' .N p C) p� U7 N) O O Sk ti = 0 C 0 I ` ic J 77 cn n CD CD 7 07 r E.7 I I I _CZ C 2 O N N N 5~ C v, b ° C O I 7 ' N O O c Cn N I 1_, N 5 O ii - o � 1, U) R o I I E° ''" a Q 7 I.- c to la o (n m i -h - CD O n 1..) o Q IU a a ._ a I - N C (-,<T7 la) (I) ,,�.'1.'' 0) W O J C CG O f! + 0 �, 3 5 C . `. m E. I j v 0 , + cp d v CO -,I p m fC pOj �f' .� O a N O O * -0 n O f 2 CO i .°.' I a cl d c f cn `::;?4 in m '' C o CO G o I i I l! # i a ' -< I E. D CD =. C ;I L I c l � ' I e I ' , I z c 0 � -. 3 o m ) CD m I l 0 a ° ° C1; O a (1) Packet Page -1653- 5/27/2014 16.D.16. Grant # 12DB-P5-09-21-01-K39 CFDAICSFA# - 14.228 Subrecipient—Immokalee Area Community Redevelopment Agency (CRA1 DUNS #-076997790 FETI # - 59-6000558 Fiscal Year End: 9/30 Monitor End: 11/2019 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY—IMMOKALEE AREA COMMUNITY REDEVELOPMENT AGENCY IMMOKALEE STORMWATER IMPROVEMENTS This Amendment is entered into this 13th day of May, 2014, by and between the "Immokalee Area Community Redevelopment Agency (CRA)." A Community Redevelopment Agency approved by the Board of Collier County Commissioners herein after referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the "Parties." WHEREAS, on January 24, 2012, item 16D2, the Board of County Commissioners approved Disaster Recovery Enhancement Funds grant agreement #12DB-P5-09-21-01-K39 between Collier County and the Florida Department of Economic Opportunity (DEO) WHEREAS, on May 22, 2012 item 16D3, the Board of County Commissioners approved the subrecipient agreement between the Immokalee Area Community Redevelopment Agency and County to engineer and construct Immokalee Stormwater Improvements funded by Disaster Recovery Enhancement agreement #12DB-P5-09-21-01-K39 between Collier County and the Florida Department of Economic Opportunity (DEO) WHEREAS, the Parties desire to amend the Agreement to increase the amount of funds and make certain clarifications to the scope and time of performance Words St..uek T-Iir ngh are deleted; Words Underlined are added THE SUBRECIPIENT AGREES TO Page 1 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#2 Packet Page -1654- 5/27/2014 16.0.16. II. TIME OF PERFORMANCE The effective date of the Agreement between Immokalee Area Community Redevelopment Agency and Collier County shall be May 22, 2012. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior to Septembef-30,344the end date of the associated Collier/DEO grant agreement #12DB-P5-09-21-01-K39 as extended by modification. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD/DREF funding for allowable costs, determined by COUNTY, in an amount not to exceed•• - , , - _ • . , . , • , ! ! ,! • Two Million Six Hundred Forty Five .Thousand Six Hundred Ninety Four Dollars and 50/100 (52.645,694.50) in U.S. Dollars for the services described in Exhibit "A." EXHIBIT"A" SCOPE OF SERVICES COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(CRA) IMMOKALEE Immokalee Stormwater Improvements A. PROJECT SCOPE: On January 24, 2012 the Board of Commissioners approved Disaster Recovery Enhancement fund grant #12DB-P5-09-21-0I-K 39 with the Florida Department of Economic Opportunity (DEO). Details of this scope of work are consistent with and support certain details of that agreement. The Immokalee Area CRA project will undertake various flood and drainage improvements, as eeoutlined by the Immokalee Stormwater Master Plan (ISWMP), along with associated sidewalks, engineering activities and project management costs. Page 2 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#2 Packet Page -1655- Pt 5/27/2014 16.D.16. This funding will be used as a continuation of the Immokalee Area Stormwater Improvement project, which was previously funded with 2008 Disaster Recovery Initiative grant # 10DB-D4-09-21-01-K09 and part of the ISWMP. This section of the project is the Immokalee Stormwater Phase II Project consisting of Immokalee Drive and 16` Street in Immokalee, Florida. B. BUDGET: Collier County Housing, Human and Veteran Services is providing Two Million Eleven -- - -. -. . !- e! e Two Million Six Hundred Forty Five Thousand Six Hundred Ninety Four Dollars and 50/100 ($2,645.694.50 in CDBG/DREF funding for the project scope described above. Line Item Description CDBG Funds Engineering and CEI services $133,344.005186,454.00 Sidewalks $475,000.91$185.535.00 Flood and drainage $1,378,610.55.$2,223.705.50 Project Management $25,000.00 Resurfacing $25,000.00 TOTAL 52,011,955.4652,645.694.50* *Expenditures of$633,739.04 shall only be reimbursable if they occur after DEO's approval of Modification 43 to Disaster Recovery Enhancement Agreement #12DB-P5- 09-21-01-K39. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. C. PROJECT WORK PLAN: The following Project Work Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Start I Date End I Work Plan 9/2013 11/2013 Prepare project plans and specifications 11/20135/2014 12/20136/2014 Procure eligible Contractor(s) 4-6/2014 37/2014 Begin Construction 48/2014 69/2014 Construction 50% complete 1 79/2014 912/2014 Construction 100% complete and project close out * * * Page 3 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#2 Packet Page -1656- CA 5/27/2014 16.D.16. SCHEDULE "D-i" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Immokalee Area Community Redevelopment Agency Subrecipient Address: 1320 N. 15th St. Immokalee, Fl. 34142 Project Name: Immokalee Stormwater Improvements Project No: DREF OR-01 Payment Request $2,645,694.50 Dollar Amount Requested: 2,011,955.46 Date: SECTION II: STATUS OF FUNDS 1, Grant Amount Awarded $ $2.645,694.50 $2,011,9-55,46 2, Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request $ 6. Current Grant Balance {Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT, I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Page 4 of 6 Irnmokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#2 Packet Page -1657- 9 5/27/2014 16.D.16. Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) SIGNATURE PAGE TO FOLLOW Page 5 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#2 Packet Page -1658- cAC 5/27/2014 16.D.16. IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk Tom Henning, Chairman 1/14/2014 Dated: (SEAL) ATTEST: DWIGHT E. BROCK, CLERK Collier County Community Redevelopment Agency (CRA) -Immokalee Area By: Deputy Clerk Tim Nance, Chairman, Collier County Community Redevelopment Agency Dated: (SEAL) Approved as to form and legality: Jennifer A. Belpedio A— Assistant County Attorney c � �\\A-- v Page 6 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#2 Packet Page -1659- 5/27/2014 16.D.16. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 MODIFICATION NUMBER 8 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ("the Department"), and Collier County, ("the Recipient"), to modify DEO/DCA Contract Number 08DB-D3-09-21-01-A03, award dated May 14, 2008 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of S 2,814,698.15 to Recipient under the Disaster Recovery Initiative Program ("DRI") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. FJ Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of 12/21/2014. M Revise Activity Work Plan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. F Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Packet Page -1660- CA0 5/27/2014 16.D.16. Department of Economic Opportunity —Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Modification Number: 8 DEO/DCA Contract Number: 08DB-D3-09-21-01-A03 Recipient: Collier County Page 2 Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. n Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment , Activity Work Plan section, which is attached hereto and incorporated herein by reference. Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with"Department of Economic Opportunity" where appropriate in context. N Other: The overall budget has been increased by $3,762.92 due to program income. The amount of $752.58 was added to activity 21A, Administration. The balance of $3,010.34 was added to Activity 12 Replacement Housing Service Area 47. Packet Page -1661- Department of Economic Opportunity— Disaster Recovery Initiative 5/27/2014 16.D.16. Modification to Subgrant Agreement 6/1/2013 Modification Number: 8 DEO/DCA Contract Number: 08DB-D3-09-21-01-A03 Recipient: Collier County Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Development Recipient: Collier County By: By: Name: Robert Dennis Name: Tom Henning Title: Community Program Manager Title: Chairman, BCC Commissioners Date: Date: T Approved as to form and legality ,�. .ssistant County Attonley Packet Page -1662- Department of Economic Opportunity—Disaster Recovery Initiative 5/27/2014 16.D.16. Modification to Subgrant Agreement 6/112013 Instructions for Completing the Modification to Subgrant Agreement Forma 1. Use the "Tab"key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the.number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information, 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an"X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties," type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an "X" in the check box before "Other" at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must have signature authority.) 11. Submit three originals of the modification along with the required supporting documentation. Packet Page -1663- 5/27/2014 16.D.16. - • CO 7) M r D m D D 73 -P W N -, 0 i Co m y c or n co c o a = -- c p ' C; o E o Z > � o g n = (° m = m n o p -i o 0 U n C - m ° U m < C (o' Cr) C O Z o ° c -< N T -1 'O- W v - X -I o 0 O 0 0 11 n Z X _C)a( D m I Z rn c X aD C Z D M 0 Gf 0 7 - 0 C C C C Z O� O Z U) 0 -`o a C c n' ? = O m d a Co� °- � _ m z � O CO CO A - A w o X 1 m U U1 N N U C Ui C n O .. � r 73 Z ., ai a U-1 --11 ° N' O O N W 0) D 1n w w v cn Ni A co C D co O m C (D C N N 0 C 0 © "'I O z G D C m m — C) v ° ° ° o 0 0 o o c I 'm 0 D -1 m � 0 O A N CO I H Cr f W Ut Ut Ni .A W O '_ Co J O U1 O W O (D I(. N N Cn O Cn r CD) U) 4,5 FA -A FA (/f (A b9 63 FA 3 FA FA M C) CO N N 0) W A NA 0) D -• N -J D N CO CO C� W W C) J U1 (D Cn CD C) -J _ Ui 0 S .A V -CO -CO D J j - A) C cD :a - 0 H 0) .A N V D Ui CO W O 0) D D O D Co O D O C O) D O) - W W z < ET O IJ Ni C) O A 0) A C W 61 Cn -i V Ul (P CO -+ O O CO C W N N O O -+ Q 01 U7 —I 0 C m g c C J Fi O N W m W C c, o •-'o O ° p p C O o G7 °1 o 0 ,o U) I M m U) co co U ° n o0 co C -m p O Co o, U m p v' gt w FD. ° Cl) CO • m r ,-- k- r- r r rn D o Ia a a H -I r y m 6G, Packet Page -1664- 5/27/2014 16.D.16. Cn O J Ic m ti' m J 0 a w no m iI Cl) • H 4 C) 7J = o > 0 1 0 _0 a, - i 0 m o :fl C 6 Z pD D c D 0 7 0' i-t n n c 2 c H O 2' n n 0 C C 1 Z 7J n -< N R m l 'v N -0 --4 z p o ; D fm f I I 1 cz Z I > m 0 O ( C i —: (n j c z co > >i o wz _ i I O m p f m cr, I i ! I m C z A O z H 1 -C O I I 0 � o cC7zi co w cn W co , I s I� O I z E s. G m M l„ i I I 1 7 C7 0") X 1 T -n 0 4 � m > i I I o J D 1 co co I r- Oo -.1 O? U, co co 1 N 11 I I w C I 1 a) Cc) I r.; y co C 1 I I CO w co 0 co (0 C c Lc z co co ii 1 I— C 4 z p 61 n o cc-,') ci I L;-)., v — C D o I I I , CO i m C I 0 CC n> 1 1 1 co 0 o. i 1 Ic i l 7 o w 1 I� �' � 1 co 1 rn C'n N co co _ DI _. Q O 6 S' O H' i r y— 1 < C m co r 0 w (L.,,,32 Packet Page -1665- 5/27/2014 16.D.16. z m u, C n. O m co N. X m u -i ` -o z H z a o D r ° Z D D D o A G1 C> o E 3 c n _ - C V ) a NJ A N m m --I 00 C 0 > z O 0 - z m co __I C D m 0. C 0 Z > C) mo z ED c c z 0 - z ccnn O C) -D Dm C7 C Z 1 O s M m 4. rM n C W -zi 0 < co 0) w W Cn m D z 0 Q (Tr X o - CD rn w w O m m m < Zl x -o O S 2 ° -< 70 O X > 0 X cmn m > O H D r rn --.1rncn rn co w cn E O co N N y Iv S OD N CD CO N C ca O. CJ J Z co co W W • C m 0 7 R K O O 77 n r. W .n CD fl% c z D nom Z p. mk FT; OD m Ci co - H 0 o n CO o CD O CO 0 0 C H. m N 0 c u) � w O E - oO co -� _ ( 0 I � ; b r r , m yl o 0 -I -1 C D Iv < C rn W o _ D C W ( Packet Page -1666- 5/27/2014 16.D.16. 73 z ro I o op - -3' D T) ( I • m .awNH m 1 n j v z cn z o > O m 77 s o z D p p m to o v, 0 ---i 0 m 0 n c O 0 3 a C '., n W K m < K C H ° o cn Z ° �C c- 7 D m H X7) --I -� D I C) n z S > g m o f I � Z CO m X I an • c) z • > ro c u 0 C C - co z o o r- Go o x N � Z =: 0 .T1• k- a m m .� m n cn a m H O < W N N t -17 m CD 45 n { Z m r 7J Z o W I - Cl) m ` w a - o (-1 I Z Ill < Ey I T• D v p > G) � . D rn g H J Cl) 0o �1 Cr) Ul Cr, �; u . G .uo C) N — N co Cl) .A _ -CO V cn rn m • C Cl) CI) 01 Z -w' . --7 I NI V: m n I- C 2 = m �. = - n 1 I x n i m w C CC y 0 a : o * co iii w n co A o 7 W E. m o C co w L - . CO E C m _ w r L Z, 1 � 0 I { -I n . C r D f o 0 0 Cl) ( H ; Packet Page-1667- 5/27/2014 16.D.16. .. . .... . .. ... ......... .. . \ ' ; 3 5 • \ , : ` \ a = w — n m \ j / { / \ \ 2 m § Z > \ / / s 7 s > C 3 F6 r / \ \ } 2 § \ C G-) : j O = e = / § 2 \ C ' / <' C \ \ - C � 7 / Z ) _ \ § / » 3 o \ CD NJ \ —I / > -n . a } a } , o n \ co - > E I _ z m ] \ / } - o ' _ > § § o ' � \ ~ z \ 0 - = m @ g � \ j \ 0 z co \ z / / m « D m 0 e - _ ® 5Q / ° © . . . m \ \ < m m rn » / _ \ / \ > / . . / mD H m g N) § H ~ CO w = _ / co 1 o c § > co x --0-,/ 0 \ 2 § , \ : \ ® e e , \ \ = � / e, D i -n / � � \ _ > _ §/ \ ( I m®a. , , / I ■ G o 2 c -> 2 § :_-_*1 1 / . X09 E { 7 \ _ ® m \ CD ` � 1 ` c \ 6 \ \ i \ + 2 co/ BCD \ . . • . - I - - . d?: \,,,& \ Packet Page -1668- 5/27/2014 16.D.16. . : . z C } 0 ƒ :� m = o e 0 , : 2 @ '+ : 2 G z o I y = > :/ » - a \ ° e 70 / z ;y . / \ P > m ■ > •� / a / \ \ j 0 0 > & » — _ e: 2 w . . �/ = \ ) \ \ \ 5 / > / . ® \ / / \ ƒ / . / fee / / < / . 2 \ . / / / } 0 > Z -1-1 g = \ g ; 2 Co a 0 . . 6 �) \ % ° 2 » @ ; : ` ƒ J ® I . 0 ' _ . E / E . . \ o % ` �° . \ \ 71 I > 2 \ } . (/ /' / m § . . ; \ \ a © \ ® 3 1] § M / 1 i , 1 , \ \ m m 2 m a / m z i _ � cof 0 _ @ t � 2z _ Ii . p E 9 > ® ® � z 1 I ; Q — < . > / G _ \ ^ \ \ \� . _ . , I H. 0 / H > \ � » :I-) ~ gig CO w c a y / : , j .E I / _ I 1 I e I 1 ' : g e'. I o ° , � 0 I & I , 4 / _ \ I \ 0 CO , CO _ 1 /\ » 1 \ /: 1 • ( : / o / / I 1 . z - ƒ \ < _ : z - m: ooy /. I . / ®— » a I I /\� 7 . . /. t ! . . I \ o \ m O e m _ # » � G / % ± . ! / 2 \ /�\ I I / M ∎ I I z _ ¢ y � ! \ / � \ \ I m/ I . . . I . _ . f \ / Packet Page -1 66ƒ 5/27/2014 16.D.16. Cl) z O cr 7J °7 . m 1 W N -t C) ti • -I T m D O i -° m o a -o CD O Z D m X m m w z • r- (i) m D D Cr) o c o a) Z 0 0 • n C E m E. ° C) u -. 73 --II O n _ C m -.I m v 5 o C -� z m C w o C) 0 D -� m, _. u' Q 7J N ') = C O O 0 o -_ y D -n 0) z 0 Z CD z OD O a c D cp= o O M co M -I Q -n D D C zcn z > o -I CJ C 0' CID rn C T Z C) W O 0 C -n -ID m O r m 00 r . z cn O g c z m m z Z O cm o0 0 H 70 Z D x -1 D o 0' C --II o m rn COC r °� ''7 O o 5 O m 0 H O rmn --) g D o r co � rncn oo O .G,, 0 C Q7 .A .A G.) o C ti > CO o o 0 0 L : 0 0) ;o o 0 0 U) o o n• < C z -E co CD m m r � bmC Q co x o D - -° rn m o ED m 0 -I °' * O0m m C Q C Q I 11 ciJ r � O o cD co --. cD _,. r• u) m • Do W ' ` 1 Packet Page -1670- 5/27/2014 16.D.16. oN M Ct -1 o ! I r 0 cp z > v m d r m z > 3 I r) C) o rn < D > I -1 Z ! n 0 > -4 I U 7 r,..) c) Cl) I ca _m 2 I — D � 0 1 IJ ° �m 1 Dn m f f 00 rn m 1 1 1 -i in 1 70 C D h cn Z 1 1 7 p -i Can i_ ? c s ;0 C -i C7 — 7 m rn c I 1 z = 0 0 f c 71 rn z �' cn m H O '< ` t9 -N I N I z f 7 ° 1 1 I - f z > co N m ern 1 N) m 7J "p 0 -n -< m1 c n x -00 Im in I H 0) 0 ; i J H D f W --.1 a) cr. N ' ) , N 1 n En I 4,9 I > a) I ti 0 Ni 0 m 1 I z C) 1 --i o 1 o NN 1 f I cL r- z *i (I) n c0, I - I (Df cc, amm v F) I 1 �1 r v v 10 1 1 411 * w 1 CO I ;i O _a v 0 c 2 D ft n = W vs I (D0 W W I I I rnz - - H O I m CD o f CD w . Packet Page -1671- 5/27/2014 16.D.16. z ! ; I y 0 0 CJI CI) 0 0rn„C) w N iN N N N � rn 0 N 0i0 0 o O 'CO 0 O 0 �! C)c�CO C) CO CO CO v c :13 O n 93 ET o m to > -.1 -1 C O N N N N N N 0 m Z 0 0 O O N O O co D r T1 Ill !(OD O 0) W 0) CO Cl) C W co CO vim D 7-,-.; 90 Q CO ® 00 = -i 17 ;U Z7 m > m W m 0 �e ,O FD a n C m --h Z . ”' m ;n' O m 0 v L W p -I o C) (�D (D f fi C ;Q = TI CD a a -o o' o v Q a- -a --, a C7 -o In C Q m oro0s O co a. 3 ■q Cl) r,...-,. n p W � ■ z C7 "{� C CD cp CD cnvo "0 1) C m a 70 -0 CCD o , Oc. 0 iB < D O D '* I N O E. C rn C . - O CD = 0 C Z i co 3 < =p c o 000 c '13 CD 0 O "< .-.. C X > = 7�7 0 mo' 0, w0 —I '"' Xo < Q o li RI CO .D ap - rn rn -D r_ 0 ! C 0 C) x D m M C D > (' Z 073 C 0! M 0 m o . -. s n 0 � � ZcD � 0 CD C m 0 o- ok C ir,C , I i FIT c ° 's 0 �J N -o 0 " co, 0- 0 o D Qom ° 'g co co i : m cn o 0 a. o - i n. , co -G9 1 M Q . �� O g. CO0C0 mc� s . w 0 Q 0- to �. a I ' 6 O 1 Packet Page -1672- 5/27/2014 16.D.16. H lc — I— I, icy, 0 7J IV IN N IN 10 N N I0 ■O O N 1N 0 O d m ® n ,- 0 O O , JD O ( O O O O 0 10 CO r* CD cn 1 -, Cn: - 2) E') P. 0 c) m m -- Z DO -�1 ' — icc 0) N �N IN N N ^ 0∎ m • 0 0 0 m _ 0 0 10 0 0 O > 0 0 0 '0 0 (D a) v j CD CD S m 1 moo _ -0 H o m o m o f CA o c. Im m w '.c Ic i� o D o 0� c c 0 CD co 10 N 5'I N o m m Ti C) -a _ a (DI 3 c0 = n 0 O I CD 0 -0 (p !`? '� m L n -°0 I 0 C) 0 O i) v iT7 v p O 0 FT I 2 " Z (b O '� (D (D 2 ( 0 o �m 1 7 °' = D a .a 0 0 �' C? 0 m a 0 l o' - u, m o 1 `0 'p ri cn `D 00 0 _ CD m ID CD_ m � CD v 1 ! a00 a1 ii 0 C > `< 2 l ? 'I z_ CD v rn o' 01 C D p to a cl !: r ED W0 G)—+ o ni cn-0 D n ZJ cn v' - m —i 0m m �7 m C3 0 co LT0 m aD ° mi -p NN { i �Da 0 m � o "a 1 I-69 m; c0 0 1N I r [D O 1 ;1, moo w QQm c. m I oz) = v (nm � I m a) i co a C 1 7J Q J D_a t» 2 vl I CD (Nn 0 0 Qam W. 0 = 3 0 Packet Page-1673- 5/27/2014 16.D.16. 2 -4 CD 0) 0) 1� � 0XI o N) m o 0 o o 0 0 3 a MOM o ! °w °w °cn °m 0 0 o Z C) o 1 -, C FO 1 �9.3 xi m ED r , 8 --I 0 -' -a. CO Co 1 C — Xi 3 N N N O `: - d rn Z 0 N 1--\-5 O O O N N > 0 m (D O O 1 -+ j < _ n : - - — O 0 - a)cD =O � Q0 QI W O --I 03 Xi a W'V �' o Io 0 o o o 1 n m o ED t -- o Z a' ® ` 2 cn ° ' 3teCD O� . • i -{o e r 5 al co e to 0 = m o 3 rn 0 ro {D n 0. N O Q °S can ° & CD —a m o r� O C7 O �'�_ S Q. - O " 0 EP cD I m w R- c .o cn cv o o c O O - • [D cD _co m m I G) CD o - rt o ° _ P o - 00 0o ,° n) O 0 CD . Q ° v I� �. °c 1� rn > 70 0 0 El) Fi3 .Do Fla ' 1 o. m ° ID 00 m 0 -cr I o o Q O CD l ' 0 < i Q-m CD 5 . rn 0 3 a- o C ni C'7 C -a -- 2 �- v' ' 3 10 I5' 'G 0 O' 0 iv C� --E B CD 0 0 L w cn 2 5 3 m a E: B Z7 0 0 0 -G a) °' ° m CD cQ x Q. m a 3 7D D rt C7 m 9 o o 5 cn l ro o L m W 'p CO ! Q U o o n 17 pzi O al Fr) nal co n) 9 ° 0 8 m CO '0 U) 5• < N ^ C D D m m CI) CD 71 CA cQ' 3 -1 ro (D' .---:-.. m G7 ill TTI 1 20 1 rn 1 0 I 3 0 N 0 * )u v < G3 1 Qp- CDD -, pN X rfl 1 1 W 71 b3 1 ■ -.3. 0 1 1 ^ m W os a 'x 4. A m ro o D D I oo ch o- u) E o Iol m ^' ° o co 1 w = a o- ply 01 > G.069 313 m N o o ! � o- N 3. Q 1 , 1 I 1 3 1 Packet Page -1674- 5/27/2014 16.D.16. I z I co H ,— - ci, CI) 7 c N N o N N -., 0 morn o 0 r� r io a 3 m �1 Z Ci 0 0 0 o m CD 0 i up CD °o CO CO CO < -p o tp n rn i > Z i 1 I 1 II > -4 —I ! i IC' 1.--- IC m Z 0 O Ip N C) IN) O ,N �;. D Z in iJ N O K a I , o O oO O O C' N 0 CD O O �y n� ° ;C' m -, - ml * CD n t O co-) 70 2 ' ( O co m Ill f 1' p t o ?� i m i D - Ow 0 --1 0 'c m O C is °_ I- -y �Cl) I� , - O ° 0 0 n 1(' 17 up CD CD 71 IC) m 0 CD (o C 1:2. m (c• ' c , 0 0 , b m ,c o w a r. fi, o 6 ! LS c . o m ° rt O to m = n ro a Z CD u O 6 CD ifl Cl) v D ) S -0 w - C) ∎� 0 a m n ° O ✓ v 0 'D o a o I6 0:,1N c W �I v m cc - i� 1 � o . m -1 (0 ro C 0 1 AT C) C � 2 1 Z o Co Q o p = , (n l7 C7 ro 0 `< U m 5' o 7.,..= O —1 r 7 O m c� rn co O I m -fl r- G)-II CD o m •' C7 3J m o W I cn. m 0 73 a o Cr) 73 0 K 0 2` C rn ,r 0 0- 0 J c O = t`1 2J I � -.o g- - 0oa -• o .A j C o -6,; a -' c.L c 4n . 0 m m o 7 w o cn ; -CS o . I • Packet Page 1675 t,',.-.-eef 5/27/2014 16.D.16. o Iv, W W o cnc) 73 !N N IN N Q -c-O- fO_ +O O N) o 3 N_I O CO .� S Cn m spy m > m Z a cn -r. 10 -' N Cr 70 o as CD N o 0 N 0 > O m O o O O O 0 _ 1 1 O CD 0 (D 13 v O 10 O CD 00 a _ , a moo (') "C7 0 > CD 'S 0 5' Z m O v ;5. c0 iv ro n W 5. 0 I = m �-� 6- � � = 0 n a (D p CD CD i = T1 o Io s' a -o cn o , , m a 9 I N (,a a' o a m o o A 73 o ID , 0 Z CD oII CC D Q m I D= o' D cD g rt ' �D o� n a 0 =Iv C m � O 0 c Imo "0 w m J f a CD O O I P_.H1i Q (D CD ,, ,O !C7 W (1) "0 0 0 -‹ CD ° m „ ° C70 > C 70 (') 1110 C7 L0 - r'+' XID 1= ro. Q ° g X L m co pj a 0 - - mm -c rG) m °p' 0 0 >v -' m Z --Ji f m CO -o (n io 0 ZCD m 0 1M T1 D m E a -I XI a 70 { a A C7 W O FT ‹- 3 C CD co 0 X Q s -G m i °,, N D - t-) --1' I Q CD_ (( N O zT 4 -n - G) CD I c Q 0 0 ID a � mw o w 0 D a 0 co CD c- o. a .< a Packet Page -1676- 5/27/2014 16.0.16. z .1 H — Ic) U, to C? 73 o 1 N 1N Iry a iN N m 0 rn 0 10 O jNJ C) 0 1 C v � o jcoo °o �C)) °�, � ° X/ Z 0 CD m o - .-4- C) 1 rTl CD �' mnZ �I 1 > —I -{ = N' ( A N 73 . -.5 N -> rn O !' N N i V N � 7 I 0 0 I0 O N0 0 I K p v > O Rl m CD @ 13 ED 0 I C (D c0 C � v C- r'i �' i * L 77 • `<i j 0_ (3)- 0 2 W m n) -p H -n I D D m p: E u: p r;, m ro ro 6 I m d w -i i�` - v "< ° 8 a�i o 0 o ,-,- h 7 N 0 N - 0 0 tP c C) co - Q 7i1 3 m a O o �' m CD jB o o 2 cou' m cr -aa ! O ��y -o -o _ * 0 T (D O N O CD i rt jN i= C I(n `O, a, a 0 m a a (D m D w 'S 3 � m �- j o 12 O D o o' C7 5. !c° 0m _ I O FIT - 0 m CD °' o -0 Z7 cD �0 0 3 s8 0I X 13 p i� 3 o C' o E3 74. CD C CD I -. o.. 0 QI i 0 C I ,S C �' ,-- � 0 = o U � v o I_. = X > = X C) c C M 5'� o g-0 -1 a O .z -I n co r- G) °o° ' ''0 C) 70 > -o = CO -0 Z G @ c D (i) j n D m o f m- i a, x e i —t co I o 2) G o r; o 1* o m o �o� m "° O � 70 C2.; m .m — -o C O Ta = 0 7J I . -70 CD CO !0- m _ oI 5I m'-� o o Di o Q11 c`v ffN 6, .-: a) u) CD o (n to c" F o 73 I I ICS 69 3 �I �� >yc � -• 0 J CD cn O to O tn 7 Q O N O o . Q 6 O C Packet Page -1677- 5/27/2014 16.D.16. j I p i N O N O CAS o Cp N N, O d c) O N d� ® C} O O O Z _ CD ? 1� W _ a w I 9° m > m I > _1 °d rn ci 71 0 N -" C) N N 0 m Z 0 , N N N d O' M • , v S?° a rB pp O � ' I ID CO E. to s I o �' 0 1 0 a m S WD C7 Z w O o o o = CD o sv � CD CD c� 0 ® 0 —E 5. c CD 5 0 n C) -•o C) O N CO t.(9 .... 0 E w 0, O ° • Cn -0 - i ITE CD CD 0 0 .:, C p o 1 0 Q ' O -' W ill C7 -0 N O r/�n+� -p ' - O n O (a .a 0 CD o o O C) CD < 5 Z j , ° �_ = 1ro D CL SD W 0 I 0 -0 n �- O 0 _7(g: m c-. iD FE" oo "Q 11 o m Dma X 'p 0 CD 20CD 00 Q Q ..+ rn —i CD 0 0- O CD Ell 0 C 0 n is _0 0 -{ I j Cof' 7 'O 0 CD 0 < c m a es , 73 > = X 0 rn 0 0o Om 03 � W � i - -, c� m -o r0 ' I el nom zCP CD {7 C > > E.' m. "2. G)) f CD 0 rt. --I 7:3 G_ 0 0 W I C N D Cn 41 0 n » () r•-' < C CS 0 l o ITC< C -n -4=, 7.3_ 1 C iD Q O Q O CO I I ro I CO o 7 70 m s o o > -4=.n.) 0 Q ro C5 c s j °_ DO CAroa N Q I i CD Q 2 O, cc){{ I 73 > I _- @ L.nEfl2 C1) C EA -• o I ! N m O m O tn i 1= Q0 N CDS C2! =� p 1 i Packet Page -1678- H U U ° 4 CC `- 0 5127/2014 16.x.16. D c t w > td ;.- o a n• ' D z-4 a D v v a. � C G) N O s Z ;. ~d uD 7.1 7d 7 -3 Y o iu W r a G < O ro n I ti 3 N D 1-Z U C O .• 0, > p z b w r ti o CD IC) _ _ _ 69 H9 Ge b9 Ge bs = U) = 69 O' -..1 W O •-- U) Ch O 00 a 0 N C V, O ' C V, • -A 0 I '' O O C C cc O C C � co' - -C, O O C 1J O O C 0 a ^� 0, 0 o a c4 D D z co D O O C J O -P DC IJ O a w B cc V, N' N• i,, if3 69 69 iii be be C29 f• �" a = Q -A) -4.. o, N V, ti) .C: N) 0.3 Cl) cn 3 C •N V V, !J �1 J ..P. 0 Cp CC 0, U) Vl W .. '0 E. Cr m N ----1 '(-0 O w O GO 4=, co m co v v fn 00 O O N O �l L� 0, c 0 = H Co, tJ [J O DO �: O �� C . a Cl; , m v. ,� a D O w V 2 m N 0 co a • N C 4= = _? Q (i (o ;(1 NCO i = I a m Ef: b9 v9 b9 ) Ge if3 d3 I I ro Z rn -A. OA N V, V, - l• p0 1:7 I - lJ th V, AD J N J r-' s 0 O �D a J 0o QN1 -.,-1 \J C � W O 00 V' 0 i - rn CO DC O v W O J '.-) 7- Z O -P N N O 00 W .--. [n p. �. -.. C.• V, v^ Cl O W N tr O 01 G:'. V Q N b co ^.1 rn D PJ 0 ' x '� r-- tJ, N 0 CO O N 6) 7 w . m —3) .- 0 o 1T 0 T O v CD 0 y 0 �0) o , n Cl) a. D 01 D m D `CO t7 -0 Cl) 2 °' =3 c ■-, y c0 I: CO tv ✓1 O co N -. n O 7 Vic, F.)' 0. -ate-' 0 m 0• 1 C) a) -10 0 _ a O ...... — .� ,W N rJ, O m r- -+ 1.-1 1 O 0 n Packet Page-1679- _ _ 5/27/2014 16.D.16. N N N N N O ,0 .A w N NJ Q ,,..) w w -P N D _'" O O O 0 O a" rn . v v - v cn — ti* * * .- C/] '�,J CID %� H J 3 c c 0 c 7� a {p -O "O 'G N CG ceC"r-� F5' n' n' tv —3 a CCn v n) m v R 2 r CD m co co • a a a o = z D .� a m p m G cr o . z �` � � cp o @ �, C CD Qo -- z o C m - m Lt a w- — a : CD cn-c3 O O C O -P D,) W Li ---.1 C7) n In N O O o O. O C �. CD y o a7i H ✓ c•-, — o c C O cu a a El- f 2 c;1 7 CI) Q) 0 cn n ' O O O a,▪ J ci N Q � O CD cn n c 0 o C6 o S O ' a a CD 07 CD CD N u� iD ca 00 v% v% N W vi Vi — 0 —o ° 3 m' o o rn o cn a a W o 0 n CD co W '‹ M L.) U) a, < ° m N w - '. .r. cn w CO cn --.1 W CO 1, 5' n N .A N O I � O C a z 3 O -0 CD -o U)X 1 .1 O W O O 1� CD o v a o a cr CJI m a Packet Page -1680- 5/27/2014 16.D.16. May 27, 2014 Garry Thomas, Government Operations Consultant II Florida Department of Economic Opportunity Caldwell Building 107 E. Madison Street, MSC-400 Tallahassee, FL 32399 Re: Disaster Recovery Initiative Contract#08DB-D3-09-21-01-A03 Modification #8 Dear Mr. Thomas: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement #08DB-D3-09-21-01-A03 Requested changes will facilitate expending the grant funds and allow Collier County to address certain Disaster Recovery needs in the Community. This modification will accommodate the following activities: • Extend Agreement • Revise activity work plans • Revise the Budget and Scope of Work • Recognized program income and increased budget The enclosed modification was approved by the Board of Collier County Commissioners at a regularly scheduled public meeting on May 27, 2014. Sincerely, Tom Henning Chairman, Board of Commissioners Collier County, Florida Approved as to form and Assistant County Attorney Packet Page -1681- 5/27/2014 16.D.16. May 27, 2014 Garry Thomas, Government Operations Consultant II Florida Department of Economic Opportunity Caldwell Building 107 E. Madison Street, MSC-400 Tallahassee, FL 32399 Re: Disaster Recovery Initiative Contract#07DB-3V-09-21-01-Z01 Modification #10 Dear Mr. Thomas: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement#07DB-3V-09-21-01-Z01 Requested changes will facilitate expending the grant funds and allow Collier County to address certain Disaster Recovery needs in the Community. This modification will accommodate the following activities: • Extend Agreement • Revise activity work plans • Revise the Budget and Scope of Work • Recognized program income and increased budget The enclosed modification was approved by the Board of Collier County Commissioners at a regularly scheduled public meeting on May 27, 2014. Sincerely, Tom Henning Chairman, Board of Commissioners Collier County, Florida Approved as to form and legality Assistant County Attorney Packet Page-1682- 5/27/2014 16.D.16. Department of Economic Opportunity— Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 MODIFICATION NUMBER 10 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida. Department of Economic Opportunity, ("the Department"), and Collier County, ("the Recipient"), to modify DEO/DCA Contract Number 07D13-3V-09-21-01-Z01, award dated June 20, 2007 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of S 2.340,283,64 to Recipient under the Disaster Recovery Initiative Program ("DRI") as set forth in the Agreement; WHEREAS,the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of 12/21/2014. (/ Revise Activity Work Plan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B. Activity Work Plan section, which is attached hereto and incorporated herein by reference. 7 Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget. which is attached hereto and incorporated herein by reference. Packet Page -1683- Cita 5/27/2014 16.D.16. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Modification Number: 10 DEO/DCA Contract Number: 07DB-3 V-09-21-01-Z01 Recipient: Collier County Page 2 Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. • I l Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment , Activity Work Plan section, which is attached hereto and incorporated herein by reference. I Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with "Department of Economic Opportunity" where appropriate in context. Z Other: The overall budget has been increased by $403.64 due to program income. The amount of $80.73 was added to activity 21A, Administration. The balance of$322.91 was added to Activity 12 Replacement Housing Service Area 412. Packet Page -1684- 415) 5/27/2014 16.D.16. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1(2013 Modification Number: 10 DEO/DCA Contract Number: 07DB-3 V-09-21-01-Z01 Recipient: Collier County Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Development Recipient: Collier County By: By: Name: Robert Dennis Name: 'Tom Henning Title: Community Program Manager Title: Chairman. BCC Commissioners Date: Date: Approved as to form and legality Assistant County Attorney T") Packet Page -1685- 5/27/2014 16.D.16. Department of Economic Opportunity— Disaster Recovery initiative Modification to Subgrant Agreement 6/1/2013 Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties,"type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an "X"in the check box before. "Other" at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must have signature authority.) 11. Submit three originals of the modification along with the required supporting documentation. Packet Page -1686- 0 5/27/2014 16.D 16 O IN . . . . Ia w ¢ w Z ) o 0 -1 0 U O u T 0 W Q 1 o 1 J ! H W it 1 O I H N °o N o a u°ii m O o o C9 u) 2 W o m 0 N- CO N CO N n z N O O N m N O d ¢ r.) m A C 0 a = v w > 69 v) 69. bq v? vs w rn e> va 2 I O o - r M C) Q p N Cr) t) D !- W CD CO N.. ffl 0) ~ y N- F Z L✓ O i 1 w › J . t • `U W tL a i `= II a> • w cn - > i I c w IXO z I I I v o W m o O r- N I a) C-') v O , 1 t_ ('1 m It)C.2 CO v I I r� 'Q 40 Q ", _ tr) •- fn F o C Z <E5 w Q to O O3 OP. O [) th �'; N OS zc � w co N1 j z W _ � z 1 1 I p 1 1 U O ;a I U < f ac> O J z �_ Z in N < cv.� a _ z ( z o i iQ I 3 3 ` i I LU o W � a) mow. To 1 = o ° 1 I Z aa> ° m O a a °' a' v O w (3,3 4 - T a O ° N a h- • S▪ .3 Q C L U ° 0 7 > W ~ Z t) Z o: N E m L E O N-te • L] rn c c- y 2 a w in Q Sj ° 8 8 2 t a `b I E ti a .- a m < Z 1 5 c .c 6 E a n 3-' < a; a O z to y o ° @ 0 w a , 0 0 = 1 < W C Lf U) U) 3 I W 1- U) C W CO r1hflM V v w 1 >x rn . r , O N < cal 0] < ,;� —�I Q ( o ) Z CV N V1 - O 0 - CO N. CI) Packet Page -1687- , 5/27/2014 16.D.16. E o W H a) ,-- -J J z w Co p j m 1 o W tI o Co D ❑ z I W O I a) H N 0 m 0 , O O I O T I- u? to O -p Z M d o0 4> Q. (D L 6 is, Cs (f ¢ o ¢ M M Q' I 0 R. I R' ❑ -71 rgi .4- � 0 � 00-J z - ~ 0 c in cc LU. ~ . ca > � i ! c a 0 0W � P ra W °- - a wa m Cr r) n I 1 I � ° '0 < IE a ¢ tr' N. . 0 D H w r) h CA to Z m z m z 1 2 ¢ I z zCt `i) _ O 1 0 0 a 0 Q d r, S = ❑ W ; ■ C I ' W _ i 1 d u I a,- F= N O N c as 0 1 W v, r U O r E Z i p > W z ? m O O ! I U ° r6 W j m V C O Q cn W m I U N I 1- c` 2 z .0 ti ^ ..1 ❑ 47t O in Z a'a,, m D Q Q I j m z d W CC 0. F- Q N c) .- N M N W U O E E n ¢ m Q CO " E z N ° c V) _ Packet Page -1688- (:) 5/27/2014 16.D.16. N s — w < 2 2 O J J -1 J Z 47 > I O S- 0 U % 0 Q' 1 r n v p 1 a j U w 0) (.5 0 z E j CO ti- a) w a 0 0 { C r y 81 °o, o° 2 E 1 CO -°r }f to W p M '- v N Q1 I 1 (V �y g0 r N O' Q E Q�1 U C v sa re• 11 C >- m a a ct ❑ i W ¢ '4 '4 '4 �+ - 2 E ! M m ti CO F.-• 0) 4 i E _ y h rO ch y, 0 ( H 5 C w. I U) > F ¢ I I a W o• <° 7 I m O ui ui W rs o < m a p O _ Q4 `r' `J 1 c ❑ i t 01 Q0 U) I m 0) , W Q O I Z uzi � � ■ oN I r I 1 2 z 0 I , I 1 U 0 7f ' I } U Q 4 ! I I._ a. r) p Z —i 2 I I in Q U r 0 I w z > m Q ■ O a P ❑ c E ° m m w d i C tQ C w m 3 3 ° E -I a 1 • a� c5 z z '0 a 6 °� < Z i I n L m r < , N 0 5 m m r a 0 to I a = < LU U) 5 a° w et) W CU o_ j CU U •-'N Cr) d- i a� W E -) 0 cU a '> r m i7 c� O c o e 0 0 N Z W 2 W .. I Packet Page -1689- t 2�201416.0.16. § . . . . . - _ . . . , . \ > \ » 2 \ / j ■ / 0 _ / o \ 0 o \ \ _ } / ) I- 9 H G $ co 2 = 0 _ \ i ° < — - — o ® CD } \ 0 _ \ (.4".> ' in co La . N- \ � G - c I \ >- \ ) W e e > 0 s \ § ± AU- J 2 ce / \ ) > itm ± . 3 0 0)1 \ ~ § / < ® w c 0 . o m K \ atez co ty ~ ~ GS) 1 1 EI 2 7 ) I \ ) < 0 f \ < ^ \ . § < z \ . . . i . . . CC { _ I z 0 0 E % \ [ 0 \ \ ^ H \ o E \ co H 0§ \ 0-Z = o o_ al OE ~ 2 2 \ a) \ / 2 3 @ J 1- < co \ 0 § % 0- ° m / ± ± § � mr » \ f - \ 0 \ 0 0 CO c e m = E 9 _ . . . . • Packet Page -1 690- 5/27/2014 16.0.16. \ _ _ . . . . \\ / \\ j H _ > § CO II ' 1 o \ [ . -,\ \ / ° ° § I 0 H 0 CO CO 1 \a - § ƒ/ _ ,— ,— m , } < ` ' > / / • � o rem =' - w \ @ / � ) f 0 m § \ = 4 U . \ \ ® \ I \ 0 0 / 02 > § \ w ~ , / _ 0 2O V- ( 0 < j / u) ° \ \ \ / , . . . © / « Z W 'co / _ = k � \ i I 0 / / / H 2 % / no m < j \ % © C . . I . \ 0 a) z 2 � e u. z.,- \ 2 0 « I 0 a § \ z - E ® ° 0 E E 0 5 in\ = ) \ § . 6 \ \ _1 0 \ j c f ar < 3 J 3 ' CL ( in [ \ � erV' CU \ \ \ m co \ co- . _ . - Packet Page -1691- 5/27/2014 16.D 16 . . . . . . . . . . . . N W zW 0 0 CC CO Clb 4* 0 W o a U CC ir k O ti St) I 1 @ - , c W 0) o 0 p U p Z D o-) on LL W cf o 2 F- D O = m En 0 0 0 0 = F- o o 0 O 0 Z o o cr S Q W p CO v rn v O 0 <m Q `� 09- Q). cc d a o c tiJ> U co QJ co co C] C) In Co � co -1:: Y N- H Z � 0 'cf.))- C x W� .0 Lu LL Q p > 0 = 0 co v - - CC 0 z ate) > CC v ci) W 0 FW- 0 m _ U Q CD n QQ (0 c') 0) 0) O CA F— ' 0 0 W Z C9 , M Q ■< 0 o (C al = H W Z m V W m co m M Z W 2 C C SQ 2 CC u) Z J Q 0 J a O H. C C C Q U D 2 T Q Q Z n I.L. cc c� W c _ 0 0 = Z O 0 u' `c a °. Q) 0 N E Z N a. FN- a) O o a E Z o S ii;0 0 o a ? E U 0 2' o p E n Q VJ w 0 a) as �' Q — m Z Z c 0 a) J O U . G,_ O N ZQ a Z o a) a) 1,.. co 6 d W I H W' a, 1- t/) E. w ft 0 a1 = Z CI) - - - Packet Page -1692- 5/27/2014 16.D.16. ■ m r cw o z -, m M 1 0 I m W I l o U o U 0 RI O 1-I in o z i 1 Q1 m T7 W cc O = Z. r N O o CID -II C9 I ~ a -1 m ■ F- ' 2 W 'D Z N I o v C9 ° 1 n 1 d c 9 W 2 0 aYIN- I - Z 1 tO m O U 1 a)cc w i > 0 Q ..n D U o 1 CL LLI W cD > 0 O Z 1 ,-Um Ct ca I 1 a. Q W o O I a �n I 'I 1 i CO 0 O W , m co < G v) V1 D w I Z z ' W s 1 1 2 W cc' 2 D = 1 1 z z 1 1 1 I co 1 , . 0 U• U a d - • W i- i-; m O z TI 0 ¢ U D 1 I Z C c I Li. `� 1 Q O Q1 1 t CD n i r _ 0 .2 a cd u_ 1 1 1 to Z CO P .' - 0 1 1 to s _0 ?, N E Z 0 t 0 �• , E 1 U O L to o v { 1=� ° " Q r = J w cn z z ;, m < 0 1 o z c9 m O o p v © Q u g to Y. D 4 Cr) iii TD U Z - 4, Packet Page -1693- "Le` 5/27/2014 16.D.16. . 1C >, .O 0 .n `o a) -0 o N o U) Q•E «- mm o •- (r> D i� 1 ti. .g (A g' ° l Q w . LL' ° v 0 0 m2 o � O = gin ai � a L Od = .m0 O U'' LU co N csi o Ur a� co _ a Er* 0 � CD o CL av y ffl .N m o › E .n 0-� C D W v ° > 1 O ✓ o I W N 1 i rt 0)- b o 0 !Y p U C 1 Lit _ W 0 1 co � pz •E o d d D W a C � Z WmIL li E a. VU n1 w C9 d. Q. m CO W -) ce 0 C �c o 0 o U CO E- Om U .OW a T. C O P 0 is N O •fil O. C '� Y E ' C �i c � O C f.. W '`.' a) o 0 co 0 3 I o rt -) Q 0) D a� 0) .0 U 0 �? ' N m 1)T— E CL f6 d N O N a) ° aa)ia) E a m I () -0 J c0 U -fl 0 N a� ,- w et >.,O ELL o c c o. .:., C U OY Q) c i C o 41 O O) C E"' 0 „ C1 N 0 Q) N c c ;.. Z a) C6 C d V L O C I O �� O �I O OJ N N v aJ 0 av 0 0 ai v `l `1 c Cl.) 0 o 0 C U o•� E o c ro )a o c v ►. W o EL. 6 N N O t,-- E m E o U. U fr! _ a) N C C 00 E OU p U 0 o �� v 3� 's o U N .y v a) c c ro .0 Z ° c _ c o d o W -- U U 5 5 e m ctI c..0 It a. H a _ - I IX th al I uI N a) r-- C4 CO a0 Q) OD 0) Q) m CD 0, 0 0 0 CD CD 0 0 0 0∎ d a) a) Q a1 0 0 0 0 0 0 0 0 0l a) E N1 N �! N N N N N N N ill CO Z W I� 3 °u a CD 0 '- CO 0 o co CO CO 1--, < '- U W '� W ca m Gaza' 0 ' U `� {� Z Rs N C N a 8 0 0 0 0 0 0 O 0 6 W O W 3 O Q co N N N N j N 1 to 1 N rr 0 - M CD I (D (0 CO LL U u) 1 v 0 O, CD O 0 O O 1 0 CD 0 Packet Page -1694- 2 5/27/2014 16.D.16. CD 1 o i) 0 U) I O n. . (44 c m I "' Q � c j 1 O c) i U t6 cfr N. C Z 0 p t� C ma) cn ca ° — O c -0 I w I CD7Q !% 'a c � c0 , t? i O r' C y w r 1 >)"s cCi a) O o Ei r' 1 C O m N E a. 1 1 1 i p co j ■ as CL 3 0 la� � 1 I 05 ft W w rte' U I 07 c OI W Eft- CC s I pW o o -a W U' F- m QDW oy I U ❑., m a 'b a, ' E I O ' ( J d0W o 1 o _ O I m C' CO W "7 IY o I DY r h- 0D c aW m . I -UO a) ' a) ❑ a. C) m - - p- E Z U c ,O ›, I o I `n 1 �' n "" `5 • U =ao � }— W c a 3 I 'CO° CC Q co -0 ° cv E E O 0 c o0 E S rnI j N c E Q, Q.• 0_ O = O rfl n E o 0 m g, i �_ O ❑° N O a�i Y j ° m I ?� Q ,O D I {p Q) U C O N a V o co • , j co n o 5 I c I cu I O � a I �� 0� w • E ; U0) 0 Io �, o •a of Z p I a. Q) c E o n o U 7 • C W 0 � .n Uy a) v . Y C s we e) (� U O 2 0 O U U. O 'C N o U c 2 4) C Q) O r- O r O O L F- 0 Z E o -Ca o - E Z NI UJ 0 CO Cn 1.3..1 E j c U) 0 W I 3 i Q Ill t0 O co co 0 0) I 0) CO I 0 C r 0 W U t° _ a N; N N N (N 1I o1 I c0 O N D 0 O O O j j Z U I I W ' — 111 Q° U • r ( tom' t� co i co I co I rn CO c+� (r) 46 (Sf co O O I O Q C O O O O U Z W I@ 0 ( N N N N1 N N N N us 0 w — a N iii U) m 6) ,-- t U Cl) 01 O O O C) O „- Packet Page -1695- °` 5/27/2014 16.D.16. in co cs N N_ c� of fA Et, CO C N ...-• c C I i C 0 J 3 N c o a H 4, w a. I tu -0 E o I'o ro- U 8 Pao O ✓ co Ve EP CD c C O 0 o U . U U CL) N U r II. _ o c E m a 0 U H ,a. ,. Cr r ✓ O C) O N N N CV <- N t* • r O O O N N N 0 O t` r Packet Page -1696- 5/27/2014 16 D 16. ,... „, 0 ._t ■_. ..S..) CU 4 c, (.1) o v., .1.=,' 1 ..... 9 co 7.) al I C...) 7 •:-.L.-, C14:'D ' , > — I- n, 0 (..-f) , te--, 7- 77....en, a) a) n x••1- C._ CD :,-_-. (1)i e) -u-)! c-,) ')•,_,i '' 'i t----- ,..0 a) 0 ! , .:;, I.,..., < -7., (N CO 0 0-1 f. >,i'''' -r 4017-L' 5HP-,:l...c_..,) :--)rici-4'.;:_:), ,--1 C:. 7:1 ;■-..... I tri la- col - U)! ,,_ - 0 0 0- C fr) 0 in "a) C7, ''.,..,' ' >"' 0 :Ir.: 0) - ..Th '',--' IC _c; ca_ -E3 1 CC L._ D F >_, a)■ ILE 0 0- - .. _ 1 I 0 C U) Ili I o (11 I• •- 1-• ) 0 a)I e) (I) ILI (.) V),, 0)7:7:, 0) I-- Ill (7 }--- "i 2: 6 E EU ,0C .: _ (r) a Z C. -2 • - 0 < < D w (a) . rt), a)i ,..... 1- L.,__ .— __ ; 1 ',-.' ci: _.---• - Z LLf (2.. Di r2. it u) C4-, u_i LI} 1- , 02 (2- [1] 1 c.-- -n i c.) z..- ,:-_ 74 a) -! .-..:3 • i-- 0 CO i 0 i..Li ..... (...); - ,-13 t.) t; = < E i `5 -•;..', a_L ,..... -5 0: , >.- 0 ti) c a. cf) c , ,-,) ,._, .,_,! ,.., (1., (f, o 4 0, 0.), R4,4441 >-. ...-", ,...I -,, , ."L. Z E.- 0 CO D >-, -•,,._ 0 _a H3 -1 ,..), .;:-.L u;) 07 CD .7.7: = 0 .P, CD 0 -n T.., .L7" CO I '0, (U -cli I, '.>--• • --) , C -,..- _i 1-.- co ,_,-.= .,-, O 0 ,--- a) a: _:5 , I CD . .,c)I,C.-) ..S Cii-N, -0 I co ,- "LI 0 C3 l 0 1.= (...) a)1 cu i-,-, IC W (() CZ t C O a. N c.,,) c) ctl vi !eu 0: ,-- t-:, ..c) •-1 th i H O '''''. (.1..) a,) i 0... ! ,-- 0_, -',751 ,__. al, tf; -Q "0 i - I......■ 5 (...) ,o , 0) u.) ,._, -, r- C: i ,e•-, C, O .,-.., 0 :-._--- ,-- - ':._-:: o 4 w0 (-)!---- (47, vi.' : c.,) ,-.17 ,,-.., :-.; -•:- D ,,ns-- O c-, c■I p _,,-.' I ■_, 7.1 'ED°1 T- .n._' >, _01 1 ,- --,. (2 cp C ,,,, ,. •-••=11 di i Z , 0 (13 ff., I 1.7) '-,--,! r- C:17; (r) ,-- fl) -,I 0)1 O (1) -,2 T 0 0. , CI) Qi 1 ■ ,..... (-), M, i'D 1 `..'i CO -I C L.) •_...- ,...." _ 1 p ou'A.C. _:_.-: H' o 1" El 171 I ..-_-..P _)) Lu --.6 ,-,-, o , c..) co 0 ,[...,_ v-, 01 1 ,,i:3_ ,--;-: .5.- ,,, wc) 61 /_1_, , a) c =-----: '-'■ (1)14-L Cr, u;1 c- 0! O --, 0-.) IP 4-C.' co, -9-1 wIC - -,=."-, ,,- v), ,(I.) 2:... 1,- ' .4-4i: I C7, 1- o, o, in = Tr,- '-,1.:1 _ -1 a..), 1- 0 : u; 1_1) D'-i,.., ±L'i >1 -5. c .'=-- H c.D - D; Z 1 i.D I ...-i- ,--:_[ co 1 -0 I 1p M (I)i = 0 Li I L...) Lii V)! <I p_ ..-....- -a".-)I i....._ .1____ , 2 i 4------- : . , i--- . , c-- ___, I ,• , i ILLI ,-., - - CZ i OD 1 CD CO 1 CC; C)' G O'') C) Cj,_ I CP - co - 0 C)I 0: 0! C 0 u_1 6 <- 4CC :I' '- r---. •.-- C31 C''`.1' CN ---- O .....„, t-- ,\ I : ,---- —----------. _ ----_ "7 .1 I I I LLI < 1[1_1 .'-' • I 61 1 , , , I- _,-- --L- 4 -......_ cf) - , (T 1-I c■ co co I 0) Cr) ,-- '--- ' II) (..) Z a' , 6 -...6.).,-. C.:. c (.-). : c.i.,) c...) C E WOW i--', - - c.-,.! c a LLI 1 c-_,-• .12,1 ----0._... • ( Co- ...) ! ! . 1 0 . Packet Page -1697- I 5/27/2014 16.D.16. ' o J ra : 1 • a I 1 ul cii c >i `c, p r o -- C1 m iU 1 o nj .c• c C3 f- U a. I o ` U Ql I O Q. W w ias oL' 1 0 1 c ? m o; CD Cn Lit ^) CL �1 c o �a 61 UC• H C Q W D I-aPE � 0 i o 'i_') E �1 0 ) H U 10 o Q F i — 1 DU tu 1 E a o E. � o (-) E a) I ua• +-- 1-' LL 4-, c _o a) � o- E 2 ", Q ! o o 0) O O - m y v a a)m ° cl i a w ` t° co O 1� C' a �1 8• Q. N i 1 nio O ' U I c) (11 L.L. C.5), -- .0▪1 Q, J+c) ' o fl v n w U 21 D _ :1,-) c Q . E • to D O .) N CD 1 0 ul "3' g'i -051 G n. 0 i U 07 c C) I ` O+ u Z a) °I 1I C) -- - `°' _ Mu U j1 C...) _ > ca 1W a I �! mi ° m - CO a) 1 mI NI, i u' cll E o Ia 1 j i n' (n �I D>, U.. H fl.i U CO w 1 �: LL { H o # v �-• IW U. �i COI Gry @ CJ C) C) c_) O O III I a) 6 Q, O CD CD C,7 C CD G ;( a NI N Ni N! � ,- Cl' (_)1 ca CC CJ I I' – CD - _'-..__....._,�..—h I j W Od u-/ j { CL {m c 1— co m m, co rn —CLfOc C) o CD 1 0i ) o U CD U Z ct N CV CV I N CV 11.1 O U L.3.' <- -i CS 1 a r9 1 Packet Page -1698- 5/27/2014 16 D 16 . i . . -0 ,----- T)c.,, 72 ' C) r) i„, (i.; _ 'f); ;'(;) 0 )(11 1-L1 a :-.= u,) n (k) ,3., a . _ ,-- - -- -. -- , : (-.,9 -a '7 0--) --Ecto 1°,- 1.../... -0 :.:.- (,.) CD 1 1 r.;' .2 .,-. CD .7-% I.& V) -C3 0 CO )-; . c") 1 0 '--"-- in- < cN1 -0 10 o 02 _E; 1 ,• C - U) I a. (..) cc ,- ,-- 7, I to 'a ca --) C) _, - -- :- — ,- — Cc. -,_- •„, if)1 :'-' a) - (-) - >- 0 ...-i "" r t C D i 010 i_j > I . O i . .. E...> al .2; (A- , 1 2-):- F-- 0 LLI OW I c,..) r_- i--- WO , -I-1 5 ; u-- (I) 0.- CO - I n:L - -7- L.L1 . ...,, t- - ! n ‹, 0 J LI- o 0 a. Li' L.Li I E ...= @ -o 1 02 0- co w _.) 0:: !u c.: :-.-_ I 5 ,1) . O -,-- H 0 M. 10 .P. til O C I::: < CC D 5 .'''). ' ..?-, (.;,!I 0) I 0 > ' --i-r!1 o : r^ , 1 co ..Ea_...: t c -6, C.) C () lc, c, -0 ...--,7-3 1 ,_61, ,..(.2_ , ,„ 1-c-5 r_-_)-- co 5 IQ E._ II) ,,,,,,,, ,_ • --) < -C;',i IC -!----' ,D u • • ,_> ..C'' - i 1 0_ I c.-- ...c. C ; NJ CY) ci >-:,, . .•;;c 1.C- 0 0); 0 0 1 (t 1 i ---;; a -6- C;;;;;) -7-- CD .'-'4 ii l',.i — — ' 6 C. ..'... '-v. i •■.' 0 i,-r.C., —i „_ ,..._ u) I O 0 C."J 1 0 1 ___, 1 TY 1 C 43' ._I W a 1 `--. 1 ,,__ 4c-0 co , co : o o ,._ ,tl) 0 _M m I .7. - , 0 0 CL., '-- ;;'-'-7- I a 0; ci. _ , 0 .-'-' 1 ..6: ' i-7,, o',1 -_,, .,_, Ili 0 co 0 la_ (c) .- .)1 r- --° ...-: I oz., 1 o — , 1 , a) i- 0 1 CI C6; ''' 1 Li- (---, cZ ,ri .:::■ a) ,!--,i a., ! '..7....- ■ . (..) ..■ 1 , 0 1 7c; I- - a - _ ,,• Z - a (.. ::: co , 0 ; ..... , p al W L. 1 _J CO 1 _- 1 -',;-:. 1 ',', 1 H. I a- ILI r-- - , 1 __i -,- , - --- --! 1 1 ! . I : < _93 ,6"-- ,.,1`7 1' r-- oi l oc 1 oi 1 0-:, : C) I c 1 c., ; ,__.--, : (_---) : -•:,- 1 a. CL 0 1 c 1 c.. I ,,D ! ci , ra, , (-----") LLJ 0 < , co .3.- ....--, a 10 .__, CV CN ; C\1 1 C•i 1 .C1'‘-4 , CN1 1 3.3---, o "7 ILI ,-- d) ; CI) ' ,-- ; *1 ; I-- 1 o 1 rz : – c, . ,:_, . -,--- ;.-_-_ ; 0 ; 1 , . — — z 0 Li ,-- I 1 , 1 L_ r- OD 1 CO 1 OD 1 0) a) ; 03 1 EL i-- -,,,—; 1(r) '--,=) Cr. — .....- ; 0 1'6 0 0 0 0 ; 0 f CD 0 I 0 1 (2) Z --'•., --..--:- 0 0 0 ; 0 I 0 0 i 0 Li CD lil m E n ,--- c\I c.r 1 CV I EV 1 CV 1 (-,I I ;r;6' .;- 1 )7: 1 d;;, 1 .--,--- i C-,?;) 1 0 0 ; 01 01 031 CD1L 01 , _1 Packet Page -1699- 5/27/2014 16.D.16. a) p O in O v) o •- 63 a as d E D"❑ Q fU CT a) ) r•I I�cr)_ •cr c a a, a) u) c0 "D N-1 h+ Q p ,� p 0 = _= c N! N Q N C� C. _*, 0- >.,L11 ; o aT (' cz N N 0- 69 69 O O 1 0 o a a) >' c _a a- a W tX D E W > V 0 0 0 0 0 NI o U w D u) r W o o �_ iii a) a3 0 a L a cn W Q W U o -0 c •- .- oo C a. E- W C� E_ Ica o) a) a. .a o) ca P a Q 0 E V3 LL' D Z -c c ca cn o t co ca c a) 0 Q Q in a) in- u) a m W (n m� o = ° a � � Q a Z W �. Cl- U 'D D? 6 � N ` Q = , �, J dUU E .c a) '7 ". m - � ° .o E•W W a U) = c g- ui c a) co m W 0- ° a) o o c •- ca � a a) . a.) E a In ,. E- 0 01 0 .0 W o i) o-.E c°)n c E - L- 0 .N ro co 0 QQ: D ohm flt� `@f . 0 cCI= ��v a) ` oo a Z F > 2 a3 0 .= •cu cn :c c o a E u -C a .0 E ma) = - ca Cl)aa) D U a) o D D) m a E vi m E- W .a.., -Q 'D p 0 .0 -c3 o ° o c c a a v E © O - oc 0 - > zc .�_ wcc EI•- o a> a) c � c n3 - o u) ° v 0. a) o o (Cl wI � N0 CI' CL EL o "- o (73u) _ ,-cc., ao- , rn0 a Dw o O 0 N Cn U caa) s �i c _ o .cc� cn SD 0 ° - � ' aoCo ° o _w2 0E -U ou) _ )— I I O N O d c ` 0 a) _ a) D- o N 0 .- c CD O o = D w o r o n` Z U Q) N °n' _a -o in a o a . E m ._I-D --° 0 o °�,' ® O C7 o a) •.� cc a D 6 c O CCl a) N Ga• a. -D >> 0) v m o al ` @ = o. I Q 0 0 c0 ;, 2 � W 0 cam a E D ._ 0 EIc > a - -D E W 0 o. co Ri — D N o Cl) O o o I•- CO ID c U o a) x 0 0Q = :P °' o ° 0� a! .Eta � °)a jv_la) cu --- v E- O O i is a) r- m .� •� - 5 c a E , . a) - - . L cn c c o a) E a) o 2 'O W IL) '=--- � _c 'E � = o Q 0 U 0 vo) � 0 ua)IU 'Q V� �I 0- F- ce 7D 05 nQ. v a CO I o 0 0 0 i W 0 Q ID E > o N 1 NO ! N co o 0 Z W Cr) ' o Cr) rn El° 0 0 I 0 I 0 0 Z U I j Ili CeW U °6 I co U. > C (15 O O 1 O O O O Z o 0 N I 0 co 0 0 0 co W 0 W as E N N N [\! N N 0 0 � v 0 i 0 0 O O 0 1 Packet Page -1700- a ) 5/27/2014 16.D.16. ro i ' U -0 co a w 0 0_ N -o o O E U U = Hi:w � o Tr; 1-0 ai O x N ,U O C N G o N t,_ M M m N is c `fI I E to 2'' U `° in -o a < 'S o Qi @ a) v I 0 t 03 0 U LO w O O i 5 6 To- O c d- z N r,_ rn M M tY a op o Ci ` a) N C `7 o m 0 CJ m Q N O O O N -o ir) (---- O M ,....4 J .,,. O ,_...: d: N co I- .0 I N O M O r` CT CO 00 r Z H I o I N 00 C^ N r— .-, C) O N O Lll L n N o0 tr1 r- M r..; O c: �' o O 'C N t-- M - U� O M fn U C. N .-t rrl t-- ,-4 \O r-. 00 M N Z 69 T f,9 69 b9 69 64 (fl Ef} f E .Ems! LU 1 Q W I v 1 —c N N O a O i co O C O N O N a) m m O a M 0 ,+ o O p .4 u- 2 L O'C 1 O m 'J N C) O O M 00 . m - d N CT 00 00 r-• --r C> O m C) U a c C0 ,n 1 .- 00 „...)^ M r,...- O co Cm 03 U � c� J C C) \C 'C N rn C r N r, oo N •-• N a = 69 tot sa E9 ba 69 6,3 EA EA 6•=■ LLU Z co c r ( a� o L C .0 d .0 -0 C7 O O O O a ._g @ O 0 0 0 0 0 0 0 0 N CC O O O O o0 cc O M 00 t-:- CT O O O C C c 0, O N r'N 00 Ca 0 0 r-, O', CD _E i6 m O CZ ! O 00 N N C d' O N O a) C 64, 6° f� 69,Ef? 69 b) Q 69 66 e- co O < N C C7 CO •N-- i Q S- ci C-, rn o 1 :� eE 'b O GD G v ' 0 z Cr) 1w ,, Dolma rn 3 .... !--� r� a .-, a) I° tea, E. 0. U < j U p = —' C p 0 U < r-, .-, mo- '- ,.., M 'Cr N 0) J0 I N I N •--, ,re) C .-' oo .-, r, :--( Packet Page -1701- '42 5/27/2014 16.D.16. 0 0 a o 8 ° # C ---.7.,‘.. 0 A o • c ,5 Q p '.' It V 1 -.:1 E o cfro. O N � 0N U n. cc M a.) J N C as ty t6 V V U cD m W =4 0 025 o 3 t0 c `; .. , 0 5„1 N f- `7 N P1. " .p } C�t �O N 0 * rN.. 2 DO us•c d r '4 az G'- c C r.,'. c d �D 00 rfl I r�i \..0 N N CU .� N 00 u-s [°;" CO C.) Tn {0 - LA �t �C 'd' t}' eN+ rN-. N L/l t-',-;-...'-;.i M N ,r. :x 0 .J. is `; .� u ° '_. S c .n a �, ..`a .� � 1 : o •5 : 00 w c ,ii,..-',1 O O O 0 0 0 0 s::yl C/) 0 Cf 04 . .0 '!,: Q C3 q Q ti < --. V' <--) Off-. 00 - M 5 Packet Page -1702- 4rs_.) 5/27/2014 16.D.16. - ) » I , \ \c- ~col oo � � � x I . ] 0 z , . '� CO, \ } \ @ \ \ ■ \ / \ j % \ 8 0 • » ] E ! e §\ \ r. \ > / / c ) E • B 2 o } £ �\ ƒ > \ & 5 @ -1 TI. ® _ } 0 7 C < \ \ T. - / ' 2 a ! ) ! _ \ k § ® 0 a $ • § « E — 2 \ / . \ / - \ co ) ƒ / / \ g \ .I \ \ \ - 2 / \ \ \\e C , ,o g » g c = k y e 3 C / / // E 2 0 / / / / / » ¥ # # # { / \ \ / / 0 / , H H H H D \ \ \ N N N Packet Page -1 703