Agenda 11/13/2012 Item #16D 311/13/2012 Item 16.D.3.
EXECUTIVE SUMMARY
Recommendation to approve four (4) Subrecipient Agreements for the Community Development
Block Grant (CDBG) projects previously approved for U.S. Department of Housing and Urban
Development (HUD) funding in the 2012 -2013 Action Plan approved by the Board on July 24, 2012
(Agenda Item No. I LE)
OBJECTIVE: To begin expenditure of the FY 12 -13 HUD allocations, per the Annual Action
Plan approved by the Board.
CONSIDERATIONS: On July 26, 2011, the Board of County Commissioners approved the
County's Five -Year Consolidated Plan for fiscal years 2011 -2016 (Agenda Item No 10H,
fonnerly 16D14). The purpose of the Consolidated Plan is to provide the County with a
planning strategy outlining community -based goals and objectives that will allow for eligible
projects utilizing federal funding. In addition to furthering the County's goals and objectives, the
Consolidated Plan also complies with HUD national objectives.
Each year, the County completes an annual Action Plan that is meant to further the Consolidated
Plan's goals and objectives. Each Action Plan identifies a list of community based projects that is
acquired through an application submittal process. Among other criteria, during the review
process, grant applications are evaluated specifically against the goals and objectives of the
Consolidated Plan and the Annual Action Plan. In addition to the evaluation criteria, each
proposed project is evaluated as to whether the project meets the HUD national objectives.
HUD's National Objectives are: elimination of slum and blight, direct benefit to low and
moderate income persons and /or has been designated to meet community development needs
having a particular urgency.
On July 24, 2012, the Board of County Commissioners adopted Resolution No. 2012 -137
approving a One -Year (FY2012 -2013) HUD Action Plan (Agenda Item No. 1 LE). The approved
Action Plan contained a description of each proposed project and amount of funding for each
project.
The projects below are incorporated in the 2012 -2013 One Year Action Plan. Approval of the
subreceipient agreements will allow Housing, Human and Veteran Services (HHVS) to
administer, implement and monitor the projects outlined in the Annual Action Plan. The
subrecipient agreements for the remaining projects contained in the 2012 -2013 One Year Action
Plan will be presented to the Board for consideration at a future meeting.
The Action Plan identifies the funding year as October 1, 2012 to September 30, 2013. The
following contracts are effective from November 13, 2012 (Board meeting date) to November
13, 2013. This is an acceptable grant practice and allowed by the funding source.
The following Subreceipient Agreements are being presented for the Board's approval: Youth
Haven, Inc., The Shelter for Abused Women and Children, David Lawrence Mental Health
Center and the City of Naples.
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11/13/2012 Item 16.D.3.
Youth Haven. Inc. — Safe and Secure Home for Collier Youth — ($956,000)
The project description, as outlined in the FY2012 -2013 Annual Action Plan is as follows:
The project will allow Youth Haven to renovate and expand to provide a
Basic Shelter Center for homeless /runaway youth, ages 14 -18, upgrade
campus security and additional lighting and security fencing, as well
as upgrade two other cottages onsite for transitional housing for emancipated
youth and youth transitioning out of foster care.
Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's
grant application and amendments, the FY2012 -2013 Annual Action Plan, Priority Needs
Category (Public Facilities) and the Scope of Work. Staff confines that the project is compliant
with the Consolidated Plan and FY2012 -2013 Action Plan.
Since the initial grant application was received, HHVS has worked with the Subreceipient to
detennine that additional work can be included within the original allocation and is defined in
the budget detail of the Subreceipient Agreement. The number of bathrooms within the Basic
Shelter Center increased from eight to eleven and the barbed wire strands on the perimeter fence
has been removed. All other improvements remain as identified in the original application.
The Shelter for Abused Women and Children — Leval Services Expansion — ($144,500)
The project description, as outlined in the FY2012 -2013 Annual Action Plan is as follows:
The expansion of the Legal Services Program will continue assisting
low /no income emergency shelter and outreach participants in Immokalee
and Naples. These services will provide orders of protection, divorce
or separation and spousal or child support.
Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's
grant application and amendments, the FY2012 -2013 Annual Action Plan, Priority Needs
Category (Public Services) and the Scope of Work. Staff confirms that the project is compliant
with the Consolidated Plan and FY2012 -2013 Action Plan.
The amendment proposed constitutes only administrative changes to staff classifications and the
addition of a portion of the time for a Director of Programs at The Shelter. The administrative
changes do not affect the grant funding amount or the clients to be served.
David Lawrence Mental Health Center — Access 2 Wellness — ($180,000)
The project description, as outlined in the FY2012 -2013 Annual Action Plan is as follows:
The Access 2 Wellness project provides access to intensive, residential
care for adults with significant substance abuse problems. The
project enhances traditional residential care by adding access to on -site
wellness services and facilities.
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11/13/2012 Item 16.D.3.
Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's
grant application and amendments, the FY2012 -2013 Annual Action Plan, Priority Needs
Category (Public Facilities) and the Scope of Work. Staff confirms that the project is compliant
with the Consolidated Plan and FY2012 -2013 Action Plan.
The grant award was less than the Subrecipient's request. The project, as presented, reflects the
hiring of a Licensed. Practical Nurse rather than a Registered Nurse and the elimination of a
Physical Trainer contracted position. Even with a reduction in funding, the Subreceipient will
maintain the same level of service identified in the application.
City of Naples — Land Acquisition — ($105,835)
The project description, as outlined in the FY2012 -2013 Annual Action Plan is as follows:
The acquisition of a vacant parcel of property within the City's
Community Redevelopment Area (CRA) near the River Park Community
Center on 5`h Avenue North at the entrance to the FPL Substation
Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's
grant application, the FY2012 -2013 Annual Action Plan, Priority Needs Category (Public
Facilities) and the Scope of Work. Staff confirms that the project is compliant with the
Consolidated Plan and FY2012 -2013 Action Plan.
Pursuant to the consistency analysis outlined above, Board approval of the Subreceipient
Agreements confirms basis upon which payment is to be made; only to change thereafter by
Board approved substantial amendment and /or contract amendment, if needed.
FISCAL IMPACT: Funds in the amount of $1,386,335 are available within the Housing Grants
Fund (705) for FY2012/2013 CDBG Project (33236).
LEGAL CONSIDERATIONS: Each subrecipient agreement authorizes the County Manager to grant a
cumulative extension of the project completion date of no more than 180 days and modify the project
work plans to reflect the extension. Requests for extension must be submitted no later than 90 days prior
to the end date of the subrecipient agreement. This item is legally sufficient and requires a majority
vote.- JBW
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will
further certain Goals, Objectives, and Policies within the Housing Element of the Growth
Management Plan.
RECOMMENDATION: To approve and authorize the Chairman to execute four (4) Subrecipient
Agreements for the CDBG projects previously approved for HUD funding in the 2012 -2013
Action Plan approved by the Board of July 24, 2012 (Item No. I LE)
Prepared By: Elly Soto McKuen; Grant Support Specialist; Housing, Human and Veteran
Services Department
Margo Castorena, Manager, Federal and State Grants, Housing, Human and
Veteran Services Department
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11/13/2012 Item 16.D.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.3.
Item Summary: Recommendation to approve four (4) Subrecipient Agreements for the
Community Development Block Grant (CDBG) projects previously approved for U.S.
Department of Housing and Urban Development (HUD) funding in the 2012 -2013 Action Plan
approved by the Board on July 24, 2012 (Agenda Item No. 11.E)
Meeting Date: 11/13/2012
Prepared By
Name: McKuenElly
Title: Grant Support Specialist, Housing, Human & Veteran
10/ 17/2012 12:22:40 PM
Submitted by
Title: Grant Support Specialist, Housing, Human & Veteran
Name: McKuenElly
10/ 17/2012 12:22:42 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 10/23/2012 1:40:36 PM
Name: MesaNancy
Title: Accountant,Housing, Human & Veteran Services
Date: 10/23/2012 2:02:25 PM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 10/23/2012 3:41:12 PM
Name: K1opfWendy
Title: Operations Coordinator,Housing, Human & Veteran Se
Date: 10/24/2012 10:42:00 AM
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Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 10/24/2012 4:21:24 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 10/25/2012 10:23:14 AM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 11/2/2012 9:10:35 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/2/2012 11:56:17 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 11/2/2012 3:17:46 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 11/2/2012 3:51:32 PM
Name: OchsLeo
Title: County Manager
Date: 11/4/2012 12:34:32 PM
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11/13/2012 Item 16.D.3.
11/13/2012 Item 16.D.3.
Grant # - B- 12 -UC -12 -0016
CFDA/CSFA# - 14.218
Subreci ient — Youth Haven, Inc
DUNS # - 077283349
FETI # - 23- 70655187
AGREEMENT BETWEEN COLLIER COUNTY
AND
YOUTH HAVEN, 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 FL 34112, and the "Youth Haven, 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 (HUD) grant program Community Development Block Grant Program funds and the
COUNTY expects to continue to receive entitlement funds from these grant programs to operate the
COUNTY's housing and community development activities; and
WHEREAS, 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; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
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 how it intends to
allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate- income
residents; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FY12 -13 for the CDBG Program for July 24,
2012, Agenda Item #1 I.E.; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan 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 $956,000 to YOUTH
HAVEN, INC. for the Safe and Secure home for Collier Youth located at 5867 Whitaker Road, Naples, FL
34112; and
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no
11/13/2012 Item 16.D.3.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with 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 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 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 fluids 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 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 FIFTY SIX THOUSAND DOLLARS
($956,000) 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 ").
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.
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11/13/2012 Item 16.D.3.
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, I 1 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
$ 735,000
Transitional Cottage — Jeanette Cottage
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 — Ja i Cottage
All costs associated to remove /replace /install new roof;
$ 70,500
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 Cottages
$ 141,000
Security Lighting Ligbting 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 lighting; landscaping
Subtotal
$ 80,000
Grand Total — AlI Construction
$ 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 HHVS pursuant to the
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT 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, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." No payment will be made until approved by HHVS.
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The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Construction activities for Basic Center
Submission of monthly invoices on AIA
Shelter
G702 -1992 form (attached as Exhibit "G ")
or equivalent document per contractor's
Schedule of Values. Supporting
documents must be provided as back up.
Final 10% ($73,00) 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 form (attached as Exhibit "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 144 children served.
Construction activities for Jay Cottage
Submission of monthly invoices on AIA
G702 -1992 form (attached as Exhibit "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 144 children served.
Construction activities for security lighting,
Submission of monthly invoices on AIA
fencing and landscape
G702 -1992 form (attached as Exhibit "G ")
or equivalent document per contractor's
Schedule of Values. Supporting
documents must be provided as back up.
Final 10% ($8,000) released upon
Certificate of Completion and final waiver
of lien from general contractor.
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.
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COLLIER COUNTY
SUBRECIPIENT
11/13/2012 Item 16.D.3.
ATTENTION: Sandra Marerro, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
ATTENTION: Rosanne
Youth Haven, Inc.
5867 Whitaker Road
Naples, FL 34112
Winter, Executive Director
V. ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY
and HUD governing CDBG fiends pertaining to this Agreement. In the event of curtailment or non - production
of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions
of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination
shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole
discretion and judgment, that the Funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and /or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
VI. GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community
Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the
SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604
and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable
Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
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C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times
remain an "independent contractor" with respect to the services to be performed under this Agreement. The
Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or
medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent
contractor.
D. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its
obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to
the end date of this agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of
this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee
and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period,
the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and
modify any subsequent project work plans to reflect the extension. The request must be submitted no later than
ninety (90) days prior to end date of this Agreement.
E. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses,
costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors,
patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of
the SUBRECIPIENT in the performance of this Agreement. This indemnifi cation obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination and /or expiration of this Agreement. This section does not pertain to any incident
arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
F. GRANTEE RECOGNITION /SPONSORSHIPS
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The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports and similar public notices prepared and
released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
G. TERMINATION
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 an), of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in
any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the
Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a
partial termination, the Grantee determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
VII. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to
any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any
funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's
obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary.
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 SUBRECIPIENT in the form of a loan) in
excess of $25,000 as outlined in 24 CFR 570.505 must either:
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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 of 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 determines appropriate; or
b. If not used in accordance with the above subsection (a) the SUBRECIPIENT 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 for the acquisition of or improvements to, the
property. No payment is required after the period of time specified in subsection (a).
VIII. INSURANCE
SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all
insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506
to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable
laws and regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
1. All records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
shall be maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this Agreement.
Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for four (4) years after expiration of this Agreement
with the following exception: if any litigation, claim or audit is started before the expiration date
of the four (4) year period, the records will be maintained until all litigation, claim or audit
findings involving these records are resolved. The COUNTY shall be informed in writing if an
agency ceases to exist after closeout of this Agreement of the address where the records are to be
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kept as outlined in 24 CFR 85.42.
4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law,
including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and
administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, the
SUBRECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD Income
Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and appropriate determinations
as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries,
where applicable.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports required by
this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed
necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15`h
day of January, April, July and October respectively for the prior quarter period end. As part of the report
submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the
agreed -upon Program objectives, activities and expenditures and including, but not Iimited to, performance data
on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an
example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or their designee in the event of Program changes; the need for additional
information or documentation arises; and /or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the
COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the
activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
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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.
Dollar Range ($)
Quotes
Under $3K
No Quote Required
Above $3K to $1 OK
3 Written Quotes
Above $1 OK to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid (IFB
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and /or its representatives) may
deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data
relating to all matters covered by the Agreement for review, inspection or audit.
G. PROGRAM - GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any
activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the
SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program.
H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final payments,
disposing of program assets (including the return of all unused materials, equipment, program income balances,
and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the
records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement on the basis of race, color,
disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,
the COUNTY shall have the right to terminate this Agreement.
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To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or owned
in substantial part by persons residing in the project areas shall be awarded contracts in connection with the
project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of <<
1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in
section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking,
Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians. The
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be
low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this
Agreement must reside in unincorporated Collier County or in municipalities participating in the County's
Urban County Qualification Program.
D. AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to
the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the
Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this
Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the
SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall
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be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so
as not to unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate- income residents of the project target area.
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 570.2000). The SUBRECIPIENT shall comply
with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the basis of religion
and will not limit employment or give preference in employment to persons on the basis of religion
b. It will not discriminate against any person applying for public services on the basis of religion and
will not limit such services or give preference to persons on the basis of religion
c. It will retain its independence from Federal, State and local governments and may continue to carry
out its mission, including the definition, practice and expression of its religious beliefs, provided that
it does not use direct CDBG funds to support any inherently religious activities, such as worship,
religious instruction or proselytizing
d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is used for
both eligible and inherently religious activities, CDBG funds may not exceed the cost of those
portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to CDBG funds in this part.
Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal
place of worship, however, are ineligible for CDBG funded improvements.
(This page intentionally left blank)
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.
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ATTEST:
DWIGHT E. BROCIC, CLERIC
Dated:
(SEAL)
I
11/13/2012 Item 16.D.3.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
YOUTH HAVEN, INC.
BY:
Rosanne Winter, Ph.D.
Rosanne Winter, Ph.D., Executive Director
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tarniami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
I . Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 - 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
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OPERATION /MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and /or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less that $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST 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 4
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
$ $956,000
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have
been followed,
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under $14,999)
Dept Director (approval required $15,000 and above)
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EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY
might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and
paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request
for Payment.
YOUTH HAVEN, INC.
Witness: BY:
BY: ITS: Executive Director
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20_, by
as of
A Choose Not- For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
Youth Haven, Inc. AW
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub - recipients: Please fill in the following shaded areas of the report
Agency Name:
Project Title:
Program Contact:
Telephone Number; {23.x} 213 -7.101
*REPORT FOR QUARTER ENDING: (check one that applies to the
corresponding grant period):
11/13/2012 Item 16.D.3.
Date 11!13!2012 ?
Alternate
Contact: .'___. ...........:.!: ;:
Please take note: The CDBGlHOMEIESG Program year begins October 1, 2012 - September 30, 2013. Each quarterly report needs to include cumulative
data beginning from the start of the program year November 13, 2012.
Please list the outcome goals) from your approved application 8 sub- recipient agreement and indicate your progress in meeting those
9. goals since :November 13, 2012.
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12/31/12 03/31/13
06/30713
09!30!13
Please take note: The CDBGlHOMEIESG Program year begins October 1, 2012 - September 30, 2013. Each quarterly report needs to include cumulative
data beginning from the start of the program year November 13, 2012.
Please list the outcome goals) from your approved application 8 sub- recipient agreement and indicate your progress in meeting those
9. goals since :November 13, 2012.
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Yes
If no. exolain:
No ` . ... _.;.._ ..s
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 funding sources are applied
for this rind I pro6rain ear?
Section 108 Loan Guarantee
- HOPWA
Other Consolidated Plan Funds
CDBG
Other Federal Funds
ESG
State I Local Funds
- HOME
Total
$ Entitlement
$
Total Other Funds Funds
-
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EXHIBIT "D"
a. Total number of adult females served: D %:
Total number of females served under 18:
b. Total number of adult males served: 0 iTotal
number of males served under 18: 0 ':
TOTAL: 0
TOTAL: 0
C. Total No, of families served: i) ;;
Total No. of female head of household: Al
Cormlefe EITHER question N7 OR Ns. Complete queslion
#7 if your program only serves clients in one or more of the fisted HUD Presumed
Benefit categories. Complete question g i( any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. PRESUMED t3ENEFICIARY DATA-• "
8, DTHER.BENEFICIARYUATA:INCOME RANGE
Indicate the total number of UNn 1P.� t ti GATED
Indicate the total number of UNnnar 1CATED persons
persons served since October 1 who fall into
served since October 1 who fall into each Income
each presumed benefit category (the total
category (the total should equal the total in question #6):
should equal the total in question #6);
Report as:
Report as:
0 Abused Children
0 = Extremely low Income (0-30%)
p Homeless Person
0 liLow Income (3t -50°A)
D - Battered Spouses
D ' Woderate income (51.80%)
D% Persons wl HN /AIDS
0 ' Above Moderate Income ( >801/6)
0 'I Elderly Persons
-0 Veterans
Chronically/ Mentally ill
0 jPhysicaAy Disabled Adults
..: ..:: fl:...:..:': Qlher -Youth
TOTAL: 0
TOTAL: 0
1 9. Racist 8 Ethnic Data: " (Ifappficable)
Please Indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell),
RACE
ETHNICITY
White
; of whom, how many are Hispanic?
Black/African American
of whom, how many are Hispanic?
Fuien 0
Q �; of whom, how many are Hispanic?
American Indian/Alaske, Native
of whom, how many are His panic?
Native HawaharilOther Pacific Istander 0
D : of whom, how many are Hispanic?
American Indiarilkeskan Native & White 0
Q '_; of whom, how marry are Hisparic?
Black/African American & White
of wham, how many are Hispanic?
Am. Indian/Alaske Native 8 Black/African Am. 0
0 :i; of whom, how many are Hispanic?
Other Multi- racial A
0 `; of whom, how many are Hispanic?
Other ' D
0 =.; of wham, how marry are Hispanic?
TOTAL: 0
0 TOTAL HISPANIC
Name:
Title:
Signature:
Your typed narrie ere represents your a ec omit
signature
EXHIBIT "E"
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ANNUAL AUDIT MONITORING REPORT
OMB Circular A -133 Audits of States, Local. Governments, and Non - Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether the y. 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 carnpliance with the audit
requirements, sign d date this form.
Sub recipient
Name
Youth Haven, Inc.
Fiscal Year
Period
July 2011
Total State Financial Assistance Expended during
most recently completed Fiscal Year
Total Federal Financial Assistance, Expended during most
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
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,
pi rnnuin s were noreu, pease enclose a copy or the responses ana corrective action Ian.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
Youth Haven, Inc.
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EXHIBIT "F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block
Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and
12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and
as supplemented in Department of Labor regulations.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42
USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed
by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer.
24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance
provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subject the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub- recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low - income
residents of the project area, and that contracts for work in connection with the project
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be awarded to business concerns that provide economic opportunities for low- and very
low - income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project are given to low- and very low -
income persons residing within the metropolitan area in which the CDBG- funded project is located;
where feasible, priority should be given to low- and very low - income persons within the service area of
the project or the neighborhood in which the project is located, and to low- and very low- income
participants in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing
construction, or other public construction project to business concerns that provide economic
opportunities for low- and very low - income persons residing within the metropolitan area in which the
CDBG - funded project is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low- income residents within the service area or the
neighborhood in which the project is located, and to low- and very low- income participants in other
HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 1 1375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
12. The Americans with Disabilities Act of 1990
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form
4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR
135.1 l(c)).
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 -
which prescribes goal percentages for participation of minority businesses in Community Development
Block Grant Contracts,
17. The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting
opportunities lays, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable.
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18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
19. 24 CPR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections:
Subpart A — General;
Subpart B — Pre -Award Requirements, except for 84. 122, Forms for Applying for Federal Assistance;
Subpart C — Post -Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow
570.504;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow
570.505;
o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following
applies:
■ In all cases in which equipment is sold, the proceeds shall be program income (pro-
rated to reflect the extent to which CDBG funds were used to acquire the equipment);
and
■ Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
• Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance;
• 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 84.61, CDBG SUBRECIPIENTs
shall comply with 570.503(b)(7); and
Subpart D — After - the -Award Requirements — except for 84.71, Closeout Procedures
20, 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach
of this agreement, and the County shall have the discretion to unilaterally terminate this agreement
immediately.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly
or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in
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Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and
County Administrative Procedure 5' :)11.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under §
44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in
state court and the US District Court, 20`h Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
25. The SUBREECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24
CFR 570.605 Subpart K.), the SUBRECIPIENT shall assure that for activities located in an area identified
by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and /or reduce the cost of said flood insurance.
27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance
provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at
24 CFR 570.608, Subpart K.
28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a federal, state or
local historic property list.
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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 from participation in this transaction by any
Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.
31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
States, local governments, and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if part of a State or local government ) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non - Profit Organizations follow:
• A -122 for Cost Principles
• A -110 for Administrative Requirements
32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days
after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves
the right to recover any disallowed costs identified in an audit after such closeout.
33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG
including, but not limited to, the provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of
$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes.
35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
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11/13/2012 Item 16.D.3.
If an}, funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit,*"**,
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents
for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and
cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in
effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38. Florida Statutes 713.20, Part 1, Construction Liens
39. Florida Statutes 119.021, Records Retention.
EXHIBIT "G"
AIA G702 -1992 Form
Youth Haven. Inc.
2012 CDBG (CD 12 -03)
Safe and Secure Home for Collier Youth Page 27 of 30
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11/13/2012 Item 16.D.3.
A—FRAIADocument G702"- 1992 Instructions
Application and Certificate for Payment
GENERAL INFORMATION
Purpose anti Related Documents
AIA Document G702, Application and Certificate for Payment, is to be used in conjunction with AlA Docurnent 0;703, Continuation
Sheet. These d wurncnis are designed to be used on a Project where a Contractor has a direct Agreement with the (')tuner. Proccdurea
for their use tare covered fit AI.A DOCLIment A201, General Conditions of the Contract for Construction.
[)se of Current f)caeuments
Prior to tllirig uny AIA Contract. L)oc't1171e1t, user+ shoulel consult www.aia.org or a local AIA component to verify the most recent
edilion.
Reproductions
This document is it copyrighted work and may not be reproduced or excerpted from without the express written permission of the
AIA.'i'herc is no implied Permission to reproduce this document, nor does ntentbership in The American institute of Architects confer
any further ril hts to reProCluee this clocuntent.
Tile AiA hereby grants the purchase- a lirt bed licensc it.) reproduce it maxintttnt often copies iof a completed (3702, but only for use in
connection with it particular project. The AiA will not permit reproduction outside of the limited license for reproduction gran(ed
above, except Upon written requcsi and receipt of written permission from the At A.
Rights (o reproduce the docuttlenl nuty vtu'y for users of AIA software. 1- ic•.ensed AIA Software users should consult the End User
License Agreement (EULA).
To report copyright violations ofATA Contract Docunnents, e-mail The American institute of Architects' lc,_Ial counsel,
copyright Cd,aia.tn-g.
COMPLETING THE G702 FORM
After (lie Contractor has completed AIA L)tcuntcnt C3703, Continuation Sheet, sunultary information should he lrantferred to AIA
Ducuntrnt C3702, r \pplicutian and Ccrtilicutc for Payment.
The C'ontractlu should sign 0702, have. it notari'rod, and Submit it, together with G703. to the Architect.
Thc. Architect should review G702 and 0703 and, if they are acceptable, complete the. Architect's Cerlificate for Payment on 6702.
The Architect may certify a different amount than 111A applied for, ptusuanf to Suctions 9.5 and 9.6 of A201.'I'he Architect should
then initial alt fil;ures on 0702 and G703 that have been changed to conform to the amount certified and attach an explanation. The
completed 0702 and 0703 should be forwarded to the Owner.
MAKING PAYMENT
The Owner should make payment clirectly to the Coll tractof- bused on the amount certified by the Architect on AIA Docurnent 0,702;
Application and Certificate. for Payntc•nt. The completed form contains the name and address of the Contractor. Payment should not be
made to any other patty unless specifically indicated on G702.
EXECUTION OF THE DOCUMENT
Persons executing the document should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) and file
authcirity wider which they are executing the tlocuntertt. Where appropriate, a copy of the resolution authorizing the individual to act
un behalf of the firm or entity should he attached.
AIA Document G702T. - •1992. Copyright * 1953, 1963, 1965, 1971, 1978, 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This
AIA`Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AWc Document, or any portion of
It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten
t 10) copies of Inc dormnn.nl when completed. To report copyright violations of AIA Contract Documents. e-malf The American Inslituto of Archilects' legal counsel,
cupyrighlkpara.org,
Youth Haven, Inc.
2012 CDBG (CD 12 -03)
Safe and Secure Home for Collier Youth Page 28 of 30
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11/13/2012 Item 16.D.3.
1-, Document G702" _ 1992
Jigti;e
Application and Certificate for Payment
TO OWNER: PROJECT: APPLICATION NO: Distribution to:
PERIOD TO: OAfNER ❑
FROM CONTRACTOR:
VIA ARCHITECT:
CONTRACT FOR:
CONTRACT DATE:
PROJECT NOS:
ARCHITECT ❑
CONTRACTOR ❑
FIELD ❑
OTHER ❑
CONTRACTOR'S APPLICATION FOR PAYMENT
Tile undersigned Contractor certifies that to the hest of the Ctintiaclor's knowledge, infornialion
Application is trade for paylneN, m Ah06'll helot;% Ill Connection will] flu 0111traCL
alul Iviief the Work cm-ered by Ihls Application for Paynilew has been completed In aCtn.11'danc'e
with the. Contract Dacto ienls, that all amounts have been paid by the C:ontrlctor for Work for
Contiuu;uion Sheet, :11:1 Uorunuut G1il ;, is attached.
which previms Certificates for Payment were issued and paynunts nxr ived fmni the Owner, and
1. ORIGINAL CONTRACT SUM ......................... ...............................
$
that current payflient shown herein is now due.
2. Net change by Change Orders .................................................
$
CONTRACTOR:
3. CONTRACT SUM TO DATE (t.hne i ±2) ........... ...............................
$
Ui': Date:
4, TOTAL COMPLETED & STORED TO DATE (Column G on G1103) .............
S -
State of..
-
5. RETAINAGE:
County or:
a, _,I of Completed Will 1,
Subscribed and sworn to before
Woh]rltn D + E on 6703)
nhe thus day of
b. ;i ol'slorrd \•lawli:a
;Column hull G703) C
;Votary Puhlic:
My Cununission expires:
fatal Rctainata (l,incs 5;; 4 51) ur'I'oial ill C'olanllh i of G/Wi...... R
6. TOTAL EARNED LESS RETAINAGE ..... ............................... 1
(Line 4 Less Line 51'olal)
7, LESS PREVIOUS CERTIFICATES FOR PAYMENT ...................... T
0.ino 6 from prior Cmii icate)
9. CURRENT PAYMENT DUE .............. ...............................
9. BALANCE TO FINISH, INCLUDING RETAINAGE —
(I ;lie 3 less f.iae ti} S
FCHANGE01tl)LiR,I'i ?t11fl4ARY ' ADDITibth'S DEDUCTIONS
Total cimuLes approved in previous months by Owner 5 S
[real aj)lnoVcd this MOntil S 5
10TAI.,S S S
NEF( IIANGBSb ) 'C'han1:
ARCHITECT'S CERTIFICATE FOR PAYMENT
In accordance with the Contract Docitnientz, based on on -site ohsewaliom and file daub comprising
this application. tau. Architect certifies io the Owner that to the lies; of the. Architect's knowledge,
information and belief the 14rorit has progressed as indicaletl, file duality ul the Work is -in
;accordance with the Contract Ductntuuts, ;Ind the Contractor is entiilecl to payment of the
ANIOIW CERTIFIED.
AMOUNT CERTIFIED ............................................... ............................... S
fAllrrrlt r.fplauathul i% onraron rerrijicrl iliyi rxJionl rhr,aalowif flpphi(l. Irlifial all.(igrnexall fill.I
Aplrhrarion and on the Confirwation Shed ]fiat arr rhanrrd fu con(anu with flit, anumnl cofried.)
ARCHITECT:
By:
])life:
Ibis C'eilificate is Illn neeoliable. The AMOUNT CGRIIPIED is payable. only Ill the Conhactor
Ironed lwrein, Minince, paynlent and acceptance of Ixnnnent are, witunrt prcjuJice Ili any rights of
the Owner or Cont actor wider this Contract
AIA Document G702lu -1992. Copyright (J 1053, 1963. 1985, 1971, 1978 1983 and 1991 by Thu Amebcan h:stilulo of Architects. Ail rights reserved. WARNING; fl his AfA' Document is plolp.00 by U.S. Copyright Law
amt In ,diounl '1 cal s, Ilrcadl lot imil repanipct4m m dlil,ir,ufion of has A[ A' tirvminrtnt, ,x any pok ion o, it way rfsulI in ;, varrt civet and C rninai 11i11 RN e;, Ind Will L:c pra.x.CLANII to the ri;xiiilum e;L rot
po,.siLh- und:-r Ihr, I:. w. Purchaser are Pori rlied to reproduce ten i 10? copies of ib s doci nenl erllen corngif, I( . I refaort copyright viofelions of AIA Conlraci Documents, e maR T he American Institute of Architects' legal
counsel: oopyriyh!(iiaia org.
Youth Haven, Inc.
2012 CD13G (CD 12 -03)
Safe and Secure Home for Collier Youth
Page 29 of 30
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11/13/2012 Item 16.D.3.
CONTINUATION SHEET IA DOCUMENT G 70 (Instructions (, reverse side) RGE OF YIi, S
ALA Document G ?ti?, APPLICATION AND CERTIFICATE FOR P.kYMEIT. APPLICATION; NO.:
containing Cont:actnr's signets Certincation, is attached. APPLICATION ATE:
In tabulations bclon•, amounts arc stated to the nearest dollar. PERIOD TO:
t:se Column I on Contracts where tariable retainage for line items ma}' ap pli.. A.RCHITKI'S PROJECT �0.:
A
1
C
( D
E
F
G
( H
I I
I
iTE13
. DE:CiYT10� OF WORK
i
I
SCHEDULED
:�! L'E
I WORK COMPLETED
SIATENIALS
PREiE \TLS'
c D
TCRE :,
t.
f \OT lti
; D OR E)
TOTAL
Ct)1!PLETED
l AND STORED
f0 DATE
(DTEaF)
�,.
it, = C,
BAL.4t;CF.
TO
itXi H
IC - Gl
RPTAI \AGE
�, i,.
sir" laR,. A_�t
arc
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FR0�1 Prr ".Ei'i0l'S
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THIS PERIOD
1
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AlA DOCUMENT G703 ' CON- PNUATF :N SHEET F'31: G%02 + T« EDITION * .4.i=' I at92 - T:iE AMERICO L\71 ITUTE 'DF ARCHI.T:CTS, i i S-N, TMR
T INGTO;�, D.C. _' KK • ?S2 • WARNING: Mimed photocopying violates U.S. copyright laws and A sub ect the violator to legal prosecution, G703-1992
�IN1\
CAUTION: You should use an original AIA document which has this caution printed in red, An original assures that changes will not be obscured as may occur when documents are reproduced,
Youth Haven, Inc.
2012 CDBG (CD 12 -03)
Safe and Secure Horne for Collier Youth Page 30 of 30
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11/13/2012 Item 16.D.3.
I Grant # - B- 12 -UC -12 -0016 I
CFDA/CSFA# - 14.218
Subrecipient — The Shelter for Abused
Women and Children
DUNS # - 836680769
FETI # - 59- 2752895
AGREEMENT BFTWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN & CHILDREN
LEGAL SERVICES PROGRAM EXPANSION
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 FL 34112, and the "The Shelter for Abused Women & Children ",
a private not- for - profit corporation existing under the laws of the State of Florida, having its principal office at
P.O. Box 10102, Naples, FL 34101.
WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and
Urban Development (HUD) 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; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
other activities which are related to neighborhood /conununity 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 how it intends to
allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate - income
residents; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FY12 -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 Plan 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
The Shelter for Abused Women and Children.
2012 CDBG (CD 12 -05)
Legal Services Program Expansion Page 1 of 26
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11/13/2012 Item 16.D.3.
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 $144,500 to THE
SHELTER FOR ABUSED WOMEN & CHILDREN for the LEGAL SERVICES PROGRAM
EXPANSION located at P.O. Box 10102, Naples, FL 34101; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with 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 expansion of the Legal Services Program to
continue assisting low -no income emergency shelter and outreach participants in Immokalee and
Naples. These services will provide orders of protection, divorce or separation and spousal or child
support.
The Shelter for Abused Women & Children is partnering with Legal Aid, the State's Attorney's Office,
and Court Administration to provide more readily accessible legal services to victims of domestic
violence in Collier County. The program is designed to both assist victims by providing direct legal
services, as well as increase justice and safety for victims and the community by monitoring the
perpetrators' compliance with all court orders.
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 13th
day of November 13, 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 ONE HUNDRED FORTY -FOUR THOUSAND FIVE
HUNDRED DOLLARS ($144,500) for the use by the SUBRECIPIENT during the Tetra of the Agreement
(hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a
result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds ").
The Shelter for Abused Women and Children.
2012 CDBG (CD 12 -05)
Legal Services Program Expansion Page 2 of 26
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11/13/2012 Item 16.D.3.
The budget identified for the legal services expansion shall be as follows:
Line Item Description
Payment Schedule
CDBG
— Attorney, Legal
Funds
Full Time Attorney from Legal Aid Office (contract)
Upon monthly invoicing and allowable
Legal Services Supervisor and
Contract Salary
$
55,000
Taxes
$
4,208
Full Time Legal Advocate /Compliance Officer (100 %)
Shelter employee
Salary
$
33,333
Benefits
$
4,000
Taxes
$
2,550
Legal Services Supervisor (75 %) Shelter employee
Salary
$
33,750
Benefits
$
5,415
Taxes
$
2,580
Director of Programs (5 %) Shelter employee
Salary
$
3,664
TOTAL
$144,500
All services specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon ,.,...
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT 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, Florida Statutes., otherwise known as the "Local Government Prompt
Payment Act." No payment will be made until approved by HHVS.
The following table details the project deliverables and payment schedule:
Deliverable
Payment Schedule
Employment of legal services staff
— Attorney, Legal
Advocate /Compliance Officer,
Upon monthly invoicing and allowable
Legal Services Supervisor and
expenses
Director of Programs
Minimum of 1,250 tow income
Final 10% ($14,450) released upon
participants will be served
documentation of 1,250 participants served
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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 electroiuc 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
SUBRECIPIENT ATTENTION: Nicole Muley, Development & Grants Officer
The Shelter for Abused Women & Children
P.O. Box 10102
Naples, FL 34101
V. ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY
and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production
of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions
of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination
shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole
discretion and judgment, that the Funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look -to, nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and /or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
VI. GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community
Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the
SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604
and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable
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Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times
remain an "independent contractor" with respect to the services to be performed under this Agreement. The
Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or
medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent
contractor.
D. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its
obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to
end date of this agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of
this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee
and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time
period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days
and modify any subsequent project work plans to reflect the extension. The request must be submitted no later
than ninety (90) days prior to end date of the Agreement.
E. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses,
costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors,
patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of
the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indeirmihed party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination and /or expiration of this Agreement. This section does not pertain to any incident
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arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the Iimits set forth in Section 768.28, Florida Statutes.
F. GRANTEE RECOGNITION /SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports and similar public notices prepared and
released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement:
°FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
G. TERMINATION
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 HUD guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in
any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the
Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a
partial termination, the Grantee determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
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VII. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to
any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any
funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's
obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary.
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 SUBRECIPIENT 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 of 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 determines appropriate; or
b. If not used in accordance with the above subsection (a) the SUBRECIPIENT 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 for the acquisition of or improvements to, the
property. No payment is required after the period of time specified in subsection (a).
VIII. INSURANCE
SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all
insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506
to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable
laws and regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
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 SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
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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 HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for four (4) years after expiration of this Agreement
with the following exception: if any litigation, claim or audit is started before the expiration date
of the four (4) year period, the records will be maintained until all litigation, claim or audit
findings involving these records are resolved. The COUNTY shall be informed in writing if an
agency ceases to exist after closeout of this Agreement of the address where the records are to be
kept as outlined in 24 CFR-85.42,..
4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law,
including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and
administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, the
SUBRECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD Income
Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and appropriate determinations
as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries,
where applicable.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports required by
this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed
necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15`"
day of January, April, July and October respectively for the prior quarter period end. As part of the report
submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the
agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data
on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an
example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or their designee in the event of Program changes; the need for additional
information or documentation arises; and /or legislative amendments are enacted. Reports and /or requested
documentation not received by the due date shall be considered delinquent and may be cause for default and
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termination of this Agreement.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the
COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the
activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in 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 $
Quotes
Under $3K
No Quote Required
Above $3K to $10K
3 Written Quotes
Above $1 OK to $5OK
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid QFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its representatives) may
deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data
relating to all matters covered by the Agreement for review, inspection or audit.
G. PROGRAM - GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any
activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the
SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program.
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H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: malting final payments,
disposing of program assets (including the return of all unused materials, equipment, program income balances,
and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the
records retention outlined in Section X.B.3, the SUBRECCPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement on the basis of race, color,
disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,
the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or owned
in substantial part by persons residing in the project areas shall be awarded contracts in connection with the
project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of
1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in
section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty -one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking,
Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians. The
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be
low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this
Agreement must reside in unincorporated Collier County or in municipalities participating in the County's
Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement.
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D. AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966, The COUNTY shall provide Affirmative Action guidelines to
the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the
Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this
Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the
SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall
be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so
as not to unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate - income residents of the project target area.
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 570.2000). The SUBRECIPIENT shall comply
with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the basis of religion
and will not limit employment or give preference in employment to persons on the basis of religion
b. It will not discriminate against any person applying for public services on the basis of religion and
will not limit such services or give preference to persons on the basis of religion
c. It will retain its independence from Federal, State and local governments and may continue to carry
out its mission, including the definition, practice and expression of its religious beliefs, provided that
it does not use direct CDBG funds to support any inherently religious activities, such as worship,
religious instruction or proselytizing
d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is used for
both eligible and inherently religious activities, CDBG funds may not exceed the cost of those
portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to CDBG funds in this part.
Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal
place of worship, however, are ineligible for CDBG funded improvements.
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XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an. authorized person
or agent, hereunder set their hands and seals on this 13th day of November, 2012,
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
Dated:
(SEAL)
By-
FRED W. COYLE, CHAIRMAN
THE SHELTER FOR ABUSED WOMEN & CHILDREN
LINDA OBERHAUS
Linda Oberhaus, Executive Director
Approved as to form and legal sufficiency:
Jennifer B. White``
Assistant County Attorney
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEENT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
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OPERATION /MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and /or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not Iess that $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: The Shelter for Abused Women & Children
Sub recipient Address: P.O. Box 10102, Naples, FL 34101
Project Name: Legal Services Program Expansion
Project No: CD 12 -05 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)
$ $144,500
$
$
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
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EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies,
lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against
any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida
Statutes Chapter 713.02 Part I — Waiver or Release of Liens.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request
for Payment.
Witness:
BY:
Print name and title
STATE OF
COUNTY OF
The Shelter for Abused Women & Children
BY:
ITS: Executive Director
DATE:
The foregoing instrument was acknowledged before me this day of , 20_, by
as of
A Choose Not - For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
The Shelter for Abused Women and Children.
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Project Title:
Alternate
Program Contact: INICOWIM uley Contact:iVlar�i Sanders
Telephone Number: (2*178 -3862
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11/13/2012 Item 16.D.3.
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? q .;
b.
... now has improved access to this service or benefit? 0 ;°
C.
...now receive a service or benefit that is no longer substandard? 0
TOTAL: 0
4.
What funding sources are applied forahis periodl program .. ear ?.
Section 108 Loan Guarantee
HOPWA
Other Consolidated Plan Funds
CDBG
wo
Other Federal Funds
ESG
State / Local Funds
_ HOME
Total
$ Entitlement
$
Total Other Funds
- Funds
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EXHIBIT "D"
r
Benefit categories. Complete question #8 if any client in your program does not fall into a Presumed Benefit category.
.,
7. JPRESUMEDBENEFICIARY DATA S: .
OTHER.BENEFiC1ARY'DATA: NCOME 'RANGE
6.
What is the total number of UNDUPLICATED
clients served this uarter, if a ilcabie?
-
a.
Total No. of adult females served: D ..
Total No. of females served under 18:
b.
Total No. of adult males served: 0 =[
'Total No. of males served under 18:
502.
0 Homeless Person
TOTAL: 0
TOTAL:
0
C.
Total No, of families served: D :
Total No. of female head of household:
0
6.
What is the total number of UNDUP.LICIATED clients served:oince October, If a iicable?
0 Chronically/ Mentally ill
a.
Total number of adult females served D ;; Total number of females served under 18:
0
b.
Total number of adult males served: ..._,,., D..;,,.,,..,;'Total
number of males served under 18:
S. Racial & Ethnic 'Data. `- (if.a p {icable)
TOTAL: 0
TOTAL:
0
C.
Total No. of families served: Q,
Total No, of female head of household:
ETHNICITY
Complete EITHER question #7 OR #e. Complete question #7 if your program oniv serves clients In one or more of the listed HUD Presumed
Benefit categories. Complete question #8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8,
7. JPRESUMEDBENEFICIARY DATA S: .
OTHER.BENEFiC1ARY'DATA: NCOME 'RANGE
Indicate the total number of UNDUPLICATED
Indicate the total number of persons
persons served since October 1 who fall Into
served since October 7 who fall into each income
who Into each
each presumed benefit category (the total
category (the total should equal the total in question #6)
should equal the total in question #6) :
Report as:
Report as:
D Abused Children
0 .. Extremely low Income (0-30%)
0 Homeless Person
D - Low Income (31 -50 %)
0 Battered Spouses
0 Moderate Income (51 -80 %)
0 Persons w/ HIV /AIDS
;:. 0 ,':Above Moderate Income ( >80 %)
0 Elderly Persons
0 4i Veterans.4.
0 Chronically/ Mentally ill
D .....: Physically Disabled Adults
0 Other -Youth
TOTAL: 0 TOTAL:
0
S. Racial & Ethnic 'Data. `- (if.a p {icable)
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE
ETHNICITY
White
; ; of whom, how many are Hispanic?
Black/African American O
0 ; of whom, how many are Hispanic?
Asian 0 ...
0 ; of whom, how many are Hispanic?
American Indian /Alaska Native D ;'
0 ';; of whom, how many are Hispanic?
Native Hawaiian /Other Pacific Islander 0.; -
0 `; of whom, how many are Hispanic?
American Indian /Alaskan Native & White 0
0 ".; of whom, how many are Hispanic?
_
Black/African American & White P, : '
D `; of whom, how many are Hispanic?
Am. Indian /Alaska Native & Black/African Am t} `
D '; of whom, how many are Hispanic?
Other Multi- racial 0
D ,' : of whom, how many are Hispanic?
Other 0 :!
0 ; of whom, how many are Hispanic?
TOTAL: 0
0 TOTAL HISPANIC
Name:
Title:
The Shelter for Abused Women and Children.
2012 CDBG (CD 12 -05)
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Signature:
Your typed name here represents your electronic
signature
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11/13/2012 Item 16.D.3.
EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A -133 Audits of States, Local Governments, and Non - Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department.to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and .whether they, are in
compliance with federal laws and regulations.: Accordingly, we are requiring That you check one of the
following, provide all appropriate..documentation .regarding your, organization's compliance with the audit .
requirements, sign and date this form.
Sub recipient
The Shelter for Abused Women &
Fiscal Year
July 2011
Name
Children
Period
-
Total State Financial Assistance Expended. during
most recently completed Fiscal Year.
Total Federal Financial Assistance Expended during most
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
indicated above and expect to complete our Circular A -133 audit by . Within
X
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.
IT TMUM S Weft: 11VLVU, IGSiAG Gfllllu*0 a %,VFY vi Inc Ica vua�a c.u.. vv••.....•... »...•. •• • »•••
Certification Statement
I hereby certify that the above information is true and accurate.
[Signature 1 Date
Print Name and Title
The Shelter for Abused Women and Children.
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EXHIBIT "F"
LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block
Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and
12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and
as supplemented in Department of Labor regulations.
7. Title VIl of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42
USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed
by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer.
8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act e,
of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance
provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subject the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub - recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low - income
residents of the project area, and that contracts for work in connection with the project
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11/13/2012 Item 16.D.3.
be awarded to business concerns that provide economic opportunities for low- and very
low - income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project are given to low- and very low -
income persons residing within the metropolitan area in which the CDBG- funded project is located;
where feasible, priority should be given to low- and very low- income persons within the service area of
the project or the neighborhood in which the project is located, and to low- and very low - income
participants in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing
construction, or other public construction project to business concerns that provide economic
opportunities for low- and very low- income persons residing within the metropolitan area in which the
CDBG - funded project is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low- income residents within the service area or the
neighborhood in which the project is located, and to low- and very low - income participants in other
HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
12. The Americans with Disabilities Act of 1990
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form
4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR
135.11(c)).
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 -
which prescribes goal percentages for participation of minority businesses in Community Development
Block Grant Contracts.
17. The SUBRECIPIENT agrees to comply with the non- discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable.
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18, Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections:
• Subpart A — General;
• Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance;
Subpart C — Post -Award Requirements, except for:
• Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
• Section 84.23, 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 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow
570.505;
• Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following
applies:
• In all cases in which equipment is sold, the proceeds shall be program income (pro-
rated to reflect the extent to which CDBG funds were used to acquire the equipment);
and
• Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
• Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance;
• 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 84.61, CDBG SUBRECIPIENTs
shall comply with 570.503(b)(7); and
• Subpart D — After -the -Award Requirements —except for 84.71, Closeout Procedures
20.24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach
of this agreement, and the County shall have the discretion to unilaterally terminate this agreement
immediately.
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22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly
or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and
County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. Any situations when negotiations, litigation and /or mediation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under §
44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in
state court and the US District Court, 20�' Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
25. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24
CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified
by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and /or reduce the cost of said flood insurance.
27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance
provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at
24 CFR 570.608, Subpart K.
28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this agreement.
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In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a federal, state or
local historic property list.
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 from participation in this transaction by any
Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.
31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
States, local uovernments, and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non - Profit Organizations follow:
• A -122 for Cost Principles
• A -110 for Administrative Requirements
32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days
after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves
the right to recover any disallowed costs identified in an audit after such closeout.
33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG
including, but not limited to, the provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of
$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes.
35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
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Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or, attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents
for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and
cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in
effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38. Florida Statutes 713.20, Part 1, Construction Liens
39. Florida Statutes 119.021 Records Retention
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Grant # - B- 12 -UC -12 -0016
CFDA/CSFA# - 14.218
Subreci ient — City of Naples
DUNS # - 084130293
FETI # - 59- 60000382
AGREEMENT BETWEEN COLLIER COUNTY
AND
CITY OF NAPLES
LAND ACQUISITION
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 FL 34112, and the "City of Naples ", a municipality existing under
the laws of the State of Florida, having its principal office at 735 8th Street South, Naples, FL 34102 -1401.
WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and
Urban Development (HUD) grant program Community Development Block Grant Program funds and the
COUNTY expects to continue to receive entitlement funds from these grant programs to operate the
COUNTY's housing and community development activities; and
WHEREAS, 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; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
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 how it intends to
allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate - income
residents; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FYI 2-13 for the CDBG Program for July 24,
2012, Agenda Item 411.E.; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan 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 $105,835 to CITY OF
NAPLES, a municipality, for land acquisition of a parcel of land located at 1202 5th Avenue North, Naples, FL
34102, Naples, FL 34112; and
City of Naples
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NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with 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 outlined as follows:
The FY2012 -2013 Action Plan identifies and approves this project as the acquisition
of a vacant parcel of property within the City's Community Redevelopment Area
(CRA) near the River Park Community Center on 5t" Avenue North at the entrance
to the FPL Substation.
The project is to acquire an undeveloped and vacant urban parcel of property, Parcel
Number 19060560005 according to the Collier County Property Appraiser's records.
The parcel is physically located at 1202 5th Avenue North, Naples, FL 34102. Once
acquired, the property will be used as open space preservation, overflow parking and
landscaping enhancements.
The parcel is located within Naples SMSA — Census Tract 7, Block Group 1. The
residents within the Block Group are identified as low and moderate income and the
area is considered a Low /Moderate Area (LMA).
CDBG funds awarded will cover associated costs in connection with the land
acquisition. Additional costs above the award amount, if any, will be at the City's
expense.
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 13'h 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 ONE HUNDRED FIVE THOUSAND EIGHT HUNDRED
THIRTY FIVE DOLLARS ($105,835) for the use by the SUBRECIPIENT for land acquisition during the
Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional
amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the
"Funds "). The SUBRECIPIENT project budget shall be as follows:
City of Naples
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Line Item Description
CDBG
Funds
Land Acquisition and associated costs
$ 105,835
TOTAL
S 105,835
All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT 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, Florida Statutes., otherwise known as the "Local Government Prompt
Payment Act." No payment will be made until approved by HHVS.
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Land Acquisition of a
Upon invoicing will reimburse
parcel
allowable expenses supported by
documentation including but not limited
to HUD Settlement Statement
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
SUBRECIPIENT ATTENTION: Greg Givens, Grant Coordinator
City of Naples
735 8th Street South
Naples, FL 34102 -6796
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V. ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY
and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production
of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions
of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination
shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole
discretion and judgment, that the Funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and /or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
VI. GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community
Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the
SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604
and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable
Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times
remain an "independent contractor" with respect to the services to be performed under this Agreement. The
Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or
medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent
contractor.
D. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its
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obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to
end date of this agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of
this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee
and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time
period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days
and modify any subsequent project work plans to reflect the extension. The request must be submitted no later
than ninety (90) days prior to end date of this agreement.
E. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses,
costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors,
patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of
the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall A
survive the termination and /or expiration of this Agreement. This section does not pertain to any incident
arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
F. GRANTEE RECOGNITION /SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports and similar public notices prepared and
released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
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G. TERMINATION
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 HUD guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in
any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the
Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a
partial termination, the Grantee determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
VII. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to
any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any
funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's
obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary.
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 SUBRECIPIENT 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 of 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 determines appropriate; or
b. If not used in accordance with the above subsection (a) the SUBRECIPIENT 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 for the acquisition of or improvements to, the
property. No payment is required after the period of time specified in subsection (a).
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VIII. INSURANCE
SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all
insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506
to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable
laws and regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
1. All records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
shall be maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this Agreement.
3. Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for four (4) years after expiration of this Agreement
with the following exception: if any litigation, claim or audit is started before the expiration date
of the four (4) year period, the records will be maintained until all litigation, claim or audit
findings involving these records are resolved. The COUNTY shall be informed in writing if an
agency ceases to exist after closeout of this Agreement of the address where the records are to be
kept as outlined in 24 CFR 85.42.
4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law,
including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and
administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, the
SUBRECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
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5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD Income
Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and appropriate determinations
as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries,
where applicable.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports required by
this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed
necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15"'
day of January, April, July and October respectively for the prior quarter period end. As part of the report
submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the
agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data
on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an
example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or their designee in the event of Program changes; the need for additional
information or documentation arises; and /or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the
COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the
activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as detennined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
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11/13/2012 Item 16.D.3.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown`
below. Should there be a conflict; the Purchasing Policy Thresholds will prevail.
Dollar Range $
Quotes
Under $3K
No Quote Required
Above $3K to $1OK
3 Written Quotes
Above $1 OK to $5OK
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid (IFB
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and /or its representatives) may
deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data
relating to all matters covered by the Agreement for review, inspection or audit.
G. PROGRAM - GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any
activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the
SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program.
H. GRANT CLOSEOUT PROCEDURES - k,
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final payments,
disposing of program assets (including the return of all unused materials, equipment, unspent cash advances,
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 SUBRECIPIENT shall comply with
Section 119.021 Florida Statutes regarding records maintenance, preservation and retention.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement on the basis of race, color,
disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,
the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or owned
in substantial part by persons residing in the project areas shall be awarded contracts in connection with the
project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of
1968.
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B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in
section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking,
Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians. The
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be
low - and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this
Agreement must reside in unincorporated Collier County or in municipalities participating in the County's
Urban County Qualification Program.
D. AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY'S
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966, The COUNTY shall provide Affirmative Action guidelines to
the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the
Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this
Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the
SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall
be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so
as not to unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate- income residents of the project target area.
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XL 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 570.2000). The SUBRECIPIENT shall comply
with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the basis of religion
and will not limit employment or give preference in employment to persons on the basis of religion
b. It will not discriminate against any person applying for public services on the basis of religion and
will not limit such services or give preference to persons on the basis of religion
c. It will retain its independence from Federal, State and local governments and may continue to carry
out its mission, including the definition, practice and expression of its religious beliefs, provided that
it does not use direct CDBG funds to support any inherently religious activities, such as worship,
religious instruction or proselytizing
d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is used for
both eligible and inherently religious activities, CDBG funds may not exceed the cost of those
portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to CDBG funds in this part.
Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal
place of worship, however, are ineligible for CDBG funded improvements.
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2012 CDBG (CD 12 -01)
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XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person
or agent, hereunder set their hands and seals on this 13th day of November, 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Dated:
(SEAL)
ATTEST:
PATRICIA L. RAMBOSK, CLERK
Dated:
(SEAL)
City of Naples
2012 CDBG (CD 12 -01)
Vacant Land Acquisition
CITY OF NAPLES, A MUNICIPALITY
Bv:
Honorable John Sorey, III
John Sorey, III; Mayor
Approved as to form and legal sufficiency:
�r-
Jennifer B. White, Assistant County Attorney
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2, Commercial General Liability including products and completed operations insurance in the
arnount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
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OPERATION /MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and /or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less that $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
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11/13/2012 Item 16.D.3.
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REOUEST FOR PAYMENT
Sub recipient Name: CihJ of Naples
Sub recipient Address: 735 8t1' Street, Naples, FL 341.03
Project Name: Land Acquisition
Project No: CD 12 -01 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
$ $105,835
$
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
City of Naples
2012 CDBG (CD 12 -01)
Vacant Land Acquisition
(approval authority under $14,999)
(approval required $15,000 and above)
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EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies,
lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against
any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida
Statutes Chapter 713,02 Part 1 – Waiver or Release of Liens
This Release and Affidavit is given in connection with the SUBRECIPIENT's (montl-dy/final) Request
for Payment.
Witness:
Print name and title
STATE OF
COUNTY OF
CITY OF NAPLES
I
ITS: Executive Director
DATE:
The foregoing instrument was acknowledged before me this day of , 20 —, by
as of
A Choose Not - For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires: _
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
City of Naples
2012 CDBG (CD 12 -01)
Vacant Land Acquisition
Notary Public, State of.
Commission No.:
Page 16 of 26
Packet Page -2160-
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub - recipients: Please fill in the following shaded areas of the report
Agency Name:
Project Title:
Program Contact:
Telephone Number:
11/13/2012 Item 16.D.3.
Date:
Alternate
Contact:
1
e
2.
Yes 13
City of Naples
2012 CDBG (CD 12 -01)
Vacant Land Acquisition
No 17
Page 17 of 26
Packet Page -2161-
11/13/2012 Item 16.D.3.
If no
3. Since October 1, 2012, of the persons assisted how many.... - -- -
Section 108 Loan Guarantee
Other Consolidated Plan Funds
Other Federal Funds
State / Local Funds
Total Other Funds
Cite of Naples
2012 CDBG (CD 12 -01)
Vacant t,and Acquisition
S
Page 18 of 26
Packet Page -2162-
HOPWA
CDBG
ESG
HOME
Total
Entitlement $
Funds -
UARTE:
5. )What is the total number of UNDUPLtCI
A. Total No, of adult females served 0
b. Total No. of adult males served
TOTAL: 0
C. Total No of families
8, iti tis the total
EXHIBIT "D"
No. of females served under 18:
No. of males served under 18:
TOTAL: 0
household: =�.0
11/13/2012 Item 16.D.3.
t Total number of adult females served Y fl Total number of females served under 18. b
b. Total number of adult males served :,. Q Total number of males served under 18'
TOTAL: 0
TOTAL: 0
C, Total No. of families served = -0 Total No. X iamah head of household: 0
Complete EITHER question N7 OR #a. Complete question N7 lt your program onIv serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question #0 if any chant in your program does not fail into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND S.
• 7. PRESUMED BENEFICIARY DATA 8.
OTHER'. BENEFICIARY DATA.INCOME RANGE "r
Indicate the total number of UNDUPi ICAT n
Indicate the total number of rrND rp_ L f1Fn persons
persons served since October 1 who fell into
served since October 1 who fall Into each income
each presumed benefit category (the total
category (the total should equal the total in question #6) :
should equal the total in question #8) :
Report as:
Report as:
Q :Abused CNdren
U =Extremely low Intone (0 -301/6)
0 Homeless Person
fl ':Low Income (31 -50°h)
0 :Battered Spouses
Q .Moderate Income (51 -501%)
D `Persons wt I-9V/AIDS
' t1 ;Above Moderate Income ( >8D%)
EI ary Persons
i! 0tVeterans
-.Q ....,F, Ctuonicely/ Mentaly ip
Physically Disabled Adults
0..: 01her -Youth
TOTAL: 0 TOTAL:
0
9. RaeialBEfhnieData:: ?:(ifa plicatide)- '
Please indicate how many U- Nit UIPLICATED clients
served since October fall into each race category. In addition
to each race category, please indicate how marry
persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE
ETHNICITY
of whom, how many are Hispanic?
81--k/African
of whom, how many we Hispanic?
Asian Q_ ..-
'�' Q ; of whom, how many are Hispanic?
American IndiarVAlaske Native " Q
z� <; of whom, haw many are Hispanic?
Native HawaharVOther Pacific Islander; r p
`; fl a; of whom, how many are Hispanic?
American Indian/Alaskan Native & WMfe � d
`: 0 - ; of whom, how many are Hispanic?
BlacktAfrican American & While `Q
-: 0 z; of whom, how marry are Hispanic?
Am, Indian/Alaska Native & Black/African Am ' ° 1)
0 ; of whom, how many are Hispanic?
Other Mull�racral _
-�,D -;of whom, how many are Hispanic?
Other 'j, A,
0 �(; of whom, how many are Hispanic?
TOTAL: 0
0 TOTAL HISPANIC
Name:
Title:
City of Naples
2012 CDBG (CD 12 -01)
Vacant Land Acquisition
Signature:
Your typed name here represents your a ronr-
signature
Page 19 of 26
Packet Page -2163-
11/13/2012 Item 16.D.3.
EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
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
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 were noted, please enclose a copy of the responses and corrective action an.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
City of Naples
2012 CDBG (CD 12 -01)
Vacant Land Acquisition Page 20 of 26
Packet Page -2164-
11/13/2012 Item 16.D.3.
EXHIBIT "F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block
Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and
12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and
as supplemented in Department of Labor regulations.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42
USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed
by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer.
8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance
provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subject the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub - recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 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 lore- income
residents of the project area, and that contracts for work in connection with the project
City of Naples
2012 CDBG (CD 12 -01)
Vacant Land Acquisition Page 21 of 26
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11/13/2012 Item 16.D.3.
be awarded to business concerns that provide economic opportunities for low- and very
low - income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project are given to low- and very low -
income persons residing within the metropolitan area in which the CDBG- funded project is located;
where feasible, priority should be given to low- and very low - income persons within the service area of
the project or the neighborhood in which the project is located, and to low- and very low - income
participants in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing
construction, or other public construction project to business concerns that provide economic
opportunities for low- and very low- income persons residing within the metropolitan area in which the
CDBG - funded project is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low - income residents within the service area or the
neighborhood in which the project is located, and to low- and very low- income participants in other
HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
12. The Americans with Disabilities Act of 1990
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form
4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR
13 5,11(c)).
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 -
which prescribes goal percentages for participation of minority businesses in Community Development
Block Grant Contracts.
17. The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable.
City of Naples
20I2 CDBG (CD 12 -01)
Vacant Land Acquisition Page 22 of 26
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11/13/2012 Item 16.D.3.
18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: A.
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 SUBRECIPIENTs;
• Section 84.23, 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 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow
570.505;
• Section 84.34(8), Equipment — In lieu of the disposition provisions of 84.34(g) the following
applies:
• In all cases in which equipment is sold, the proceeds shall be program income (pro-
rated to reflect the extent to which CDBG funds were used to acquire the equipment);
and
• Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
• Section 84.51(b), (c), (d), (e), (i) and (h), Monitoring and Reporting Program Performance;
aSection 84 52, Financial Re o i g;
• 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 84.6I, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs
shall comply with 570.503(b)(7); and
• Subpart D — After -the -Award Requirements —except for 84.71, Closeout Procedures
20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach
of this agreement, and the County shall have the discretion to unilaterally terminate this agreement
immediately.
22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly
or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in
City of Naples
2012 CDBG (CD 12 -01)
Vacant Land Acquisition Page 23 of 26
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11/13/2012 Item 16.D.3.
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and
County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by
representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under §
44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in
state court and the US District Court, 20t1i Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
25. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24
CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified
by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and /or reduce the cost of said flood insurance.
27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance
provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at
24 CFR 570.608, Subpart K.
28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a federal, state or
local historic property list.
City of Naples
2012 CDBG (CD 12 -01)
Vacant Land Acquisition Page 24 of 26
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11/13/2012 Item 16.D.3.
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 from participation in this transaction by any
Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.
31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
States, local governments, and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non - Profit Organizations follow:
• A -122 for Cost Principles
• A -110 for Administrative Requirements
32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days
after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves
the right to recover any disallowed costs identified in an audit after such closeout.
33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG
including, but not limited to, the provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of
$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes.
35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
City of Naples
2012 CDBG (CD 12 -01)
Vacant Land Acquisition Page 25 of 26
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11/13/2012 Item 16.D.3.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, `Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents
for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and
cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in
effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38. Florida Statutes 713.20, Part 1, Construction Liens
39, Florida Statutes, 119.021 Records Retention
City of Naples
2012 CDBG (CD 12 -01)
Vacant Land Acquisition Page 26 of 26
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11/13/2012 Item 16.D.3.
Grant # - B- 12 -UC -12 -0016
CFDA /CSFA# - 14.218
Subreci ient — David Lawrence Center
DUNS # - 096580782
FETI # - 59- 2206025
AGREEMENT BETWEEN COLLIER COUNTY
AND
DAVID LAWRENCE CENTER
ACCESS 2 WELLNESS
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 FL 34112, and the "David Lawrence Mental Health Center, Inc.,
d /b /a David Lawrence Center ", a private not - far -profit corporation existing under the laws of the State of
Florida, having its principal office at 6075 Bathey Lane, Naples, FL 34116
WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and
Urban Development (HUD) grant program Community Development Block Grant Program funds and the
COUNTY expects to continue to receive entitlement funds from these grant programs to operate the
COUNTY's housing and community development activities; and
WHEREAS, 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; to
improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and
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 how it intends to
allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate- income
residents; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 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 Plan concerning
the preparation of the One -Year Action Plan, the County held public meetings, receiving citizens' comments
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 FY 12 -13 providing CDBG funds in the amount of $180,000 to David
Lawrence Center to provide health and mental services to be located at 6025 Bathey Lane; and
David Lawrence Center
2012 CDBG (CD 12-02)
Access 2 wellness
Page I of 29
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NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with 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 outlined as follows:
Access 2 Wellness Project
The FY2012 -2013 Action Plan identifies and approves an Access 2 Wellness project that provides
access to intensive, residential care for adults with significant substance abuse problems. The project
enhances traditional residential care by adding access to on -site wellness services and facilities.
The program will support hiring a Clinician and Licensed Practical Nurse to provide intensive,
residential care for adults. The Program will expand the level of professional services to support an
expansion of the bed capacity to thirty (30) low and moderate income individuals during the funding
year.
Outdoor Recreation Center
In addition, the David Lawrence Center (DLC) will construct an Outdoor Recreation Center for patients
to help facilitate optimal wellness in addition to the clinical rehabilitation. One hundred ninety -eight
(198) participants will be served once the recreation center is complete.
The detailed project scope will be contained in the schedule of values awarded in the project's
construction contract. The project construction contract will include details sufficient to document the
number, amount and costs associated with all activities.
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 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 ONE HUNDRED EIGHTY THOUSAND DOLLARS
($180,000) 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 "). The SUBRECIPIENT project budget shall
be as follows:
David Lawrence Center
2012 CDBG (CD 12-02)
Access 2 Wellness Page 2 of 29
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11/13/2012 Item 16.D.3.
Line Item Description
CDBG
Funds
Salaries (No benefit or taxes):
Licensed Clinician
Licensed Practical Nurse
$ 40,000
$ 37,500
Construction — Outdoor recreation center for court games
$100,000
Exercise Supplies or Equipment
$ 2,500
TOTAL
$180,000
All improvements shall be performed by SUBRECIPIENT employees, or shall be put out to competitive
bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall
enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration
shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and
documents related to the project.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT 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, Florida Statutes., otherwise known as the "Local Government Prompt
Payment Act." No payment will be made until approved by HHVS.
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Upon monthly invoicing of allowable
expenses. Final 10% ($7,750) released
Employment of Licensed Clinician and
upon documentation of 30 participants in
Licensed Practical Nurse
the treatment program and 198
participants in the Access 2 Wellness
Program
Submission of monthly invoices on AIA
G702 -1992 form (attached as Exhibit "H ")
or equivalent document per contractor's
Recreation Center Construction
Schedule of Values. Supporting
documents must be provided as back up.
Final 10% ($10,000) released upon
Certificate of Completion and final waiver
of lien from general contractor.
Purchase of Exercise Supplies or
Upon invoices of allowable expenses after
Equipment I
purchase
David Lawrence Center
2012 CDBG (CD 12-02)
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11/13/2012 Item 16.D.3.
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: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
SUBRECIPIENT ATTENTION; Scott Geltemeyer, Chief Financial Officer
David Lawrence Center
6025 Bathey Lane
Naples, FL 34116
V. ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY
and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production
of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions
of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination
shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole
discretion and judgment, that the Funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and /or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
VI. GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community
Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the
SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604
and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable
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Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times
remain an "independent contractor" with respect to the services to be performed under this Agreement. The
Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or
medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent
contractor.
D. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its
obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to
end date of this agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of
this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee
and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time
period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days
and modify any subsequent project work plans to reflect the extension. The request must be submitted no later
than ninety (90) days prior to the end date of this agreement.
E. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses,
costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors,
patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of
the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination and /or expiration of this Agreement. This section does not pertain to any incident
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arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes,
F. GRANTEE RECOGNITION /SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports and similar public notices prepared and
released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
G. TERMINATION
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 HUD guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in
any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the
Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a
partial termination, the Grantee determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
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VII. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to
any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any
funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's
obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary.
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 SUBRECIPIENT 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 of 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 determines appropriate; or
b. If not used in accordance with the above subsection (a) the SUBRECIPIENT 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 for the acquisition of or improvements to, the
property. No payment is required after the period of time specified in subsection (a).
VIII. INSURANCE
SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all
insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506
to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable
laws and regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
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 SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
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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.
Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for four (4) years after expiration of this Agreement
with the following exception: if any litigation, claim or audit is started before the expiration date
of the four (4) year period, the records will be maintained until all litigation, claim or audit
findings involving these records are resolved. The COUNTY shall be informed in writing if an
agency ceases to exist after closeout of this Agreement of the address where the records are to be
kept as outlined in 24 CFR 85.42,
4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law,
including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and
administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, the
SUBRECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD Income
Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and appropriate determinations
as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries,
where applicable.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports required by
this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed
necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15`l'
day of January, April, July and October respectively for the prior quarter period end. As part of the report
submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the
agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data
on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an
example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or their designee in the event of Program changes; the need for additional
information or documentation arises; and /or legislative amendments are enacted. Reports and /or requested
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documentation not received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to theloW
COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. l,., _,,�`
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the
activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in 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
Quotes
Under $3K
No Quote Required
Above $3K to $10K
3 Written Quotes
Above $I OK to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid (IFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and /or its representatives) may
deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data
relating to all matters covered by the Agreement for review, inspection or audit.
G. PROGRAM - GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any
activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the
SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program.
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H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final payments,
disposing of program assets (including the return of all unused materials, equipment, program income balances,
and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the
records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement on the basis of race, color,
disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,
the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or owned
in substantial part by persons residing in the project areas shall be awarded contracts in connection with the
project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of
1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the perfonmance of this
contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in
section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking,
Spanish surnamed or Spanish - heritage Americans, Asian- Americans, and American Indians. The
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be
low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this
Agreement must reside in unincorporated Collier County or in municipalities participating in the County's
Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period
in this Agreement.
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D. AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to
the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the
Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this
Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the
SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall
be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so
as not to unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate - income residents of the project target area.
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 570.2000). The SUBRECIPIENT shall comply
with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the basis of religion
and will not limit employment or give preference in employment to persons on the basis of religion
b. It will not discriminate against any person applying for public services on the basis of religion and
will not limit such services or give preference to persons on the basis of religion
c. It will retain its independence from Federal, State and local governments and may continue to carry
out its mission, including the definition, practice and expression of its religious beliefs, provided that
it does not use direct CDBG funds to support any inherently religious activities, such as worship,
religious instruction or proselytizing
d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is used for
both eligible and inherently religious activities, CDBG funds may not exceed the cost of those
portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to CDBG funds in this part.
Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal
place of worship, however, are ineligible for CDBG funded improvements.
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XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person
or agent, hereunder set their hands and seals on this 13th day of November, 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHT E. BROCK, CLERK COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Dated:
(SEAL)
DAVID LAWRENCE MENTAL HEALTH CENTER, INC.,
d/b /a DAVID LAWRENCE CENTER
Rv:
David Schimmel
David Schimmel CEO
Type /print SUBRECIPIENT name and title
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificates) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in I — 4 above, the SUBRECIPEENT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
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OPERATION /MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and /or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability. including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less that $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: David Lawrence Center
Sub recipient Address: 6025 Bathey Lane
Project Name: Access 2 Wellness Project No: CD 12-05
Payment. Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ $180,000
2. Sum of Past Claims Paid on this Account
�. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under $14,999)
Dept Director (approval required $15,000 and above)
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EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies,
lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against
any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida
Statutes Chapter 713.02 Part 1 — Waiver or Release of Liens.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request
for Payment.
DAVID LAWRENCE CENTER
Witness:
Print name and title
STATE OF
COUNTY OF
BY:
ITS: CEO
DATE:
The foregoing instrument was acknowledged before me this day of , 20_, by
as of
A Choose Not - For - Profit, or Corporation or Municipality on behalf of
Choose Not - Far - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires: _
(Signature)
(AFFIX OFFICIAL SEAL)
David Lawrence Center
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Access 2 Wellness
Name: _
(Legibly Printed)
Notary Public, State of:
Commission No.:
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Project Title:
Program Contact: Pamela Baker
Telephone Number: (239 };455.1350D
11/13/2012 Item 16.D.3.
Date:
Alternate
Contact:
"REPORT FOR QUARTER ENDING: (check one that applies to the ❑
corresponding grant period): 12131112 03/31!13 06130/13 09/30/13
Please take note: The CDBG /HOME /ESG Program year begins October 1, 2012 - September 30, 2013. Each quarterly report needs to include
cumulative data beginninq from the start of the proqram year November 13, 2012.
1
Please.list the outcome goal($} from your approved,appllcation & sub- recipient agreement and indicate your progress in meeting
those oaks since November 13,'2012.
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too
3.
11/13/2012 Item 16.D.3.
Is this project still in compliance with the original .project schedule? If more than 2 months behind schedule, must submit a new
timeline for approval.
Yes No
If no, explain:
Since October 1, 2012, of the persons assisted, how many... `
Total Other Funds
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Total
Entitlement $
Funds
C.
Total No. of families served. 0
:::Tout No. of female head of household:
0
8.
What is the total number of UNDUPLICATED clients served since October, If applicable?
Indicate the total number of rINDPI ICA TED
a.
Totai number of adult females served :`. 0
Total nun bar of females served under 18:
D
b.
Total runber of adult males served. 0
,�; Total number of males served under 18
Report as:
TOTAL: 0
TOTAL: 0
C.
Total No of families served. .,. 0
,:Total No. of female head of household:
'; ..O Nbderate Income (51.801A)
Complete EITHER question s7 OR #8. Complete question #7 it your program oniv, serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question q#§ if any client in your program does not fail into a Presumed Benefit category.
DO NOT COMPLETE
BOTH QUESTION 7 AND 8.
7. 1PRESUMED BENEFICIARYDATA: `:. a.
OTHERlBENEFICIARY DATA. INCOME: RANGE
Indicate the total number of rINDPI ICA TED
persons
indicate the total number of Jofall
persons served since October 1 who fall into
into eac
served since October 1 who fall into each income
each presumed benefit category (the total
category (the total should equal the total in question #6)
should equal the total in question #6):
Report as:
Report as:
r A :'AtwsedChildren
.: 0 ExtremeyiowIncome(0 -30%)
0 ..Homeless Person
.'0 Low lncoma(31 -50%)
0 Battered Spouses
'; ..O Nbderate Income (51.801A)
0 ' Persons wl HNIAIDS
D ;Above Nbderate Income ( >80"/ )
D Eklery Persons
D z Veterans
b . 'Chronicaliyt Mentally ill
0,;,,;Physically Disabled Adults
10 Other -Youth
TOTAL: 0 TOTAL: 0
s, Racial & Ethnic Data: pfapplicable)
Please indicate how many UNDUPLICATED clients
served since October fall into each race category. In addition
to each race category, please Indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE
ETHNICITY
White;:
; of wham, how many are Hispanic?
BlacWAfrican American .= 0
>`: D : ; of whom, haw many are Hispanic?
Asian ;.i , 0
D }; of whom, how many are Hispanic?
American Ltd aNWaska Native A
0 : ; of whom, how marry are Hispanic?
Native Hawai aNOlher Pacific Islander 3.
of whom, how many are Hispanic?
American IndiaNAlaskan Native & White �. 0
``' 0 ; of whom, how many are Hispanic?
BIacWAfrican American &White 0
- 0-,; of whom, how many are Hispanic?
Am. Indian /Alaska Native & BbackfAfrican Ann— -0
"': V.. of wham, how marry are Hispanic?
Other tit rectal? .0
- 0 i; of whom, taw many are Hispanic?
Other : 0
0 ; of wham, how many are Hispanic?
TOTAL: 0
0 TOTAL HISPANIC
Name,
Signature:
Your typed name here represents your electronic
Title:
signature
David Lawrence Centel-
2012 CD13G (CD 12-02)
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EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A -133 Audits of States, Local Governments, and Non - Profit. Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are. in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with .the audit
requirements, sign and date this form.
Sub recipient
David Lawrence Center
Fiscal Year
Reriod
July 2011
Name
Total State Financial Assistance Expended during ::
`
$
most recently. com leted Fiscal Year.
Total Federal Financial Assistance Expended; during most
$
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federalfstate 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
X
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.
it rinam s were notea, iease encwse a C;UIJY vt LIM rna vnsca c119u Li Y1FU%1LI VG QLILiV II Ifil 1.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature I Date
Print Name and Title
David Lawrence Center
2012 CDBG (CD 12-02)
Access 2 Wellness
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EXHIBIT "F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block
Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and
12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and
as supplemented in Department of Labor regulations.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment. Opportunity Act of 1972, 42
USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed
by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer.
8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance
provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subject the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub - recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement;
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low - income
residents of the project area, and that contracts for work in connection with the project
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11/13/2012 Item 16.D.3.
be awarded to business concerns that provide economic opportunities for low- and very
low - income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project are given to low- and very low -
income persons residing within the metropolitan area in which the CDBG - funded project is located;
where feasible, priority should be given to low- and very low - income persons within the service area of
the project or the neighborhood in which the project is located, and to low- and very low- income
participants in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing
construction, or other public construction project to business concerns that provide economic
opportunities for low- and very low - income persons residing within the metropolitan area in which the
CDBG - funded project is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low - income residents within the service area or the
neighborhood in which the project is located, and to low- and very low - income participants in other
HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
12. The Americans with Disabilities Act of 1990
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form
4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR
13 5.11(c)).
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 -
which prescribes goal percentages for participation of minority businesses in Community Development
Block Grant Contracts.
17. The SUBRECIPIENT agrees to comply with the non- discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non- discrimination provisions in Section 109 of the HCDA are still applicable.
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18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
19.24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections:
Subpart A — General;
Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance;
Subpart C — Post -Award Requirements, except for:
• Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
• Section 84.23, 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 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow
570.505;
• Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following
applies:
• In all cases in which equipment is sold, the proceeds shall be program income (pro-
rated to reflect the extent to which CDBG funds were used to acquire the equipment);
and
• Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
• Section 84.51(b), (c), (d), (e), (0 and (h), Monitoring and Reporting Program Performance;
• 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 84.61, CDBG SUBRECIPIENTs
shall comply with 570.503(b)(7); and
Subpart D =- After- the -Award Requirements — except for 84.7 1, Closeout Procedures
20. 24 CFR 8.5 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach
of this agreement, and the County shall have the discretion to unilaterally terminate this agreement
immediately.
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22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly
or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as arnended, and
County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation cinder the Contract Documents upon the Contractor at Owner's discretion.
24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. Any situations when negotiations, litigation and /or mediation shall be attended by
representatives of SUBRECIPIENT with full decision- making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under §
44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in
state court and the US District Court, 201h Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY .JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
25. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24
CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified
by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and/or reduce the cost of said flood insurance.
27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance
provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at
24 CFR 570.608, Subpart K.
28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this agreement.
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In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a federal, state or
local historic property list.
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 from participation in this transaction by any
Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.
3 1. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
States, local governments. and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non-Profit Organizations follow:
• A -122 for Cost Principles
• A -110 for Administrative Requirements
32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days
after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the""'
requirements and standards of OMB A -133, Audits of States, Local Governments, and Non -Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves
the right to recover any disallowed costs identified in an audit after such closeout.
33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG
including, but not limited to, the provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of
$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes.
35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
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ELM
11/13/2012 Item 16.D.3.
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents
for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and
cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in
effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38. Florida Statutes 713.02, Part I, Construction Liens
39. Florida Statutes 119.021 Records Retention
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EXHIBIT "G "AIA G702 -1992
'AIA Document G702 T"_ 1992 Instructions ,
Application and Certificate for Payment
GENERAL INFORMATION
Purpose and Related Documents
AIA i)ocurnew G702, Application and C:'el-Lilleate for Pa)mlent, is to he used in conjunction with AIA Document 6703, Continuation
Sheet. These dUC'llrilelltS are designed to he trwd nn a Project where a Contractor has a direct Agreement with the Owner, Procedures
fur their use arc covered in AIA Document A201. Cieneral Conditions of the Contract tier Construction.
Use orCnt•renl Doctuntents
Prior• to using any AIA Conu-act DUCLIIItei1L, users should consult www.ailt.org or a local AiA component u1 verify the most recent
edition.
Reproductions
This docurnent is a copyrighted work and frilly not be reproduced or excerpted front without the express written permission of the
AIA. There is no implied permission to reproduce this document., nor does nlcnlber :sh.ip in The American Institute of Architects confer
.illy further riOLS to reproduce this docuinent.
The AIA herehy grants the purchaser a limited license to reproduce a maximum of ten copies of-'it completed G702, but only for use in
connection with a particular project. The AiA Will not permit reproduction outside of the Limited license for reproduction y± antetl
above, excerpt upon written request. tend receipt of written permission from the AIA.
Rights to reproduce, the ducurnent army vary for users of ATA sofiwarc. Licensed A.IA software users should consult the F_nd User
License. Agreement
To reporl Copyright Violations of AiA Contract r)ocuillents. e-nmil The American Institute of Architects' ieLal counsel,
copyright 0 :6ili, .ore.
COMPLETING THE G702 FORM
After the Contraculr has completed AIA DUCtnlle'nl G703, Continuation Sheet, nuttuTtary inikirnullion ShOtild tic transferred to AIA
Document 0702, Application and Ccriifirale R1r Payment.
The Contractor should sign 0702, have it notarized. and submit it, together with G701, to the Architect.
The Architect should review G702 and 6703 tend, if they are accepttible, complete the Architect's Certificate for Payment on 6702
The Architect muy certify it different amount than that applied for, pursuant to Sections 9.5 and 9.6 of A201 . The Architect should
then initial all figures on G702 and G703 that have been changed to ctnlfurm to [lie amount certificcl and attach an explanation. The
completed G702 and G703 should he forwarded to the Owner.
MAKING PAYMENT
The Owner should matte pttynlent directly to the Contractor based oil the amount certified by the Architect un A.IA Dt:lcument 6702,
Application Lind Certifftmte. for Payment.. The completed form contains the name and address of the Contractor. Payment should not he
mode to any other party unless specifically incheated on G702.
EXECUTION OF THE DOCUMENT
PCI'F611R executing the doCulnent should indicate the capacity in which they are acting 0 -e., president, secretary, partner, etc.) aild the.
authority under which they are exectuine the document. Where appropriate, a copy ol'the resolution authorizin_+ the individual to act
on behalf ol'the firm or entity should bc+ attached.
AtA Document 0702— – 1992. Copyright P 1953. 1.983, 1985, 1971, 1978. 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING; This
AfA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA' Document, or any portion of
It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchnsers are permitted to reproduce ton
710) copies of this documeni when completed. To report copyright violations of ASA Contract Documents, e-mail Tile American Institute of Architects' legal counsel,
copyright (paia.org.
David Lawrence Center
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1-2
Al A") Document 702 -W 1992
Application and Certificate for payment
r- 100- 1TIO \St)1:Dt!C.
TO OWNER: PROJECT:
APPLICATION NO: Distribution to.
i S
PERIOD TO: OWNER D
I'Tolalappioved this Month
CONTRACT FOR ARCHITECT D
FROM CONTRACTOR: VIA ARCHITECT:
CONTRACT DATE: CONTRACTOR D
�?
PROJECT NOS: 1 FIELD D
xu C HANGF:.S by ChanrC Order
OTHER D
CONTRACTOR'S APPLICATION FOR PAYMENT
'File undersigned Contactor certifies (hat to the best of the Conhacu,r s knowledge. information
and helief dw 1Vod; covered by this Application for Payna�nl has heel compleled in accordance
Application is nwdee for payment, as shown below, in ronntC(ion whit die Contract.
tai(h the Contrao Documents, that all amorous have been paid by the Cnntraet)r Ior WOTI: fitr
Continuation Sheet, AIA Docvnrem G701, is 31WIled.
which previous Cenificates for Paamen tyere issued and payntewl received from the Ouster, and
1. ORIGINAL CONTRACT SUM ......................... ............................... h—
- -- that Current payment shown herein is now due.
2. Net change by Change Orders .................. ............................... S
CONTRACTOR:
3, CONTRACT SUM TO DATE (Line I i I .. .... .................................. 4
Ily: - Date:
4, TOTAL COMPLETED & STORED TO DATE (Colwun G on G70, ............. —
State of..
- --
S. RETAINAGE,
Counly of:
of C:ontpleted Work
Subscribed and sworn to before
(Crduntrt D +1 -, on (17111) S _ _ _
me this day of
b. of Stored A- tatcrial
_9r
(C olwmt F oil W03)
'votary Public:
My Commission expires:
Total Rctailmt.c (Lines lit; 511 or'1'olal in C Oh nttl I of 0703i,......
6. TOTAL EARNED LESS RETAINAGE ..........................
(Lim, 4 Less Line 5 Total)
7. LESS PREVIOUS CERTIFICATES FOR PAYMENT ............
(Line 0 From prior Certificate)
B, CURRENT PAYMENT DUE
9, BALANCE TO FINISH, INCLUDING RETAINAGE
(Line 3 less Liu fit
ti
CI 1NGL ORDER SU11\I1RY
r- 100- 1TIO \St)1:Dt!C.
f {O�5
_ _
Total chat yes a move +l m nrymus nurths by Owner
i S
' 9
I'Tolalappioved this Month
iS
S --
TOTALS
�?
-
xu C HANGF:.S by ChanrC Order
ARCHITECT'S CERTIFICATE FOR PAYMENT
In uccordatwe with the Contract Documents, hased nn on -site ohsenations and the data Comprisin,
this application, the Architect certifies 16 the Owner that to the hest of the An!hitect's knowledge.
it11'ormation and hclie(' the Work has progressed as indicated, the quality of the Work is in
accordance with (he Contract Documents, and the Contractor is enlillctl to paynlenl of the
ANIOU 11' CERTIFIED,
AMOUNTCERTIFIED .................................... ...... ................ - , ........ ........ S
(Alla(h e.eplawilion if auburn) certified (Lifji -rs from rhr rauown appliett htivai aR f gwres on Ibis
ppli,rrrion (urri (in file conlitr+rrrtion Shcei that twe r'ltnrrgrrl w vanronn myth the aorawu (,ertifrerL)
ARCHITECT;
'I his Cenificole is not negotiable. The ANIOUN'T CISRT111FI) is payablk only to the Contractor
named herein. ksuance, payment and acceptance of payment are withott prepulrce to any rights of
Ilic Owner or Contractor under this contract
AIA Document Gie2'o -1992, Copyright iJ 1953,1903,1965,1971,1978, 1983 and 1932 by The American Icstilolo of Af,.Nle.cts. All rights reserved. WARNING': f hr AIA Do umr at is p,olecl d h t U.S. t nfajrlgnt Lair
ani3 brt:rna!i�ro.ai Gt alt i;. U sulbon-e +i rr trodrr_iio,t u. di,lohuiioa of tots AIA` D l'almonl, or trip pukioll of ii, may r loll in ;era s. 6,111 and criminal I;rnru!'e:,, anti will b, tao.;reuied ti. lhi rout m�mi - r.krt
r
I os. ibis ni:dr + tae,. Furarzers are poi lilted to ruproduce ten it 0', copes of this der anent when completed. To repot capyrighi vroi:arans of AIA Contract Dit uments, email The Amerieaa Inslih, =,e of Arcluteci. legal
counsel, cnpyrighlb�aia.org.
David Lawrence Center
2012 CDBG (CD12 -02)
/Access 2 Wellness Page 28 of 29
Packet Page -2198-
11/13/2012 Item 16.D.3.
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AIA Document G "J2, APPLIC4TIOJNI AND CERTIFICATE FOR 1?kYME;NT APPLICATION AO.:
cnntainit:g Contractor's signed Certification, is attmhed. APPLICATION DATE:
In tabulations below, amounts are stated to the nearest dollar. PERIOD TO:
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CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced.
David Lawrence Center
2012 CDBG (CID 12-02)
Access 2 Wellness Page 29 of 29
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