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Agenda 06/11/2013 Item #16D126/11/2013 16.D.12. EXECUTIVE SUMMARY Recommendation to approve an amendment to the FY2012 -2013 agreement between Collier County and Youth Haven for the Community Development Block Grant (CDBG) project to remove completion of the shelter expansion. OBJECTIVE: Remove the project component for the shelter expansion due to unforeseen construction issues at the request of Youth Haven. CONSIDERATIONS: The Board of County Commissioners approved the FY2012 -2013 HUD Annual Action Plan at its July 24, 2012 meeting, Agenda Item No.l I.E. On November 13, 2012, Agenda Item No. 16.D.3., the Board approved a Subrecipient agreement for the Youth Haven Safe and Secure Home for Collier Youth Program. The project scope identified the renovation and expansion of a basic center shelter for homeless /runaway youth, rehabilitation of two (2) cottages and upgrades of campus security, lighting and fencing for a total cost of $956,000. Youth Haven has requested an amendment to its project scope to remove the renovation and expansion portion of the basic center shelter from their agreement as well as incorporate administrative changes. Youth Haven's architect determined that there were additional improvements needed to the basic center shelter other than originally anticipated. Youth Haven recognized that they would not be able to meet the contract time constraints and funding amounts for the basic shelter rehabilitation and decided to focus on the necessary improvements to the cottages and security where the children would be housed. Accordingly, the funding to Youth Haven would be reduced from $956,000 to $221,000 for the remaining improvements. This project scope amendment would also result in a reduction of the number of clients to be served from 369 children to 96 children annually. The revised project component shall read as follows: "The FY2012 -2013 Action plan identified and approved the project to allow Youth Haven to renovate two onsite transitional cottages and upgrade campus security, additional lighting and security fencing." The proposed modified project component in the Subrecipient agreement is consistent with the substantial amendment to the FY2012 -2013 HUD Action Plan that the Board approved on April 9, 2013, Agenda Item No. 16.D.5. The balance of the funds ($735,000) was made available to be reprogrammed to another project at the April 9, 2013 meeting, Agenda Item No. 16. D5. FISCAL IMPACT: There will be no effect on ad- valorem or general fund dollars. Funds are available within the Housing Grant Fund (705) FYI 2-13 CDBG Project (33236). LEGAL CONSIDERATIONS: HUD CDBG regulations (24 CFR 570.503) require that written agreements be in effect for each Subrecipient and that each Subrecipient agreement contain a description of the work to be performed in sufficient detail for the County to monitor performance. This item is approved as to form and legality and requires majority vote for approval. -JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact by this action. RECOMMENDATION: Approve and authorize the Chairwoman to execute an amendment to the FY2012 -2013 agreement between Collier County and Youth Haven for their Safe and Secure Home for Collier Youth Program. Prepared By: Sandra Marrero, Grants Coordinator; Housing, Human & Veteran Services Packet Page -1473- 6/11/2013 16.D.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.12. Item Summary: Recommendation to approve an amendment to the FY2012 -2013 agreement between Collier County and Youth Haven for the Community Development Block Grant (CDBG) project to remove completion of the shelter expansion. Meeting Date: 6/11/2013 Prepared By Name: MarreroSandra Title: Grants Coordinator,Housing, Human & Veteran Services 4/3/2013 11:49:14 AM Submitted by Title: Grants Coordinator,Housing, Human & Veteran Services Name: MarreroSandra 4/3/2013 11:49:16 AM Approved By Name: MagonGeoffrey Title: Grants Coordinator Date: 5/3/2013 2:53:28 PM Name: MesaNancy Title: Accountant,Housing, Human & Veteran Services Date: 5/3/2013 4:08:18 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 5/14/2013 11:09:58 AM Name: GrantKimberley Title: Interim Director, HHVS Date: 5/20/2013 1:57:07 PM Packet Page -1474- Name: Joshua Thomas Title: Grants Support Specialist, Date: 5/28/2013 9:06:03 AM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 5/28/2013 11:17:59 AM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 5/30/2013 3:32:54 PM Name: KlatzkowJeff Title: County Attorney Date: 5/30/2013 4:00:04 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 5/31/2013 2:02:49 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 6/3/2013 9:39:32 AM Name: OchsLeo Title: County Manager Date: 6/3/2013 2:16:18 PM Packet Page -1475- 6/11/2013 16.D.12. 6/1112013 16.D.12. MEMORANDUM Date: December 26, 2012 To: Elly Soto McKuen, Grant Support Specialist Housing, Human & Veterans Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Youth Haven Subrecipient Agreement e!� Enclosed. . please find one (1) copy of documents as referenced above, (Agenda Item #16D3) which was approved by the Board of County Commissioners on Tuesday, December 11, 2012. A full-,,- executed copy has been kept by the Minutes and Records Department, where it will be kept as part of the Board's Official Records. If you should have . any questions. , please call me at 252-7240. Thank you I Packet Page -1476- 6/11/2013 16. D.12. Grant # - 13-12-UC -12-0016 -_ CFAA /CSFA# - 14.218 Subrecipient — Youth Haven, Inc DUNS # - 077283349 FETI # - 23- 70655187 AGREEMENT BETWEEN COLLIER COUNTY AND YOUTII RAVEN, INC SAFE AND SECURE HOME FOR COLLIER YOUTH THIS AGREEMENT is made and entered into this 13th day of November, 2012, 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 F1, 34112, and the "Youth Maven, Inc ", a private not -for- profit corporation existing under the laws of the State of Florida, having its principal office at 5867 Whitaker Road, Naples, FL 34112. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (MUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY'S housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; improve the quality of life in Collier County by providing infrastructure improvements, public facilities, at.. other activities which are related to neighborhood /community improvements: to improve the condition of' life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, each year, the COUNTY prepares a One -Year .action Plan detailing ho�N it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate- inconle residents: and WHEREAS, the I3oard of County Commissioners of Collier County approved the Collier County Consolidated flan - One -Year Action Plan for Federal Fiscal Year FY 12-13 for the CDBG Program for July 24, 2012, Agenda Item #11.E.; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated flan concerning the preparation of the One -Year Action Plan, the County held public meetings, receiving citizens' comment and advertised a 30 -day citizen comment period from May 22.2012 through June 21, 2012 ; and WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012 -137 approving the One -Year Action Plan for Federal Funds for FY12 -13 providing CDBG funds in the amount of S9-56,000 to YOUTI -I HAVEN, INC. for the Safe and Secure Home for Collier Youth located at 5867 Whitaker Road, Naples, FI., 34112; and Youth !Maven. Inc. 2012 CDBG (CD 12 -03) Safe and Sccurc l loine for Collier Youth Page l of 30 Packet Page -1477- 6/11/2013 16.D.12. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: SCOPE OF SERVICES The SUBRF.CIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County housing, f luman and Veteran Services (1-11 -IVS), perform the tasks necessary to conduct the program as follows: The FY2012 -2013 Action Plan identified and approved the project to allow Youth Haven to renovate and expand to provide a Basic Center Shelter for homeless /runaway youth, ages 14 -18, upgrade campus security and additional lighting and security fencing, as well as upgrade two other cottages on site for transitional housing for emancipated youth and youth transitioning out of foster care. Specifically, improvements identified for funding are outlined in the budget in Section I11. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate- income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 TT. TIME OF PERFORMANCE Services of the SUBRI CIPIENT shall start on the 13th day of November, 2012 and end on the 13th day of November, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available NINE HUNDRED FIF'T'Y SIX THOUSAND DOLLARS (5956,000) I -or the use by the SUBIZECIPIENT 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 "). All improvements specified in Section I. Scope of Services shall be performed by SURRFCIPII NT 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 SUBI -CIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. . Muth Haven. Inc. 2012 CDBG (CD 12 -03) Safe and Secure I lome 6or Collier Youth Page 2 of 30 Packet Page -1478- 6/11/2013 16.D.12. The budget identified for all improvements is as follows: Improvements Federal Funds NOTE* Activities /items /services may include but not be limited to: Basic Center Shelter Cottage All costs associated to remove /replace /install $ -735,000 commercial kitchen, 11 bathrooms and reconfigure living space from cottage to residence; energy efficient/hurricane impact glass windows; install generators industrial grade, automatic, on platform and according to Collier County Building Code; transport and disposal of construction debris Subtotal S 735,000 Transitional. Cottage — Jeanette Cotta ►e All costs associated to remove /replace /install new roof; $ 70,500 - energy efficient windows with hurricane impact glass; install generators industrial grade, automatic, on platform and according to Collier County Building Code; transport and disposal of construction debris Transitional Cottage — Jay Cottage ! All costs associated to remove /replace /install new roof- $ 70,500 i energy efficient /hurricane impact glass windows, install generators industrial grade, automatic, on platform and according to Collier County Building Code; transport and disposal of construction debris Subtotal Both Cottal;es S141,000 - -- Security Lighting and Fencing All costs associated to install galvanized eight (8) foot $ 80,000 fencing around the perimeter of'the facility. Install two (2) electric access gates and all electrical work associated with installation; install directional flood lights, light poles and other electrical apparatus needed for securing li�,hting; landscaping Subtotal S 50,000 Grand Total — All Construction S 956,000 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 IIIIVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECII'IENT when requested as work progresses but, not more frequently than once per month. Payment will be made upon receipt of' a proper invoice and in compliance with § 218.70, 1,7orida Shit. es, otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by IIIIVS. Youth I Iaven. hie. 2012 CDBG (CD 12 -03) Safe and Secure I lome for Collier Youth Page 3 of )0 Packet Page -1479- 6/11/2013 16.D.12. The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Construction activities for Basic Center I Submission of'monthly invoices on AIA Shelter G702 -1992 form (attached as Exhibit '`(") or equivalent document per contractor" s Schedule of Values. Supporting documents must be provided as back up. Final 10% ($73,500) released upon Certificate of Completion, final waiver of" lien from general contractor and documentation of 369 children served. Construction activities for Jeanette Cottage Submission of'monthly invoices on AIA G702 -1992 Corm (attached as Fxhibit "G ") or equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up. Final 10% ($7,050) released upon Certificate of Completion, final waiver of lien from general contractor and documentation of'] 44 children served. Submission of monthly invoices on AIA _ Construction activities for Jay Cottage 6702 -1992 form (attached as Exhibit "G ") or equivalent document per contractor's Schedule of Valucs. Supporting documents must be provided as back up. Final 10% ($7,050) released upon Certificate of Completion, final waiver of lien from general contractor and documentation of 144 children served. Construction activities for security lighting, Submission of monthly invoices on AIA fencing and landscape 1 (3702 -1992 form (attached as FAhibit "G ") or equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up. Final 100/o ($8,000) released upon Certificate of Completion and final waiver of lien from general contractor_ IV. NO'T'ICES 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. , outh I laven. inc. 2012 CDBG (CD 12 -03) Safe and Secure Ilome for Collier Youth Page 4 of 30 Packet Page -1480- 6/11/2013 16.D.12. COLLIER COUNTY ATTENTION: Sandra Marcrro, Grant Coordinator 3339 F, Tamiami Trail, Suite 211 Naples, Florida 34112 SUBRECIPIENT ATTENTION: Rosanne Winter, Executive Director Youth Haven, Inc. 5867 Whitaker Road Naples, FL 34112 V. ADDITIONAL CONDITIONS ANI) COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from MUD and must be implemented in full compliance with all of IIUD'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 -hcr sole discretion and judgment, that the Funds are no longer available. In the event of such termination. the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY. nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of' this Agreement may be assigned or subcontracted without the written consent of' the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. I3. 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 (CDB(J)) 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 1or initiating the review process under the provisions of 24 CPR Part 52. The SUI3RECIPILNT 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 Binds available under this Agreement to supplement rather than supplant funds otherwise available. Youth Ilaven. Inc. 2012 CDBG (CI) 12 -03) Safe and Secure I come for Collier Youth Page 5 of 30 Packet Page -1481- 6/11/2013 16.D.12. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPTENT shall at all times -main an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMI?NTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that sttch amendments make specific reference to this Agreement, and arc executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT From its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to the end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the finding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantec and SUBRECIPIENT. Expiration of Agreement: If the SUBRl CiPll? 6/11/2013 16.D.12. F. GRANTEE RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared a released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMEN'L' OF !-LOUSING AND i1R13AN DEVELOPMF,'N'I' (HUD) AND COLLIEIZ COUNTY HOUSING, HUMAN AND VETERAN SERVLCI?S DEPARTMF.NL'" and shall appear in the same size letters or type as the name of the SUI3RhC1PTLNI'. This design concept is intended to disseminate key information regarding the development team as well as lqual Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINA'T'ION In accordance with 24 CFR. 85.43). the Grantee may suspend or terminate this Agreement if' the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and IIUD guidelines. policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBiZ CIPIENf.to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT' to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFIZ 85.44, this Agreement may also be terminated fir convenience by tither tilt; Grantee or the SUBRI CIi'IF'NI', in whole or in part. by setting forth the reasons for such termination. the effective date, and, in the case of partial termination, the portion to be terminated. I lowever, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the Purpose for which the award was made. the Grantee may terminate the award in its entirety. VI1. 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 cCltrity) the SUBIECIPIENT 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. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEII'IENI "s obli(Yation) to recoup all or any portion of the funds. as the COUNTY may deem necessary. Youth I laven. Inc. 2012 CDBG (CD 12 -03) Salc and Secure Home for Collier Youth Page 7 of 30 Packet Page -1483- 6/11/2013 16.D.12. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENf in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term o(' this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion dctcnnines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRIECIPII:NT' shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds Ior the acquisition of or improvements to. the property. No payment is required after tite period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENI' shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit '`A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE,, REQUIREMENTS A. EXAMINATION OF RECORDS . The SUBIU3CIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CD13G Program and all other applicable aws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECOR.DKI EI ;PING All records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRI:CIM ENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at anv time upon request by the CO[' N('Y or 1 It 1VS. Materials identified in the previous seIltence 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. 3. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to IIIIVS if requested. In any event tilt SUI3Rl:CIPIHNI' shall keep all documents and records in an orderly fashion in a readily accessible. permanent and secured location for four (4) years a(tcr expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date . outh Haven, Inc. 2012 CDBG (CD 12-03) Safe and Secure I lrnne liar Collier Youth Page 8 of 30 Packet Page -1484- 6/11/2013 16.D.12. of' the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUN'T'Y 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 CI =R 85.42. 4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls. employee interviews. Davis-1. con wage rates, and administrative cross - referencing. SUBRECIPIENT 'shall maintain records shoxving contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBR1; 6/11/2013 16.D.12. reports required. The SUBRECIPII NT shall allow IIIIVS or HUD to monitor the SUBR1_.CIPIFNT on site. Such site visits may be scheduled or unscheduled as determined by 1-11IVS or MUD. D. ADDITIONAL HOUSING, IIUMAN ANI) VE'TEIZAN SERVICES, COUNTY, AND I-IIJD 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 be 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 {; Under $3K Above $3K to $1 OK Above $1 OK to $50K Above $50K 1.. AUDITS AND INSPECTIONS Quotes _ No Quote Required 3 Written Quotes -- 3 Written Quotes __- Request Tor Proposal (RI`P) Invitation for Bid (IFB) At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM - GENERA'T'ED 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, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation ofthe Program. I.I. 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 oCprogram 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 X.B.3, the SUBRE;CIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance. preservation and retention, till) haven, lnc. 2012 C DBG (C) 12 -03) Safe and Secure Home for Collier Youth Page 10 oE' 30 Packet Page -1486- 6/11/2013 16.D.12. X. OTHER PROGRAM REQUIREMENT'S A. OPPORTUNITIES hOR RESIDENTS AND CIVIL RIGI ITS COMPL.IANCi•: The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected t 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 ol- evidence of'sLrch 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 residino in the project areas shall be awarded contracts in connectu)II with the project. The SUBRECIPII NT shall comply with Section 3 of the iIOLISIng and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMF,N- OWNI:I) I1uSINI:SS EN ERPRISF,S The SUBRLCIPIENT will use its best efforts to affi)rd 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 lxrsiness 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 �,yorncn's business enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or %vorncn. For the purpose of this definition, "minority gI'oup members" are Afro - Americans. Spanish - speaking, Spanish surnamed or Spanish - heritage Americans, Asian- Americans, and American Indians. The SUBRL:CIPII N'1' may rely oil wrilten representations by businesses regarding their status as minority anal; female business enterprises in lieu of all independent Investigation. C. PROGRAM I31:NEFIC1ARIES 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 ill an entitlement city. as defined by 1-(1!1), of- serves beneficiaries countywide, more than thirty percent (30%) of" the benef iciaries directly assisted under this Agreement must reside in unincorporated Collier County or in nitinicipalitics participatill4ti in the Count's Urban County Qualification Program. D. AFI=IRMATIVE ACTION PLAN The SUB1U-_CI1'IFNT agrees that it shall be committed to carry out pursuant to the ('01;NTY's specifications an Affirmative Action Program in keeping with the principles as pro\ °ided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUI3RFCIl1lI:Nf to assist in the fUrillulati0II of such program. The SUI3RECIPiEN 1 shall subilllt a plan for Itrl Affirmative Action Program for approval prior to the award of funds. Ynu111 IlMVn. inC. 2012 ('I)13( i (C') ) 12 -03) Sal'c and Secure I ionic for C UINCr YOUIII Page I i of' 30 Packet Page -1487- 6/11/2013 16.D.12. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the 2roject 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 SUBIU- 'CIPII NT. The SUBRECIPIENf covenants that it will comply with all provisions ol' 24 CFR 570,611 "Conflict of Interest ", and the State and County statute-,, r'egul'ations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRFCIPIENT or its employees shall be disclosed in writing to HI-IVS 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. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations. only in accordance with requirements set in Section 24 CFR 570.200(j). The SUIBR CIPIENT shall comply «.-ith First Amendment Church /Slate principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of' religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from federal, State and local governments and may continue to carry out its mission, including the definition. practice and expression of its religious belief's. 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, arc ineligible for CDBG funded improvements. (This page intentionally left blank) Alth flaxen. lne. 2012 Cll13G WD 12 -03) Safe and Secure l lame for Collier Youth Page 12 of 30 Packet Page -1488- 6/11/2013 16.D.12. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 13th day of November, 2012. ATTEST: DWIGHT E. BR -OCK, CLERK Dated: 161urlt 11 to -'IM4 It" " Ik 1r 194e> a ;� 1 Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth BOARD OF COL TNTY COMMISSIONERS OF COLLIER COUNTY. hLOIUDA FRED NA'. COYLE. CHAIRMAN i YO[_11AVEN, INC. Jay C )k R S r bF T � 1"e LE President of the Youth Haven Board of Directors Approved as to form and legal sufficiency: Jenrnfer B. White Assistant County Attorney Page 13 of 30 Packet Page -1489- 6/11/2013 16.D.12. EXHIBIT "A" INSURANCE REQUIREMENTS The SU13REC1PlLNT shall furnish to Collier County, c/o housing, Human and Veteran Services Department, 3339 F. 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, Morida Stutules. 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 vCiicics 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 I — 3 above, a Certificate of Insurance must he 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 S I. 000.000 per occurrence /S1,000,000 aggregate providing for all sums which the SUI3RI:CIPi1 ?NT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIl'IENT 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. C:ONSTItUCfION PTIAsr (iF APPLICABLE) In addition to the insurance required in 1 -- 4 above. the SUI3RUCIPEINf shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance covcragc prior to an., 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 su-ucture(s). The police shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the blood 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 E'mergency Management Agency (FFMA) as having special flood hazards. flood insurance under the National blood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). oath Ilaven. inc. 2012 CT)BG WD 12 -03) Safe and Secure I IOn1J ibr Collier Youth Page 14 of 30 Packet Page -1490- 6/11/2013 16.D.12. OPERATION /MANAC ENIF:1 T Pl IASE (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, Flor•idu Sicautes. 8. Commercial General Liability including products and completed operations insurance in the amount ol' $1,000,000 per occurrence and $2.000.000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less that $1.000,000 combined single limit for combined Bodily Injury and Property Damage. Collier- County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred 000 %) 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 throu�oh the National blood Insurance Program (NFIP). The policy must show Collier County as �:t Loss Payee A.T.I.M.A. Youth haven. Inc. 2012 CDBG (C.D 12 -03) Safe and Secure I Ionic I*or Collier Youth Page 15 of 30 Packet Page -1491- 6/11/2013 16.D.12. EXHIBIT "B" COLLIER COUNTY HOUSING, IIUMAN AND VETERAN SERVICES REQUEST FOR PAYMF,NT SF,CTION I: REQUEST FOR PAYMENT Sub recipient Name: Youth I iaven, Inc. Sub recipient Address: 5867 Whitaker Road. Naples, Fl-, 34112 Project Name: Safe and Secure IIome for Collier Youth Project No: CD 12 -03 Payment Request i, Dollar Amount Requested: $ SECTION Il: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sun Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $956.000 S �. Amount of Today's Request ^f S 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of' my knowledge and belief. all grant rccluircments have been followed. Authorizing Grant Coordinator Supervisor Dept Director Signature Date Title (approval authority under $14,999) (approval required S 15,000 and above) outh I laven. Inc. 2012 C-DBU (CT) 12 -03) Safe and Secure I lomc for Collier Youth Page 16 ol' 30 Packet Page -1492- 6/11/2013 16.D.12. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, successors and assigns, that all charges for labor, materials. supplies. lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRLCIPIENT's (monthly /final) Request 1'()r Payment. Witness: BY: Print name and title STATE; O1' COUNTY OF YOUTH HAVEN, INC. BY: ITS: Executive Director DATE: Fhe foregoing instrument was acknowledged before me this day of y, — – -- _ .._ > 20 b as of A Choose Not- For - Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality I-le /She is personally known to me OR has produced _ _ - - as identification and who did (did not) take an oath. My Commission Expires: (A FIX OFFICIAL_ SLAL) Youth 1 laven. Inc. 2012 CDBG (Cll 12 -03) Salle and Secure Home for Collier Youth (Signature) Name: (Legibly Printed) Notary Public, State of- Commission No.: Page 17 of -30 Packet Page -1493- I�z 6/11/2013 16.D.12. EXHIBIT "D" QUAR'T'ERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report ouch I lavell. IIIC. 2012 CDBG (CD 12 -03) Safe and Secure I lome for Collier Youth 1'aae 18 of "JO Packet Page -1494- 6/11/2013 16. D.12. Is this project still in compliance with the original project schedule? if_ more.than 2 months behind schedule 2. for aooroval. , must submit a new timelin - - - D p Yes No If no, explain: 3. Since October 1, 2012, of.the persons assisted how many a. ...now have new access (continuing) to this service or benefit? 0 b. ...now has improved access to this service or benefit? .0 C. now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What fun ding sources are applied for Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds Total Other Funds Youth Haven. Inc. 2012 CIA16 (CD 12 -03) Sale and SCCUre I lome for Collier Youth od / program year? Page 19 of* 3 0 Packet Page -1495- HOPWA CDBG ESC 5' HOME Total Entitlement $ Funds 6/11/2013 16.D.12. EXHIBIT "W" UARTERLY PROGRESS REPORT S. [What is the total number of UNDUPLICATED clients served this qua liter, it applicable? a. Total No of adult fomales served: 0 . -' Total No of fomales served under 18: .0 b. Total No of adult males served: ' 0 Total No, of m ales 9arvod under 18: 0 TOTAL: 0 TOTAL: 0 C. Total No of families served' 0 Total Nu of fair. a head of household 0 S. What is the total number of UNDUPLICATED clients served since October, if applicable? a. i otal nuns ber of adult females saved :., '.:0 :T ola' nWnber of !crnalos served under 18' O b. Tutal number of adult males servod. :...01.. 1 ota. numtm of males served under 18. 0 TOTAL: 0 TOTAL: 0 C. Total No, of fain ilius scrvW. D t otal No or fonw:a h oad of household. 0 Co"Victe EITHER question #7 OR #8. Complel, puostlm *7 it your progiurn only servus clients n one or mac of Ilia listed i IUD Presumed 13ene #h calogaius Complete WOM'On 88 if any client in yea program deos riot fah nto a P,esumad Benefit calogory DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PRESUMED BENEFICIARY DATA r 8. OTHER BENEFICIARY DATA- INCOME RANGE Indicate the total number of LtinlLl K'ATELT_ Indicate the total number of UNDUPLICATED persons persons served since October 1 who fall into served since October 1 who fall into oath income oath prosumed benefit category rtno Val category ( lhofc! ats.. houldequaltne!a!ar.nquesl:on#6; Should equal the total m quesrron #6), Report as: Report as: >Mused Children 0 Extremely lay Income (0 -30 %) 0 I iomoloss Parson 0 l ow income (31 -50°A) I3alfeted Spouses U .IMelorata income (51 -801/6) :::0 .. Persons wl I IMNDS U'. loovo Moderate Income I >BG %) Elderly Persons 0 Votorons 0 II 0 PrrysK:aily Disablod Adjhs 0 Door -Youth TOTAL: 0 TOTAL: 0 9. Racial & Ethnic Data: (if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total tell). RACE ETHNICITY White )-: of Atom how many arc I f sparix:? Black/African /vnencan ::' 0 0 of wtio,n. how many arc I isparuc:'; As,ar 0 0 of whom hay many are I I sa arii�? Anic%can kd.aNAaska Native' - 0 U of whwr. how rrany arc Itsoa ^.rc'h Native I tgwananl0t ^cr Pac;f:c lslandur -' 0 - 0 -. of wr.Om, hav many are I1spanwr) Arnorir-an IndarlAaskan Native & While 1 ' .0. .0 of worn, hav many arc. I tsparx') Illack/Afncan American & While !':: : :0 .0 ... of whom, how many are I iisponic'> Am. Ind;anlNnska Native & Block/African Am. ':0 0 - : at wrkMl, now marry are I lispane:'> Other PA ilt,- rucial .`'.:: ` 0 0 of whorn, haw many are I IiWmic'? 0 ;.;ofwhom, now many are Iiispariic� TOTAL: 0 0 TOTAL HISPANIC Name Tiae outh I lawn. Inc. 2012 CDBG (CD 12 -03) Salt: and Secure Home for Collier Youth Page 20 eel' 30 SiUnnuro- _ Yes ly'IZa rwniciiare represents yx.r oloc:!rcnir. S:Tmhyc Packet Page -1496- 6/11/2013 16.D.12. 11AI-III311' "E" ANNUAL AUDIT MONITORING RIiPORT 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 i 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 Name Youth Haven, Inc. Total State Financial Assistance Expended during 4_ most recently completed Fiscal Year _ Total Federal Financial Assistance Expended during most recently completed Fiscal Year Fiscal Year July 2011 I Period I$ I Check Appropriate Boxes -- - - -­­ ­- ehave 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 X 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 werenoted,_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 Print Name and Title Youth I laver, Inc, 2012 CNIG (C-D 12 -03) Safe and Secure I tonic for Collier Youth Page 21 of 30 Packet Page -1497- Date 6/11/2013 16.D.12. EXHIBIT "IF" LOCAI. AND FEDERAL RULES, RE.GULATIONS AND LAWS 1. 24 CPR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CD13G) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Revie,.v procedure. 3. Section 104(6) and Section 109 of Title T of the Housing and Community Development Act of 1974 as amended 4. 'Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended 5. 24 CPR 570.601 Subpart K - The regulations issued pursuant to Fxecutivc Order 11063 xa °hich prohibits discrimination and promotes equal opportunity in housing. 6. I-:xecutive 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 li[nds and as supplemented in Department of labor regulations. 7. "title VII of tltc 1968 Civil Rights Act as amended by the Equal I'.tnployment Opportunity Act of 1972. 42 USC § 2000e, et. sect. The SUBRECI11I1?NT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBR1;CIPIENT, state that it is an Equal Opportunity or Afln-mativc Action employer. 8. 24 CFR 135 — Regulations outlining requirements of Section 3 cif the; I kxlsino and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of' the HUD Act o €' 1968, as amended. and as implemented by the regulations set forth in 24 CFIZ 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 SUBRECIPIEN'T and any, of' the SUMECIPIEN7 "s Sub - recipients and subcontractors. Failure to fulfill these requirements shall suhjcct the COUNTY, the SUBRI CIPIENT and any of the SUBRECIPIFN'T's Sub - recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUI3RECIPIENI' certifies and agrees that no contractual or other disability exists that -would prevent compliance with these requirements. The SUBRECI Ill HNI' further to comply with these "Section 3" requirements and to include the folloxving lan,,uage 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 IIUD 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 Nvith the project . outh I laven, 111C. 2012 e'DBG (CD 12 -03) Safe arn[ secure I tonne liar Collier Youth Page 22 of -30 Packet Page -1498- 6/11/2013 16.D.12. 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 SUBRECIPIE,NT further agrees to ensure that opportunities for training and employment arisin,,, ' connection with a housing rehabilitation (including reduction and abatement of lead -based pa, 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 Cll13G- fiinded 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 CI)I3G- funded project is located: -,where ieasiblc. 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 IIIJD programs. The SUBRECIPiEN'r certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Ordcr 11063, and E\CCLItiye Order 11246 as amended by Executive Orders 1 1375, 11478. 12107 and 12086. 10. Contract Work I tours and Safety Standards Act, 40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973, 29 I;SC 776(b) (5). 24 CITR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 1 3. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 29 CI:R 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. IIUD Dorm 4010 must be included in all construction contracts funded by CD13G. (See 42 IJSC 276a and 24 CF IZ 135.11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 16. Executive Order 11625 and U.S. Department of* blousing and Urban Development Circular better 79 -45 - which prescribes goal percentages Ior participation of minority businesses in Community i)eyclopmcnt Block Grant Contracts. r 17. The SUBRE,CII'll.?NT agrees to comply with the non - discrimination in employment and contractinu opportunities laws. regulations. and executive orders referenced in 24 CI�R 570.607, as revised by Executive Order 13279. 7'he applicable non- discrimination provisions in Section 109 of'the I ICDA are still applicable. Youth Itaveu. Iric. 2012 CD136 (CD 12 -03) Safe mid Sccure I tome for Collier Youth Pagc 23 of 30 Packet Page -1499- 6/11/2013 16.D.12. 18. Public Law 100 -430 - the Fair Ilousing Amendments Act of 1988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of l- li�gher Education, Hospitals and Other Non- Profit Organizations and specified by the following subsections: • Subpart A — General, • Subpart B — Pre -Award Requirements, except for 84.12. Forms for Applying for Federal Assistance: • Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of' 85.20(b)(7) and 85.21 in making payments to SUBRECIPII.:N1's. • Section 84.2 3, Cost Sharing and Matching; • Section 84.24, Program Income -- in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504: • Section 84.25, Revision of Budget and Program Plans-, • Section 8432, Real Property — in lieu of 84.32, CDBG SUBRI C:IPIF.NTs shall follow 570.505: • Section 84.34(8), Equipment — In lieu of the disposition provisions of 84.34(8) the 1o1lowiri`( applies: • In all cases in which equipment is sold, the proceeds silall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment): and • Equipment not needed by the SUBRECIPIENf for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Perlormance: • Section 84.52, Financial Reporting: • Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report. as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; • Section 84.61, Termination - In lieu of the provisions of 94.6 1. CDBG SL1'BR1 C`1P1ENTs shall comply with 570.503)(b)(7): and • Subpart 1) -- After-the-Award Requirements - -- except for 84.7 1, Closeout ProCedUl'eS 20. 24 CFR 85 - Administrative Requirements Ior Grants and Agreements to State and Local Governments shall be followed for sub recipients that are goverrumental entities. 21. Immigration Reform and Control Act of' 1986 as located at 8 i,SC 1324, ct scq. and regulations relating thereto. Failure: by the SUBRECIPIF,NT to comply with the laws refcl -mead herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of'Gifts To County F.mployees - No organization or individual shall ot'ier or p,ive. either directly or indirectly, any favor, gift, loan, Ice, service or other item of value to any County employee, as sci forth in uth I laver. Inc. ,el 12 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 24 of 30 Packet Page -1500- 6/11/2013 16.D.12. Chapter 112, Part 111, Florida Statutes. Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or amonct the terms of' any of the Controw Documents, the tenns of the Agreement shall take precedence over the terms of* all other Contr, „..- Documents, except the terms ol•any Supplemental Conditions shall take precedence over the Agreement. 'l .o 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 sha11 be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation off 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 SUBRI CIPIENT with fult 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 yediation before an agreed -upon Circuit Court Mediator certified by the State of l lorida. Should either party Jail to sLlbinit to mediation as required hereunder, the other party may obtain a court order requiring mediation under 44.102, Flor•idcr Slatuwes•. The litigation Arising out of this Agreement shall be Collier County. Florida. if iu state court alit the US District Court, 20`l' ,Judicial C..OUrt of Florida, if' in Icdcral court. 13Y I-;N'I'I_;RINCi INTO THiS AGREH,MLNT, COLLIE 'R COUNTY AND THE SUIiRI= :CI Ill ENT FXPIZFSS1.Y WAIVF ANY RIGHTS EITHF,R PARTY MAY HAVE TO A TRIAL BY JURY O1� ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SU13RIiC1PII _"NT agrees to comply with the 1611owing requirements: a. (']call Air Act. 41 USC 7401, et sect. b. Federal Water Pollution Control Act. 33 USC 1251, w seq., as arnended. 26. In accordance with the requirements of the flood Disaster Protection Act of 1973 (42 USC 4002 and 2-4 C I R 570.605 Subpart K), the SUI3RECiPIENT shall assure that for activities located in an area identified by I ENIA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of'rnap amendinent (I.OMA) may be obtained from FEA1A. Which would satisfy this requirement and /or reduce the cost of•said flood insurance. 27. The SUI3RECiPIE:NT agrees that any construction or rehabilitation of'residential structures \vitll assist;.Incc provided under this contract shall be subject to HUD L.cad -Based Paint Poisoning Prevention Act Jourld at 24 CI: R 570.608, Subpart K. 28. The SURRE:CIPIENT 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 Jorth in 36 C:'FR Part 800. Advisory Council on Ilistoric Preservation Procedures for Protection of I listoric Properties. insofar as they apply to the performance of this agreement. In general. this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years ofd or older or that are included on a federal, state ol. local historic property list. Youth I lay en. inc. 2012 CD11(i (CD 12 -03) Sail and Secure F[ontc RU' Collier Y(IjItI1 Pagc 25 of 30 Packet Page -1501- 6/11/2013 16.D.12. 29. •The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the DrUg- Free Workplace Act of 1988 (41 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded front participation in this transaction by any Federal Department or agency. and, that the SUBRF;CIPIENT 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. 1. The S'UBRFCIPIENT agrees to comply with the follo�vin�g OMB Circulars %vhichever is applicable. and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation lot' 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 -1 10 for Administrative Requirements Non - Profit Organizations follow: A -122 for cost Principles • A -1 10 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) clays after the end of the SUBRECIPIENI 's liscal 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 COON IN reserves the right to recover any disallowed costs identified in an audit alter such closeout. 33. Any real property acquired by the SUBRI CIPII:N'T for the purpose of' carrying, on the projects staled 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 CDI3G including, but not limited to. the provisions oil USC and disposition of property. Any real properly within the SCIBR.ECIPIF,NT control, which is acquired or improved in whole or part with CD130 funds in excess of' $25,000. must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in 5 287.133, h7or•ida Slulules• 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 perforIl1 hereUndcr, have not been placed on the convicted vendor list maintained by the Statc of Florida Department of Mana0ement Services within the 36 months immediately preceding the date hereof'. This notice is required by 5 287.1 33 (3) (a), 1,'Ioricki Slantles. 35. No Federal appropriated funds have been paid or Nvill be paid, by or oil behalf' of the undersigned. to any person for iilllucncing or attemptin`a to influence an officer or employee of any agency. a Member cif' 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 anti Federal loan. the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment. or modification of any Federal contract, grant, loan, orcooperative agreement. Iuth l laveu, inc. 2M2 CD136 (CD 12 -03) Sufe and Secure Ilome for Collier Youth Pagc 26 of 30 Packet Page -1502- 6/11/2013 16.D.12. If any funds other than federal appropriated funds have been paid or will be paid to any person lin• influencing or attempting to influence an officer or crrlployce of any agency. a Member of' Conaress. an oPflcer or employee of Congress, or an employee of' a Member of Congress in connectwn with this Federal contract, grant, loan. or cooperative agreement, the undersigned shall complete and subs*' 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 docrnn(nts for all sub - awards at all tiers (including subcontracts. sub - grants, contracts under - rants. loans, and cooperative agreements) and that all SURIZI'Clf'IE\' l S shall certify and disclose accordingly. Z:I 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in ell -ect at the time of travel. 37. Any rule or regulation deteri-nincd to be applicable by I -TUT). 38, Florida Statutes 713.20. Part I. Construction Liens 39. Florida Statutes 119.021, Records Retention. Youth 1laven. Inc. 2012 CDl3G (CD 12 -03) Sale and Secure i lome for Collier Youth Page 27 of 30 Packet Page -1503- 6/11/2013 16.D.12. AlA Document G702" -1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA Document 0702, Application and Certificate for Payment, is to be used in conjunction with AIA Document G703, Continuation Sheet. These documents are desiggned 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.ain.org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from 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 AIA 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 AIA. Rights to reproduce the document ttttty vary for users of AIA 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 IOaia org. COMPLETING THE 113702 FORM After the Contractor has completed AIA Document 0703, Continuation Sheet, summary information should be transferred to AIA Document 0702. Application and Certificate for Payment. The Contractor should sign 0702, have it notarized, and submit it, together with 0703. to the Architect. The Architect should review G702 and G703 and. irthey are 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 ali Figures on G702 and 0703 that have been changed to conform to the amount certified and attach an explanation. The completed 03702 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 G702. EXECUTION OF THE DOCUMENT Persons executing rho 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 Deda/rtenl 0702° - 1902. Copyright O t959, t968, 19M. 1971, 1970, 198 and 1982 by The Arrnerioan tnatituto of Arohliscla, Art rlghte reserved. wAtMWU: This AMe Docuntant is protected by U.S. Copyright Law and lnternaffenel Tmeti&s. Unouthorimd, reproduction or distribution M this AIA&Documant, or arry portion of It. may moult In severe oWn end ortmlnal penattlee, and will be prosecuted to the ritsximum extern possible under the few. PurchlieWS an parmated to leproduce ten ( i0) codes of this document when completed. To report copyright violations of AIA contract Documents, &-mall The American Institute of Arehhaets' hoar counsel, copyrlght0ain.org. Youth Haven, Inc. 2012 CDBG (CD 12.03) Safe and Secure Home for Collier Youth Page 28 of 30 Packet Page -1504- 6/11/2013 16.D.12. °AlA Document G702" -1992 Application and Cerbt"rcate for Payment TOOINNER: PROJECT: AMICATION N0: DM* ft to: FROM CONTRACTOR: VIAARCHITECT: I CONTRACT FOR: CONTRACT DATE: PROJECT NOS: OWNER 0 ARMTECT 1? CONTRACTOR 0 FIELD 0 OTHER 0 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifm that to the best of the Contraetor's kmrawr, inrotmation Application is nsrde for pavummt. n 141own below, in comiection with the Contract, ad belief the Wort covered by this Application for Payment tray been eomplettd in accordance Continuation Skk-CL AIA Document G703, is attached. with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous. Certificates for Payment were issued and payments recaived from the Owner, and 1. ORIGINAL CONTRACT SUN ................................... I ....... I........ I... $ [hut current payment shown hems it now due. 2. Not chops by Change Otdem .................. ............................... s CONTRACTOR: 3. CONTRACT SUM TO DATE ( Line I { 2) ........... ............................... S Sy. Date: <. TOTAL COMPLETED S STORED TO DATE (Colton G on G7t1] i ............. $ State of. S. RETAENAGE: County of. a _S of Completed work SuhscrRvd aril swam to before fGdumn D f E ou 0703) S me this day of b. _S of Stono! Material (Column F on 6700) s dowry Public Taal Rctainagt clinch is + Sb or Total in Column 1 of G7D3i My Commnission expires: .,..,,. S A TOTAL EARNED LESS RETAINAGE .. . ............................. . ... S (Line 4 Lt" Line 5 Total) T. LESS PREWOUS CERTMATES FOR PAYMENT ...................... g I I Joe 6 (mm prior C ienifixiuel d. CURRENT PAYMENT DUE .............. ............................... S 9. BALANCE TO FINISH, INCLUDING RETAWAGE (Line 3 hss line b) $ CHANGRORDOSUMMARY i ADDITIONS DEDUCTIONS Total changes approved in parlous months by Owner S $ Total approved this Month S $ TOTALS S f Ab7 LHANGFSby(tnau Osier S ARCHITECTS CERTIFICATE FOR PAYMENT ]n actroldanix with the contract Documents, based an on -site observations and the data coatprisinc this ariplicatioat, the Archiw certifies to the Owner that to the heat of the Archilect'A knowledge, infarmatioa and belief the work has progressed at indicated, the quality of the wort is in accordance with the Cortm Documents, and the Contractor is entitled to payment or the AMOUNT CERTIFIED. ANOINT CERTIFIED ......_ ...................-._.........._. ............-- ..:............,. s f Attach explanonion if 0nmunt crstffred elf ffers from the amommr dppl)CJ. luitial rdl figurer an this Alyrficadim and rot the Coff)h rtirn Sifter that are dwi grd k) conform with alit• amamt real fled. ) ARCWECT: BY Dale: Tills Certificate is mac oe#Wabk. The AMOUNT CERTIFIED is payable only to the Conractor rimsed henria Issuance- payarnt and acceptance of payment are without prejudice to any rights of the Owner or Crardaw under this Contim MA Dotetererd G70?m -19M Copyrigly 0199.1%3.1965,1471, ISM. INS and 1492 by Tha American hAft of Ardabcfa. A9 right msrved. WARNING: TNs A10 Doa men! Is pretseted by U.S. C.opyr" Law and enern9krral Trealies. [1rwWborlxed reprodwaDn or distribution of Hie AW (locumeM. or any portion or it. eumy resun ie severe Ctrs and 011ftal p"lles, and will be proeeemied to lbe maaltsum extent possible under the taw. Ptechasps w pwgm Plod 10 reproduce men 110) won d 11it dotanwd wden mmpieled. To mpon coPOO vVillom d AU CoMmd DocusWin, e-mat The Arnamiriin kft* of AndMaa "It counsel, copta9waiaorg Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 29 of 30 Packet Page -1505- 6/11/2013 16.D.12. CONTINUATION SHEET AIA DOCUMENT G703 (lastrucdons on re+ersc side) RAGE OF PACES .eI Document GM, APPLICATION AN'D CERTIcIC0 FOR P.AYMI IT; APPLICATION NO.: conWnbtg Cortmaors signed Cett6atton, is vached. APPLICATION DATE: In tabulations below, amounts are smed to the nrzrest dollar. PERIOD TO: CSC Column I on Contracts where Fatrable reMinage for be iMMS nta► appht ARCHITECT'S PRQJECT NO.: { B C D E F G I H I I�0 DESCRtPTIOY OF ARK SCHEDULED 1'.1I fE WORK COMPLETED WTER 5 PRES_°.NTLy ST ED (NOT 1ti TOTAL COMPLETED AND STORED TO D ATE a (G ; C) R,UNCE TO MISH REtkIXkGE (IF>.BUBLE) 1LATE) FROM p11:viOCS APPLIGU7O� o iH+S PERIOD f I f I I AIA DWAOT GM I CON'rN hilON 917E POt G 10 149? ED MN a AUC - 0199? • r:FE l►MW AtS7Ii -n OF .00h1iEM, -11735 NW I= ��1 s scror;, nt �ooai:4? • t+ unhareed photucopyi�g Yioltab us d IrMS snd ►.�ea>ne nbhtx m P' G703.1992 CAUTION: You should use an original AIA document which has this caution printed in red. An odginel assures that changes WUt not be obscured a may occur when dwurwts are mproducad. Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 30 of 30 Packet Page -1506- 6/11/2013 16.D.12. Grant # - B- 12 -UC -12 -0016 CFDA/CSFA# - 14.218 Subreci ient — Youth Haven, Inc DUNS # - 077283349 A` FETI # - 23- 70655187 FY END 6 -30 -Monitoring Deadline 11 -30 -18 1St AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. SAFE AND SECURE HOME FOR COLLIER YOUTH This Amendment, is entered into this day of , 2013, by and between Youth Haven, Inc. a private not - for - profit corporation 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 November 13, 2012, the County entered into an agreement with Youth Haven, Inc. for Community Development Block Grant Program funds to be used for Safe and Secure Home for Collier Youth (hereinafter referred to as the "Agreement "); and WHEREAS, the Parties desire to amend the Agreement to make modifications throughout. a NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuabl consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to ,00 ' amend the Agreement as follows: Words Strueli Thr are deleted; Words Underlined are added 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 funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: The FY2012 -2013 Action plan identified and approved the project to allow Youth Haven to r-enevate , upgrade campus security and provide additional lighting and security fencing, as well as rehabilitate update two etw cottages on site for transitional housing for emancipated youth and youth transitional out of foster care. Youth Haven. Inc. 2012 CDBG (CD 12 -03) Amendment #I Safe and Secure Home for Collier Youth Page 1 of 13 Packet Page - 1507 - Cg 6/11/2013 16.D.12. Project Component #1: Rehabilitate two onsite transitional cottages Project Component #2• Upgrade campus security to provide additional lighting and security fencing. Specifically, improvements identified for funding are outlined in the budget in Section III. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 13th day of November, 2012 and end on the 31st day of December, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available NINE 14UNDRED FIFTY- ($956,000) TWO HUNDRED TWENTY ONE THOUSAND DOLLARS ($221,000) 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 be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost categoLy and activity shall be made with board approval. 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. ,uth Haven. Inc. 12 CDBG (CD 12 -03) Amendment #I Safe and Secure Home for Collier Youth Page 2 of 13 Packet Page -1508- `� 6/11/2013 16.D.12. The budget identified for all improvements is as follows: Youth 2012 C Amendment # 1 Safe and Secure Home for Collier Youth Line Items Federal Funds NOTE* Any additional costs to complete the project outlined below will be at the expense of the Subrecipient. Activities /items /services may include but not be limited to: x,000 livit�a;n�a�frnm tt r a effi^ or +�T� + t ,a t i, r v� �au.T ' and disposal ef eeastfuetien-4ebfis Pro'ect Component #1 A Transitional Cottage — Jeanette Cottage All costs associated to remove /replace /install new roof; $ 70.500 energy efficient windows and sliding glass doors with hurricane impact glass; install a shared generators industrial grade, auAm�: manual to serve Jav and Jeannette Cottages on a platform and according to Collier County Building Code; transport and disposal of construction debris B Transitional Cottage — Ja , Cottage All costs associated to remove /replace /install new roof:, $ 70,500 energy efficient windows and sliding glass doors with hurricane impact glass; install a shared generators industrial grade, a��t�e, manual to serve Jay and Jeannette Cottages on a platform and according to Collier County Building Code; transport and disposal of construction debris Subtotal Project Component #1 $ 141,000 Project Component #2 Security Lighting,_ an4-Fencing and Landscaping All costs associated to install galvanized eight (8) foot $ 80,000 fencing � along the North and East perimeter of the facility including renovated cottages and remaining facility. Install two (2) electric access gates and all electrical work associated with installation; install directional flood lights, light poles and other electrical apparatus needed for securing lighting; landscaping Subtotal Project Component #2 $ 80,000 aven. Inc. Page 3 of 13 Packet Page -1509- Grand Total — All Construction 95;980 BG (CD 12 -03) $ 221.000 Youth 2012 C Amendment # 1 Safe and Secure Home for Collier Youth Line Items Federal Funds NOTE* Any additional costs to complete the project outlined below will be at the expense of the Subrecipient. Activities /items /services may include but not be limited to: x,000 livit�a;n�a�frnm tt r a effi^ or +�T� + t ,a t i, r v� �au.T ' and disposal ef eeastfuetien-4ebfis Pro'ect Component #1 A Transitional Cottage — Jeanette Cottage All costs associated to remove /replace /install new roof; $ 70.500 energy efficient windows and sliding glass doors with hurricane impact glass; install a shared generators industrial grade, auAm�: manual to serve Jav and Jeannette Cottages on a platform and according to Collier County Building Code; transport and disposal of construction debris B Transitional Cottage — Ja , Cottage All costs associated to remove /replace /install new roof:, $ 70,500 energy efficient windows and sliding glass doors with hurricane impact glass; install a shared generators industrial grade, a��t�e, manual to serve Jay and Jeannette Cottages on a platform and according to Collier County Building Code; transport and disposal of construction debris Subtotal Project Component #1 $ 141,000 Project Component #2 Security Lighting,_ an4-Fencing and Landscaping All costs associated to install galvanized eight (8) foot $ 80,000 fencing � along the North and East perimeter of the facility including renovated cottages and remaining facility. Install two (2) electric access gates and all electrical work associated with installation; install directional flood lights, light poles and other electrical apparatus needed for securing lighting; landscaping Subtotal Project Component #2 $ 80,000 aven. Inc. Page 3 of 13 Packet Page -1509- 6/11/2013 16.D.12. all Err-MR-4.., . . MrAFAWAXWM NaM 11 .. - -� r . . - I - r - - 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 quarterly progress reports. Invoices for work performed are required every month If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Final invoices are due no later than 90 days after the end of the agreement Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local. state or Federal requirements Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70 Florida Statutes otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule. Deliverable I Pavment Schedule ,uth Haven, Inc. ,12 CDBG (CD 12 -03) Amendment # 1 Safe and Secure Home for Collier Youth a:: 101 . . MrAFAWAXWM NaM 11 I ilt��lf1!1�2: a:: 101 Page 4 of 13 Packet Page -1510- Cq MrAFAWAXWM NaM 11 I ilt��lf1!1�2: Page 4 of 13 Packet Page -1510- Cq NaM 11 Page 4 of 13 Packet Page -1510- Cq 6/11/2013 16.D.12. Project Component #1 A): Rehabilitation activities for Jeanette Ce fie to of Completion fi l iyef fti fi e d,.,..,.....e.,tafien 14 4 od of ehildr -e s A) For Jeanette: Submission of monthly Cottage B): Rehabilitation activities for Jay Cottage invoices on AIA G702 -1992 form or equivalent document. Final 10% ($7,050) released upon documentation of rehabilitation activities complete such as a Certificate of Completion. Supporting proof of payment documents must be provided as backup. B) For Jay: Submission of monthly invoices on AIA G702 -1992 form or equivalent document. Final 10% ($7.050) released upon documentation of rehabilitation activities complete such as a Certificate of Completion. Supporting proof of payment documents must be provided as backup. Project Component #2: t.. t' t'.:ties for- o .-it-y lighting C„ 1..., .�F'.Y, .,tl,ly invoices AIA G - Security Lighting, Fencing and Landscaping Q702 1992 f r,Y, t aehed- Exhibi) (, as- Seh d„le e f:V lues. Qtl,,peAifig d Lt be nts fflust pfevid Final 100% ($8,000) released upon of lie fr—f ., g rn l . efAraetnr Submission of monthly invoices on AIA G702 -1992 form or equivalent document. Final 10% ($7,050) released upon documentation of rehabilitation activities complete such as a Certificate of Completion. Supporting proof of payment documents must be provided as backup. Youth Haven., Inc. 2012 CDBG (CD 12 -03) Amendment # 1 Safe and Secure Home for Collier Youth Page 5 of 13 Packet Page -1511- 6/11/2013 16.D.12. IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Sandra Marerro, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 (239)252 -2399 sandramarreron col Iiergov.net SUBRECIPIENT ATTENTION: Rena "° )Alintef Exee `ive Dir -eetef Stephanie Jinx Liggett Executive Director Youth Haven, Inc. 5867 Whitaker Road Naples, FL 34112 (239)774 -2904 Jinx. liggettnvouthhaven.net D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. ith Haven, Inc. �2 CDBG (CD 12 -03) Amendment # 1 Safe and Secure Home for Collier Youth Page 6 of 13 Packet Page - 1512 - { -t� ) Provide services to a minimum of 96 NA individuals as evidenced by quarterly reports (Exhibit D) submitted by the 14th of the following month after the end of the quarter.. Submit on an annual basis an inventory NA asset list forequipment urchased. IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Sandra Marerro, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 (239)252 -2399 sandramarreron col Iiergov.net SUBRECIPIENT ATTENTION: Rena "° )Alintef Exee `ive Dir -eetef Stephanie Jinx Liggett Executive Director Youth Haven, Inc. 5867 Whitaker Road Naples, FL 34112 (239)774 -2904 Jinx. liggettnvouthhaven.net D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. ith Haven, Inc. �2 CDBG (CD 12 -03) Amendment # 1 Safe and Secure Home for Collier Youth Page 6 of 13 Packet Page - 1512 - { -t� ) 6/11/2013 16.D.12. Dollar Range $ Quotes Under $3K -Ne Q ete Re ea 1 Written auote Above $3K to $10K 3 Written Quotes Above $ l OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) (Signature Page to follow) Youth Haven. Inc. 2012 CDBG (CD 12 -03) Amendment 41 Safe and Secure Home for Collier Youth Page 7 of 13 Packet Page -1513- 6/11/2013 16.D.12. IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 11th day of June. 2013 for the First Amendment. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Dated: (SEAL) )uth Haven. Inc, A2 CDBG (CD 12 -03) Amendment #I Safe and Secure Home for Collier Youth RIN GEORGIA A. HILLER, ESQ., CHAIRWOMAN YOUTH HAVEN, INC. IL Jay F. Cook President of the Youth Haven Board of Directors Approved as to form and legality: Jennifer B. White Assistant County Attorney Page 8 of 13 Packet Page -1514- �7 6/11/2013 16.D.12. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Sub recipient Name: Youth Haven Inc. Sub recipient Address: 5867 Whitaker Road Naples FL 34112 Project Name: Safe and Secure Home for Collier Youth Project No: CD 12 -03 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) I - • % 111 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 Title Authorizing Grant Coordinator Supervisor. Dept Director Youth Haven, Inc. 2012 CDBG (CD 12 -03) Amendment #I Safe and Secure Home for Collier Youth Date (approval authority under $14,999) (approval required $15,000 and above) Page 9of13 Packet Page -1515- G 6/11/2013 16.D.12. EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report Telephone Number: . (239)M-7101 "REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12131/12 03/31/13: 06/30/13 09/30/13 Please take note: The CDBG /HOME /ESG Program year begins October 1, 2012 - September 30, 2013. Each quarterly report needs to include cumulative ^lata beginning from the start of the program year November 13, 2012. Please list the outcome goals) from your approved application & sub - recipient agreement and indicate your progress in meeting those 1. aoais since November 13. 2012. A. Outcome Goals: list the outcome goal(s) from your approved application & sub - recipient agreement A..L�� —. —� 1_ /1_L_LSISI._�. �'iL� __ — — _. ___ __ .__. _ _. ... r.. .+•.!,t'.,..1Y. �: Mu!. •-.f:. ', . .. _.. . .. MiiV�V' "Vl'�aifiVl • % Y..ire �•' t � .: /��, '-1 Hr �li Eall� -"I• , .. -: � 'f'i�: ty*ki'�- I.: T! I t � ', w 'P i ; 9 rhjity�,d � _ -,••' Outcome 4: R h b II transitional f r 'r u 96 Agency Name: Youth Haven, Inc. - Date: 11/13/2012 _ December 31, 2013 Outcome 3: Proof of a minimum of 96 being Served Project Title: 1.agtl -A�aqu psibiic Facilities. youth :',t,: Outcome 4: Submittal of Asset Inventory annually :a.t i.Yi ad ••••. i•l .. ' - • }+:: �;� Sett }r. :. •. F �.� i.�••W=''_e.,. _, - .. '• ., � {•Y .jt•.. }rho. -� °_FRS _R a3:K�.if . ".t•1,e3,x�J. �.F-tl.i'.� ^ r •' • '. Alternate Program Contact: Greg elvem Stephanie Jinx {.,;. Lfn Contact: y , Telephone Number: . (239)M-7101 "REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12131/12 03/31/13: 06/30/13 09/30/13 Please take note: The CDBG /HOME /ESG Program year begins October 1, 2012 - September 30, 2013. Each quarterly report needs to include cumulative ^lata beginning from the start of the program year November 13, 2012. Please list the outcome goals) from your approved application & sub - recipient agreement and indicate your progress in meeting those 1. aoais since November 13. 2012. A. Outcome Goals: list the outcome goal(s) from your approved application & sub - recipient agreement A..L�� —. —� 1_ /1_L_LSISI._�. �'iL� __ — — _. ___ __ .__. _ _. ... r.. .+•.!,t'.,..1Y. �: Mu!. •-.f:. ', . .. _.. . .. MiiV�V' "Vl'�aifiVl • % Y..ire �•' t � .: /��, '-1 Hr �li Eall� -"I• , .. -: � 'f'i�: ty*ki'�- I.: T! I t � ', w 'P i ; 9 rhjity�,d � _ -,••' Outcome 4: R h b II transitional f r 'r u 96 u nnu - Outcome 2: Complete all identified im p rovements includi ',n6 later than , 204 2 _ December 31, 2013 Outcome 3: Proof of a minimum of 96 being Served youth :',t,: Outcome 4: Submittal of Asset Inventory annually •� ' «t1.1 w•:� '.•�:.1 ,': fit. j. ', +i.: .t'. ••••. i•l .. ' - • }+:: �;� Sett }r. :. •. F �.� i.�••W=''_e.,. _, - .. '• ., � {•Y .jt•.. }rho. -� °_FRS _R a3:K�.if . ".t•1,e3,x�J. �.F-tl.i'.� ^ r •' • B. Goal Progress: Indicate the progress to date in meeting each outcome goal. Ith Haven, Inc. ,2 CDBG (CD 12 -03) Amendment # I Safe and Secure Home for Collier Youth Page 10 of 13 Packet Page -1516- G rl Yes No t •.�'',;3.. If no, explain; 3. Since October 1, 2012, of the Persons assisted how many.... a ...now have new access (continuing) to this service or benefit? ; 0 b• ... now has improved access to this service or benefit? 0 . C. ... now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. 1 What fundlna sources are a Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds Total Other Funds Youth Haven, Inc. 2012 CDBG (CD 12 -03) Amendment # I Safe and Secure Home for Collier Youth $trinl}�Ya-i�ttYy: '7w^ "Y•;;Jrri•y ; +"` t y�rS ° • • �• fig S Page 11 of 13 Packet Page -1517- 6/11/2013 16. D.12. HOPWA Outcome 1: ESG .,,;cam, -' :,� ?''„•• �' Total ._, Entitlement $ Funds 1 - .l' r eir, i.,.•t,>t -' wl'..- '.1`•F ,i ...,+re'�:vrf. ,'.i.i�'I•I'1 °i�•l. ,, %�i - 'r4.i;•11 -`v?. • , ri wR'`F'{I�.` .'r wy•, {agi7N'•r;, r t ����;. _��: �.'J Is this project still In compliance with the original project schedule? If more than 2 months behind schedule, must submit a new timeline 2. for approval. rl Yes No t •.�'',;3.. If no, explain; 3. Since October 1, 2012, of the Persons assisted how many.... a ...now have new access (continuing) to this service or benefit? ; 0 b• ... now has improved access to this service or benefit? 0 . C. ... now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. 1 What fundlna sources are a Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds Total Other Funds Youth Haven, Inc. 2012 CDBG (CD 12 -03) Amendment # I Safe and Secure Home for Collier Youth $trinl}�Ya-i�ttYy: '7w^ "Y•;;Jrri•y ; +"` t y�rS ° • • �• fig S Page 11 of 13 Packet Page -1517- HOPWA CDBG ESG HOME Total Entitlement $ Funds - 6/11/2013 16.D.12. EXHIBIT "D" Complete EITHER question 97 OR 98. Complete question 97 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question #81 any client in your program does riot fall into a Presumed Benefit category, S. Whististhe total number ofUNDUKiCATED ,4lisnts served this usrter,tf icttd+ll ?iw. - a. Total No. of adult females served "Total No. of females served under 18: persons served since October 1 who fall into 4 served since October 1 who fall into each income w of l to b. Total No. of adult males served ,•, Total No, of males served under 18: Report as: Report as: TOTAL: 0 TOTAL: 0 C. Total No. of families served Total No, of female head of Household �Apr Extremely low income (0 -30 %) 6. iAlhatte 2otai ntrmbarof UNDUPLICATED clients served since October, if'ttApOCShle7 J,, "> Battered Spouses a. Total number of adult females served "TM Total number of females served under 18 A" 4' 1r rElderly Persons r itr ,-r b. Total number of adult males served ;,. t Total number of males served under 18 _- 01, . Physically Disabled Adults TOTAL: 0 TOTAL: 0 Other -Youth TOTAL: 0 TOTAL: C. Total No. of families served: Q Total No. of female head of householtl, Complete EITHER question 97 OR 98. Complete question 97 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question #81 any client in your program does riot fall into a Presumed Benefit category, DO NOT COMPLETE BOTH QUESTION 7 AND S. 7. PRESUMEDSENEFI61AFI(E1ATA a t T $ . w ER'BEN6FfCIARYDATA tNC01NE.3AN(iE , Indicate the total number of 1NDUPLICATED indicate the total number D persons persons served since October 1 who fall into each presumed benefit category (the total served since October 1 who fall into each income w of l to should equal the total in question #6) : category (ilia total should equal the rota! in question ;96) Report as: Report as: :iAbused Children �Apr Extremely low income (0 -30 %) Q . Homeless Parson Low Income (31 -509k) J,, "> Battered Spouses Moderate Income (51 -80%) ph a „I Persons w/ HNlAID9 Above Moderate k cane ( >80 %) 1r rElderly Persons Veterans . 0'` : Chronically/ Mentally ill 01, . Physically Disabled Adults Other -Youth TOTAL: 0 TOTAL: 0 a. Raciali. thnlc ata:” (ifappficable) Please indicate how many UNDUPLICATED clients served since October fail into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White 1:111_. Btack/Afncan Amerr-an 1 Asian ' 0 American IndiardAfasks Native 0 Native Hawaiian/Other Pacific Istanderk t;l o'r SA 6 American hdaNAlaskan Native &Whtex' N,m. Bieck'African American & White Am. IndiantAlaska Native & Black/Arrican Am ` Other Multi-racial Other 0 TOTAL: 0 Name: Title. uth Haven, Inc. 12 CDBG (CD 12 -03) Amendment # 1 Safe and Secure Home for Collier Youth of whom, how marry are Hispanic? t of whom, how many are Hispanic? ;C3 K ;; of whom, how many are Hispanic? of whom, how many are Hispanic? r of whom, how many are Hispanic? of whom, how many are Hispanic? of wham, hour many are Hispanic? of whom, Crow many are Hispanic? of whom, hay many are Hispanic? ..... '.; of whom, how many are Hispanic? 0 TOTAL HISPANIC Signature Your typed name here represents your a one signature Page 12 of 13 Packet Page - 1518 - "� 6/11/2013 16. D.12. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, 'Local Gbverrar tints,; and Non -Profit O(ganfzations requires the Collier County Housing, Human and Veterans ��ervices .Department''to monitor our sub recipients of federal awards and determine whether�they vi'�met the audit requirements of the circular and whether .they are in compliance with federal laws;and regulations. Accordingly, we are requirino that you check one of the following,.prpvide -till appropriate documentation regarding your o anization's.com fiance with the audit re utrements sign and date thisfiorm. Sub -recipient Youth Haven, Inc. -Fiscal Year July 2911 -2012 ,Name Period Total State Financial Assistance Expended during 1` most �recentl wcom feted Fiscal Year Total 'Federal Financial Assistance Expended during -mast $ 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. tIr nnoings were notes, pi*ease encwsG a cuWy v1 LIM n«u bN11GHLIVIU =%.uvu NM11.1 Certification Statement I hereby certify #hat the above information is true and accurate. Signature Date Print Name and Title Youth Haven, Inc. 2012 CDBG (CD 12 -03) Amendment # 1 Safe and Secure Home for Collier Youth Page 13 of 13 Packet Page - 1519 -