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Agenda 09/11/2018 Item #16D1909/11/2018 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign the standard HUD entitlement agreements upon arrival; approve and authorize the Chairman to sign eleven (11) sub-recipient agreements for activities previously approved in the FY2018-19 Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant Programs (ESG), and one (1) sub-recipient agreement for a housing activity previously approved in the FY2017-18 Action Plan; and authorize the necessary Budget Amendments, in the amount of $3,470,652 for the U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2018 - 2019 budget as approved in the HUD Action Plan for entitlement funds. OBJECTIVE: To accept and expend federal funds to assist the citizens of Collier County. CONSIDERATIONS: The U.S. Department of HUD offers entitlement funds to allow local governments to meet program-specific community needs. Entitlement programs include CDBG, which funds a wide variety of projects such as acquisition, public services, public amenities, and rehabilitation; HOME, which funds rental assistance, new construction and rehabilitation of single and multi -family homes; and the ESG, which funds homeless programs. On June 28, 2016, the Board of County Commissioners (Board) approved the County’s Five (5) Year Consolidated Plan for the use of entitlement funds for the period of FY2016-2021. The FY2018-2019 Annual Action Plan was approved by the Board at the July 10, 2018 Meeting (Item #11F) with the following funding. FY18-19 Allocations CDBG HOME ESG Total Award $ 2,519,179 $ 697,393 $ 191,703 $3,408,275 Program Income $ 13,000 $ - $ - $ 13,000 Match $ 49,377 $ 49,377 $ 2,532,179 $ 697,393 $ 241,080 $3,470,652 The July 10, 2018 meeting also approved the following activities and funding: Organization 2018-19 Funding Purpose IDIS Activity # CDBG Habitat for Humanity of Collier Co. $1,000,000 Land Acquisition for Housing 578 Youth Haven - Jay’s Cottage $200,000 Cottage Rehabilitation 579 City of Naples $100,000 Anthony Park Exercise Stations 580 Immokalee CRA $200,000 Sidewalks 581 Bayshore CRA $227,960 Fire Suppression - Phase 2 582 CDBG Public Services Legal Aid $177,784 Services to Victims 583 United Cerebral Palsy $50,000 Transportation 584 Collier Co. Children's Advocacy Center $70,000 Family Safety Program 585 ESG 16.D.19 Packet Pg. 1438 09/11/2018 Shelter for Abused Women and Children $115,022 Shelter Operations 586 Hunger & Homeless Coalition of Collier County *$35,000 Homeless Management Information System (HMIS) 587 NAMI (National Alliance for the Mentally Ill) $27,304 Rapid Re-Housing Homeless 588 *NOTE: The sub-recipient agreement with the Hunger & Homeless Coalition of Collier County is for $43,343.75 of which $35,000 is 2018-2019 funding and the remaining $8,343.75 is 2017-2018 funds. The following activity was approved by the Board at their meeting on June 27, 2017 (Item #16D14), in the FY17-18 Annual Action Plan utilizing CDBG funds. A substantial amendment to the FY17-18 Action Plan was approved by the Board on September 26, 2017 (Item #16D29) reprogramming the rental rehabilitation funding to a HOME-funded activity. Underwriting is now complete, and the Board may enter into an agreement to carry out the program. Organization HOME 2017-2018 Funding Purpose IDIS Activity # Oak Marsh, LLC $300,000 Rental Rehabilitation - Immokalee 589 Community and Human Services (CHS) is requesting the Board authorize the Chairman to execute the sub-recipient agreements. The agreements will be effective on the date signed, but as allowed per federal regulations, eligible expenditures will be reimbursed from October 1, 2018. No federal funds will be reimbursed for any sub-recipient agreement until the HUD entitlement agreements and the associated sub- recipient agreements are signed by the Board Chairman, and the sub-recipient receives a notice to proceed. Staff has completed a compatibility analysis between the Consolidated Plan, the sub-recipients grant application, the FY2018-19 Action Plan; the priority needs categories and the sub-recipients scope of work. Staff confirms that the projects are compliant with the Consolidated Plan and the FY2018-19 HUD Annual Action Plan. Board approval of the sub-recipient agreements confirms the basis upon which payment is to be made; only to change thereafter by Board approval of any substantial amendment and/or contract amendment, if needed. As a condition of the award, Collier County retains funds to administer all three programs. Two of the three programs require match, HOME is a 25% ($156,913) program match and ESG is 100% ($191,703) match. While HOME requires a 25% match for project related activities, it does not require administration funds to be matched. Project match requirements will be identified in the sub -recipient contracts. The CHS Division operates its Federal grant cycle from October 1 to September 30 to coincide with the County’s budget year. Staff salaries are an eligible expense under the administrative portion of the grant funding and the primary funding source used to support CHS staff that administers the CDBG, HOME, and ESG funds to the sub-recipients. HUD funds are available October 1, 2018 - fiscal year October 1, 2018, to September 30, 2019. However, due to HUD’s internal administrative processes, we do not know when we will receive the requisite entitlement agreements. By approving this Item, the Chair will have the authorization to sign the funding agreements and staff will have the ability to draw down these funds for administration. FISCAL IMPACT: The HUD grant agreements of $3,408,275, projected program income of $13,000 and match of $49,377 for a total of $3,470,652, will allow CHS to administer, implement, and monitor the projects outlined in the FY2018-2019 Annual Action Plan. Costs associated with grant administration and 16.D.19 Packet Pg. 1439 09/11/2018 staffing are primarily covered by the entitlement funding, with a required match contribution for the ESG Program ($49,377). Projects are established as CDBG 33580, HOME 33581 and ESG 33582. Budget Amendments are required in the amount of $2,532,179 for CDBG, $697,393 for HOME, and $191,703 for ESG within Housing Grant fund (705). The related match amount of $49,377 will be available w ithin FY19 Housing Grant Match (706) Reserves funded by the General Fund. A Budget Amendment in the amount of $49,377 is required in FY19 to appropriate the reserve amount of $ 49,377 to ESG project (33582). LEGAL CONSIDERATIONS: The HUD entitlement grant agreements and certifications will be approved for form and legality only if substantially identical to documents received in past years from HUD. Accordingly, this Item is approved as to form and legality and requires a majority vote for approval. -JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will further the Goals, Objectives, and Policies of the Housing Element of the Growth Management Plan. RECOMMENDATION: To authorize the Chairman to sign the standard HUD entitlement agreements upon arrival; approve and authorize the Chairman to sign eleven (11) sub-recipient agreements associated with the FY2018-2019 HUD Annual Action Plan, for the CDBG, HOME, and ESG Programs, and one (1) sub-recipient agreement previously approved for 2017-2018 Action Plan funding, and authorize the necessary Budget Amendments, in the amount of $3,470,652 for the U.S. Department of HUD Fiscal Year 2018-2019 budget as approved in the HUD Action Plan for entitlement funds. Prepared By: Cormac J. Giblin, AICP - Housing and Grant Development Manager; Community and Human Services Division ATTACHMENT(S) 1. [Linked] signed Agreements CJG combined (PDF) 16.D.19 Packet Pg. 1440 09/11/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.19 Doc ID: 6458 Item Summary: Recommendation to authorize the Chairman to sign the standard HUD entitlement agreements upon arrival; approve and authorize the Chairman to sign eleven (11) sub- recipient agreements for activities previously approved in the FY2018-19 Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant Programs (ESG), and one (1) sub-recipient agreement for a housing activity previously approved in the FY2017-18 Action Plan; and authorize the necessary Budget Amendments, in the amount of $3,470,652 for the U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2018-2019 budget as approved in the HUD Action Plan for entitlement funds. Meeting Date: 09/11/2018 Prepared by: Title: – Community & Human Services Name: Susan Golden 08/21/2018 12:24 PM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 08/21/2018 12:24 PM Approved By: Review: Community & Human Services Cormac Giblin Additional Reviewer Completed 08/21/2018 2:16 PM Community & Human Services Leslie Davis Additional Reviewer Completed 08/21/2018 2:49 PM Community & Human Services Jose Alvarado Additional Reviewer Completed 08/22/2018 3:55 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 08/22/2018 4:32 PM Public Services Department Kimberley Grant Additional Reviewer Completed 08/22/2018 5:15 PM Public Services Department Joshua Hammond Additional Reviewer Completed 08/24/2018 4:23 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 08/27/2018 1:19 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/28/2018 8:11 AM Grants Erica Robinson Additional Reviewer Completed 08/28/2018 10:04 AM Grants Erica Robinson Level 2 Grants Review Completed 08/28/2018 11:50 AM Grants Therese Stanley Additional Reviewer Completed 08/28/2018 4:19 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/29/2018 2:53 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2018 3:17 PM 16.D.19 Packet Pg. 1441 09/11/2018 Budget and Management Office Ed Finn Additional Reviewer Completed 08/30/2018 9:05 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/30/2018 11:44 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/02/2018 3:22 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM 16.D.19 Packet Pg. 1442 FAIN# B-18-UC-12-0016 Federal Award Date Est. 10/2018 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDNCSFA# 14.218 Total Amount of Federal $1,000,000 Funds Awarded Subrecipient Name Habitat for Humanity of Collier County, Inc. DUNS# 080676690 FEIN 59-1834379 R&D No Indirect Cost Rate No Period of Perf 01mance 10/01/2018-05/31/2020 Fiscal Year End 6/30 Monitor End: 12/2024 AGREEMENT BETWEEN COLLIBR COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. TIDS AGREEMENT is made and entered into this __ day of ________ 20_, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Habitat for Humanity of Collier County, Inc , ("SUBRECIPIENT"), having its principal office at 11145 Tamiami Trail E., Naples 34113. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program (CDBG) in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan -One year Action Plan for Federal Fiscal Year 2018-2019 for the CDBG Program with Resolution 2018-134 on July 10, 2018 -Agenda Item 11-F ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2018/2019 Annual Action Plan, on May 24, 2018, with a 30 day Citizen Comment period from May 24, 2018 to June 24, 2018; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and Habitat for Humanity CD18-05 Acquisition of Real Property ) Page 1 WHEREAS, the County and SUB RECIPIENT wish to set forth the responsibilities and obligations of each in the unde1taking the CDBG CD 18-05 Acquisition of Real Prope1ty. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Patties as follows: PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Acquisition of Real Property Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY2018-2019 CDBG funds up to the gross amount of $1,000,000.00 to Habitat for Humanity of Collier County to fund; The acquisition of real property that will be developed for future affordable housing. The prope1ty will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 1.1 GRANT AND SPECIAL CONDITIONS A.Within sixty (60) calendar days of the execution of this agreement, the SUB RECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B.The following resolutions and policies must be adopted by the SUBRECIPIENT's governing body within sixty (60) days of this agreement: Habitat for Humanity CD18--0S � Affinnative Fair Housing Policy � Affirmative Action/ Equal Oppottunity Policy � Conflict oflnterest Policy � Procurement Policy [g] Uniform Relocation Act Policy � Sexual Harassment Policy [g] Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 I u) Acquisition of Real Property Page 2 0 The SUBRECIPIENT will accomplish the following checked project tasks: f2J Pay all closing costs related to property conveyance f2J Maintain and provide to the County, as requested, beneficiaiy income certification documentation f2J Maintain National Objective Documentation [2J Provide Quarterly Repmts on National Objectives and project progress f2J Required attendance by a representative from executive management at quarterly pa1tnership meetings, as requested by CHS. D Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. [2J Identify Lead Project Manager [2J Provide Site Design and Specifications D Comply with Davis Bacon Labor Standards D Provide certified payroll weekly throughout construction and rehabilitation f2J Comply with Uniform Relocation Act (URA), if necessary f2J Ensure applicable numbers of units are Section 504/ADA accessible [2J Ensure the applicable affordability period for the project is met B.National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such the SUBRECIPIENT shall be responsible for ensuring that all activities and beneficiaries meet the definition of: D LMA -Low/Mod Area Benefit D LMC -Low/Mod Clientele Benefit [2J LMH -Low/Mod Housing Benefit D LMJ -Low/Mod Job Benefit LMA: Must document where at least 51 % of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 % of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 % occupied by LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain pennanent jobs, at least 51 % of which ( computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve Habitat for Humanity CD18--0S Acquisition of Rea I Property Page 4 FAIN# B-18-UC-12-0016 Federal Award Date Est. 10/2018 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal $70,000 Funds Awarded Subrecipient Name Collier County Child Advocacy Council, Inc. (CAC) DUNS# 054301671 FEIN 65-0049492 R&D No Indirect Cost Rate No Period of Petformance 10/01/2018-09/30/2019 Fiscal Year End 6/30 Monitor End: 12/2019 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC. TIDS AGREEMENT is made and entered into this __ day of _________ 20 __ , by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Child Advocacy Council, Inc., (CAC), ("SUBRECIPIENT"), having its principal office at 1036 6th Avenue North, Naples, FL 34102. WHEREAS, the County has entered into an agreement with the United States Depa1tment of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program (CDBG) in ce1tain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan -One year Action Plan for Federal Fiscal Year 2018-2019 for the CDBG Program with Resolution 2018-134 on July 10, 2018-Agenda Item 11-F; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised the 2018/2019 Annual Action Plan, on May 24, 2018, with a 30 day Citizen Comment period from May 24, 2018 to June 24, 2018; and WHEREAS, the SUBRECIPIENT has submitted a proposal for patticipation in the Collier County CDBG program; and CAC CD18-07PS Family Safety Program Page 1 WHEREAS, the County and SUBRECIPIENT wish to set fo1th the responsibilities and obligations of each in the unde1taking the CDBG CD18-07PS Family Safety Program Project. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Paities as follows: PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perfonn the tasks necessaiy to conduct the program as follows: Project Name: Public Service-Family Safety Program Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY2018-2019 CDBG funds up to the gross amount of $70,000 to the Collier County Child Advocacy Council, Inc. (CAC) to fund: Paitial salaiy and benefits of staff to facilitate the Family Safety Program 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service projects. B. The following resolutions and policies must be adopted by the SUBRECIPIENT's governing body within sixty (60) days of this agreement: CAC CD18-07PS C8J Affu-mative Fair Housing Policy C8J Affomative Action/ Equal Opportunity Policy C8J Conflict of Interest Policy C8J Procurement Policy D Uniform Relocation Act Policy C8J Sexual Harassment Policy C8J Procedure for meeting the requirements set fo1th in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) C8J Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) C8J Fraud Policy Family Safety Program Page 2 C. Environmental Review Requirement (ERR) -No program costs can be incurred until an environmental review of the proposed project is completed, and approved by HUD. Further, the SUBRECIPIENT will not unde1take any activity or commit any funds prior to the HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 1.2 PROJECT DETAILS A. Project Description/Project Budget Public Services Federal Amount Family Safety Program Project Component 1: Funding costs will include but not be limited to the following expenses: partial salary and benefits of staff to facilitate the Family Safety program. Funds will enable the Children's Advocacy Center of Collier County to assist victims of domestic violence and their children to increase the availability of needed services, by maintaining accessible and high quality supervised safety visitations and/or exchange services. Total Federal Funds: The SUBRECIPIENT will accomplish the following checked project tasks: 0 Pay all closing costs related to property conveyance $70,000 $70,000 ~ Maintain and provide to the County, as requested, beneficiary income certification documentation ~ Maintain National Objective Documentation CAC CD18-07PS ~ Provide Quarterly Reports on National Objectives and project progress ~ Required attendance by a representative from executive management at quaiterly paitnership meetings, as requested by CHS. 0 Provide monthly construction and rehabilitation progress repo1ts until completion of construction or rehabilitation. 0 Identify Lead Project Manager 0 Provide Site Design and Specifications 0 Comply with Davis Bacon Labor Standards 0 Provide certified payroll weekly throughout construction and rehabilitation 0 Comply with Unifonn Relocation Act (URA), if necessary 0 Ensure applicable numbers of units are Section 504/ADA accessible 0 Ensure the applicable affordability period for the project is met Family Safety Program Page 3 B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such the SUBREClPIENT shall be responsible for ensuring that all activities and beneficiaries meet the definition of: D LMA -Low/Mod Area Benefit ~ LMC -Low/Mod Clientele Benefit D LMH -Low/Mod Housing Benefit • LMJ -Low/Mod Job Benefit LMA: Must document where at least 51 % of the residents are LMI persons based on HUD detennined eligible census tracts. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMC: Must document that at least 51 % of persons served, are low to moderate income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must have at least 51 % occupied by LMI households. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 % of which ( computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Special Grant Condition Policies (Section 1.1) Insurance Detailed project Schedule Project Plans and Specifications Subcontractor Log Submission of Progress Repo1t Section 3 Rep01t CAC CD18-07PS Family Safety Program Deliverable Supporting Documentation Policies as stated in this agreement Exhibit A Project Schedule Site Plans and Specifications Subcontractor Log Exhibit C Quarterly rep01t of new hire information Submission Schedule Within sixty (60) days of agreement execution Within 30 days of agreement execution and Annually within thirty (30) days of renewal Not Applicable Not Applicable Not Applicable Quarterly within IO days following the end of the qua1ter. Final after closeout monitoring Quarterly Page 4 Financial and Compliance Audit Exhibit E Annually, nine (9) months for Single Audit OR one hundred eighty (180) days after FY end Continued Use Cettification Continued Use Affidavit, if Not Applicable aoolicable Revenue Plan for maintenance Plan approved by the County Not Applicable and Capital Reserve Program Income Reuse Plan Plan Aooroved by the County Not Applicable D. Payment Deliverables Payment Deliverable Pavment Sunno1ting Documentation Submission Schedule Project Component 1: Funding Suppotting backup documents should Submission of costs will include but not be include: invoice( s )/timesheets/Payroll monthly invoices. limited to the following Registers/Summary/canceled checks or expenses: Fund partial salmy and banking statement/banking documents / benefits to facilitate the Family Exhibit B and any additional Safety Program documentation as requested 10% retainage request released upon final Following close out monitoring clearance or expenditure of monitoring grant funds Final 10% retainage will be released upon documentation that at least 51 % of persons served are low to moderate income households, in order to meet a CDBG National Objective. Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under this agreement. 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on October I, 2018 and shall end on September 30, 2019. This agreement shall remain in effect until all CDBG funds and program income are no longer under the control of the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT CAC CD18-07PS The COUNTY agrees to make available Seventy Thousand Dollars and no cents ($70,000.00) for use by the SUBRECJPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10% of the total funding amount and not amount to a change in scope. Fund shifts that exceed 10% of the agreement amount or changes in scope shall only be made with Board approval. Family Safety Program Page 5 The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required eve1y month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECfPIENT, when requested, as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perfotm the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement may ·not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPTENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State or Federal requirements. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice arid in compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPJENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpati E-Cost Principles. A Developer is not subject to 2 CFR Subpati E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer, in order for the County to remain compliant with its obligation to follow 2 CFR Subpati E. The Developer will use adequate internal controls, CAC CD18-07PS Family Safety Program Page 6 and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delive1y 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. CAC CD18-07PS COLLIER COUNTY ATTENTION: Rose Munoz Grant Coordinator 3339 E Tamiami Trail, Suite 211 SUBRECIPIENT Naples, Florida 34112 Email: Rosa.Munoz@colliercountyfl.gov Telephone: (239) 252-5713 ATTENTION: Jacqueline Stephens, CEO 1036 6th Avenue N01th Naples, Florida 34102 Email: jstephens@caccollier.org Telephone: (239) 263-8383 Ext 228 Family Safety Program Page 7 2.1 AUDITS PART II GRANT CONTROL REQUIREMENTS At any time during nonnal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. Any deficiencies noted in audit repmts must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding offuture payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Patt 200, Subpait F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. CAC CD18-07PS C. All repmts, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this agreement. Family Safety Program Page 8 D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall maintain all documents and records in an orderly fashion, in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual pe1f01mance and evaluation rep01t, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim or audit is stmted before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed, in writing, if an agency ceases to exist after closeout of this agreement of the address where the records are to be kept, as outlined in 2 CFR 200.336. The SUBRECIPIENT shall meet all Federal, State and Local requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, MichaelCox@colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT' s comp! iance. CAC CD18-07PS G. 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 Family Safety Program Page 9 determinations, as defined in 24 CPR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CPR 200.336 and 2 CPR 200.337. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit ( or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUB RECIPIENT agrees that CHS may cany out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of repmts required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-per:formance, based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement fu1ther defined by 2 CPR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this agreement. If corrective action is not taken by the SUB RECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to pe1formance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE CAC CD18-07PS SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and Fiscal activities of the Family Safety Program Page 10 Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent waste, fraud and abuse. SUBRECIPIENT may not discriminate against any employee or other person who repo1is a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION C01Tective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: CAC CD18-07PS I. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the rep01t • Any pay requests that have been submitted to the Division for payment will be held, until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity, as needed, in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a pmiion of the awarded grant amount be returned to the Division. • The County may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity may be denied future consideration as set forth in Resolution No. 2013-228. Family Safety Program Page 11 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the prope1ties conveyed, be rehu-ned to the Division. • The Division may require upwards of ten percent (10%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity will be in violation of Resolution No. 2013-228. 4. If in the case after repeated notification the Entity continues to be substantially non-compliant, the Division may recommend the contract or award be tenninated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for the project that was terminated. This includes the amount invested by the County for the initial acquisition of properties or other activities. • The entity will be in violation of Resolution No. 2013-228. If, in the case the Entity has multiple agreements with the Division, and is found to be non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this agreement, and on the resolution of monitoring findings identified pursuant to this agreement, as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July and October, respectively, for the prior quarter period end. As part of the rep01t 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 f01th in Exhibit "C". Exhibit "C" contains an example repo1ting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee, in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this agreement. CAC CD18-07PS Family Safety Program Page 12 PARTID TERMS AND CONDITIONS 3.1 SUBCONTRACTS No pait of this agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)), including subpaitK 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 Pait 52 and (3) the SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable 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 othe1wise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the patties. The SUB RECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS CAC CD18-07PS 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 SUB RECIPIENT from its obligations under this agreement. The COUNTY may, in its discretion, amend this agreement to conf01m 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 Family Safety Program Page 13 be undertaken as pa1t of this agreement, such modifications will be incorporated only by written amendment, signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this agreement. In the event of cmtailment or non-production of said federal funds, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessaiy to continue to pay the SUBRECIPIENT all or any p01tions of the funds will not be available. In either 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 te1ms of this agreement. 3.6 INDEMNIFICATION . To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold ha1mless 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 consh·ued to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue there-on. This Indemnification shall survive the termination and/or expiration of this agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, adve1tisements, descriptions of the sponsorships of the Program, research reports and similar public CAC CD18-07PS Family Safety Program Page 14 notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, 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 pattial terminations, 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. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. Failure to comply with any of the rules, regulations or provisions refened to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; C. Ineffective or improper use of funds provided under this agreement; D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; CAC CD18-07PS F. Failure to materially comply with any terms of this agreement; G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. Family Safety Program Page 15 In the event of any default by SUBRECIPIENT under this agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds that SUBRECIPIENT has received under this agreement; D. Apply sanctions, if detennined by the COUNTY to be applicable; E. Stop all payments, until identified deficiencies are conected; F. Terminate this agreement by giving written notice to SUB RECIPIENT of such termination and specifying the effective date of such termination. If the agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities unde11aken under this agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this agreement and in addition to any and all other remedies available to the COUNTY (whether under this agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any propet1y on hand at the time of termination (or expiration) and any accounts receivable attributable to the use ofCDBG funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any po11ion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real prope11y are subject to 2 CFR 200.311 and as othe1wise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE CAC CD18-07PS SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECJPIENT's performance under the agreement. Family Safety Program Page 16 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Patt I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through .326) and Collier County's purchasing thresholds. Range: Competition Required $3,000 or less Single Quote with documentation $3,000 -$50,000 3 Written Quotes $50,000+ Formal Solicitation (1TB, RFP, etc.) All improvements specified in Patt I. Scope of Work shall be perfonned by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPJENT may close out the project with the COUNTY after the five (5) year continued use period has been met (for public services, "after the period of performance set fotth in Section 1.3 of the Agreement"). The continued use period shall commence with the later CAC CD18-07PS Family Safety Program Page 17 ® f01th in Section 1.3 of the Agreement"). The continued use period shall commence with the later of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction documentation). Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215 .97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR200.343. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the perf01mance 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 oppo1tunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial patt by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best effo1ts 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 f01th 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 I ieu of an independent investigation. CAC CD18-07PS Family Safety Program Page 18 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51 %) of the beneficiaries of a project funded through this agreement must be low-and moderate-income persons or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this agreement must reside in unincorporated Collier County or in municipalities pmticipating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to catTy 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 Affumative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the continued use period and must be submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the pe1formance 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", 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in pmt by a covered person or an entity owned or controlled, in whole or in pa1t, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY' s sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. CAC CD18-07PS Any possible conflict of interest on the part of the SUB RECIPIENT, its employees or its contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to umeasonably impede the statutory requirement that maximum Family Safety Program Page 19 oppmtunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and Local governments and may continue to cany 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 pmtions of the acquisition, constrnction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this prut. Sanchrnries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall repo1t knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 SEVERABILITY CAC CD18-07PS 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 prut thereof. Family Safety Program Page 20 4.1 4.2 4.3 4.4 PARTIV GENERAL PROVISIONS 24 CFR 570 as amended-All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.tpl 24 CFR 58 -The regulations prescribing the Environmental Review procedurd Link: https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr58 main 02.tpl Section 104(b) and.Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/10 2 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddojstatement.pdfhttps://www.hud.gov/program_of fices/fair_ housing_ equal_ opp/ReasonableAccommodations 15 Executive Order 11063 -Equal Oppottunity in Housing https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EXOl 1063 Executive Order 11259 -Leadership & Coordination of Fair Housing in Federal Programs h ttps ://www .archives. gov /fed era 1-regi ster/ codification/executive-order/ 122 5 9 .htm 1 24 CPR Patt 107 -Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-l 07 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VllI of the Civil Rights Act of 1968 as amended https://www.hud.gov/programdescription/tit1e6 4.6 4.7 4.8 24 CPR 570.601 Subpart K -The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity 111 housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570-602.pdf 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 Depattment of Labor regulations. EO 11246: https://www.hud.gov/program offices/fair housing equal opp/PHLaws/EXO 11246 EO 11375 and 12086: see item #8 below Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Oppo1tunity Act of 1972, 42 USC§ 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or adve1tisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. CAC CD18-07PS Family Safety Program Page 21 https://www.hud.gov/programdescription/title6 4.9 24 CFR 135 -Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients 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 perf01med 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 I-Lousing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opp01tunities for h·aining and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opp01tunities for low-and ve1y low-income persons residing in the metropolitan area in which the project is located." CAC CD18-07PS The SUBRECIPIENT further agrees to ensure that oppo1tunities 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 ve1y low-income persons residing within the meh"opolitan 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 ve1y 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 consh·uction, or other public consh"uction project to business concerns that provide economic oppo1tunities 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 oppo1tunities to low-and ve1y low-income residents within the service area or the neighborhood in which the project is located, and to low-and ve1y low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC _ 1204 7 .PDF The SUBRECIPIENT ce1tifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. Family Safety Program Page 22 https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfrl35 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud.gov/program_offices/fair_housing_equal_opp/FHLaws/109 https://p01tal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/E XOl 1063 11246: https://www.dol.gov/ofccp/regs/statutes/eo 11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12 I 07 .html 12086: https:/ /www .archives. gov/fed era I-register/codification/executive-order/ 12086 .htm 1 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safeO I .pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/civilrights/sec504.htm 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.6 l 4 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real estate/unifonn act/index.cfm 4.15 29 CFR Pa1ts 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.ll(c). 29 CFR Pait 3 -Contractors and Subcontractors on public building or Public Work Financed, in whole or in pait, by Loans or Grants from the United States https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Patt 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) CAC CD18-07PS https://www.law.cornell.edu/cfr/text/29/pa1t-5 Family Safety Program Page 23 Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for patticipation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www .archives.gov/federal-register/codification/executi ve-order/11625 .htm 1 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting oppo1tunities laws, regulations, and executive orders referenced in 24 CPR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: https://www.gpo.gov/fdsys/pkg/CFR-201O-title24-vol3/pdf/CFR-2010-title24-vol3-sec570-608.pdf E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.18 Public Law 100-430 -the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/l2289709 4.19 2 CFR 200 et seq -Unifo1m Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl 4.20 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.21 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes-https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 pa1t 111 Collier County-http://www.colliergov.net/home/showdocument?id=3 513 7 4.22 Order of Precedence -In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the agreement shall take precedence over the terms of all other Contract Documents, except the tenns 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 CAC CD18-07PS Family Safety Program Page 24 be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue-Any suit of action brought by either patty to this agreement against the other patty, relating to or arising out of this agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which comis have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution -Prior to the initiation of any action or proceeding permitted by this agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Couti Mediator ce1iified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other patty may obtain a cou1i order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle Dish·ict 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 LITlGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.law.cornell.edu/uscode/text/42/740 I b. Federal Water Pollution Conh·ol Act, 33 USC 1251, et seq., as amended. https://www.law.cornell.edu/uscode/text/33/chapter-26 4.26 In accordance with the requirements of the Flood Disa·ster Protection Act of 1973 ( 42 USC 4002 and 24 CFR 570.605 Subpati 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. https://www.law.cornell.edu/cfr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpati K. https://www.gpo.gov/fdsys/granule/CFR-2000-title24-vol3/CFR-2000-title24-vo 13-sec570-608-id 163 CAC CD18-07PS Family Safety Program Page 25 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set fo1th 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. https://www.nps.gov/histo1y/local-la w/nhpa 1966 .htm https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or Local historic property list. · https://www .nps.gov/hist01y/local-law/nhpa 1966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule/USCODE-2009-title4 l/USCODE-2009-title4 l-chap IO-sec70 I 4.30 The SUBRECIPIENT ce1tifies that neither it, nor its principals, is presently debarred, suspended, proposed for deba1ment, declared ineligible, or voluntarily excluded from pmticipation 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 pmticipating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.law.cornell.edu/cfr/text/24/570.609 4.31 The SUB RECIPIENT agrees to comply with the following 0MB 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 incmTed. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.50 I, and shall be submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. Per 2 CFR 200.344, 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. CAC CD18-07PS https://www.ecfr.gov/cgi-bin/text-idx?SID=5a78addefff9a535e83fed30 I 0308aef&mc=true&node=se2. I .200 l 344&rgn=div8 Family Safety Program Page 26 4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within 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. https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol1/CFR-1999-title49-vol 1-sec24-101 https :/ /www.gpo.gov/fdsys/ gran u le/CFR-2012-tit le24-vo 13/CFR-20 12-ti tle24-vo 13-secS 70-505 4.34 As provided in§ 287.133, Florida Statutes, by entering into this agreement or performing any work in furtherance hereof, the SUBRECIPIENT ce1tifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by§ 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm? App mode=Display Statute&Search String=&UR L=0200-0299/0287 /Sections/0287 .133 .html 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Rep01t Lobbying", in accordance with its instructions. The undersigned shall require that the language of this ce1tification be included in the award documents for all sub-awards at all tiers (including subcontrncts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBREClPIENTS shall ce1tify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.gov/portal/content/104877 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. CAC CD18-07PS https://www.govregs.com/regulations/expand/title24 partS subpartA sectionS. l 06 Family Safety Program Page 27 4.38 Housing Counseling, including homeownership counseling or rental housing counseling , as defined in §5 .100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors·certified by the Secretaiy under 24 CPR part 214 to provide housing counseling, consistent with 12 U.S.C. 170 lx, per 24 CPR 5.111. https://www.ecfr.gov/cgi-bin/text-idx?SID=e339ece9fdfd l 479eab67e850c7cddd4&node=24:2. l .l .2. l 0.4&rgn=div6 https://www.law.comell.edu/cfr/text/24/5.111 4.39 HUD Final Rule -Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/ 11/ 16/2016-25888/violence-against-women-rea uthor izati on-act-of-2013-imp lementation-in-h ud-hous ing-programs 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Stah1tes/index.cfm?App mode=Display Statute&URL=0700-0799/0713/0713.html 4.42 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm? App mode=Display Statute&URL=0 I 00-0199/0119/Sections/O 119 .021.html 4.43 Florida Statutes, 119.071, Contracts and Public Records CAC CD18-07PS http://www.leg.state.fl.us/Statutes/index.cfm? App mode=Display Statute&URL=0 I 00-0199/0119/Sections/O 119.021.html (Signature Page to Follow) Family Safety Program Page 28 IN WITNESS WHEREOF, the SUBRECJPIENT and the County, have each respectively, by an authorized person or agent, hereunder set their hancls and seals on the date first written above. ATTEST: CRYSTALK. .KINZEL, INTERIM CLERK , Deputy Clerk Dated: _________ _ (SEA):.,) Approved as to fonn and legality: Jennifer A. Belpedio Assistant County Attorney Date:._.;._ __________ _ CAC CO18-07PS Family Safety Program BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ___________ _ ANDY SOLIS, CHAIRMAN Date: __________ _ Collier County Child Advocacy Council, Inc. '' ' . By:_-1----~-=-------Jacqu'eStephCEO Date: D=/ Is ( ./2.J)(r' t I Page 29 ® PARTY EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUB RECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: l. 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 occmTence 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 Injmy and Property Damage. Collier County shall be named as an additional insured. DESIGN ST AGE (IF APPLICABLE) In addition to the insurance required in l -3 above, a Ce1tificate oflnsurance 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 occmTence/$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 ce1tificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 -4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original ce1tificates 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. CAC CD18-07PS Family Safety Program Page 30 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations msurance m the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured. 10. Prope1ty 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 prope1ties 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. CAC CD18-07PS Family Safety Program Page 31 EXHIBITB COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUESTFORPAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Child Advocacy Council, Inc. (CAC) Subrecipient Address: 1036 6th Avenue North, Naples, FL 34102 Project Name: Family Safety Program Project No: CDI 8-07PS IDIS#SXX Payment Request# ----Total Payment Minus Retainage ______ _ Period of Availability: 10/1/18 through 09/30/19 Period for which the Agency has incurred the indebtedness ____ through SECTION II: STATUS OF FUNDS I .Grant Amount Awarded 2.Sum of Past Claims Submitted on this Account 3.Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4.Amount of Today's Request 5.10% Retainage Amount Withheld (if applicable) 6.Current Grant Balance (Initial Grant Amount Award request) ( includes Retainage) $ $ $ $ $ $ [ certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUB RECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) CAC CD18-07PS Family Safety Program Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 32 EXHIBITC QUARTERLY PERFORMANCE REPORT DATA GENERAL-Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The County reports infmmation on a quarterly basis. To facilitate in the preparation of such reports, SUB RECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar qumter. Agency Name: Collier County Child Advocacy Council, Inc. (CAC) Project Title: Public Service-Family Safety Program Program Contact: Jacqueline Stephens, CEO Telephone Number: 239-263-8383 Ext228 epor mg eno October !st-December 31st January !st-March 31st April 1st-June 30th July 1st-September 30th 12/31/18 0 03/31/19 D D 06/30/19 Date: IDIS # SXX *REPORT FOR QUARTER ENDING: (check one that applies to the cotTesponding grant period): 09/30/19 D Please take note: The CDBG/HOME/ESG Program year begins October 1 20 I 8 -September 30, 2019. Each quarterly report needs . I d I d b . fr h f h O b I 20 18 to me u e cumu attve ata egmmng om t e start o t e program year cto er , I. Please list the outcome goal(s) from your approved application & subrecipient agreement and indicate your progress in meeting those goals since October 1, 2018. A. Outcome Goals: list the outcome goal(s) from your aooroved aoolication & subrecipient agreement. Outcome I :40 families will benefit from the supervised visitation and safe exchange services as evidenced by a final submission of beneficiary count on the quarterly report Outcome 2: : CAC must document that at least 51 % of persons served, are low to moderate income households, in order to meet a CDBG LMI/LMC National Objective Outcome 3: Maintain sufficient staff to deliver the Family Safety Program throughout the grant period B G IP oa rogress: Ind' 1cate t 1e progress to h d ate 111 meetmg eac outcome goa . Outcome I: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule? Yes If No Ex lain: No CAC CD18-07PS Family Safety Program a. b. c. ... now have new access (continuing) to this service or benefit? 0 .. .now have improved access to this service or benefit? 0 . .. now receive a service 01· benefit that is no longer substandard?_Q Total 0 Page 33 CAC CD18-07PS 5. 4. What funding sources did the subrecipient apply for this period? I Section 108 Loan Guarantee $ -CDBG $ -Other Consolidated Plan Funds $ -HOME $ -Other Federal Funds $ -ESG $ -State I Local Funds $ -HOPWA $ -Total Entitlement $ $ -Funds What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b not both. For LMC activities: people, race/ethnicity and income data is reported by persons. For LMl-1 activities: Households, race/ethnicity and income level data arc reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults U !Total No. of persons served under 18: (LMC) served:(LMC) u b. 6. a. b. 7. a. QTR TOTAL# of Persons: 0 QTR TOTAL# Persons: Total No. of Households served: 0 Total No. of female head of household :(LMH) o I OTR FHH OTR TOTAL# of What is the total number ofUNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b not both Total No. Persons/Adults served:(LMC) 0 YTDTOTAL: 0 Total No. of Households served: (LMH) 0 YTD TOTAL: 0 Total No. of persons ~erved under 18: (LMC) I I YTD TTL: Total No. offemale head of household :(LMH) I YTD TOTAL: I Complete EITHER question 7 or question 8 not both 0 0 0 Complete question 117a and 7b if your program Ql!]y_serves clients in one or more of the listed HUD Presumed Benefit cate ories. PRESUMED BENEFICIARY DATA ONLY: (LMC) Quarter n 1catet 1e Iota num er o ; · 0 0 0 0 persons served this quarter who fall into each presumed benefit category (the total should equal the Iota/ in question #6 a or 6 b) : since October I who full into each presumed benefit category (the total should equal the total in question H6 a or 6 Presumed Benefit Activities Only : (LMC) Q TR ELI ELI LI LI LI 0 Abused Children 0 Homeless Person 0 Mi~rant Farm workers 0 Battered Spouses 0 Persons w/ HIV/AIDS 0 Elderly Persons 0 Illiterate Adults 0 Severely Disabled Adults 0 QUARTER TOTAL LI or MOD LI LI b. b): Presumed Benefit Activities Only : (LMC) YTD 0 Abused Children I 0 Homeless Person I 0 Migrant Farm workers 0 Battered Spouses 1 0 Persons w/ HIV/AIDS 0 Elderly Persons 1 0 Illiterate Adults I 0 Severely Disabled Adults 0 YTDTOTAL ELI ELI LI LI LI LI or MOD LI LI Family Safety Program Page 34 Complete question U8a and Sb if any client in your program does not fall into a Presumed Benefit category. 8. OTHER BENEFICIARY DATA: INCOME RANGE I OTHER BENEFICIARY DATA: INCOME RANGE ELI LI MOD NON-LOW Indicate the total number of UNDUPLICATED persons served this ~m) who fall into each income category (the total should equal the total in question #6): Extremely low Income (0-30%) 0 Low Income (31-50%) 0 Moderate Income (51-80%) 0 Above Moderate Income (>80%) 0 QTR TOTAL: 0 ELI LI MOD NON-LOW 9. Racial & Ethnic Data: (if applicable) Please indicalc how many UNDUPLICATED clients served this Quarter (QTR) fall into each rncc 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). a. ETHNICITY/ RACE HISPANIC White 0 0 Black/ African American 0 0 Asian 0 0 American Indian/ Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 American Indian/ Alaskan Native & White 0 0 Black/ African American & White 0 0 Am. Indian/Alaska Native & Black/African Am. 0 0 OU1er Multi-racial 0 0 0 0 Name: ___________________ _ CAC CD18-07PS Title: Family Safety Program Indicate U1e tolal number of l/NDUPL/CATHD persons served since October I (YTD) who fall into each income category (the total should equal the total in question 116) : Extremely low Income (0-30%) 0 Low Income (31-50%) 0 Moderate Income (51-80%) 0 Above Moderate Income (>80%) 0 YTDOTAL: 0 Please indicate how many UNDlJPLICATED clients served since October( YTD) 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). b. ETHNICITY/ RACE HISPANIC White 0 0 Black/African American 0 0 Asian 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Olher Pacific Islander 0 0 American Indian/Alaskan Native & While 0 0 Black/ African American & White 0 0 Am. Indian/Alaska Native & Black/African Am. 0 0 Olhcr Multi-racial 0 0 0 0 Signature: ________________ _ Your typed name here represents your electronic signahu-e Page 35 EXHIBITD INCOME CERTIFICATION INSTRUCTIONS Complete fmm, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiaiy. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: ________ _ A. Household Information Member Names-All Household Members Relationship 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave CAC CD18-07PS blank. Family Safety Program B(c) Age Income from Assets 0.00 Page 36 C. Anticipated Annual Income: Includes Unearned Income and Suppori Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overiime) (Enter the 1 greater of 2 . box B(b) or 3 box B(c), 4 above, in box C(e) 5 below) 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The infonnation on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set fo1th in Item A, acceptable verification of current and anticipated annual income. I/we ce1tify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty ofpetjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co-Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) CAC CD18-07PS Family Safety Program Date Date Date Date Page 37 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: D Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/S0th of the Very Low Income (60% ofVLI) percent of the area median income as determined by the U.S. Depattment of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ _____ ). D Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Depattment of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ _____ ). D Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ _____ ). Based upon the _______ (year) income limits for the Naples-Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/ Ethnicit v By Age Native American Hawaiian or Other 0-26-41-Indian Asian Black Other Pac. White 25 40 61 62+ Islander Hispanic Non-Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficia,y is required to give such information he or she desires to do so, and reji,sal to give such information will not affect any right he or she has to the CDBG program. CAC CD18-07PS Family Safety Program Page 38 EXHIBITE ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organizations compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F -Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient I Collier County Child Advocacy Council, Inc. (CAC) Name First Date of Fiscal Year (MM/DDNY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has • I been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of 0MB 2 CFR Part 200, Subpart F because we: • Did not exceed the expenditure threshold for the fiscal year indicated above • • Are a for-profit organization • Are exempt for other reasons - explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we • understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Print Name and Title CAC CD18-07PS Family Safety Program Date 06/18 Page 39