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Backup Documents 09/11/2018 Item #16D19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO p 19 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Ini i s Date 1. Susan Golden Community and Human 9/6/18 Services 2. Jennifer Belpedio County Attorney Office )-(A' (t, I1S 3. BCC Office Board of County AS\P 1 Commissioners / c:cV2- �� 4. Minutes and Records Clerk of Court's Office --/-C- R i �` qP(l t acrg PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Susan Golden/CHS Phone Number 252-2336 Contact/ Department Agenda Date Item was 9/11/2018 Agenda Item Number 16.D.+ji r Approved by the BCC Type of Document HUD Annual Entitlement Agreement for Number of Original S o 'ilva(rc£A-rNc --s )4. Attached 2018-2019 and J??Subrecipient Agreements Documents Attached 3 for FY 2018-19(11)and/for FY2017- sats-eeteh). 7j ©R,, ,p 2018t , PO number or account v',Z��`40,;r� !s**,% Ii>7da Wilt16,.%. number if document is 14-4,1+ A® ti�CV_ � , to be recorded �7 INSTRUCTIONS & OPIECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? J SG 2. Does the document need to be sent to another agency for additional signatures? If yes, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chaiinran's SG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. 1 Some documents are time sensitive and require/forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC 9/11/2018 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's 111. , 91' e Office has reviewed the changes,if applicable. I 9. Initials of attorney verifying that the attached document is the version approved by the ii.. ,- '• BCC,all changes directed by the BCC have been made,and the document is ready for e � . ;i i'` Chairman's signature. li lk© 44 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip MWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16019 FAIN# E18-UC-120016 Federal Award Date EST 10/2018 Federal Award Agency HUD CFDA Name Emergency Solutions Grant (ESG) CFDA/CSFA# 14.231 Total Amount of $27,304.00 Federal Funds Awarded Subrecipient Name NAMI of Collier County, Inc. DUNS# 825230993 FEIN 65-0047747 R&D No Indirect Cost Rate No Period of Performance January 1, 2019—June 30, 2020 Fiscal Year End 6/30 Monitor End: 9/20 AGREEMENT BETWEEN COLLIER COUNTY AND NAMI of Collier County,Inc. Rapid Re-Housing Assistance Project THIS AGREEMENT is made and entered into this 1st day of January, 2019, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "NAMI of Collier County, Inc.", a private not-for-profit corporation existing under the laws of the State of Florida,having its principal office at 6216 Trail Blvd.,Building C,Naples,FL 34108 WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing(HEARTH)Act(24 CFR 576)amending the McKinney-Vento Homeless Act(42 U.S.C. 11371-11378); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance and Homeless Management Information System [HIVIIS]); and NAMI ES 18-002 Rapid Re-Housing Project Page 1 16019 WHEREAS,the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan-One-Year Action Plans for Federal Fiscal Year 2018-2019 for the ESG Program at the July 10, 2018,Agenda Item 11.F.Board of County Commissioners meeting. NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the Parties as follows: PART I SCOPE OF SERVICES The SUBRECIPIENT shall,in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds,as determined by Collier County Community and Human Services Division(CHS),perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant ESG Program,Rapid Re-Housing Project: Project Component One: Rapid Rehousing Rental Assistance including, but not limited to, rent, security deposits, application fees, utility deposits or payments, last month's rent, housing search and placement activities. 1. Project Tasks: a. Pay rent for literally homeless adults with serious mental illnesses. b. Facilitate referrals for participants who chose to participate,for some type of mental health case management services(David Lawrence Center,FACT, Self-Directed Care,Peer Support Specialist Program)to augment support provided by the NAMI ESG Housing Specialist. c. Maintain documentation on all households served in compliance with 24 CFR 576.500 d. Provide quarterly reports on meeting an ESG Eligible Activity 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with funds provided under this Agreement must be used to provide housing relocation and stabilization services and short-and/or medium- term rental assistance as necessary to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing. This assistance, referred to as rapid re-housing assistance, may be provided to program participants who meet the criteria under paragraph (1) of the"homeless"definition in§576.2 or who meet the criteria under paragraph(4) of the "homeless" definition and live in an emergency shelter or other place described in paragraph (1) of the "homeless" definition. The rapid re-housing assistance must be provided in accordance with the housing relocation and stabilization services requirements in §576.105, the short- and medium-term rental assistance requirements in §576.106, and the written standards and procedures established under §576.400. NAMI ES 18-002 Rapid Re-Housing Project Page 2 16D19 1.1 GRANT AND SPECIAL CONDITIONS A. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds. • Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy • Affirmative Action Plan • Conflict of Interest Policy • Procurement Policy • Violence Against Women Act(VAWA)Policy • Sexual Harassment Policy • Fraud Policy Procedure for meeting the requirements set for in Section 3 of the Housing and Urban Development Act of 1968, as amended(12U.S.C. 794 1 u) B. 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 undertake 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. C. Rent Reasonableness prior to occupancy and at the time of lease renewal. D. Homeless Certification prior to occupancy. 1.2 PROJECT DETAILS A. Project Description/Budget The budget identified for the NAMI Rapid Re-Housing shall be as follows: Description Federal Amount ESG Match 1:1 Project Component 1: Rapid Rehousing Rental Assistance $27,304.00 $27,304.00 including, but not limited to,rent, security deposits, application fees, utility deposits or payments, last month's rent, housing search and placement activities. ESG Match Requirement Documentation of $27,304.00 ESG Eligible Matching Funds Total Federal Funds: $27,304.00 $27,304.00 The Subrecipient will accomplish the following checked project tasks: • Maintain and provide to the County, as requested, documented proof of homelessness • Provide Quarterly Reports and project progress NAMI ES18-002 Rapid Re-Housing Project Page 3 16019 Required attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS. B. Program Components/Eligible Activities All services/activities funded with ESG funds must meet one of the ESG program components, as defined in 24 CFR 576: • Street Outreach: funds may cover costs related to essential services for unsheltered persons(including emergency health or mental health care,engagement,case management and services for special populations). • Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management,child care,education,employment assistance and job training,legal,mental health, substance abuse treatment,transportation and services for special populations). • Homelessness Prevention and Rapid Re-Housing: both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement activities).Housing may also be used for short or medium-term rental assistance for those who are at-risk of becoming homeless or transitioning to stable housing. • HMIS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software,or equipment,technical support,office space,salaries of operators,staff training costs and participation fees). C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) agreement, per Section 1.1 agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty(30)days of renewal Submission of Progress Report Exhibit C Quarterly Reports Section 3 Report Quarterly reports on new hire Within 10 days after the end of information the quarter until project is complete(quarterly report) Financial and Compliance Audit Exhibit D 6 Months after FY end NAMI ES18-002 Rapid Re-Housing Project Page 4 010 16019 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Rental Exhibit B, along with proof of rent Monthly by 10th of Assistance to include but not payment as evidenced by canceled check/ month following limited to: Rental payment, banking documents, utility deposit and/or month of service. Utility deposits and/or payments, monthly invoice canceled check/banking Rental application fees, Security documents, proof of homelessness, lease deposits agreement, landlord agreement (initial payment only) and any other documents requested ESG Match Supporting Match documentation Monthly by 10th of month following month of service 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on January 1, 2019 and shall end on June 30,2020. The services/activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement.Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available TWENTY-SEVEN THOUSAND THREE HUNDRED FOUR DOLLARS AND ZERO CENTS ($27,304.00) for use by the SUBRECIPIENT, during the Term of the Agreement(hereinafter, shall be referred to as the "Funds"). Modifications to the"Budget and Scope"may only be made if approved in advance. Budgeted fund shifts between project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a project component shall only be made with Board approval. All services/activities specified in Section I.,Scope of Services and Exhibit"G" shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. 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. 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 ESG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not NAMI ES18-002 Rapid Re-Housing Project Page 5 16019 yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days 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 Subrecipient. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with 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 Subrecipient 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 Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart 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 Subpart E.The Developer will use adequate internal controls,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, and personal delivery, sent by facsimile or other electronic means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. NAMI ES18-002 Rapid Re-Housing Project Page 6 16019 COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email: Carolyn.noble@colliercountyfl.gov Telephone: (239)252-5393 SUBRECIPIENT NAMI of Collier County,Inc. ATTENTION:Pamela Baker, Chief Executive Officer 6216 Trail Boulevard,Building C Naples, Florida 34108 Email: pbaker@namicollier.org Telephone: (239)260-7303 NAMI ES18-002 Rapid Re-Housing Project Page 7 x16019 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review,inspection or audit. Any deficiencies noted in audit reports 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 of future 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 Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The Subrecipient shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this agreement, the ESG Program and all other applicable laws and regulations. This documentation shall include,but not be limited to,the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents,maps, books, records and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the purpose of this agreement shall be made available to the COUNTY, by the SUBRECIPIENT,at any time,upon request by the COUNTY or 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. 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,the SUBRECIPIENT shall keep 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 performance and evaluation report, as prescribed in 2 CFR NAMI ES18-002 Rapid Re-Housing Project Page 8 1601 200.333,with the following exception: if any litigation,claim or audit is started 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 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 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 compliance. F. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR 576.100 and the eligibility requirement(s)under which funding has been received, have been met.These also include special requirements such as necessary and appropriate determinations, as defined in 24 CFR 576.100-104, income certification, and written agreements with beneficiaries, where applicable. G. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this Chapter 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 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) 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. NAMI ES18-002 Rapid Re-Housing Project Page 9 16019 SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports 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-performance based on goals and performance standards, as stated, with all other applicable laws,regulations,and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance,as determined by the COUNTY,will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY,contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE 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 by the 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 reports 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 Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce 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: NAMI ES 18-002 Rapid Re-Housing Project Page 10 16019 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • 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 portion 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 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 properties conveyed, be returned 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 terminated. • 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 project that was terminated. This includes the amount invested by the County for the initial acquisition of the 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. NAMI ES18-002 Rapid Re-Housing Project Page 11 0446\ 16019 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 report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C". Exhibit"C"contains an example reporting 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. 2.7 ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG 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 ESG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds,the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event,the COUNTY may terminate this Agreement,which termination shall be effective as of the date that it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 2.8 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT("FFATA") FFATA reporting requirements will apply to any funding awarded by Collier County, under this Agreement in the amount of $25,000 or greater. The Subrecipient, as a Subrecipient, must provide any information needed pursuant to these requirements. This includes entity information, the unique identifier of the Subrecipient, the unique identifier of Subrecipient's parent, and relevant executive compensation data, if applicable. NAMI ES 18-002 Rapid Re-Housing Project Page 12 t 16019 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations,Part 576,the U.S.Housing and Urban Development regulations concerning HEARTH Act.The SUBRECIPIENT also agrees to comply with all other applicable Federal,State and Local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance,as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement,nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State or governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from ESG grant funds, provided by HUD, and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG funds pertaining to this agreement. In the event of curtailment or non-production of said federal funds,the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event,the COUNTY may terminate this agreement,which termination shall be effective as of the date that it NAMI ES 18-002 Rapid Re-Housing Project Page 13 16019 is determined by the County Manager or designee, in his or her sole discretion and judgment,that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages,losses,costs,and causes of action which may arise out of an act,omission,including,but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this Agreement. 3.7 COUNTY RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,descriptions of the sponsorships of the Program,research reports and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD)AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES" 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 partial terminations,the portion to be terminated. However, if in the case of a partial termination,the Grantee determined that the remaining portion NAMI ES18-002 Rapid Re-Housing Project Page 14 ®nae) 16019 of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules,regulations or provisions referred to herein,or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure,for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement,the County may seek any combination of one or more of the following remedies: A. Require specific performance of the agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all ESG funds that SUBRECIPIENT has received under this agreement; D. Apply sanctions, if determined by the County to be applicable; E. Stop all payments,until identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the agreement is terminated by the County, as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. 3.9 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar-for-dollar, pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may comply with its requirement by providing the matching funds from any source, including any Federal NAMI ES18-002 Rapid Re-Housing Project Page 15 a'PJ 16019 source other than the ESG program, as well as State, Local and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those funds from being used to match ESG funds. In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by HUD, as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions;or 2. Non-cash contributions, calculated per requirements, in 24 CFR 576.201(e), include the value of any real property,equipment,goods,or services contributed to the SUBRECIPIENT's ESG program, provided that if the SUBRECIPIENT had to pay for them with grant funds,the costs would have been allowable.Non-cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building,or of any lease,using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing similar work,the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements,provided the costs are eligible ESG costs that supplement the ESG program. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity),the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of ESG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE 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 SUBRECIPIENTS's performance under the agreement. 3.12 ADNIINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Emergency Solution Grant. (24CFR576 et seq.) NAMI ES 18-002 Rapid Re-Housing Project Page 16 0.0) 16019 President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611,2 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 part by a covered person or an entity owned or controlled, in whole or in part,by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT,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 unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.21 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation and privacy standards as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards(Exhibit E)provided in 24 CFR 576.403(c)and all applicable State and Local housing codes, licensing requirements and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit F). NAMI ES 18-002 Rapid Re-Housing Project Page 19 16019 3.24 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). 3.25 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s)developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 576.406. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and Local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct ESG 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, ESG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG funds in this part. Sanctuaries,chapels,or other rooms that a ESG funded religious congregation uses as its principal place of worship, however, are ineligible for ESG funded improvements. 3.27 INCIDENT REPORTING If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the County. 3.28 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. NAMI ES18-002 Rapid Re-Housing Project Page 20 0444f: 16019 PART IV GENERAL PROVISIONS 1. 24 CFR Part 576 Emergency Solutions Grants Program,as amended.—All the regulations regarding the ESG Program. 2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 58, as amended. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr58 main 02.tpl 3. Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended. https://www.hud.gov/program_ofces/fair housing equal_opp/FHLaws/109 https://www.gpo.gov/fdsys/pkg/PLAW-104pub1120/htmlfPLAW-104pub1120.htm 4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166 https://www.hhs.gov/civil-rights/for-individuals/special-topics/needy-families/civil-rights- requirements/index.html https://www.justice.gov/crt/executive-order-13166 5. Title VIII of the Civil Rights Act of 1968 as amended https://www.eeoc.gov/laws/statutes/titlevii.cfm 6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.law.cornell.edu/cfr/text/24/570.601 7. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. https://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 8. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer.https://www.eeoc.gov/laws/statutes/titlevii.cfm 9. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. https://www.hudexchange.info/resource/2330/24-cfr-part-13 5-section-3-regulations/ NAMI ES18-002 Rapid Re-Housing Project Page 21 16019 10. The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area,and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." 11. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards),housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. 12. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 13. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. https://www.eeoc.gov/laws/statutes/adea.cfm 14. Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 15. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. https://www.hud.gov/sites/documents/5784 N 01 NOTICE 5_15_14.PDF 16. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable https://www.law.cornell.edu/uscode/text/42/12131 17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm 18. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 NAMI ES18-002 Rapid Re-Housing Project Page 22 16019 19. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts.https://ogc.commerce.gov/page/executive-order-11625 20.The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in'24 CFR 570.607, as revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. https://www.law.cornell.edu/cfr/text/24/570.607 21.Public Law 100-430-the Fair Housing Act(42 U.S.C.3601,et seq.)and implementing regulations at 24 CFR Part 100. https://www.gpo.gov/fdsys/pkg/STATUTE-102/pdf/STATUTE-102- Pg 1619.pdf 22. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. https://www.uscis.gov/tools/glossary/immigration-reform- and-control-act-19 86-irca 23.Prohibition Of Gifts To County Employees-No organization or individual shall offer or give,either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee,as set forth in Chapter 112, Part III,Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. http://sp 16/sites/HumanResources/Shared%20Documents/County-Practices-and-Procedures- (C.MA)/CMA%205311%20Code%20of%20Ethics%20and%20Anti%20.Fraud%2ONEW.pdf https://www.collierclerk.com/records-search/bmr-records-search 24.Order of Precedence-In the event of any conflict between or among the terms of any of the Contract Documents,the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement.To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 25.Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court,20th Judicial Court of Florida, if in federal court.BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. NAMI ES18-002 Rapid Re-Housing Project Page 23 16019 26. The SUBRECIPIENT agrees to comply with the following requirements: Clean Air Act,41 U.S.C. 7401, et seq. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information as well as other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued there under. https://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap85.htm https://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-chap26.pdf 27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by Federal Emergency Management Agency (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.fema.gov/media-library/assets/documents/7277 https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-605 28.All shelters assisted under the ESG program and all housing occupied by program participants must adhere to the requirement of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846),the Residential Lead-Based Paint Hazard Reduction Act of 1992(42 U.S.C.4851-4856)and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M and R. Such regulations pertain to all HUD-assisted housing and require that all owners,prospective owners and tenants of properties construction prior to 1978 be properly notified that such properties may include lead- based paint. Such notifications shall point out the hazards of lead-based paints and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven.The notice should also point out that if lead based paint is found on the property,abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property,paint testing,risk assessment,treatment and/or abatement may be conducted. http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter63&edition=prelim 29.The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. https://www.nps.gov/history/local-law/nhpa1966.htm 30. 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. 31.The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988(41 U.S.C.701).https://www.gpo.gov/fdsys/granule/USCODE- 2009-title41/U SCODE-2009-title41-chap 10-sec701/content-detail.html 32.The SUBRECIPIENT agrees that no funds provided,nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo.gov/fdsys/granule/USCODE- NAMI ES18-002 Rapid Re-Housing Project Page 24 1r 16D19 2009-title41/USCODE-2009-title41-chap 10-sec701/content-detail.html 33. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.law.cornell.edu/cfr/text/24/part-570/subpart-K 34.The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 35. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180)days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB Audits of States,Local Governments,and Non-Profit Organizations.If this Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 36. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 https://www.gpo.gov/fdsys/pkg/PLAW-109pub1282/pdf/PLAW- 109pub1282.pdf 37. 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, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling(See 49 CFR 24.505(c)(2)(ii)(D). https://www.gpo.gov/fdsys/granule/CFR-2009-title49-vo11/CFR- 2009-title49-vol 1-part24 38.As provided in§287.133,Florida Statutes by entering into this Agreement or performing any work in furtherance hereof,the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.133.html 39. Lobbying - 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. NAMI ES18-002 Rapid Re-Housing Project Page 25 16019 40. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions and shall comply with 24 CFR part 87. https://www.law.comell.edu/cfr/text/24/part-87 41. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontracts,sub-grants,contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly; 42. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.C.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. https://www.gpo.gov/fdsys/granule/USCODE-2010- title31/USCODE-2010-title31-subtitlelI-chap 13-subchaplIl-sec 13 52/content-detail.html 43. 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/travel/plan-book/per-diem-rates 44.Any rule or regulation determined to be applicable by HUD. 45.Florida Statutes 119.021 Records Retention https://m.flsenate.gov/Statutes/119.021 46.Florida Statutes, 119.071,Contracts and Public Records https://www.lawserver.com/law/state/florida/statutes/florida statutes_119-07 47.Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2,but who are defined under Section 387(3)of the Runaway and Homeless Youth Act(42 U.S.C. 5732a(3)), Section 637(11)of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6)of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A)of the Public Health Service Act(42 U.S.C.254b(h)(5)(A)), Section 3(m)of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15)of the Child Nutrition Act of 1966(U.S.C. 1786(b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11434a(2)) https://www.federalregister.gov/documents/2016/12/20/2016-3 0241/runaway-and-homeless- youth 48. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https://www.epa.gov/enforcement/resource-conservation-and-recovery-act-rcra-and-federal- facilities https://www.law.cornell.edu/cfr/text/40/247.1 (Signature Page to Follow) NAMI ES 18-002 Rapid Re-Housing Project Page 26 �9 AUG 8 1.8 p14:03 E 16019 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized I person or agent,hereunder set their hands and seals on the date first written above. ATTEST, CRYSTAL K. KINZEL, 1 CLERK - BOARD 0- CO. TY coy ,ONERS OF {_ 1 COLLIE' 0 ► Y,FLOR 0 A / 0 '- .mss( 1 10'C . By: /A�, .`L. �� %�e'u erk fiV ilL , ' 'AI AN Attest as f' 4um- signature only: Date: 7/11/i) 1' Dated: q rl --I C, NAMI of Collier County,Inc. (SEAL) By: a--_ Pamela Backer, hief Executive Officer Date: S`o 7/` e Appred as to form and egality: Jennif . Belpedio Assistant County Attorney Date: clii 1 i ,\ NAMI ES 18-002 Rapid Re-Housing Project Page 27 1 60 1 9 EXHIBIT"A" INSURANCE REQUIREMENTS The SUBRECIPIENT 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one hundred(100%) percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). NAMI ES 18-002 Rapid Re-Housing Project Page 28 16019 OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an"All Risk"basis in an amount not less than one hundred(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. NAMI ES18-002 Rapid Re-Housing Project Page 29 0.. 16019 EXHIBIT"B" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name:NATIONAL ALLIANCE ON MENTAL ILLNESS OF COLLIER COUNTY,INC Subrecipient Address: 6216 Trail Boulevard,Building C,Naples,FL 34108 Project Name: Emergency Solutions Grant—Rapid Re-Housing Assistance Project Project No: Payment Request# Total Payment Minus Retainage: Period of Availability: 01/01/2019 through 06/30/2020 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1.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 NA) $ NA 6.Current Grant Balance (Initial Grant Amount Award request)(includes Retainage) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor - Division Director (Approval required $15,000 and above) (Approval Required $15,000 and above) NAMI ES I8-002 Rapid Re-Housing Project Page 30 16019 EXHIBIT"C" Emergency Shelter Grants (ESG)Program Client Report Period: Fiscal Year: Contract Number: Organization/s: Program/s: Contact Name: Contact Number: Characteristics Report Report Selection Criteria Ethnicity Non- Race Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial 2.Number of adults and children served: a. Residential Number of Adults Number of Children Number of Unknown Age b. Non Residential Number of Adults Number of Children Number of Unknown Age 3.Number of individuals/families served, by categories: Number of individual households (singles) Unaccompanied 18 and over Male Female Unaccompanied 17 and under Male Female NAMI ES18-002 Rapid Re-Housing Project Page 31 161319 Number of Families with children Headed by single 18 and over Male Female Headed by single 17 and under Male Female Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL 4. Total project(s)/service(s) provided to clients in range: a. emergency shelter facilities shelter h. employment b. vouchers for shelters i. transitional c. drop-in center j. outreach d. food pantry k. soup kitchen/meal distribution e. mental health 1. health care f. alcohol/drug m. HIV/AIDS services g. child care n. other(please list) 5.Number of clients served by sub population (duplicated count): a. Chronically Homeless f. Chronic Substance Abuse(alcohol and/or drug) b. Victims of Domestic Violence g. Severely Mentally Ill c. Elderly h. Runaway/throwaway youth d. Veterans i. Other disability (Physical and/or e. Individuals with HIV/AIDS Developmental) (Chronically Homeless-HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Barracks Hotel/Motel Group/Large House Other Apartment/Complex Scattered Site Apartment Other Single Family Duplex Single Family Detached House Other Single Room Occupancy TOTAL Mobile Home/Trailer NAMI ES 18-002 Rapid Re-Housing Project Page 32 e 16D19 EXHIBIT"D" 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 Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during most during most recently completed Fiscal Year 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 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 OMB 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 fmancial 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 Date Print Name and Title 06/18 NAMI ES18-002 Rapid Re-Housing Project Page 33 �6a 16019 EXHIBIT"E" PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials.The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation(including major rehabilitation and conversion)carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access.The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act(29 U.S.C. 794)and implementing regulations at 24 CFR Part 8;the Fair Housing Act (42 U.S.C. 360, et seq.)and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act(42 U.S.C. 12131,et. Seq.)and 28 CFR part 35;where applicable. (3) Space and security.Except where the shelter is intended for day use only,the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity.The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store,prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter.Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector.There must also be a second means of exiting the building in the event of fire or other emergency. NAMI ES18-002 Rapid Re-Housing Project Page 34 . 16D 19 EXHIBIT "F" COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year;developing the performance standards for,and evaluating the outcomes of,projects and activities assisted by ESG funds;and developing funding,policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for that area.These programs include: (1) Shelter Plus Care Program(24 CFR part 582); (2) Supportive Housing Program (24 CFR part 583); (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals(24 CFR part 882); (4) HUD—Veterans Affairs Supportive Housing (HUD–VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008)); (5) Education for Homeless Children and Youth Grants for State and Local Activities(title VII– B of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq.)); (6) Grants for the Benefit of Homeless Individuals(section 506 of the Public Health Services Act(42 U.S.C. 290aa-5); (7) Healthcare for the Homeless(42 CFR part 51c); (8) Programs for Runaway and Homeless Youth(Runaway and Homeless Youth Act(42 U.S.C. 5701 et seq.)); (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act(42 U.S.C. 290cc-21 et seq.)); (10) Services in Supportive Housing Grants(section 520A of the Public Health Service Act); (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11331 et seq.)); (12) Transitional Housing Assistance Grants for Victims of Sexual Assault,Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act(42 U.S.C. 13975)); (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act(38 U.S.C.2021); (14) Domiciliary Care for Homeless Veterans Program(38 U.S.C.2043); (15) VA Homeless Providers Grant and Per Diem Program(38 CFR part 61); (16) Health Care for Homeless Veterans Program(38 U.S.C. 2031); (17) Homeless Veterans Dental Program (38 U.S.C. 2062); (18) Supportive Services for Veteran Families Program(38 CFR part 62); and (19) Veteran Justice Outreach Initiative(38 U.S.C.2031). NAMI ES18-002 Rapid Re-Housing Project Page 35 16D19 (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate,to the maximum extent practicable,ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g)(24 CFR parts 905, 968, and 990); (2) Housing programs receiving tenant-based or project-based assistance under section 8 of the U.S.Housing Act of 1937(42 U.S.C. 14370(respectively 24 CFR parts 982 and 983); (3) Supportive Housing for Persons with Disabilities(Section 811)(24 CFR part 891); (4) HOME Investment Partnerships Program(24 CFR part 92); (5) Temporary Assistance for Needy Families(TANF)(45 CFR parts 260-265); (6) Health Center Program (42 CFR part 51c); (7) State Children's Health Insurance Program(42 CFR part 457): (8) Head Start(45 CFR chapter XIII, subchapter B); (9) Mental Health and Substance Abuse Block Grants(45 CFR part 96); and (10) Services funded under the Workforce Investment Act(29 U.S.C. 2801 et seq. ). (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The recipient and subrecipient must work with the Continuum of Care to ensure the screening,assessment and referral of program participants are consistent with the written standards required by paragraph(e)of this section.A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. 1The COUNTY must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. The recipient must describe these standards in its consolidated plan. At a minimum these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG; (2) Standards for targeting and providing essential services related to street outreach; (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest; (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter; (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re-housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable); NAMI R 2 Rapid apid Re-Housing Project Page 36 16019 (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re-housing assistance; (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re-housing assistance; (8) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time; and (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide to a program participant, including the limits,if any, on the homelessness prevention or rapid re-housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant receive assistance; or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection,and reporting under a local HMIS. If the subrecipient is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. NAMI ES18-002 Rapid Re-Housing Project Page 37 ��+ 16019 EXHIBIT "G" RAPID RE-HOUSING The Subrecipient must assist each program participant, as needed,to obtain: Supportive Services A. Appropriate supportive services, including assistance in obtaining permanent housing, medical health treatment,mental health treatment, counseling, supervision, and other services essential for achieving independent living; and B.Other Federal, State, local, and private assistance available to assist the program participant in obtaining housing stability, including: (i.) Medicaid(42 CFR chapter IV, subchapter C): (ii.) Supplemental Nutrition Assistance Program (7 CFR parts 271-283); (iii.) Women,Infants and Children(WIC) (7 CFR part 246); (iv.) Federal-State Unemployment Insurance Program (20 CFR parts 601-603, 606, 609, 614-617, 625, 640, 650); (v.) Social Security Disability Insurance(SSDI)(20 CFR part 404); (vi.) Supplemental Security Income(SSI) (20 CFR part 416); (vii.) Child and Adult Care Food Program (42 U.S.C. 1766(t)(7 CFR part 226)); (viii.) Other assistance available under the programs listed in 24 CFR 576.400(c). Participation of Homeless/Formerly Homeless Individuals: The Subrecipient should make efforts to provide for participation of homeless individuals or formerly homeless individuals on its board of directors or equivalent policy-making entity that considers and makes policies and decisions regarding any facility, services,or other assistance received through this Agreement. Further, to the maximum extent practicable, the Subrecipient shall involve homeless individuals and families,through employment or as volunteers, in maintaining and operating facilities,providing activities for, and providing services to occupants of facilities assisted through this agreement. Confidentiality: A. The subrecipient must develop and implement written procedures to ensure: (i)All records containing personally identifying information(as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and/or receives ESG-RRHP assistance will be kept secure and confidential; (ii) The address or location of any domestic violence, dating violence,sexual assault, or stalking shelter project assisted under the ESG-RRHP will not be made public, except with written authorization of the person responsible for the operation of the shelter; and (iii)The address or location of any housing of a program participant will not be made public, except as provided under a preexisting privacy policy of the subrecipient and consistent with state and local laws regarding privacy and obligations of confidentiality. B. The confidentiality procedures of the subrecipient must be in writing and must be maintained in accordance with this section. NAMI ES 18-002 ;� Rapid Re-Housing Project Page 38 16D19 Evaluation of Program Participant's Eligibility and Needs: A. Evaluations: The Subrecipient must conduct an initial evaluation to determine the eligibility of each individual or family's eligibility for ESG-RRHP assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the assessment requirements set forth under 24 CFR 576.400(d)and the written standards established under 24 CFR 576.400(e). B. Re-evaluations for rapid re-housing assistance. (1) The Subrecipient must re-evaluate the program participant's eligibility and the types and amounts of assistance the program participant needs not less than once annually for program participants receiving rapid re-housing assistance.At a minimum,each re-evaluation of eligibility must establish that: (i)The program participant does not have an annual income that exceeds thirty percent(30)percent of median family income for the area,as determined by HUD; and (ii) The program participant lacks sufficient resources and support networks necessary to retain housing without ESG-RRHP assistance. C. The Subrecipient must require each program participant receiving ESG-RRHP assistance to notify it regarding changes in the program participant's income or other circumstances(e.g., changes in household composition)that affect the program participant's need for assistance under ESG-RRHP. When notified of a relevant change,the Subrecipient must re-evaluate the program participant's eligibility and the amount and types of assistance the program participant needs. Rental Assistance Agreement: The Subrecipient may make rental assistance payments only to an owner with whom the Subrecipient has entered into a rental assistance agreement. The rental assistance agreement must set forth the terms under which rental assistance will be provided.The rental assistance agreement must provide that,during the term of the agreement,the owner must give the Subrecipient a copy of any notice to the program participant to vacate the housing unit, or any complaint used under state or local law to commence an eviction action against the program participant. The Subrecipient must make timely payments to each owner in accordance with the rental assistance agreement. The rental assistance agreement must contain the same payment due date, grace period, and late payment penalty requirements as the program participant's lease.The Subrecipient is solely responsible for paying late payment penalties that it incurs with non-ESG-RRHP funds. Leases: The Subrecipient agrees that each program participant receiving rental assistance must have a legally binding,written lease for the rental unit,unless the assistance is solely for rental arrears.The lease must be between the owner and the program participant. Where the assistance is solely for rental arrears, an oral agreement may be accepted in place of a written lease, if the agreement gives the program participant an enforceable leasehold interest under state law and the agreement and rent owed are sufficiently documented by the owner's financial records,rent ledgers,or canceled checks.For program participants living in housing with project-based rental assistance,the lease must have an initial term of one year. NAMI 02 Rapid Re-Housing Project Page 39 cam' Rapid 16019 Case Management: The Subrecipient must require each program participant to meet with a case manager not less than once per month to assist the program participant in ensuring long-term housing stability; and Develop a plan to assist the program participant to retain permanent housing after the ESG-RRHP assistance ends,taking into account all relevant considerations, such as the program participant's current or expected income and expenses; other public or private assistance for which the program participant will be eligible and likely to receive; and the relative affordability of available housing in the area. The Subrecipient is exempt from the requirement under paragraph'(e)(1)(i) of this section if the Violence Against Women Act of 1994(42 U.S.C. 13701 et seq.)or the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) prohibits that recipient or subrecipient from making its shelter or housing conditional on the participant's acceptance of services. Tenant-Based Rental Assistance: A.A program participant who receives tenant-based rental assistance may select a housing unit in which to live and may move to another unit or building and continue to receive rental assistance, as long as the program participant continues to meet the program requirements B. The subrecipient may require that all program participants live within a particular area for the period in which the rental assistance is provided. C.The rental assistance agreement with the owner must terminate and no further rental assistance payments under that agreement may be made if: (i)The program participant moves out of the housing unit for which the program participant has a lease; (ii)The lease terminates and is not renewed; or (iii)The program participant becomes ineligible to receive ESG-RRHP rental assistance. D. When the Subrecipient enters into a rental assistance agreement with a participant/tenant ("RAP"), it will be obligated to provide rental assistance on behalf of that participant/tenant throughout the term of the RAP unless Collier County terminates this Agreement or if any of the conditions occur that warrant termination. Affirmative Outreach: The Subrecipient must make known that use of the facilities,assistance,and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the recipient or Subrecipient intends to use to make known the availability of the facilities, assistance, and services will to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services, the Subrecipient must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The Subrecipients must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, Subrecipients are also required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency(LEP)persons. NAMI ES18-002 Rapid Re-Housing Project Page 40 C-� 16019 Meaningful Access to the ESG-RRHP Program for Limited English Proficient Persons: Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak,read,write, or understand English("limited English proficient persons"or "LEP")may be entitled to language assistance under Title VI in order to receive a particular service, benefit,or encounter.In accordance with Title VI of the Civil Rights Act of 1964(Title VI)and its implementing regulations,the Subrecipient agrees to take reasonable steps to ensure meaningful access to activities for LEP persons.Any of the following actions could constitute"reasonable steps", depending on the circumstances: acquiring translators to translate vital documents, advertisements,or notices,acquiring interpreters for face to face interviews with LEP persons,placing advertisements and notices in newspapers that serve LEP persons,partnering with other organizations that serve LEP populations to provide interpretation,translation,or dissemination of information regarding the project,hiring bilingual employees or volunteers for outreach and intake activities,contracting with a telephone line interpreter service,etc. Terminating Assistance: If a program participant violates program requirements, the Subrecipient may terminate the assistance in accordance with a formal process established by the Subrecipient and this process shall recognize the rights of individuals affected. The Subrecipient must exercise judgment and examine all extenuating circumstances in determining when violations warrant termination so that a program participant's assistance is terminated only in the most severe cases. To terminate rental assistance to a program participant, the required formal process,at a minimum,must consist of: A. Written notice to the program participant containing a clear statement of the reasons for termination; B.A review of the decision,in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and C. Prompt written notice of the final decision to the program participant. Termination does not bar the Subrecipient from providing further assistance at a later date to the same family or individual Housing Quality Standards: The Subrecipient cannot use ESG-RRHP funds to help a program participant remain or move into housing that does not meet the habitability standards set forth in 24 CFR 576.403 (c)as detailed in Exhibit"F". Lead-Based Paint Remediation and Disclosure: The Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4821-4846),the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35, subparts A,B,H,J,K,M,and R apply to all housing occupied by program participants. NAMI ES 18-002 Rapid Re-Housing Project Page 41 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 1 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Ini i is Date 1. Susan Golden Community and Human 9/6/18 Services 2. Jennifer Belpedio County Attorney Office i i►, l 3. BCCff O lce Board of County As\\P,,-3\ Commissioners l / `R\wZ\\'S, 4. Minutes and Records Clerk of Court's Office ---ta q i I v! PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Susan Golden/CHS Phone Number 252-2336 Contact/ Department Agenda Date Item was 9/11/2018 fr + ,Agenda Item Number 16.D. q 17" Approved by the BCC ! ti Type of Document HUD Annual Entitlement Agreement for Number of Original Std Qcrscs,ir,r Attached 2018-2019 and jeSubrecipient Agreements Documents Attached for FY 2018-19(11)and/for FY2017- s t h} o r`A....`"�`` 20181 � .., PO number or account q!,:• 4L•'{•11''.`ce :IF''rD .4 irs7l - number if document is f o '1-SL.`. z# 44 to be recorded INSTRUCTIONS & CIIIECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S SG 2. Does the document need to be sent to another agency for additional signatures? If yes, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require,4'orwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC 9/11/2018 and all changes made during the /►'` I L t. „m;$ meeting have been incorporated in the attached document. The County Attorney's 1 :E 4r� 4fiit Office has reviewed the changes,if applicable. ` ,,. re 9. Initials of attorney verifying that the attached document is the version approved by the r-`!"'. ' :' t 'r BCC,all changes directed by the BCC have been made,and the document is ready for. e v .}s, +ptlarif~or Chairman's signature. S , i I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05:Revised 11/30/12 16D19 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 $50,000 Funds Awarded Subrecipient Name United Cerebral Palsy of Southwest Florida,Inc. (UCP) DUNS# 078476765 FEIN 59-1796622 R&D No Indirect Cost Rate No Period of Performance 10/01/2018-09/30/2019 Fiscal Year End 6/30 Monitor End: 12/2019 AGREEMENT BETWEEN COLLIER COUNTY AND UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA,INC. THIS AGREEMENT is made and entered into this day of ) 20\Z 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 United Cerebral Palsy of Southwest Florida, Inc., (UCP), ("SUBRECIPIENT"), having its principal office at 9040 Sunset Drive, Miami, FL 33173. 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-H; 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 UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 1 9 16019 WHEREAS,the County and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CD18-06PS UCP Free to Be Me—Transportation Project. NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the Parties 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:Public Services-Free to Be Me Description of project and outcome: CHS as an administrator of the CDBG program will make available CDBG FY2018-2019 funds up to the gross amount of$50,000 to United Cerebral Palsy of Southwest Florida,Inc.(UCP)to be used to support salaries for staff and drivers to transport persons with disabilities. Activities will include but not be limited to:transportation and expanded services for adult persons with disabilities to and from residence, facility and social/community integration and inclusion outings 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: • Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy • Procurement Policy ❑ Uniform Relocation Act Policy Sexual Harassment Policy • 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 1 u) ❑ Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. 794) UCP C018-06P5 Public Services-Free To Be Me-Transportation Services Page 2 16019 Fraud Policy 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 undertake 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-Free to Be Me Federal Amount Project Component 1: CDBG funds are to support salaries for staff and drivers to $50,000 transport persons with disabilities. Activities will include but not be limited to: transportation services throughout the week and may include weekends for adult persons with disabilities allowing them to access vital Life Skills, community inclusion events, employment training, day training, medical appointments, wellness activities, prescription pickup, shopping, and other vital activities for daily living. *Beneficiaries may be transported to various sites to enhance their life learning and social skills Total Federal Funds: $50,000 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance • Maintain and provide to the County, as requested, beneficiary income certification documentation • Maintain National Objective Documentation • Provide Quarterly Reports on National Objectives and project progress • Required attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. n Identify Lead Project Manager n Provide Site Design and Specifications Comply with Davis Bacon Labor Standards Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA),if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible I I Ensure the applicable affordability period for the project is met UCP CD18-06PS 0:1) Public Services-Free To Be Me-Transportation Services Page 3 16019 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: ❑ LMA—Low/Mod Area Benefit LMC—Low/Mod Clientele Benefit n LMH—Low/Mod Housing Benefit n 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 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 Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) agreement agreement execution Insurance Exhibit A Within 30 days of agreement execution and Annually within thirty(30)days of renewal Detailed project Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specifications Not Applicable Subcontractor Log Subcontractor Log Not Applicable Submission of Progress Report Exhibit C Quarterly within 10 days following the end of the quarter. Final after closeout monitoring Section 3 Report Quarterly report of new hire Quarterly information UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 4 16019 Financial and Compliance Audit Exhibit E Annually,nine(9)months for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit,if Not Applicable applicable Revenue Plan for maintenance Plan approved by the County Not Applicable and Capital Reserve Program Income Reuse Plan Plan Approved by the County Not Applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: CDBG Submission of supporting documents must Submission of funds are to support salaries for be provided as backup as evidenced by monthly invoices. staff and drivers to transport invoice/Timecards/Payroll persons with disabilities. Registers/Summary/canceled checks or banking. documents/Exhibit B and any Activities will include but not be additional documentation as requested. limited to:transportation services throughout the week and may Following close out include weekends for adult 10%retainage released upon final monitoring persons with disabilities allowing monitoring clearance and completion of them to access vital Social, activities Community and Life Skills inclusion events, employment training, medical appointments, wellness activities, prescription pickup, shopping, day treatment, and other vital activities *Beneficiaries may be transported to various sites to enhance their life learning skills 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. UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 5 16019 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on October 1, 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 SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Fifty Thousand Dollars and no cents($50,000.00) for use by the SUBRECIPIENT, 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. 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 every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement.Work performed during the term of the program but not invoiced within 90 days 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 SUBRECIPIENT. 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 and in compliance with Ch.218, Pat VII,Florida Statutes,otherwise known as the"Local Government Prompt Payment Act." UCP PD18-0ePS Public Services-Free To Be Me-Transportation Services Page 6 16019 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 SUBRECIPIENT 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 Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart 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 Subpart E. The Developer will use adequate internal controls, 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 delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rose Munoz Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email: Rosa.Munoz(iicolliercountyfl.gov Telephone: (239)252-5713 SUBRECIPIENT ATTENTION:Kirk Zaremba and Cassy Beaver United Cerebral Palsy of Southwest Florida,Inc. 9040 Sunset Drive Miami,Florida 33173 Emaihkzaremba@sunrisegroup.org kzaremba@sunrisegroup.org cassandrabeaver(2I sunrisegroup.org Telephone: (305)-273-3055 &(239)-643-5338 Ext 101 UCP ' CD18-06PS Public Services-Free To Be Me-Transportation Services Page 7 16019 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review,inspection or audit. Any deficiencies noted in audit reports 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 of future 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 Part 200, Subpart 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. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed,prepared, assembled,or completed by the SUBRECIPIENT for the purpose of this agreement shall be made available to the COUNTY, by the SUBRECIPIENT,at any time,upon request by the COUNTY or 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. UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 8 • 16019 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 performance and evaluation report, as prescribed in 2 CFR 200.333,with the following exception: if any litigation,claim or audit is started before the expiration date of the five(5)year period,the records will be maintained until all litigation, claim or audit fmdings 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 SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, MichaelCox(a colliercountyfl.2ov, 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 compliance. 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 UCP PD18-0ePS Public Services-Free To Be Me-Transportation Services Page 9 1111) 16019 determinations, as defined in 24 CFR 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 CFR 200.336 and 2 CFR 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. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports 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-performance, based on goals and performance standards, as stated, with all other applicable laws,regulations,and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance,as determined by the COUNTY,will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY,contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF I RAUD AND ABUSE 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 UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 10 ®1/3. 16019 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 reports 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 Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce 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: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • 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 portion 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. UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 11 0/13 16019 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 properties conveyed,be returned 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 terminated. • 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 report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C". Exhibit"C" contains an example reporting 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. UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 12 } 16019 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants(CDBG)),including subpart K of these regulations,except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 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 otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an"independent contractor"with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance,as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this agreement, at any time, provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this agreement. The COUNTY may,in its discretion,amend this agreement to conform with Federal, State or Local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to UCP CD18—o6PS Public Services-Free To Be Me-Transportation Services Page 13 16019 be undertaken as part 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 curtailment 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 fmancial sources necessary to continue to pay the SUBRECIPIENT all or any portions 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 terms of this agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages,losses,costs,and causes of action which may arise out of an act,omission,including,but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPTENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments which may issue 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, advertisements,descriptions of the sponsorships of the Program,research reports and similar public UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 14 16019 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 partial 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 referred to herein,or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure,for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; C. Ineffective or improper use of funds provided under this agreement; D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this agreement; G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 15 16019 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 determined by the COUNTY to be applicable; E. Stop all payments,until identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination.If the agreement is terminated by the COUNTY,as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this agreement 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 property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE 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 SUBRECIPIENT's performance under the agreement. UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 16 16019 3.11 ADMINISTRATIVE REQUIREMENTS , The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, 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(ITB,RFP, etc.) All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into 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 SUBRECIPIENT 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 UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 17 ► 16019 ' 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, 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 $0-$3,000 1 Verbal Quote $3,000- $10,000 3 Verbal Quotes $10,000 -$50,000 3 Written Quotes $50,000+ Bids,Proposals, Contracts(ITB,RFP,etc.) All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPTENT 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 SUBRECIPIENT may close out the project with the COUNTY after the five (5) UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 17 16019 year continued use period has been met (for public services, after the period of performance set forth 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 CFR 200.343. 3.15 OPPORTUNI'1'1I S FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,discrimination under any activity carried out by the performance of this agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a)of the Small Business Act,as amended(15 U.S.C. 632), and"minority and women's business enterprise"means a business at least fifty-one (51)percent owned and controlled by minority group members or women. For the purpose of this defmition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 18 16019 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 participating 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 carry out, pursuant to the COUNTY's specifications, an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 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 fmancial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 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 part by a covered person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT,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 unreasonably impede the statutory requirement that maximum UCP CD1S-06PS Public Services-Free To Be Me-Transportation Services Page 19 19 16019 opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and Local governments and may continue to carry out its mission, including the defmition, practice and expression of its religious beliefs,provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship,religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 SEVERABILITY • Should any provision of the agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 20 oa 16019 PART IV GENERAL PROVISIONS 4.1 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 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: https://www.ecfr.gov/cgi-bin/text idx?tpl=/ecfrbrowse/Title24/24cfr58_main 02.tpl 4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act. http://www.h ud.gov/offices/fheo/I i bra ry/h uddo jstatement.pdfhttps://www.hud.gov/program_of fives/fair_housing equal_opp/ReasonableAccommodations 15 Executive Order 11063—Equal Opportunity in Housing https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EXO11063 Executive Order 11259-Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.hud.gov/program_offices/fair housing equal opp/FHLaws/EXO11246 EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC§2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 21 16019 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 performed under this agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible,priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC_12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 22 16019 https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135 main_0241 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://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing_equal opp/FHLaws/E XO11063 11246: https://www.doLgov/ofccp/regs/statutes/eo11246.htm 11375:Amended by EO 11478 11478:https://www.archives.gov/federal-register/codification/executivc-order!11478.htm1 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.htm1 12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.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.comell.edu/cfr/text/24/570.614 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/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects, as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States - https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.comell.edu/cfr/text/29/part-5 UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 23 0 16019 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 participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. haps://www.archives.gov/federal-register/codification/executive-order/11625.html 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: https://www.gpo.gov/fdsys/pkg/CFR-2010-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/12289709 4.19 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles,and Audit requirements for Grants and Agreements. haps://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tp1 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 III, 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 part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 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 terms of any Supplemental Conditions shall take precedence over the agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any,or the agreement,the conflict shall UCP CD18—o6PS Public Services-Free To Be Me-Transportation Services Page 24 0 16019 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 party to this agreement against the other party,relating to or arising out of this agreement, must be brought in the appropriate federal or state courts, in Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes.The litigation arising out of this agreement shall be adjudicated in Collier County,Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. 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.eduluscode/text/42/7401 b. Federal Water Pollution Control 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 Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate,a letter of map amendment(LOMA) may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood insurance. 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, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163 UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 25 16019 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. https://www.nps.gov/history/local-law/nhpa1966.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/history/local-law/nhpa1966.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-title41/USCODE-2009-title41-chap 10- sec701 4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.law.cornell.edu/cfr/text/24/570.609 4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, 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 of 2 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. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 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 UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 26 16019 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-vol l/CFR-1999-title49-vol l-sec24-101 https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 As provided in§287.133,Florida Statutes,by entering into this agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by§ 287.133 (3)(a),Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.html 435 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 Report Lobbying",in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 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. https://www.govregs.com/regulations/expand/title24 part5_subpartA_section5.106 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 UCP P8-0eP5 Public Services-Free To Be Me-Transportation Services Page 27t1:11 1160 19 HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x,per 24 CFR 5.111. https:/Iwww.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.cornell.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- reauthorization-act-of-2013-implementation-in-hud-housing-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/Statutes/index.cfn?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=0100- 0199/0119/Sections/0119.021.html 4.43 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.021.html (Signature Page to Follow) UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 28 0 16019 IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF 0 ` Y CO • ERS OF CRYSTAL K.KINZEL,,. c _ COLLIER ' 0 Y • CLERK By: CULL" ,4 4 �• '+'•"' SOUS, C • IRMAN o...:.:, .. ,�:. ►E'W CLERK AttestastI - al • signature only. Date: 9/II) f Dated: —1 - I - ~ CJ"t 0 United Cerebral Palsy of Southwest Florida,Inc. (SEAL) By: Ale n Kelleher, CFO-Secretary/Treasurer Date: RI f Approved as to fo •d legality: Ike I I JenniOwA. Belpedi Assistant CountyAttorney Date: 91.( ilz UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 29 16019 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.This insurance shall be maintained for a period of two(2)years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 30 OVD 16019 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA)as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 31 4:11) 16019 EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION I:REQUEST FOR PAYMENT Subrecipient Name:_United Cerebral Palsy of Southwest Florida,Inc. (UCP) Subrecipient Address: _9040 Sunset Drive,Miami FL 33173 Project Name: Free to Be Me-Transportation Program Project No: CD18-06PS IDIS#5XX 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 1.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) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required$15,000 and above) UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 32 OV EXHIBIT C 16019 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 information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. Agency Name: United Cerebral Palsy of Southwest FL(UCP) Date: • Project Title: Public Service-Free to Be Me-Transportation Program Program Contact: Kirk Zaremba and/or Cassy Beaver Telephone Number: 305-273-3055 &239- 643-5338 Ext 101 Activity Reporting Fenod Report Due Date IDIS# SXX October 1st-December 31st January 1Utti January 1st-March 31st April April 10th 1st-June 30th July 10th July 1st-September 30th October 10th *REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): 12/31/18 ❑ 03/31/19 0 06/30/19 09/30/19 Please take note: The CDBG/HOME/ESG Program year begins October 1 2018-September 30,2019. Each quarterly report needs to include cumulative data beginning from the start of the program year October 1,2018. 1 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 approved application&subrecipient agreement. Outcome 1:40 Adult persons with disabilities will benefit from the transportation services Outcome 2: :Maintain staff and drivers to deliver the transportation program Outcome 3:Documentation of national objective achievement,LMI/LMC-Presumed Low Mod Clientele B. Goal Progress:Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule? Yes No If No Explain: 3.Since October 1,2018-of the persons assisted,how many.... Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard?0 Total 0 UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 33 16019 4 What funding sources did the subrecipient apply for this period? Section 108 Loan Guarantee $ _ CDBG i - Other Consolidated Plan Funds $ - HOME - Other Federal Funds ESG State/Local Funds $ - HOPWA I.__ - Total Entitlement $ $ - Funds 5. 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 LMH activities:Households,race/ethnicity and income level data are reported by households,regardless the number of persons in the household. a. Total No.Persons/Adults 0 Total No.of persons served under 18:(LMC) 0 served:(LMC) QTR TOTAL#of Persons: 0 QTR TOTAL#Persons: 0 b. Total No.of Households served: 0 Total No.of female head of household:(LMH) 0 OTR TOTAL#of 0 OTR FHH 0 What is the total number of UNDUPLICATED clients 6. served since October,if applicable? Answer question 6a or 6b not both a. Total No.Persons/Adults served:(LMC) 0 Total No.of persons Served under 18: 0 (LMC) II YTD TOTAL: 0 YTD TTL: 0 b. Total No.of Households served:(LMH) 0 Total No.of female head of 0 household:(LMH) YTD TOTAL: 0 I YTD TOTAL: I 0 Complete EITHER question 7 or question 8 not both Complete question#7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. PRESUMED BENEFICIARY DATA ONLY: 7. (LMC)Quarter PRESUMED BENEFICIARY DATA ONLY:(LMC)YTD Indicate the total number of UNDUPLICA'TE'D Indicate the total number of UNDUPLICATED persons served persons served this quarter who fall into each since October 1 who fall into each presumed benefit category presumed benefit category(the total should equal (the total should equal the total in question#6 a or 6 the total in question#6 a or 6 b): b): a. Presumed Benefit Activities Only:(LMC)QTR b. Presumed Benefit Activities Only:(LMC)YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm workers LI 0 Migrant Farm workers LI 0 Battered Spouses LI 0 Battered Spouses I LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD O Illiterate Adults LI 0 Illiterate Adults LI O Severely Disabled Adults LI 0 Severely Disabled Adults LI O QUARTER TOTAL 0 YTD TOTAL UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 34 16019 Complete question#8a and 8b if any client in your program does not fall into a Presumed Benefit category. OTHER BENEFICIARY DATA:INCOME RANGE 8. OTHER BENEFICIARY DATA:INCOME RANGE Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons persons served this Quarter(QTR)who fall into each served since October 1 (YTD)who fall into each income income category (the total should equal the total in category(the total should equal the total in question#6): question#6): ELI Extremely low Income(0-30%) 0 ELI Extremely low Income(0-30%) 0 U Low Income(31-50%) 0 U Low Income(31-50%) 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income(51-80%) 0 NON-LOW Above Moderate Income(>80%) 0 NON-LOW Above Moderate Income(>80%) 0 QTR TOTAL: 0 YTDOTAL: 0 9. I Racial&Ethnic Data: (if applicable) I Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients served this Quarter(QTR)fall into clients served since October(YTD)fall into each race category.In addition to each race category, each race category.In addition to each race please indicate how many persons in each race category,please indicate how many persons in category consider themselves Hispanic(Total Race each race category consider themselves column should equal the total cell). Hispanic(Total Race column should equal the total cell). a. b. ETHNICITY/ ETHNICITY/ RACE HISPANIC RACE HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 American Indian/Alaskan Native&White 0 0 American Indian/Alaskan Native&White 0 0 Black/African American&White 0 0 Black/African American&White 0 0 Am.Indian/Alaska Native&Black/African Am. 0 0 Am.Indian/Alaska Native&Black/African Am. 0 0 Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 35 S. 16019 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form,and retain appropriate supporting documentation,to document providing CDBG assistance to an eligible beneficiary. 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 Age 1 2 3 4 5 6 7 8 B. Assets:All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 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) 0.00 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 blank. B(c) UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 36 1 16019 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other , Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses,and overtime) (Enter the 1 greater of 2 box B(b) or 3 box B(c), above, in 4 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 information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. 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 Date Signature of Spouse or Co-Head of Household Date Adult Household Member(if applicable) Date Adult Household Member(if applicable) Date UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 37 1 16019 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: n Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50'of the Very Low Income(60%of VLI)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$ ). ❑ 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.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ 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/Ethnicity By Age Native American Hawaiian or Other 0— 26— 41— Indian Asian Black Other Pac. ate 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 beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. UCP P8-0eP5 Public Services-Free To Be Me-Transportation Services Page 38 16019 EXHIBIT E 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 United Cerebral Palsy of Southwest Florida, Inc. (UCP) Name First Date of Fiscal Year (MM/DD/YY) 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 ❑ 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 OMB Circular A-133 or 2 CFR Part 200, Subpart F because we: n ❑ 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 Date Print Name and Title 06/18 UCP CD18-06PS Public Services-Free To Be Me-Transportation Services Page 39 att. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 160 1 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Mike no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Ini ills Date 1. Susan Golden Community and Human 9/6/18 Services 2. Jennifer Belpedio County Attorney Office q 3. BCC Office Board of County 4; k, \P>,-\ Commissioners ``J l Q lVZV. 4. Minutes and Records Clerk of Court's Office --- - C � �ate')a :2-1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Susan Golden/CHS Phone Number 252-2336 Contact/ Department Agenda Date Item was 9/11/2018 1,-/ Agenda Item Number I6.D.4ff'cy i Approved by the BCC _ Type of Document HUD Annual Entitlement Agreement for Number of Original k8 c rC.cScc ie.4< ' Attached 2018-2019 and WSubrecipient Agreements Documents Attached for FY 2018-19(II)and Yfor FY2017- sellrteeh). '''y Q 17-UNL"'Gla.k 201St PO number or account ,;`cit`•a•'i,'aV,`V",. tit'1'.64'AWAY. '' number if document is , w ^ to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? _S1•4A 3 di SG 2. Does the document need to be sent to another agency for additional signatures. If yes, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require/forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC 9/11/2018 and all changes made during the i''`ce NIA iPtiiii meeting have been incorporated in the attached document. The County Attorney's \ ` '• option for Office has reviewed the changes,if applicable. I is Line. 9. Initials of attorney verifying that the attached document is the version approved by the 0v' s/A is not BCC,all changes directed by the BCC have been made,and the document is ready for can option for Chairman's signature. I7 Ojris line_ I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11130/12 16D19 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 $177,784 Funds Awarded Subrecipient Name Legal Aid Service of Collier County, a Division of Legal Aid Service of Broward County,Inc. DUNS# 844481478 FEIN 59-1547191 R&D No Indirect Cost Rate No Period of Performance 10/01/2018-09/30/2019 Fiscal Year End 12/31 Monitor End: 12/2019 AGREEMENT BETWEEN COLLIER COUNTY AND LEGAL AID SERVICE OF COLLIER COUNTY, A DIVISION OF LEGAL AID SERVICE OF BROWARD COUNTY,INC. THIS AGREEMENT is made and entered into this I', day of.* *420 , 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 Legal Aid Service of Collier County, a Division of Legal Aid Service of Broward County,Inc., ("SUBRECIPIENT"),having its principal office at 4436 Tamiami Trail East,Naples 34112. 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-H; 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 gal Aid Service of Collier County NNN_ t8-08PS Page 1 �® 'I Services to Victims C✓ 16019 WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS,the County and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG Public Services Legal Services to Victims Project. NOW,THEREFORE,in consideration of the mutual benefits contained herein, it is agreed by the Parties 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: Public Service-Legal Services to Victims 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$177,784.00 to Legal Aid to fund: Legal services for victims of domestic violence, sexual assault, dating violence, child abuse and other abuses; and conduct a minimum of four outreach events/seminars. 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: • Affirmative Fair Housing Policy • Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy • Procurement Policy ❑ Uniform Relocation Act Policy • Sexual Harassment Policy Li 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 1 u) • Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. 794) Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 2 16D19 Fraud Policy 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 undertake 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 Project Component 1: Funding costs will include but not be limited to the following $177,784 expenses: Legal Services to Victims Total Federal Funds: $177,784 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the County, as requested, beneficiary income certification documentation • Maintain National Objective Documentation • Provide Quarterly Reports on National Objectives and project progress • Required attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS. n Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA), if necessary n Ensure applicable numbers of units are Section 504/ADA accessible n 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: Legal Aid Service of Collier County g 08P5 Legal Services to Victims Page 3 16019 LMA—Low/Mod Area Benefit LMC—Low/Mod Clientele Benefit n 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 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 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 Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) agreement agreement execution Insurance Exhibit A Within 30 days of agreement execution and Annually within thirty(30)days of renewal Detailed project Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specifications Not Applicable Subcontractor Log Subcontractor Log Not Applicable Submission of Progress Report Exhibit C Quarterly within 10 days following the end of the quarter. Final after closeout monitoring Section 3 Report Quarterly report of new hire Quarterly information Financial and Compliance Audit Exhibit E Annually,nine(9)months for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit, if Not Applicable applicable Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 4 (:12 16019 Revenue Plan for maintenance Plan approved by the County Not Applicable and Capital Reserve Program Income Reuse Plan Plan Approved by the County Not Applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Funding Submission of monthly invoices and Submission of costs will include but not limited backup as evidenced by invoice/ monthly invoices. to the following expenses: Fund timesheets/ Payroll Registers/banking legal staff to include 2 Full Time documents/Exhibit B and any additional Equivalent(FTE)Attorney's, documentation as requested and 1 Full Time Equivalent (FTE)Paralegal and associated salary and benefits to provide legal services to victims of domestic violence, sexual assault, dating violence,repeat 10%retainage request released upon final Following close out violence, child abuse, elder monitoring clearance or expenditure of monitoring 16019 Revenue Plan for maintenance Plan approved by the County Not Applicable and Capital Reserve Program Income Reuse Plan Plan Approved by the County Not Applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Funding Submission of monthly invoices and Submission of costs will include but not limited backup as evidenced by invoice/ monthly invoices. to the following expenses: Fund timesheets/ Payroll Registers/banking legal staff to include 2 Full Time documents/Exhibit B and any additional Equivalent(FTE)Attorney's, documentation as requested and 1 Full Time Equivalent (FTE)Paralegal and associated salary and benefits to provide legal services to victims of domestic violence, sexual assault,dating violence,repeat 10%retainage request released upon final Following close out violence, child abuse, elder monitoring clearance or expenditure of monitoring abuse, and other abuses 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 1, 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 The COUNTY agrees to make available (One Hundred Seventy-Seven Thousand Seven Hundred and Eighty-Four Dollars and no cents($177,784.00) for use by the SUBRECIPIENT, 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. 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. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 5 16019 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 every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days 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 SUBRECIPIENT. 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 and 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 SUBRECIPIENT 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 Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart 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 Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 6 16019 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. Any deficiencies noted in audit reports 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 of future 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 Part 200, Subpart 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. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed,prepared, assembled,or completed by the SUBRECIPIENT for the purpose of this agreement shall be made available to the COUNTY, by the SUBRECIPIENT,at any time,upon request by the COUNTY or 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. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 8 16019 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 performance and evaluation report, as prescribed in 2 CFR 200.333,with the following exception: if any litigation,claim or audit is started 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 CONTRACTOR 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(a,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 compliance. 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 Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 9 16019 determinations, as defined in 24 CFR 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 CFR 200.336 and 2 CFR 200.337. COUNTY agrees that nothing in this Agreement shall be construed as requiring Legal Aid as SUBRECIPIENT to give access to any personal identifying information which is protected by the Attorney-Client privilege or by the provisions of the Rules of Professional Conduct of the Rules Regulating the Florida Bar relating to an attorney's obligation to preserve the confidences or secrets of a client. 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. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports 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-performance, based on goals and performance standards, as stated, with all other applicable laws,regulations,and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance,as determined by the COUNTY,will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY,contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 10 16019 2.4 PREVENTION OF FRAUD AND ABUSE 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 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 reports 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 Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce 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: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • 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 portion of the awarded grant amount be returned to the Division. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 11 16019 • 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. 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 properties conveyed,be returned 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 terminated. • 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. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 12 OVD S 160 19 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 report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C". Exhibit"C"contains an example reporting 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. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 13 16019 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent, if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants(CDBG)),including subpart K of these regulations,except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 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 otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an"independent contractor"with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this agreement, at any time, provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this agreement. The COUNTY may,in its discretion,amend this agreement to conform with Federal, State or Local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 14 16D19 be undertaken as part 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 curtailment 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 necessary to continue to pay the SUBRECIPIENT all or any portions 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 terms of this agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages,losses,costs,and causes of action which may arise out of an act,omission, including,but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments which may issue 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, advertisements,descriptions of the sponsorships of the Program,research reports and similar public Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 15 16019 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 partial 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 referred to herein,or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure,for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; C. Ineffective or improper use of funds provided under this agreement; D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this agreement; G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 16 16019 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 determined by the COUNTY to be applicable; E. Stop all payments,until identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination.If the agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this agreement 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 property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided_at 24 CFR 570.503(b)(7). 3.10 INSURANCE 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 SUBRECIPIENT's performance under the agreement. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 17 16D19 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, 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(ITB,RFP,etc.) All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into 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 SUBRECIPIENT 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 Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 18 16D 14 forth 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 CFR 200.343. 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 performance of this agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a)of the Small Business Act,as amended(15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51)percent owned and controlled by minority group members or women. For the purpose of this defmition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 19 1601 t 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 participating 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 carry out, pursuant to the COUNTY's specifications, an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 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 performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 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 part by a covered person or an entity owned or controlled, in whole or in part,by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT,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 unreasonably impede the statutory requirement that maximum Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 20 0 16019 opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and Local governments and may continue to carry out its mission, including the defmition, practice and expression of its religious beliefs,provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship,religious instruction or proselytizing. D. The funds shall not be used for the acquisition,construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse,neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 SEVERABILITY Should any provision of the agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 21 0 16019 PART IV GENERAL PROVISIONS 4.1 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 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr58 main 02.tpl 4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act. http://www.h ud.gov/offices/fheo/I i bra ry/h ud dojstateme nt.pdfhttps://www.hud.gov/program_of fices/fair_housing_equal_opp/ReasonableAccommodations 15 Executive Order 11063 —Equal Opportunity in Housing https://www.hud.gov/program_offices/fair_housing_equal_opp/FHLaws/EXO 11063 Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/1225 9.html 24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec5 70- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EXO11246 EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC §2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 22 0 16019 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 fmancial 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 performed under this agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible,priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC_12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 23 0 1 61) 1 9 https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135 main 02.tpl 4.10 Age Discrimination Act of 1975,Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud.gov/program_offices/fair housing_equal_opp/FHLaws/109 https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing equal opp/FHLaws/E X011063 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.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/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.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/24/570.614 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/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects, as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States - https://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/text/29/part-5 Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 24 0 16019 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 participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise, https://www.archives.gov/federal-register/codification/executive-order/11625.html 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: https://www.gpo.gov/fdsys/pkg/CFR-2010-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://vvww.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200_main 02.tpl 4.20 Immigration Reform and Control Act of 1986 https://www.eeoc.govieeoc/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 III, 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 part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 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 terms of any Supplemental Conditions shall take precedence over the agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any,or the agreement,the conflict shall Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 25 16111 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 party to this agreement against the other party,relating to or arising out of this agreement, must be brought in the appropriate federal or state courts, in Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes.The litigation arising out of this agreement shall be adjudicated in Collier County,Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 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/42/7401 b. Federal Water Pollution Control 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 Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate,a letter of map amendment(LOMA) may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood insurance. 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, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vola-secs 70-608-id 163 Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 26 16019 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. https://www.nps.gov/history/local-law/nhpa1966.htm https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/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/history/local-law/nhpa1966.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-title41/USCODE-2009-title41-chap 10- sec701 4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.law.cornell.edu/cfr/text/24/570.609 4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, 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 of 2 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. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200_1344&rgn=div8 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 Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 27 16019 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-vol 1/CFR-1999-title49-vol l-sec24-101 https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 As provided in§287.133,Florida Statutes,by entering into this agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by§ 287.133 (3)(a),Florida Statutes. 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 Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 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. https://www.govregs.com/regulations/expand/title24.part5_subpartA_section5.106 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 Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 28 16019 HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.cornell.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- reauthorization-act-of-2013-implementation-in-hud-housing-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/Statutes/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=0100- 0199/0119/Sections/0119.021.html 4.43 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Di splay_Statute&URL=0100- 0199/0119/Sections/0119.021.html (Signature Page to Follow) Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 29 0 16D19 IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively,by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF 0 ► Y CO : P RS OF CRYSTAL K.KINZEL COLLIER • - • r w • / CLERK • By: j . a _ ! A 1 SOLIS, CHAIRMAN est as to Ch r _Z LERK signature only. ;„:/ Date: 9/11 J Dated: q-13 t O Legal Aid Service of Broward County,Inc. d/b/a (SEAL) Legal Aid Service of Collier County, Inc. By - Anthony J. arr. , q.,Execut�rector Date: ‘y//*/ - Ap.roved as to fo nd legality: Jenner • . Belpedio Assistant County Attorney Date: //it i g Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 30 16019 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County,do 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: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.This insurance shall be maintained for a period of two(2)years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 31 16D19 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 32 0 16019 EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Legal Aid Service of Collier County Subrecipient Address: 4436 Tamiami Trail East,Naples,FL 34112 Project Name: Legal Services to Victims Project No: CD18-08 IDIS#5XX 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 1.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) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required $15,000 and above) Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 33 0 EXHIBIT C 16 019 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 information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. Agency Name: Legal Aid Service of Collier County Date: Project Title: Legal Services to Victims Program Contact:Jeff Ahren Telephone Number: 239-298-8130 Activity Reporting Yenod Report Due Date October 1st-December 31st January 1Uth IDIS# 5XX January 1st-March 31st April April 10th 1st-June 30th July 10th July 1st-September 30th October 10th *REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): 12/31/18 03/31/19 0 06/30/19 0 09/30/19 0 Please take note: The CDBG/HOME/ESG Program year begins October 1 2018-September 30,2019. Each quarterly report needs to include cumulative data beginning from the start of the program year October 1,2018. 1 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 approved application&subrecipient agreement. Outcome 1:Delivery of legal services to victims Outcome 2:150 Low-Moderate Income/LMC Persons Served who are victims of domestic violence,sexual assault,dating violence,child abuse,and other abuses(duplication of clients is permitted to allow for continuity of services Outcome 3:Delivery of a minimum of four outreach seminars/events B. Goal Progress:Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule? Yes No If No Explain: 3.Since October 1,2018-of the persons assisted,how many.... Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard?0 Total 0 Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 34 0 160 19 a What funding sources did the subrecipient apply for this period? Section 108 Loan Guarantee $ - CDBG Other Consolidated Plan Funds $ - HOME $ _ Other Federal Funds $ - ESG State/Local Funds HOP WA _ Total Entitlement $ $ - Funds 5. 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 LMH activities:Households,race/ethnicity and income level data are reported by households,regardless the number of persons in the household. a. Total No.Persons/Adults 0 Total No.of persons served under 18:(LMC) 0 served:(LMC) QTR TOTAL#of Persons: 0 QTR TOTAL#Persons: 0 b. Total No.of Households served: 0 Total No.of female head of household:(LMH) 0 OTR TOTAL#of 0 OTR FHH 0 What is the total number of UNDUPLICATED clients 6. served since October, if applicable? Answer question 6a or 6b not both a. Total No.Persons/Adults served:(LMC) 0 Total No. of persons Served under 18: 0 (LMC) II YTD TOTAL: 0 YTD TTL: Cl b. Total No.of Households served:(LMH) 0 Total No.of female head of 0 household:(LMH) YTD TOTAL: 0 I YTD TOTAL: I 0 Complete EITHER question 7 or question 8 not both Complete question#7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. PRESUMED BENEFICIARY DATA ONLY: 7. (LMC)Quarter PRESUMED BENEFICIARY DATA ONLY:(LMC)YTD Indicate the total number of UNDUPLJ ATD Indicate the total number of UNDUPLICATED persons serve persons served this quarter who fall into each since October 1 who fall into each presumed benefit category presumed benefit category(the total should equal (the total should equal the total in question#6 a or 6 the total in question#6 a or 6 b): b): a. Presumed Benefit Activities Only:(LMC)QTR b. Presumed Benefit Activities Only:(LMC)YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm workers LI 0 Migrant Farm workers LI 0 Battered Spouses LI 0 Battered Spouses I_ LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled Adults LI 0 Severely Disabled Adults LI 0 QUARTER TOTAL 0 YTD TOTAL Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 35 fla Complete question#8a and 8b if any client in your program does not fall into a Presumed Benefit category. 1 60 1 9 OTHER BENEFICIARY DATA:INCOME RANGE 8. OTHER BENEFICIARY DATA:INCOME RANGE Indicate the total number of UNDUPLICATED persons served this Quarter(QTR)who fall into each Indicate the total number of UNDUPLICATED persons income category (the total should equal the total in served since October 1 (YTD)who fall into each income question#6): category(the total should equal the total in question#6): ELI Extremely low Income(0-30%) 0 ELI Extremely low Income(0-30%) 0 U Low Income(31-50%) 0 LI Low Income(31-50%) 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income(51-80%) 0 NON-LOW Above Moderate Income(>80%) 0 NON-LOW Above Moderate Income(>80%) 0 QTR TOTAL: 0 YTDOTAL: 0 9. ( Racial&Ethnic Data: (if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients served this Quarter(QTR)fall into clients served since October(YTD)fall into each race category.In addition to each race category, each race category.In addition to each race please indicate how many persons in each race category,please indicate how many persons in category consider themselves Hispanic(Total Race column should equal the total cell). each race category consider themselves Hispanic(Total Race column should equal the total cell). a. b. ETHNICITY/ ETHNICITY/ RACE HISPANIC RACE HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 American Indian/Alaskan Native&White 0 0 American Indian/Alaskan Native&White 0 0 Black/African American&White 0 0 Black/African American&White 0 0 Am.Indian/Alaska Native&Black/African Am. 0 0 Am.Indian/Alaska Native&Black/African Am. 0 0 Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 36 mac) 16019 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation,to document providing CDBG assistance to an eligible beneficiary. 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 Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 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) 0.00 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 blank. B(c) Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 37 16019 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses,and overtime) (Enter the 1 greater of 2 box B(b)or 3 box B(c), above, in 4 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 information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. 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 Date Signature of Spouse or Co-Head of Household Date Adult Household Member(if applicable) Date Adult Household Member(if applicable) Date Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 38 e.c.) 16019 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: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30150th of the Very Low Income(60%of VLI)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$ ). ❑ 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.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ 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/Ethnicity 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 beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Legal Aid Service of Collier County CD18-O8PS Legal Services to Victims Page 39 16D19 EXHIBIT E 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 Legal Aid Service of Collier County, a Division of Legal Aid Service of Broward Name County, Inc. First Date of Fiscal Year (MM/DD/YY) 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 n 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 OMB 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 Date Print Name and Title 06/18 Legal Aid Service of Collier County CD18-08PS Legal Services to Victims Page 40 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16019 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Ini i Is Date 1. Susan Golden Community and Human 9/6/18 Services 2. Jennifer Belpedio County Attorney Office lid EIS 3. BCC Office Board of County ASS Commissioners �Y `R\ .2.. 1*t, 4. Minutes and Records Clerk of Court's Office , ti at -1C-- '7pm PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Susan Golden/CHS. Phone Number 252-2336 Contact! Department Agenda Date Item was 9/11/2018 Agenda Item Number 16.D.4ff1 c Approved by the BCC / Type of Document HUD Annual Entitlement Agreement for Number of Original kd R�r,c�st- ' Attached 2018-2019 and WSubrecipient Agreements Documents Attached for FY 2018-I9(11)and.l`for FY2017- 20181 PO number or account ,' !i`1-_^V;;..7tb!riv,,4if<7iw — number if document is A i i , to be recorded �-}}} . 0 ��1 s INSTRUCTIONS & C CKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? stA 3 di SG 2. Does the document need to be sent to another agency for additional signatures If yes, NA provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require,forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC 9/11/2018 and all changes made during theio : els meeting have been incorporated in the attached document. The County Attorney's \ f tit, Office has reviewed the changes,if applicable. A i ,, , 9. Initials of attorney verifying that the attached document is the version approved by the f-`r' ' moi,€ BCC,all changes directed by the BCC have been made,and the document is ready for sbptl`•" `,',r Chairman's signature. • rir 4.a tiller I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05:Revised 11/30/12 16019 FAIN# M-17-UC-12-0217 Federal Award Date September 2018 Federal Award HUD Agency CFDA Name Home Investment Partnership (HOME) CFDA/CSFA# 14.239 Total Amount of $300,000 Federal Funds Awarded Subrecipient Name Oak Marsh,LLC DUNS# 019726347 FEIN# 26-4755786 R&D No Indirect Cost Rate No Period of September 11,2018 - Performance December 31,2020 Fiscal Year End 12/31 Monitor End Date 12/2030 AGREEMENT BETWEEN COLLIER COUNTY AND OAK MARSH LLC, RENTAL REHABILITATION THIS AGREEMENT d to this 1 of YJ�(;2018, by and between is Colliermade Countyan , a entered politicalinday subdivision of the State of Flo da, ("COUNTY" or"Grantee")having its principal address as 3339 E. Tamiami Trail,Naples FL 34112,and"OAK MARSH,LLC," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at a physical address of 19308 SW 8380 St, Florida City, FL 33034 and a mailing address of PO Box 343529, Florida City, FL 33034. WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development(HUD) as provided by the Cranston-Gonzalez National Affordable Housing Act, as amended; and WHEREAS,the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2017-2018 for the HOME Program on July 27, 2017 , Agenda Item 16.D.4 A Substantial Amendment; and WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2017-2018 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and Page 1 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines r 0 16019 WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in this Agreement, in accord with the approved One-Year Action Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained,the Parties agree 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 HOME funds, as determined by Collier County Community and Human Service (CHS),perform the tasks necessary to conduct the program as follows: Project Component One: Rehabilitation to enhance tenant life, neighborhood revitalization and safety throughout Timber Ridge at Sanders Pines Reserve, to include but not limited to permits, site lighting, landscaping, irrigation, perimeter fence and/or wall, paving, sidewalks, curbing, painting,recreation and playgrounds, entrance signage, and community garden. 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 rehabilitation of the properties. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within sixty(60) days of conveyance: 1. Fair Housing Policy 2. Marketing Plan 3. Fraud Policy 4. Affirmative Action/Equal Opportunity Policy 5. Purchasing Policy 6. Conflict of Interest Policy 7. Residential Anti-displacement and Relocation Policy 8. Sexual Harassment Policy 9. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) 10. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 11. Capital Needs Assessment Plan(CNAP) Page 2 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines C®:), 16019 12. Program Income Reuse Plan 13. Tenanat Policy Manual 1.2 PROJECT DETAILS A. Project Description/Budget Activity HOME Match Budget Liability Amount Project Component One: $300,00.00 Rehabilitation: To include but not limited to, permits, site lighting, landscaping, irrigation, perimeter fence and/or wall, paving, sidewalks, curbing, painting, recreation and playgrounds, entrance signage, and community garden. Match Minimum Required match 25% of total HOME funds expended Grand Total: $300,000.00 The Subrecipient will accomplish the following project tasks: Project Tasks 1. Maintain documentation and income data on all households served in compliance with 24 CFR 92.508 2. Provide Quarterly reports on project status (Exhibit "C") and meeting an eligible activity 3. Required attendance by a representative from Executive Management, at quarterly partnership meetings, as requested 4. Provide Site Design and Specifications, as applicable 5. Prepare Bid Specifications and Engineer's Cost Estimate, if applicable 6. Obtain Sealed Bids and provide associated procurement documentation 7. Comply with Davis-Bacon Act Labor Standards, if applicable 8. Submit invoices to CHS for rehabilitation costs for each unit Page 3 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16019 9. Once rehabilitation has been completed, CHS will provide a land use restriction(LURA)for the eriod associated to the amount of HOME assistance provided by the County 10. Market Analysis 11. Project Proforma prior to rehabilitation and updated at the completion of the project B. Income Requirements Nominally all tenants must be at or less than 80% of AMI; but Program-wide Income targeting requires that 90% of rental families be at or less than 60% of AMI; In projects with 5 or more HOME-assisted units,20% of the units must be occupied by families at or below 50%of AMI; and incomes of tenants must be certified initially and recertified annually. Subrecipient will provide 2 high home rent units and 7 low home rent units. C. Project Outcome The SUBRECIPIENT will be reimbursed for the partial rehabilitation of multi-family rental properties and the SUBRECIPIENT shall ensure that the units are occupied by tenants that qualify, pursuant to paragraph B above. The units will be deed restricted for the affordability period subject to the dollar amount of HOME funds invested in each unit. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies (Section 1.1) agreement Agreement Execution HQS Inspections HQS Inspection Form Prior to Occupancy and every 3 years thereafter until 2030 Insurance Insurance Certificate Exhibit Prior to start of rehabilitation A and Annually within thirty (30) days of renewal until 2030 Detailed Project Schedule Project Schedule Within sixty (60) days of Agreement Execution Project Plans And Site Plans and Rehabilitation Prior to start of Rehabilitation Specifications Specifications Subcontractor Log Subcontractor Log N/A Page 4 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16019 Income Certification Exhibit D Prior to Occupancy and Documentation recertification of tenants annually thereafter until 2030 Submission of Progress Exhibit C Monthly until completion of Report rehabilitation. Quarterly Reports until full occupancy. Annually thereafter until 2030 Section 3 Report Quarterly reports of new hire Quarterly on the 10th of the information month following the end of the quarter Financial and Compliance Exhibit E Annually 9 months after Audit Single Audit OR One hundred eighty (180) days after FY end until 2030 Continued Use Certification Continued Use Affidavit Annually until 2030 Tenant leases Copy of lease document Prior to occupancy until 2030 Occupancy and Tenant Summary of Tenant Income Annually until 2030 Income Report and Rental and Income Limit, Rent and Rate Report Rent Limit,by unit(Rent Roll) Program Income Re-use Plan Planned use of program- Annually until 2030 generated income E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component One: Submission of supporting Submission of monthly Funding costs will include but documents must be provided as invoices each month by the not limited to the following backup as evidenced by contractor 10th of the month expenses: permits, site schedule of values/invoices or following the end of the lighting, landscaping, equivalent, proof of permit close month. irrigation, perimeter fence out, if applicable, banking and/or wall, paving, documents, canceled checks, and sidewalks, curbing, painting, any additional documents as recreation and playgrounds, needed. entrance signage, and community garden. Final 10% ($30,000) released upon monitoring clearance and final waiver of lien. Oak Marsh, LLC. is the grant recipient, Everglades Housing Group Incorporated, an affiliated Page 5 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 0 16019 entity, makes direct payments on behalf of Oak Marsh, LLC. for services provided pursuant to this Agreement. Oak Marsh, LLC. reimburses the payment to the affiliate, therefore should be reimbursed by the County. Match Submission of supporting At least Quarterly documents may also include cash or in kind documentation; to include canceled checks, banking statements, invoices; additional documentation may be requested 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on the September 11, 2018 and shall end on December 31, 2020. Rehabilitation activities shall be completed by 12/31/2020 and the affordability period shall cease in 2030. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of HOME funds or other HOME assets,including program income. DURATION OF AGREEMENT The duration of the Subrecipient Agreement is as follows: Agreement Effective Date September 11, 2018 Deadline for Commitment of Funds 12 months September 11, 2018 Deadline for Expenditure of Funds 2 years September 11, 2020 Agreement Termination Date December 31, 2020 Deadline for Receipt of Final Reimbursement Request March 31, 2021 However,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 undertake 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.\ 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for the use by the SUBRECIPIENT, during the Term of the Agreement (hereinafter, shall be referred to as the "Funds"). This Agreement shall remain in effect until all HOME funds and program income are no longer under the control of the Page 6 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 0 16019 SUBRECIPIENT. Modifications to the"Budget and Scope"may only be made if approved in advance,by the COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10% of the total funding amount and not amount to a change in scope. Fund shifts that exceed 10%between project components shall only be made with Board approval. SUBRECIPIENTS are required to competitively bid and must ensure that every purchase order or contract executed for federally-assisted projects comply with all other Federal requirements and applicable LABOR provisions. SUBRECIPIENT must include in each contract HUD Form 4010 when contracting for services or goods related to a Federal award. Match Pursuant 24 CFR 92.218 Match is required for HOME funds. The SUBRECIPIENT is required to provide match funds when identified as an eligible source, such as contributions to housing activities that qualify as affordable housing under the HOME program throughout a fiscal year. Contributions that have been or will be counted as satisfying a matching requirement of another Federal grant or award may not count as satisfying the matching contribution requirement for the HOME program. Pursuant to Florida administrative Code 67-37.007 the State Housing Initiatives Partnership Program funds may be used as required match for HOME eligible activities. 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 HOME funds until funds are needed for the payment of eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. However, invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written authorization from the Grant Coordinator will not be reimbursed. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. 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 and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." Page 7 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16019 1.5 COST PRINCIPLES Payments to the Subrecipient are governed by the federal grants management rule 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 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 Subrecipient can only incure direct costs that may be attributed specifically to the project reference above, as defined in 2 CFR 200.413. The Subrecipient must provide adequate documentation for validating costs incurred. Payment 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 subrecipient and Contractors shall be in compliance with 2 CFR 200 Subpart E-Cost Principles. The SUBRECIPIENT will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements in the Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: carolyn.noble@colliercountyfl.gov Phone: 239-252-5393 SUBRECIPIENT ATTENTION: Steven Kirk President Oak Marsh, LLC PO Box 343529 19308 SW 8380 Street Florida City, FL 33034 Email: kirknet@yahoo.com Phone: 305-242-2142 Page 8 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines • 16019 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records,documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit and in compliance with 24 CFR 92.504. 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 (or one hundred eighty days for SUBRECIPIENTS exempt from Single Audit), after the SUBREICPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. Any deficiencies noted in audit reports 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 of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits and 2 CFR 200.501 The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 92.508 to determine compliance with the requirements of this Agreement, the HOME Program and all other applicable laws and regulations. This documentation shall include,but not be limited to,the following: A. All records required by HOME regulations. Page 9 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16D19 B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports,plans,surveys,information,documents,maps,books,records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or 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. 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 the SUBRECIP I-NT shall keep 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 performance and evaluation report, as prescribed in 2 CFR 200.332 with the following exception: if any litigation, claim or audit is started 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 200.333. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the 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. For rental housing projects,records may be retained for five years after the project completion date;except that records of individual tenant income erification,project Page 10 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16D19 rents, and project inspections must be retained for the most recent five year period, until five years after the affordability period terminates. F. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIhNT 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. G. The applicability of labor standard provisions under the HOME program apply to any contract for the construction of 12 or more HOME-assisted units (Section 286, National Affordable Housing Act of 1990, as amended. H. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. I. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. 2.3 MONITORING SUBRECIPIENT agrees that CHS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, they may impose a reasonable monitoring charge. Fees are based on average staff time and costs of materials. Ongoing monitoring fees may be included in the project underwriting. In addition, the COUNTY shall at a minimum, conduct inspections every three (3) years in accordance with 24 CFR 92.504(d)(1) and HQS inspections shall be completed in accordance with 24 CFR 92.209(i). Also, 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 reports 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 based on goals and performance standards, as stated, with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard Page 11 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 0 16019 performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to perfoimance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE 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 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 reports a violation of the terms of this Agreement or of any law or regulation to the COUNTY or to any appropriate law enforcement authority, if the • report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Community and Human Services Division (CHS) has adopted an escalation policy to ensure continued compliance by Recipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. o CHS will be available to provide Technical Assistance(TA)to the entity as needed in order to correct the non-compliance issue. Page 12 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16[119 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 portion of the awarded grant amount be returned to the Division. o 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. o The entity may be denied future consideration as set forth in Resolution No. 2013- 228. 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 HOME investment for acquisition of the properties conveyed, be returned to the Division. o 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. o 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 terminated. o 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 project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties. o The entity will be 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 discretion of the Board of County Commissioners. 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, SUBRECIPTENT 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 report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, Page 13 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 0 16019 activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Page 14 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16D19 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 92 of HOME Investment Partnerships Program Grants including subpart H of these regulations, except that (1) the SUBRECIPTFNT does not assume the recipient's environmental responsibilities described in 24 CFR 93.352 and(2)the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Parts 50 and 58. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain independent contractor of the County 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 independent of the County and an employer/employee relationship will not be created. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may,in its discretion, amend this Agreement to conform with Federal,state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications Page 15 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines T 161) 19 will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may subject to HOME program requirements, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HOME 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 HOME funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available.In that event,the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment,that the funds are no longer available. In the event of such termination,the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIP1LNT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act,omission, including,but not limited to,reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control,or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County.The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes.This Section shall survive the expiration of termination of this agreement. Page 16 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16019 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices, printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, 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 partial terminations,the portion to be terminated. However,if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety: The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules,regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIFiNT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. Page 17 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 160 19 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 HOME funds the SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to the SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity), and the SUBRECIPIENT has not provided the required end use beneficiaries, the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of HOME. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 92.504(c)(2)(vii). 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section, as outlined in Exhibit "A", and 2 CFR 200.310,has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work(Part I),the Uniform Administrative Requirements for Cost Principles and Audit Requirements for Federal Awards(2 CFR 200 et seq.),and the federal regulations for the HOME funds (24 CFR 92 et seq.). Page 18 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines �►7i 16019 3.12 PURCHASING SUBRECIPIENT's are required to follow Federal Procurement regulations and Collier County's purchasing thresholds. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Range ($) Quotes $0 - $3,000 Single Quote with Documentation $3,000 - $50,000 3 Written Quotes Formal Solicitation (ITB, RFP, $50,001+ RFQ, RFI, etc.) 3.13 PROGRAM INCOME In the event there is Program Income, derived from the use of HOME funds disbursed under this agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the HOME Program. Any "Program Income", as defined in 24 CFR 92.2, gained from any activity of the SUBRECIPIENT funded by HOME 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 92.503(a), in the operation of the Program. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's HOME 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 SUBRECIPIENT may close out the project with the County after the 20 year affordability period on the project has been met. The affordability period shall commence with the recording of the 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 Section 2.2 of this Agreement, 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 CFR 200.343. Page 19 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16019 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses,minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES Funds invested in dwelling units that are assisted with HOME funds must be occupied by households that qualify as low-income (=<80% of AMI). For rental programs, income certification will be conducted prior to move-in and annually thereafter. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program.The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the affordability period and submitted to County within 30 days of update/modification. Page 20 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 161319 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project,has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 92.356(f) "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations,ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of a conflict of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however,that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS HOME funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 92.257. 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. Page 21 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 0 16019 c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission,including the definition,practice and expression of its religious beliefs, provided that it does not use direct HOME 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, HOME funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to HOME funds in this part. Sanctuaries, chapels, or other rooms that a HOME funded religious congregation uses as its principal place of worship, however, are ineligible for HOME funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the County. 3.22 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Page 22 of 48 Oak Marsh,LLC HOME H Timber Ridgegeatat Sanders Pines 16019 PART IV GENERAL PROVISIONS 4.1 24 CFR 92 as amended- All the regulations regarding the HOME program hap://www.ecfr.gov/cgi-bin/text- idx?SiD=c6cee34b7aabl a869c49c1091 cf69e98&node=24:1.1.1.1.41&rgn=div5 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr5 8 main 02.tpl 4.3 Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.). Regulations at 24 CFR part 92. Titles II and III of the Americans with Disabilities Act, which prohibit you from discriminating on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities (42 U.S.C. §§ 12131-12189), as implemented by Department of Justice regulations at 28 C.F.R. parts 35 and 36, and Department of Transportation regulations at 49 C.F.R.parts 37 and 38. Titles II and III of the Americans with Disabilities Act,which prohibit you from discriminating on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§ 12131-12189), as implemented by Department of Justice regulations at 28 C.F.R. parts 35 and 36, and Department of Transportation regulations at 49 C.F.R. parts 37 and 38. 4.4 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.pdf E.O. 11063 —Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/EXO 11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-re gi ster/co dific ation/exe cutive-order/122 5 9.html 24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964, as amended, which prohibits you from discriminating on the basis of race, color, or national origin(42 U.S.C. 2000d et seq.), As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance,national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. You are encouraged to consider the need for language services for LEP persons served or encountered both in developing your budgets and in conducting your programs and Page 23 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines � 'i 16D19 activities. For assistance and information regarding your LEP obligations, go to http://www.lep.gov; 4.6 Title VIII of the Civil Rights Act, which prohibits you from discriminating in the sale, rental,financing,and advertising of dwellings,or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex(42 U.S.C. 3601 et seq.),as implemented by the Department of Housing and Urban Development at 24 CFR part 100. The prohibition on discrimination includes the requirement that new multifamily housing with four or more dwelling units, i.e.,the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) be designed and constructed with certain accessible features, see 24 CFR part 100.201; and http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/prog desc/title8 4.7 Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating on the basis of sex in education programs or activities (20 U.S.C. 1681 et seq.) 4.8 24 CFR 92.202-The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 4.9 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html EO 11375 and 12086: see item#8 below 4.10 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT; state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm 4.11 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 RECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the RECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. Page 24 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16019 The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the HOME-funded project is located;where feasible,priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction,or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the HOME-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low-and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and SUBRECIPIENT very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tpl 4.12 The Age Discrimination Act of 1975, as amended,which prohibits you from discriminating on the basis of age (42 U.S.C. 6101 et seq.) Age Discrimination Act of 1975 -http://www.dol.gov/oasam/regs/statutes/age act.htm 11063:http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal o pp/FHLaws/EXO 11063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375: Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.13 Contract Work Hours and Safety Standards Act,40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm Page 25 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines Uf 16019 4.14 Section 504 of the Rehabilitation Act of 1973, as amended,which prohibits you from discriminating on the basis of disability(29 U.S.C. 794) Section 504: http://www.epa.gov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.htm1 4.15 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.16 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.17 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis- Bacon Act. HUD Form 4010 must be included in all construction contracts funded by HOME. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in whole or in part by Loans or Grants from the United States- http://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 -Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.18 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 4.19 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 5 Subpart A, as revised by Executive Order 13279. E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.20 Public Law 100-430 -the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.21 Immigration Reform and Control Act of 1986 http://www.eeoc.govieeoc/history/35th/thelaw/irca.html Page 26 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16019 4.22 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. 4.23 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as.set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - http://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://bccsp0l/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%20531 1.1%20 Standards%200)/020Conduct.pdf 4.24 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the teuis of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.25 Venue-Any suit of action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.26 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 the SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 Page 27 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16019 4.27 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 58),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment(LOMA) may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood insurance. http://www.ecfr.gov/cgi- bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.6&idno=24 4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 92.355 4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/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. http://www.nps.gov/history/local-law/nhpa1966.htm 4.31 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.32 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the Page 28 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16019 SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction,with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 5 Subpart A. 4.33 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States,local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements OMB Circular A87: http://www.whitehouse.gov/omb/circulars a087 2004/ OMB Circular A102:http://www.whitehouse.gov/omb/circulars al02/ OMB Circular A21:http://www.whitehouse.gov/omb/circulars a021 2004/ OMB Circular A110:http://www.whitehouse.gov/omb/circulars al l0/ OMB Circular A122: http://www.whitehouse.gov/omb/circulars a122 2004/ 4.34 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT's fiscal year.The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitehouse.gov/omb/circulars/a133_compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edulcfr/text/24/92.206 4.35 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 HOME including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with HOME funds in excess of$25,000,must adhere to the HOME Regulations at 24 CFR 92.35.3 http://www.fhwa.dot.gov/realestate/uaiindex.htm hitp://www.law.cornell.edu/cfr/text/49/24.101 Page 29 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines �J� • 16019 4.36 As provided in § 287.133,Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof This notice is required by § 287.133 (3) (a),Florida Statutes. http://www.lawserver.com/law/state/florida/statutes/florida statutes 287-133 4.37 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 Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPTF.NT's shall certify and disclose accordingly. 4.38 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem rates in effect at the time of travel. 4.39 Any rule or regulation determined to be applicable by HUD. 4.40 Florida Statutes 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.41 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida statutes 119-021 4.42 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.07.html Page 30 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16019 PART V HOME Requirements 5.1 Project Requirements for SUBRECIPIENTS-24 CFR 92.251 The SUBRECIPIENT is required to conform to the following requirements and regulations as stated below: 24 CFR 92.251(b)Property Standards. (b)Rehabilitation projects. All rehabilitation that is performed using HOME funds must meet the requirements of this paragraph (b). (1)Rehabilitation standards. The participating jurisdiction must establish rehabilitation standards for all HOME- assisted housing rehabilitation activities that set forth the requirements that the housing must meet upon project completion. The participating jurisdiction's description of its standards must be in sufficient detail to determine the required rehabilitation work including methods and materials. The standards may refer to applicable codes or they may establish requirements that exceed the minimum requirements of the codes. The rehabilitation standards must address each of the following: (i)Health and safety. The participating jurisdiction's standards must identify life- threatening deficiencies that must be addressed immediately if the housing is occupied. (ii)Major systems. Major systems are: structural support; roofing; cladding and weatherproofing (e.g.,windows, doors, siding, gutters); plumbing; electrical; and heating, ventilation, and air conditioning. For rental housing,the participating jurisdiction's standards must require the participating jurisdiction to estimate (based on age and condition)the remaining useful life of these systems, upon project completion of each major systems. For multifamily housing projects of 26 units or more,the participating jurisdiction's standards must require the participating jurisdiction to determine the useful life of major systems through a capital needs assessment of the project. For rental housing, if the remaining useful life of one or more major system is less than the applicable period of affordability,the participating jurisdiction's standards must require the participating jurisdiction to ensure that a replacement reserve is established and monthly payments are made to the reserve that are adequate to repair or replace the systems as needed. For homeownership housing,the participating jurisdiction's standards must require, upon project completion, each of the major systems to have a remaining useful life for a minimum of 5 years or for such longer period specified by the participating jurisdiction, or the major systems must be rehabilitated or replaced as part of the rehabilitation work. (iii)Lead-based paint. The participating jurisdiction's standards must require the housing to meet the lead-based paint requirements at 24 CFR part 35. Page 31 of 48 Oak Marsh,LLC HOME HMI7-14 Timber Ridge at Sanders Pines • 16D19 (iv)Accessibility. The participating jurisdiction's standards must require the housing to meet the accessibility requirements in 24 CFR part 8,which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) implemented at 28 CFR parts 35 and 36, as applicable. Covered multifamily dwellings, as defined at 24 CFR 100.201, must also meet the design and construction requirements at 24 CFR 100.205,which implements the Fair Housing Act(42 U.S.C. 3601-3619). Rehabilitation may include improvements that are not required by regulation or statute that permit use by a person with disabilities. (v) [Reserved] (vi)Disaster mitigation. Where relevant,the participating jurisdiction's standards must require the housing to be improved to mitigate the impact of potential disasters (e.g., earthquake,hurricanes, flooding, and wildfires) in accordance with State and local codes, ordinances, and requirements. (vii)State and local codes, ordinances, and zoning requirements. The participating jurisdiction's standards must require the housing to meet all applicable State and local codes, ordinances, and requirements or, in the absence of a State or local building code, the International Existing Building Code of the International Code Council. (viii) Uniform Physical Condition Standards. The standards of the participating jurisdiction must be such that, upon completion, the HOME-assisted project and units will be decent, safe, sanitary, and in good repair as described in 24 CFR 5.703. HUD will establish the minimum deficiencies that must be corrected under the participating jurisdiction's rehabilitation standards based on inspectable items and inspected areas from HUD-prescribed physical inspection procedures (Uniform Physical Conditions Standards)pursuant to 24 CFR 5.705. (ix) Capital Needs Assessments. For multifamily rental housing projects of 26 or more total units,the participating jurisdiction must determine all work that will be performed in the rehabilitation of the housing and the long-term physical needs of the project through a capital needs assessment of the project. (x)Broadband infrastructure. For new commitments made after January 19,2017 for a substantial rehabilitation project of a building with more than 4 rental units, any substantial rehabilitation, as defined in 24 CFR 5.100, must provide for installation of broadband infrastructure, as this term is also defined in 24 CFR 5.100, except where the participating jurisdiction determines and, in accordance with §92.508(a)(3)(iv), documents the determination that: (A) The location of the substantial rehabilitation makes installation of broadband infrastructure infeasible; (B) The cost of installing broadband infrastructure would result in a fundamental alteration in the nature of its program or activity or in an undue financial burden; or Page 32 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridgedge at at Sanders Pines 16019 (C)The structure of the housing to be substantially rehabilitated makes installation of broadband infrastructure infeasible. (2) Construction documents and cost estimates. The participating jurisdiction must ensure that the work to be undertaken will meet the participating jurisdiction's rehabilitation standards. The construction documents (i.e.,written scope of work to be perfonned) must be in sufficient detail to establish the basis for a uniform inspection of the housing to determine compliance with the participating jurisdiction's standards. The participating jurisdiction must review and approve a written cost estimate for rehabilitation after determining that costs are reasonable. (3)Frequency of inspections. The participating jurisdiction must conduct an initial property inspection to identify the deficiencies that must be addressed. The participating jurisdiction must conduct progress and final inspections to determine that work was done in accordance with work write-ups. 5.2 Project Requirements for SUBRECIPIENTS-24 CFR 92.252 The SUBRECIPIENT is required to conform to the following requirements and regulations as stated below: 24 CFR 92.252(h)Tenant Income. and(i)Over-income tenants. (h) Tenant income. The income of each tenant must be determined initially in accordance with §92.203(a)(1)(i). In addition, each year during the period of affordability the project owner must re-examine each tenant's annual income in accordance with one of the options in §92.203 selected by the participating jurisdiction. An owner of a multifamily project with an affordability period of 10 years or more who re-examines tenant's annual income through a statement and certification in accordance with §92.203(a)(1)(ii), must examine the income of each tenant, in accordance with §92.203(a)(1)(i), every sixth year of the affordability period. Otherwise, an owner who accepts the tenant's statement and certification in accordance with §92.203(a)(1)(ii) is not required to examine the income of tenants in multifamily or single-family projects unless there is evidence that the tenant's written statement failed to completely and accurately state information about the family's size or income. (i) Over-income tenants. (1)HOME-assisted units continue to qualify as affordable housing despite a temporary noncompliance caused by increases in the incomes of existing tenants if actions satisfactory to HUD are being taken to ensure that all vacancies are filled in accordance with this section until the noncompliance is corrected. (2) Tenants who no longer qualify as low-income families must pay as rent the lesser of the amount payable by the tenant under State or local law or 30 percent of the family's adjusted income, except that tenants of HOME-assisted units that have been allocated low-income housing tax credits by a housing credit agency pursuant to section 42 of the Internal Revenue Code of 1986 (26 U.S.C. 42)must pay rent governed by section 42. In addition, in projects in which the Home units are designated as floating pursuant to Page 33 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 1 16D19 paragraph(j) of this section,tenants who no longer qualify as low-income are not required to pay as rent an amount that exceeds the market rent for comparable, unassisted units in the neighborhood. 5.3 Affordability Requirements LONG TERM AFFORDABILITY The HOME-assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table, beginning after project completion. The per unit amount of HOME funds and the affordability period that they trigger are described more fully below under Recapture Provisions. HOME Required Affordability Period Rental Minimum period of affordability Affordability Periods(§92.252(e)) in years Rehabilitation or acquisition of existing housing per unit 5 amount of HOME funds:Under$15,000 $15,000 to $40,000 10 Over$40,000 or rehabilitation involving refinancing 15 New construction or acquisition of newly constructed 20 housing 5.4 HOME Per-Unit Subsidy Requirements Due to the discontinuation of the Section 221(d)(3) mortgage insurance program, alternate maximum per-unit subsidy limits must be used for the HOME Program. HUD is required to undertake rulemaking to establish new maximum per-unit subsidy limits for the HOME Program because it is no longer updating and publishing limits for the Section 221(d)(3) mortgage insurance program. Until a new rule can be published, HUD published a Notice establishing an interim policy that Field Office staff and participating jurisdictions (PJs)must follow directing PJs to use the Section 234-Condominium Housing basic mortgage limits, for elevator-type projects, as an alternative to the Section 221(d)(3) limits in order to determine the maximum amount of HOME funds a PJ may invest on a per-unit basis in HOME-assisted housing projects. This interim policy remains in effect until the effective date of the new final rule provisions, amending the existing provisions of 24 CFR 92.250(a). HOME per-unit subsidy limit at 240 percent of the Section 234 basic mortgage limit. Annual Section 234- Condominium Housing basic mortgage limits, for elevator-type projects can be found at: https://www.hudexchange.info/resource/2315/home-per-unit-subsidy/ The maximum subsidy for 234-Condominium Housing is as follows: Bedrooms Non-Elevator Elevator 0 $ 58,232 $ 61,281 Page 34 of 48 Oak Marsh,LLC HOME HM17-14 o Timber Ridge at Sanders Pines () 1 613 1 9 1 67,143 70,250 2 80,976 85,424 3 103,652 110,512 4+ 115,473 121,307 As a rental rehabilitation housing project, the Affordability Period during which SUBRECIPIENT must maintain compliance with all applicable HOME rules shall be a maximum of fifteen (15) years depending on the amount assisted per unit. The Affordability Period will not commence until the Project has met the requirements for Project Completion outlined in 24 CFR 92.2, which will require that construction be complete, all HOME funds have been disbursed by the COUNTY and drawn from the US Treasury,and required completion data has been entered in HUD's IDIS Federal Reporting System. The COUNTY will notify the SUBRECIPIENT of the actual date of completion and the exact date of the expiration of the affordability period, which shall be calculated based on the date of completion. The COUNTY will record a covenant running with the land, in form satisfactory to the COUNTY that provides a means for enforcement of the affordability restrictions of 24 CFR 92.252. The covenant will be recorded senior to all other financing liens, including the first-position mortgage referenced above, and be enforceable against all successors in interest to Collier County. If necessary,the COUNTY may execute an amendment to the Covenant Running with the Land that extends the affordability restrictions of 24 CFR 92.252 to the exact date of expiration of the affordability period. Failure of the project to meet all applicable HOME requirements for the entire Affordability Period will result in a requirement that all HOME funds be repaid by the SUBRECIP1LNT to the COUNTY. 5.5 Repayment Provisions Any HOME funds invested in housing that does not meet the affordability requirements for the period specified in 24 CFR 92.252 must be repaid by the SUBRECIPIENT. Any HOME funds invested in this Agreement that is terminated before completion, either voluntarily or otherwise, must be repaid by the SUBRECIPIENT. In addition, any HOME funds used for costs that are not eligible under this part must be repaid by the SUBRECIPIENT. 5.6 Project Requirements for SUBRECIPIENTS-24 CFR 92.253 The SUBRECIPIENT is required to conform to the following requirements and regulations as stated below: 24 CFR 92.253 Tenant protections and selection. (a) Lease. There must be a written lease between the tenant and the owner of rental housing assisted with HOME funds that is for a period of not less than 1 year, unless by mutual Page 35 of 48 Oak Marsh,LLC HOME HMI7-14 Timber Ridge at Sanders Pines '� 16019 agreement between the tenant and the owner a shorter period is specified.The lease must incorporate the VAWA lease term/addendum required under § 92.359(e), except as otherwise provided by § 92.359(b) (b) Prohibited lease terms. The lease may not contain any of the following provisions: 1.Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease; 2.Treatment of property. Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties.This prohibition,however,does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit.The owner may dispose of this personal property in accordance with State law; 3.Excusing owner from responsibility. Agreement by the tenant not to hold the owner or the owner's agents legally responsible for any action or failure to act,whether intentional or negligent; 4.Waiver of notice.Agreement of the tenant that the owner may institute a lawsuit without notice to the tenant; 5.Waiver of legal proceedings.Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties; 6.Waiver of a jury trial.Agreement by the tenant to waive any right to a trial by jury; 7.Waiver of right to appeal court decision. Agreement by the tenant to waive the tenant's right to appeal,or to otherwise challenge in court,a court decision in connection with the lease; 8.Tenant chargeable with cost of legal actions regardless of outcome. Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses; and 9.Mandatory supportive services.Agreement by the tenant(other than a tenant in transitional housing)to accept supportive services that are offered. (c) Termination of tenancy. An owner may not terminate the tenancy or refuse to renew the lease of a tenant of rental housing assisted with HOME funds,except for serious or repeated violation of the terms and conditions of the lease; for violation of applicable Federal, State, or local.law;for completion of the tenancy period for transitional housing or failure to follow any required transitional housing supportive services plan; or for other good cause. Good cause does not include an increase in the tenant's income or refusal of the tenant to purchase the housing. To terminate or refuse to renew tenancy,the owner must serve written notice upon the tenant specifying the grounds for the action at least 30 days before the termination of tenancy. Page 36 of 48 • Oak Marsh,LLC HOME Timber Ridgeidge att Sanders Pines 16019 (d) Tenant selection.An owner of rental housing assisted with HOME funds must comply with the affirmative marketing requirements established by the participating jurisdiction pursuant to § 92.351(a). The owner must adopt and follow written tenant selection policies and criteria that: 1.Limit the housing to very low-income and low-income families;as evidenced by income vertified documentaton prior to occupancy and annually thereafter to be retained in the SUBRECIPIENT client file and validated by the county's Grant Compliance Unit at the interim and close out monitoring. 2. Are reasonably related to the applicants' ability to perform the obligations of the lease (i.e.,to pay the rent,not to damage the housing;not to interfere with the rights and quiet enjoyment of other tenants); 3.Limit eligibility or give a preference to a particular segment of the population if permitted in its written agreement with the participating jurisdiction (and only if the limitation or preference is described in the participating jurisdiction's consolidated plan). (i) Any limitation or preference must not violate nondiscrimination requirements in § 92.350. A limitation or preference does not violate nondiscrimination requirements if the housing also receives funding from a Federal program that limits eligibility to a particular segment of the population (e.g., the Housing Opportunity for Persons with AIDS program under 24 CFR part 574, the Shelter Plus Care program under 24 CFR part 582,the Supportive Housing program under 24 CFR part 583, supportive housing for the elderly or persons with disabilities under 24 CFR part 891),and the limit or preference is tailored to serve that segment of the population. (ii) If a project does not receive funding from a Federal program that limits eligibility to a particular segment of the population, the project may have a limitation or preference for persons with disabilities who need services offered at a project only if: (A) The limitation or preference is limited to the population of families (including individuals) with disabilities that significantly interfere with their ability to obtain and maintain housing; (B) Such families will not be able to obtain or maintain themselves in housing without appropriate supportive services; and (C) Such services cannot be provided in a nonsegregated setting. The families must not be required to accept the services offered at the project. In advertising the project,the owner may advertise the project as offering services for a particular type of disability; however, the project must be open to all otherwise eligible persons with disabilities who may benefit from the services provided in the project. 4. Do not exclude an applicant with a certificate or voucher under the Section 8 Tenant- Based Assistance:Housing Choice Voucher Program(24 CFR part 982)or an applicant participating in a HOME tenant-based rental assistance program because of the status of the prospective tenant as a holder of such certificate, voucher, or comparable HOME tenant-based assistance document. 5.Provide for the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable; Page 37 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 150 . 16D19 6.Give prompt written notification to any rejected applicant of the grounds for any rejection; and 7.Comply with the VAWA requirements prescribed in § 92.359. 5.7 Resale/Recapture Provisions This agreement will follow the published policy in the applicable Action Plan for resale/recapture. (Signature Page to Follow) Page 38 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 160 19 IN WITNESS WHEREOF,the Subrecipient and the County,have each,respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD O CO TY CO►' f!' IONERS CRYSTAL K. KTNZEL OF COL R LINTY, F i "- ►,'1 CLE• , ` IAAkaii Mfr , By: •—ity Clerk Attest as to Ch T4s, — —ANDY—SOLISCHAIRMAN signature Only. OAK MARSH, LLC Dated: " (SEAL) By: I._ Ste en Kirk, resident 49cLL ) Witness Name and Title W1 ness Val, it, ear 1001 try Name and Title Approved as to form and egality: Jennifer Belpedio 0 Assistant County Attorney \ Page 39 of 48 Oak Marsh,LLC HOME 11N117-14 Timber Ridge at Sanders Pines { 16019 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County,do 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services perfouned by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above,the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 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 Page 40 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines • 16D 19 special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an"All Risk"basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Page 41 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines i� n - 16019 EXHIBIT "B" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION (CHS) SECTION I: REQUEST FOR PAYMENT Sub recipient Name: _OAK MARSH, LLC_ Sub recipient Mailing Address: _19308 SW 8380 ST, Florida City, FL 33034 Project Name: _Timber Ridge and Sanders Pines Agreement No: HM17-14 Payment Request# Total Payment Minus Retainage: $ Period of Availability: through Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. 10%Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Grant Coordinator Grant Accountant Supervisor (approval required$15,000 and above) Dept Director (approval required $15,000 and above) Page 42 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 160 19 EXHIBIT "C" REPORTING SCHEDULE The Subrecipient shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October 1st—December 31st January 10th January 31st—March 31st April 10th April 1St—June 30th July 10th July 1st— September 30th October 10th HOME SUBRECIPIENT AGREEMENT PROJECT NAME: Oak Marsh, Timber Ridge @ Sanders Pines_ Date Submitted: Activity Reporting Period: Contact Person: Telephone: Email: GENERAL 1. Activity Status or Milestones—describe any significant actions taken or outcomes achieved during this reporting period. 2. Future Actions — what significant actions or outcomes are expected during the next reporting period? 3. Obstacles—describe any potential obstacles, challenges, or issues that may cause delay. Page 43 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines D 16019 ACTIVITY STATUS Complete the following information by entering the appropriate numbers for this reporting period in the tables below. Do not duplicate information from previous reporting periods. Activity This Reporting Period No. Active Projects No. Projects Complete No. Properties Sold TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. Household Data This Reporting Period No. Extremely-Low Income Households (0-30% AMI) No. Very-Low Income Households (31-50%AMI) No. Low-Income Households (51-80%AMI) No. Female Head of Households TOTAL RACE AND ETHNICITY BENEFICIARIES Race Total No. Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL Page 44 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16019 EXHIBIT "D" INCOME CERTIFICATION INSTRUCTIONS Submit completed form, including appropriate supporting documentation to Grantee to obtain approval prior to the sale or lease of a property associated with this Agreement to an eligible person or household. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Income Member Asset Description Cash Value from Assets 1 2 3 4 5 6 7 8 Total Cash Value of Assets B(a) 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 2.0%) and enter results in B(c), otherwise leave blank. B(c) Page 45 of 48 Oak Marsh,LLC HOME14 Timber Ridge idge at Sanders Pines 16019 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the 1 _ greater of 2 box B(b) or 3 box B(c), 4 above, in 5 box C(e) 6 below) 7 8 Totals (a) (b) (c) (d) (e) Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. 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 Date Signature of Spouse or Co-Head of Household Date Adult Household Member(if applicable) Date Adult Household Member (if applicable) Date Page 46 of 48 Oak Marsh,LLC HOME HM17-14 Ridgedge at at Sanders Pines4i0 16019 E. HOME 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 HOME. The family or individual(s)constitute(s)a: Extremely-Low Income(ELI)Household means and individual or family whose annual income does not exceed 30 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$ ). 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. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Low-Income(LI)Household means and individual or family whose annual income does not exceed 60 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 HOME Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age Native American Asian Black Hawaiian or White Other 0—25 26—40 41—61 62+ Indian Other Pac. Islander Hispanic Non- Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No occupant is required to give such information he or she desires to do so,and refusal to give such information will not affect any right he or she has an occupant. Page 47 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines 16019 EXHIBIT "E" 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 Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most most recently completed Fiscal Year 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 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 requirement of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above n ❑ 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 Date Print Name and Title 6/18 Page 48 of 48 Oak Marsh,LLC HOME HM17-14 Timber Ridge at Sanders Pines ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i 60 19 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines 41 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office, Route to Addressee(s) (List in routing order) Office Ini i is Date 1. Susan Golden Community and Human , 9/6/18 Services 2. Jennifer Belpedio County Attorney Office {fin R `t 1 1 1 S 3. BCC Office Board of County '5�� i Commissioners i'\,/ `47— tib, 4. Minutes and Records Clerk of Court's Office �__, cq q 1 a a ,`9:2-1 pir ice. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above;may need to contact staff for additional or missing information. Name of Primary Staff Susan Golden/CHS Phone Number 252-2336 Contact/ Dept anent S Agenda Date Item was 9/11/2018 .,E Agenda Item Number I6.D.+6") .04 Approved by the BCCi 17 Type of Document HUD Annual Entitlement Agreement for Number of Original kb ' ct�C9cr‘e. 'C Attached 2018-2019 and y2'Subrecipient Agreements Documents Attached r , for FY 2018-19(11)and/for FY2017- sets eeh). ' Qa.a.k 20181 PO number or account ft 1�:•••44e4!i'`,ert-nTi: l0-0 ,4;,.. ',l; number if document is A 0C 6 to be recorded �"} INSTRUCTIONS & CHIECKLIST initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 514,41.,,,,‘„) SG 2. Does the document need to be sent to another agency for additional signatures' If yes, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require,rforwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC 9/11/2018 and all changes made during thef !A is n.oi meeting have been incorporated in the attached document. The County Attorney's \ a'o� option for Office has reviewed the changes,if applicable. , of tine 9. Initials of attorney verifying that the attached document is the version approved by the !-'!t -----'. A is not BCC,all changes directed by the BCC have been made,and the document is ready for e1 anloption for Chairman's signature. l7 p Its line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05.Revised 2.24.05:Revised 11/30/12 16019 FAIN# E-18-UC-120016 Federal Award Date EST 10/2018 Federal Award Agency HUD CFDA Name Emergency Solutions Grant CFDA/CSFA# 14.231 Total Amount of $115,022.00 Federal Funds _Awarded Subrecipient Name THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. DUNS# 836680769 FEIN 59-2752895 R&D No Indirect Cost Rate No Period of Performance October 1, 2018— September 30, 2019 Fiscal Year End 6/30 Monitor End: 12/19 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN ANI) CHILDREN, INC. THIS AGREEMENT is made and entered into this I day of , 2018, by and between Collier County, a political subdivision of the State of Florid ("COUNTY" or "Grantee")having its principal address as 3339 E.Tamiami Trail,Naples FL 34112,and"THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.", a private not-for-profit corporation existing under the laws of the State of Florida,having its principal office at PO BOX 10102,Naples,FL. WHEREAS,the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County,pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing(HEARTH)Act(24 CFR 576)amending the McKinney-Vento Homeless Act(42 U.S.C. 11371-11378); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance and Homeless Management Information System [HMIS]); and WHEREAS,the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan-One-Year Action Plans for Federal Fiscal Year 2018-2019 for the ESG Program at the July 10,2018,Agenda Item 11.F.Board of County Commissioners meeting. The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 1 • 16D15 NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the Parties as follows: PART I SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Community and Human Services Division(CHS),perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant ESG Program: Project Component One: Personnel costs to support a Security and IT Coordinator. Project Component Two: Annual utilities to operate the facility including, but not limited to, electricity, water and sewer,trash collection, insurance, internet,phone, and security system. Project Component Three: Shelter operations, including, but not limited to, monthly security systems' monitoring,recurring monthly fees, maintenance expenses and food costs. 1. Project Tasks: a. Maintain documentation on all households served in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting an ESG Eligible Activity 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). 1.1 GRANT AND SPECIAL CONDITIONS A. The Subrecipient must have the environmental requirement cleared by the CHS prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. B. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds. • Affirmative Fair Housing Policy • Affirmative Action/Equal Opportunity Policy • Affirmative Action Plan • Conflict of Interest Policy • Procurement Policy The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 2 16D 19 ❑ Uniform Relocation Act Policy • Sexual Harassment Policy ▪ 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 1 u) ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. 794) ® Fraud Policy 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 undertake 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/Budget The budget identified for the Shelter Operations Project shall be as follows: Description Federal Amount ESG Match 1:1 Project Component 1: Security&IT Coordinator 28,022.00 Project Component 2: Annual utilities to operate the facility 80,000.00 including, but not limited to, electricity, water and sewer, trash collection, insurance, internet, phone, and security system Project Component 3: Shelter operations, including, but not 7,000.00 limited to, monthly security systems' monitoring, recurring monthly fees.,maintenance expenses and food costs. ESG Match Requirement Documentation of $115,022.00 ESG Eligible Matching Funds Total Federal Funds: The Subrecipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the County, as requested, beneficiary income certification documentation ® Provide Quarterly Reports and project progress ® Required attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards n Provide certified payroll weekly throughout construction and rehabilitation The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 3 1 613 1 9 Comply with Uniform Relocation Act(URA), if necessary (� Ensure applicable numbers of units are Section 504/ADA accessible f Ensure the applicable affordability period for the project is met B. Program Components/Eligible Activities All services/activities funded with ESG funds must meet one of the ESG program components, as defined in 24 CFR 576: • Street Outreach: funds may cover costs related to essential services for unsheltered persons(including emergency health or mental health care,engagement,case management and services for special populations. • Emergency Shelter:funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management,child care,education,employment assistance and job training,legal,mental health, substance abuse treatment,transportation and services for special populations). • Homelessness Prevention and Rapid Re-Housing: both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement activities).Housing may also be used for short or medium-term rental assistance for those who are at-risk of becoming homeless or transitioning to stable housing. • HNIIS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software,or equipment,technical support,office space,salaries of operators,staff training costs and participation fees). C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty(60)days prior to Policies(Section 1.1) agreement per Section 1.1 agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and annually within thirty (30)days of renewal Detailed project Schedule Project Schedule N/A Project Plans and Site Plans and Specifications N/A Specifications Sub Contractor Log Sub Contractor Log N/A Submission of Progress Exhibit C Within 10 days after the end of the Report quarter,until project is complete. (Quarterly Report) Section 3 Report Quarterly reports on new hire Within 10 days after the end of the information quarter,until project is complete (Quarterly report) Financial and Compliance Exhibit D 9 Months after FY end Audit The Shelter for Abused Women and Children,Inc Sh18-001 terO Shelter Operations Page 4 16D19 Continued Use Certification Continued Use Affidavit, if N/A applicable Revenue Plan for maintenance Plan approved by the County N/A and Capital Reserve Program Income Reuse Plan Plan Approved by the County N/A D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Salary for Upon invoicing using Exhibit B will Monthly by the 10th of Shelter Security and IT reimburse allowable expenses with the month following Coordinator documentation including but not limited month of service to properly completed invoices, Project Component 2: Annual timesheets,payroll,banking,canceled utilities to operate the facility checks,utility documents(s),and any including,but not limited to, additional supporting documentation as electricity,water,trash needed. collection,phone, and security system. Project Component 3: Shelter operations, including, but not limited to,monthly security systems' monitoring,recurring monthly fees.,maintenance expenses and food costs. Final 10% ($)released upon a successful close-out monitoring. Retainage will be deducted from each invoice ESG Match Supporting Match documentation from Monthly by 10th of Thrift Shoppe Revenue month following month of service 1.3 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2018 and shall end on September 30, 2019. The services/activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 5 0 16D19 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED FIFTEEN THOUSAND TWENTY TWO DOLLARS AND ZERO CENTS ($115,022.00) for use by the SUBRECIPIENT, during the Term of the Agreement(hereinafter, shall be referred to as the"Funds"). Modifications to the`Budget and Scope"may only be made if approved in advance.Budgeted fund shifts between project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a project component shall only be made with Board approval. All services/activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. 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. 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 ESG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days 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 Subrecipient. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 6 16019 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 Subrecipient 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 Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart 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 Subpart E.The Developer will use adequate internal controls,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, and personal delivery, sent by facsimile or other electronic means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble,Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email: Carolyn.noble@colliercountyfl.gov Telephone: (239)252-5393 SUBRECIPIENT ATTENTION: Julie Franklin,Chief Operating Officer The Shelter for Abused Women&Children,Inc PO Box 10102 Naples,FL 34101 Email:jfranklin@naplesshelter.org Telephone: (239)280-1350 The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 7 16019 PART H GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review,inspection or audit. Any deficiencies noted in audit reports 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 of future 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 Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The Subrecipient shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this agreement, the ESG Program and all other applicable laws and regulations.This documentation shall include,but not be limited to,the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents,maps, books, records and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the purpose of this agreement shall be made available to the COUNTY, by the SUBRECIPIENT,at any time,upon request by the COUNTY or 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. 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,the SUBRECIPIENT shall keep 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 performance and evaluation report, as prescribed in 2 CFR The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 8 16D19 200.333,with the following exception: if any litigation,claim or audit is started 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 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 Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. 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 compliance. G. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR 576.100 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations, as defined in 24 CFR 576.100, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 9 0 161119 confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, 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. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports 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-performance based on goals and performance standards, as stated, with all other applicable laws,regulations,and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance,as determined by the COUNTY,will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY,contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE 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 by the 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 reports 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. The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 10 1 6 D 1 9 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce 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: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • 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 portion 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. 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 properties conveyed, be returned 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 terminated. • 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 project that was terminated. This The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 11 0 16D19 includes the amount invested by the County for the initial acquisition of the 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 report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C".Exhibit"C"contains a sample reporting 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. 2.7 ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG 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 ESG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds,the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event,the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. The Shelter for Abused Women and Children,Inc 001 Shelter er Operations Page 12 4 16D19 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent, if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations,Part 576,the U.S.Housing and Urban Development regulations concerning HEARTH Act.The SUBRECIPIENT also agrees to comply with all other applicable Federal, State and Local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement,nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State or governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from ESG grant funds, provided by HUD, and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG funds pertaining to this agreement. In the event of curtailment or non-production of said federal funds,the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this agreement,which termination shall be effective as of the date that it is determined by the County Manager or designee, in his or her sole discretion and judgment,that The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 13 16019 the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages,losses,costs,and causes of action which may arise out of an act,omission,including,but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this Agreement. 3.7 COUNTY RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,descriptions of the sponsorships of the Program,research reports and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of,and/or about the Program shall include the statement: "FINANCED BY U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD)AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES" 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 partial terminations,the portion to be terminated. However, if in the case of a partial termination,the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 14 ��r;, 16019 The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules,regulations or provisions referred to herein,or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure,for any reason,of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all ESG funds that SUBRECIPIENT has received under this agreement; D. Apply sanctions, if determined by the County to be applicable; E. Stop all payments, until identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the agreement is terminated by the County, as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. 3.9 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar-for-dollar, pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may comply with its requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as State, Local and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 15 16D 19 funds from being used to match ESG funds. In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by HUD, as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions; or 2. Non-cash contributions, calculated per requirements, in 24 CFR 576.201(e), include the value of any real property,equipment,goods,or services contributed to the SUBRECIPIENT's ESG program,provided that if the SUBRECIPIENT had to pay for them with grant funds,the costs would have been allowable.Non-cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building,or of any lease,using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing similar work,the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements,provided the costs are eligible ESG costs that supplement the ESG program. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity),the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of ESG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE 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 SUBRECIPIENTS's performance under the agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Emergency Solution Grant. (24CFR576 et seq.) The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 16 • 16019 3.13 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 (ITB, RFP, ITN, RPS, IFQ) All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees,or shall be put out to competitive bidding,under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into 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. 3.14 PROGRAM-GENERATED INCOME No Program Income is anticipated. In the event there is Program Income derived from the use of ESG funds disbursed under this agreement,such Program Income shall be retained by the SUBRECIPIENT for use in the Emergency Solutions Grant Program. Any "Program Income" (as such term is defined under applicable Federal regulations)gained from any activity of the SUBRECIPIENT funded by ESG 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 576.201 in the operation of the Program.When program income is generated by an activity that is only partially funded with ESG funds,the income shall be prorated to reflect the percentage of ESG 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. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records.In addition to the records retention outlined in 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 CFR 200.343 and ensure all federal grant requirements have been completed. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Shelter for Abused Women and Children,Inc h18001 Shelter Operations Page 17 16D19 The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the area,and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area(as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining and operating facilities assisted under ESG, in providing services assisted under ESG,and in providing services for occupants of facilities assisted under ESG.This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's 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. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms"small business"means a business that meets the criteria set forth in section 3(a)of the Small Business Act,as amended(15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women.For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES One Hundred percent(100%)of the beneficiaries of a project funded through this agreement must be at risk of homelessness,as defined by 24 CFR 576.2 3.19 AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 18 16D19 3.20 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 fmancial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611,2 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 part by a covered person or an entity owned or controlled, in whole or in part,by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT,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 unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.21 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation and privacy standards(Exhibit E), as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards(Exhibit F)provided in 24 CFR 576.403(c)and all applicable State and Local housing codes, licensing requirements and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.24 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 19 16019 3.25 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s)developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 576.406. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and Local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs,provided that it does not use direct ESG 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, ESG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG funds in this part.Sanctuaries,chapels,or other rooms that a ESG funded religious congregation uses as its principal place of worship, however, are ineligible for ESG funded improvements. 3.27 INCIDENT REPORTING If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the County. 3.28 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 20 16019 PART IV GENERAL PROVISIONS 1. 24 CFR Part 576 Emergency Solutions Grants Program,as amended.—All the regulations regarding the ESG Program. 2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 58, as amended. https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr58 main_02.tpl 3. Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended. https://www.hud.gov/program_offices/fair housing qual opp/FHLaws/109 https://www.gpo.gov/fdsys/pkg/PLAW-104pub1120/html/PLAW-104pub1120.htm 4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166 https://www.hhs.gov/civil-rights/for-individuals/special-topics/needy-families/civil-rights- requirements/index.html https://www justice.gov/crt/executive-order-13166 5. Title VIII of the Civil Rights Act of 1968 as amended https://www.eeoc.gov/laws/statutes/titlevii.cfm 6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.law.cornell.edu/cfr/text/24/570.601 7. Executive Order 11246("Equal Employment Opportunity"),as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. https://www.eeoc.govieeoc/history/35th/thelaw/eo-11246.html 8. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.eeoc.gov/laws/statutes/titlevii.cfm 9. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. https://www.hudexchange.info/resource/2330/24-cfr-part-135-section-3-regulations/ The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 21 a� Q 16019 10. The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." 11. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low-and very low-income persons residing within the metropolitan area in which the ESG-funded project is located;where feasible,priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low-and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. 12. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 13. Age Discrimination Act of 1975,Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.https://www.eeoc.gov/laws/statutes/adea.cfin 14. Contract Work Hours and Safety Standards Act, 40 USC 327-332. .https://www.dol.gov/whd/regs/statutes/safe01.pdf 15. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8.https://www.hud.gov/sites/documents/5784 N_01 NOTICE_5_15_14.PDF 16. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable https://www.law.cornell.edu/uscode/text/42/12131 17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm 18. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 22 16D29 19. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts.https://ogc.commerce.gov/page/executive-order-11625 20.The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations,and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. https://www.law.cornell.edu/cfr/text/24/570.607 21.Public Law 100-430-the Fair Housing Act(42 U.S.C.3601,et seq.)and implementing regulations at 24 CFR Part 100. https://www.gpo.gov/fdsys/pkg/STATUTE-102/pdf/STATUTE-102- Pg1619.pdf 22. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. https://www.uscis.gov/tools/glossary/immigration-reform-and-control-act-1986-irca 23.Prohibition Of Gifts To County Employees-No organization or individual shall offer or give,either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee,as set forth in Chapter 112, Part III,Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. http://sp 16/sites/HumanResources/Shared%20Documents/County-Practices-and-Procedures- (CMA)/CMA%205 311%20Code%20of%20Ethics%20and%20Anti%20Fraud%2ONEW.pdf https://www.collierclerk.com/records-search/bmr-records-search 24. Order of Precedence- In the event of any conflict between or among the terms of any of the Contract Documents,the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement.To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any,or the Agreement,the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 25.Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court,20th Judicial Court of Florida, if in federal court.BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. 26. The SUBRECIPIENT agrees to comply with the following requirements: Clean Air Act,41 U.S.C. 7401, et seq. The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 23 16D19 Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information as well as other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued there under. https://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap85.htm https://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-chap26.pdf 27.In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.4001 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by Federal Emergency Management Agency (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.fema.gov/media-1 ibrary/assets/documents/7277 https://www.gpo.gov/fdsys/granulelCFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-605 28.All shelters assisted under the ESG program and all housing occupied by program participants must adhere to the requirement of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846),the Residential Lead-Based Paint Hazard Reduction Act of 1992(42 U.S.C.4851-4856)and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M and R. Such regulations pertain to all HUD-assisted housing and require that all owners,prospective owners and tenants of properties construction prior to 1978 be properly notified that such properties may include lead- based paint. Such notifications shall point out the hazards of lead-based paints and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven.The notice should also point out that if lead based paint is found on the property,abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property,paint testing,risk assessment,treatment and/or abatement may be conducted. http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter63&edition=prelim 29.The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. https://www.nps.gov/history/local-law/nhpa1966.htm 30. 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. 31.The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988(41 U.S.C.701).https://www.gpo.gov/fdsys/granule/USCODE- 2009-title41/USCODE-2009-title41-chap 10-sec701/content-detail.html 32.The SUBRECIPIENT agrees that no funds provided,nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo.gov/fdsys/granule/USCODE- 2009-title41/USCODE-2009-title41-chap 10-sec701/content-detail.html 33. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, The Shelter for Abused Women and Children,Inc ES 18-0Operations Shelter OPage 24 16D19 proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.https://www.law.cornell.edu/cfr/text/24/part-570/subpart-K 34.The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls,and maintain necessary source documentation for all costs incurred. 35. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180)days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB Audits of States,Local Governments,and Non-Profit Organizations.If this Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 36. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 https://www.gpo.gov/fdsys/pkg/PLAW-109pub1282/pdf/PLAW- 109pub1282.pdf 37. 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, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling(See 49 CFR 24.505(c)(2)(ii)(D). https://www.gpo.gov/fdsys/granule/CFR-2009-title49-volt/CFR- 2009-title49-vol 1-part24 38.As provided in§287.133,Florida Statutes by entering into this Agreement or performing any work in furtherance hereof,the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.133.html 39. Lobbying -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. The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 25 0 16019 40. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions and shall comply with 24 CFR part 87. https://www.law.cornell.edu/cfr/text/24/part-87 41. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontracts,sub-grants,contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly; 42. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.C.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. https://www.gpo.gov/fdsys/granule/USCODE-2010- title31/USCODE-2010-title31-subtitlell-chap 13-subchaplll-sec 13 52/content-detail.html 43.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/trave]/plan-book/per-diem-rates 44.Any rule or regulation determined to be applicable by HUD. 45.Florida Statutes 119.021 Records Retention https://m.flsenate.gov/Statutes/119.021 46.Florida Statutes, 119.071,Contracts and Public Records https://www.lawserver.com/law/state/florida/statutes/florida statutes_119-07 47.Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2,but who are defined under Section 387(3)of the Runaway and Homeless Youth Act(42 U.S.C. 5732a(3)), Section 637(11)of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6)of the Violence Against Women Act of 1994(42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A)of the Public Health Service Act(42 U.S.C. 254b(h)(5)(A)), Section 3(m)of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15)of the Child Nutrition Act of 1966 (U.S.C. 1786(b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11434a(2)) https://www.federalregister.gov/documents/2016/12/20/2016-3 0241/runaway-and-homeless- youth 48. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https://www.epa.gov/enforcement/resource-conservation-and-recovery-act-rcra-and-federal- facilities https://www.law.cornell.edu/cfr/text/40/247.1 (Signature Page to Follow) The Shelter for Abused Women and Children,Inc SShelter Operations elter Operations Page 26 '• 16D 19 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. CRYSTAL K. KINZEL, ATTEST: CLERK BOARD TY 1..IONERS OF COLLI. CO . -�i 0 (--- _L By: A atkt 1' (")b ' A, epu terk ANDY SOLIS,CHAIRMAN Attest as to Ch .J$ signature only.: Date: 9/) g ii p I—13 l3 ` THE SHELTER FOR WOMEN&CHILDREN,INC. Dated: C (SEAL) By: Linda Oberhaus, Chief Executive Officer Date: er/s /ir Approved as to form and legality: siJennifer A. pedio Assistant County Attorney ] Q7 Date: I1h1J i I 4, - The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 27 J 16019 EXIIIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk"basis in an amount not less than one hundred (100%)percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 28 16D19 OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or contract. 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an"All Risk"basis in an amount not less than one hundred(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A(As Their Interest May Appear). 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee with respect to this coverage A.T.I.M.A. The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 29 16019 EXHIBIT"B" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: THE SHELTER FOR WOMEN&CHILDREN,INC. Subrecipient Address: PO Box 10102,Naples,FL 34101 Project Name: Emergency Solutions Grant-Emergency Shelter Operations Project Project No: Payment Request# Total Payment Minus Retainage: Period of Availability: 10/01/18 through 09/30/19 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1.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 $ 6.Current Grant Balance (Initial Grant Amount Award request)(includes Retainage) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required $15,000 and above) The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 30 16011 EXHIBIT "C" Emergency Shelter Grants (ESG)Program Client Report Period: Fiscal Year: Contract Number: Organization/s: Program/s: Contact Name: Contact Number: Characteristics Report Report Selection Criteria Ethnicity Non- Race Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial 2.Number of adults and children served: a.Residential Number of Adults Number of Children Number of Unknown Age b.Non Residential Number of Adults Number of Children Number of Unknown Age 3.Number of individuals/families served, by categories: Number of individual households (singles) Unaccompanied 18 and over Male Female Unaccompanied 17 and under Male Female The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 31 16019 Number of Families with children Headed by single 18 and over Male Female Headed by single 17 and under Male Female Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL 4. Total project(s)/service(s) provided to clients in range: a. emergency shelter facilities shelter h. employment b. vouchers for shelters i. transitional c. drop-in center j. outreach d. food pantry k. soup kitchen/meal distribution e. mental health 1.health care f alcohol/drug m.HIV/AIDS services g. child care n. other(please list) 5. Number of clients served by sub population (duplicated count): a. Chronically Homeless f. Chronic Substance Abuse(alcohol and/or drug) b.Victims of Domestic Violence g. Severely Mentally Ill c. Elderly h. Runaway/throwaway youth d.Veterans i. Other disability (Physical and/or e. Individuals with HIV/AIDS Developmental) (Chronically Homeless-HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Barracks Hotel/Motel Group/Large House Other Apartment/Complex Scattered Site Apaitment Other Single Family Duplex Single Family Detached House Other Single Room Occupancy TOTAL Mobile Home/Trailer The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 32 (14,1) '? 16019 EXHIBIT "D" 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 Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during most during most recently completed Fiscal Year recently completed Fiscal Year $ $ Check A.or B.Check C if applicable The federal/state expenditure threshold for our fiscal year ending as indicated above has ❑ 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. A. We are not subject to the requirements of OMB 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 fmancial 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 l_I 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. Date Print Name and Title 06/18 The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 33 16019 EXHIBIT"E" EMERGENCY SHELTERS Minimum Standards The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Emergency Shelters,as applicable: 24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions Grant(ESG)funds are used for conversion,major rehabilitation,or other renovations,must meet State or Local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety,sanitation and privacy standards.The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents.Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act(29 U.S.C. 794)and implementing regulations at 24 CFR Part 8;the Fair Housing Act(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas,if any,must contain suitable space and equipment to store,prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions.The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 34 16019 EXHIBIT"F" PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph.The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents.Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act(29 U.S.C. 794)and implementing regulations at 24 CFR Part 8;the Fair Housing Act(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment.The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any,must contain suitable space and equipment to store,prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions.The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. The Shelter for Abused Women and Children,Inc ES 18-001 Shelter Operations Page 35 16019 EXHIBIT"G" COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a)Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; developing the performance standards for,and evaluating the outcomes of,projects and activities assisted by ESG funds; and developing funding,policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for that area.These programs include: (1) Shelter Plus Care Program (24 CFR part 582); (2) Supportive Housing Program(24 CFR part 583); (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals(24 CFR part 882); (4) HUD Veterans Affairs Supportive Housing(HUD—VASH) (division K, title II, Consolidated Appropriations Act, 2008,Pub.L. 110-161 (2007), 73 FR 25026(May 6,2008)); (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII—B of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq. )); (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C.290aa-5); (7) Healthcare for the Homeless(42 CFR part 51c); (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)); (9) Projects for Assistance in Transition from Homelessness(part C of title V of the Public Health Service Act(42 U.S.C. 290cc-21 et seq.)); (10) Services in Supportive Housing Grants(section 520A of the Public Health Service Act); (11) Emergency Food and Shelter Program(title III of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11331 et seq.)); (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act(42 U.S.C. 13975)); (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act(38 U.S.C. 2021); (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043); (15) VA Homeless Providers Grant and Per Diem Program(38 CFR part 61); (16) Health Care for Homeless Veterans Program(38 U.S.C. 2031); (17) Homeless Veterans Dental Program (38 U.S.C. 2062); (18) Supportive Services for Veteran Families Program(38 CFR part 62); and (19) Veteran Justice Outreach Initiative(38 U.S.C. 2031). The Shelter for Abused Women and Children,Inc ES18-001 Shelter Operations Page 36 �9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 60 1 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Susan Golden Community and Human ,,,,A; 9/6/18 Services 2. Jennifer Belpedio County Attorney Office t' l, 3. BCC Office Board of County 'S47- 1=>,-,‘ 1 Commissioners �--h4e lV2.1\\'S„, 4. Minutes and Records Clerk of Court's Office eili 3t, `1 a 1 r:zm ---ta PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above.may need to contact staff for additional or missing information. Name of Primary Staff Susan Golden/CHS, Phone Number 252-2336 Contact/ Depai Latent Agenda Date Item was 9/11/2018 ' Agenda Item Number 16.D.iff)a Approved by the BCC I Type of Document HUD Annual Entitlement Agreement for Number of Original ,b Rgres— 'X. Attached 2018-2019 and,WSubrecipient Agreements Documents Attached , for FY 2018-19(1 1)and,Yfor FY2017- Rets-effeit} '3 c.) 'v`'�`� 2018t PO number or account .4",;%:."14.4-!•'!-,f) ',0rt,1%j:to'rei<'<j;raTtk number if document is 1 + to be recorded INSTRUCTIONS & fIECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? 5 OL.,... SG 2. Does the document need to be sent to another agency for additional signatures. If yes, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and requireforwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC 9/11/2018 and all changes made during the 10,,,,i,'" #S , ? meeting have been incorporated in the attached document. The County Attorney's lik :'=es t3t`ftt' Office has reviewed the changes,if applicable. I is line. 9. Initials of attorney verifying that the attached document is the version approved by the M-'r' i NIA is not BCC,all changes directed by the BCC have been made,and the document is ready for eI anloption for Chairman's signature. k Q e s line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05:Revised 11/30/12 16019 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 $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 Performance 10/01/2018-05/31/2020 Fiscal Year End 6/30 Monitor End: 12/2024 AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY,INC. THIS AGREEMENT is made and entered into this 1\ day of ..hl\ tr 20 A 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 A -05 Acquisition of Real Property Page 1 l 16019 WHEREAS,the County and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CD18-05 Acquisition of Real Property. NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the Parties 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 property 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 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 olicies must be adopted bythe SUBRECIPIENT's P P governing body within sixty(60)days of this agreement: • Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy Procurement Policy • Uniform Relocation Act Policy • Sexual Harassment Policy • 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 1 u) Habitat for Humanity CD18-05 Acquisition of Real Property Page 2 Q 16019 • Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. 794) • Fraud Policy 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 undertake any activity or commit any HUD funds, in a legally binding agreement, 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. The Subrecipient shall have 15 months from the agreement execution date to acquire/close on a large tract parcel, unless the HUD ERR review is still in progress, in which case, 18 months from the date of execution is allowed in order to complete the environmental and complete the acquisition/close on the parcel. Within 9 months from the agreement execution date should a large tract parcel not be identified and an initial offer to purchase and appraisal begun, with the environmental review nearing completion, the Subrecipient shall immediately pursue and acquire multiple parcels to allow for the eventual construction of 51 homes to benefit LMI persons. All parcels must be acquired and closed no later than May 1, 2020, 18 months from agreement execution date. The Subrecipient will have 12 months from the agreement execution date to demonstrate compliance with these terms, otherwise the funding will be rescinded and reprogrammed in order to meet HUD expenditure requirements. The Subrecipient shall adhere to the voluntary acquisition process outlined in URA regulations and shall not enter into a sales contract until the Subrecipient has demonstrated substantial compliance. The agreement of sale shall include the following conditional language; sale is subject to all HUD and other applicable federal requirements to include URA, ERR and FMV. The subrecipient should consider alternative properties available for purchase prior to entering into any sales agreement for property which exceeds the original estimate of market value. No CDBG funds will be allocated toward the purchase of any parcel that appraises for more than the fair market value without written approval from CHS. 1.2 PROJECT DETAILS A. Project Description/Project Budget Acquisition of Real Property Federal Amount Project Component 1: The acquisition of land in Collier County including appraisal $1,000,000 fees, survey, inspections, and other closing costs to benefit future housing construction Total Federal Funds: $1,000,000 Habitat for Humanity AD18-05 Acquisition of Real Property Page 3 16015 The SUBRECIPIENT will accomplish the following checked project tasks: • Pay all closing costs related to property conveyance Maintain and provide to the County, as requested, beneficiary income certification documentation • Maintain National Objective Documentation • Provide Quarterly Reports on National Objectives and project progress Required attendance by a representative from executive management at quarterly partnership meetings,as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. • Identify Lead Project Manager • • Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation • Comply with Uniform Relocation Act(URA),if necessary • Ensure applicable numbers of units are Section 504/ADA accessible • 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: ❑ LMA—Low/Mod Area Benefit ❑ LMC—Low/Mod Clientele Benefit LMH—Low/Mod Housing Benefit O 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. LMII: 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 Habitat for Humanity CD18-05 Acquisition of Real Property Page 4 16019 the national objective under this agreement will require repayment of the CDBG investment under this agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty(30)days of renewal Detailed project Schedule Project Schedule Prior to commencement of acquisition activities and upon revisions Project Plans and Specifications Site Plans and Specifications Included with Environmental Subcontractor Log Subcontractor Log Not Applicable Submission of Progress Report Exhibit C 10 days following the end of the quarter and a final close out report upon project completion reports.Annually after closeout, as required. Section 3 Report Quarterly report of new hire Quarterly information Financial and Compliance Audit Exhibit E Annually,nine(9)months for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit, if Annually and for the next 5 applicable years following achievement of the national objective Revenue Plan for maintenance Plan approved by the County Not Applicable and Capital Reserve Program Income Reuse Plan Plan Approved by the County Not applicable, all properties shall contain a deed restriction upon resale in the favor of Collier County D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: The Submission of supporting documents Prior to acquisition acquisition of land in Collier must be provided as backup as evidenced County including appraisal fees, by Closing Disclosure/invoice/deed survey, inspections,and other restriction/banking documents/Exhibit B closing costs to benefit future and any additional documentation as housing construction requested There will be no retainage held on this project Habitat for Humanity CD18-05 4!!) Acquisition of Real Property Page 5 16D19 Retainage is not applicable to this project.At the time of sale and upon completion of construction of new home,a job cost detail will be provided for each home. Prior to the sale of each property,Program Income shall be calculated and submitted to the COUNTY for approval. The SUBRECIPIENT shall calculate the CDBG investment in each property utilizing the job cost detail. The net CDBG investment shall be secured with a Note and Mortgage to the benefit of the COUNTY. *Example in calculating CDBG homeowner subsidy(for illustration purposes only): $50,000 CDBG investment+$80,000 job cost detail=total development cost($130,000) $50,000/$130,000=.38 job cost $150,000*.38%=Sales Price/CDBG subsidy or$57,000 to LMI homebuyer and secured with Note and Mortgage. Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under this agreement. 13 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on October 1, 2018 and shall end on May 31, 2020. 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 The COUNTY agrees to make available (One Million Dollars and 00 cents ($1,000,000.00) for use by the SUBRECIPIENT, 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. 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 every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this agreement. Habitat for Humanity CD18-05 Acquisition of Real Property Page 6 16019 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 SUBRECIPIENT. 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 and 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 SUBRECIPIENT 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 Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart 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 Subpart E. The Developer will use adequate internal controls, 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 delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. Habitat for Humanity AD18—OS Acquisition of Real Property Page 7 16D19 COLLIER COUNTY ATTENTION: Rose Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email:Rosa.Munoz@colliercountyfl.gov Telephone: (239)252-5713 SUBRECIPIENT ATTENTION:Nick Kouloheras,President 11145 Tamiami Trail East Naples,Florida 34113 Email:nkouloheras(4habitatcollier.org Telephone: (239)775-0036 Habitat for Humanity CD18-05 (111 Acquisition of Real Property Page 8 16019 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review,inspection or audit. Any deficiencies noted in audit reports 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 of future 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 Part 200, Subpart 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. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed,prepared,assembled, or completed by the SUBRECIPIENT for the purpose of this agreement shall be made available to the COUNTY, by the SUBRECIPIENT,at any time,upon request by the COUNTY or 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. Habitat for Humanity CD18-05 Acquisition of Real Property Page 9 16D19 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 performance and evaluation report, as prescribed in 2 CFR 200.333,with the following exception: if any litigation,claim or audit is started 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 CONTRACTOR 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(a,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 fmal arbiter on the SUBRECIPIENT's compliance. 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 Habitat for Humanity CD18-05 Acquisition of Real Property Page 10 S 1bD19 determinations, as defined in 24 CFR 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 CFR 200.36 and 2 CFR 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. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports 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-performance, based on goals and performance standards, as stated, with all other applicable laws,regulations,and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance,as determined by the COUNTY,will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY,contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE 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 Habitat for Humanity CD18-05 Acquisition of Real Property Page 11 160i 9 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 reports 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 Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce 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: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • 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 portion 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. Habitat for Humanity CD18-05 Acquisition of Real Property Page 12 �9 1 613 1 9 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 properties conveyed,be returned 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 terminated. • 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 fmdings 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 report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C". Exhibit"C" contains an example reporting 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. Habitat for Humanity CD18-05 Acquisition of Real Property Page 13 16D19 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants(CDBG)),including subpart K of these regulations,except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 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 otherwise available. 33 INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPTFNT shall at all times remain an"independent contractor"with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance,as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this agreement, at any time, provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this agreement. The COUNTY may,in its discretion,amend this agreement to conform with Federal,State or Local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to Habitat for Humanity CD18-05 Acquisition of Real Property Page 14 16019 be undertaken as part 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 curtailment 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 necessary to continue to pay the SUBRECIPIENT all or any portions 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 terms of this agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages,losses,costs,and causes of action which may arise out of an act,omission,including,but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments which may issue 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, advertisements,descriptions of the sponsorships of the Program,research reports and similar public Habitat for Humanity CD18-05 Acquisition of Real Property Page 15 1 161119 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 partial 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 referred to herein,or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure,for any reason,of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; C. Ineffective or improper use of funds provided under this agreement; D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this agreement; G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. Habitat for Humanity CD18-05 Acquisition of Real Property Page 16 ' 16D1q 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 determined by the COUNTY to be applicable; E. Stop all payments,until identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination.If the agreement is terminated by the COUNTY,as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this agreement 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 property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE 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 SUBRECIPIENT's performance under the agreement. Habitat for Humanity CD18-05 Acquisition of Real Property Page 17 0/ 16D19 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, 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(ITB,RFP, etc.) All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into 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. Acquisition/Improvement of Real Property: Real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part,with CDBG funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14(Grant Closeout Procedures)of this agreement. If the SUBRECIPIENT disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that Habitat for Humanity CD18-05 Acquisition of Real Property Page 18 *�I t. 16019 meets a CDBG National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal to the percentage of the current fair market value of the property, less any disposal costs, such percentage shall have as its basis,the percentage of the appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of; or improvement to,the property,under the terms of this agreement. Such payment shall constitute program income to the COUNTY. Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part,with CDBG funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208,during the continued use period, as referenced in section 3.14(Grant Closeout Procedures) of this agreement. If the SUBRECIPIENT sells, transfer, disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs, such percentage shall have as its basis,the percentage of the appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of, or improvement to,the property,under the terms of this agreement. Such payment shall constitute program income to the COUNTY. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT 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 forth 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 fmal 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 CFR 200.343. 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 performance of this agreement on the basis Habitat for Humanity CD18-05 Acquisition of Real Property Page 19 16D19 of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract,the terms "small business" means a business that meets the criteria set forth in section 3(a)of the Small Business Act,as amended(15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51)percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate- income persons 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 participating 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 carry out, pursuant to the COUNTY'S specifications, an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 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. Habitat for Humanity CD18-05 Acquisition of Real Property Page 20 0 16Dic 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 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 enteringinto any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part,by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT,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 unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. Habitat for Humanity CD18-05 Acquisition of Real Property Page 21 0 16019 C. It will retain its independence from Federal, State and Local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs,provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship,religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child,aged person, or disabled adult to the COUNTY. 3.22 SEVERABILITY Should any provision of the agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Habitat for Humanity CD18-05 Acquisition of Real Property Page 22 1 60 1 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowseTTitle24/24cfr570 main 02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr58 main 02.tpl 4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal_opp/FHLaws/10 9 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act. http://www.h ud.gov/offices/fheo/fibra ry/huddojstatement.pdfhttps://www.hud.gov/program_of fices/fair_housing_equal_opp/ReasonableAccommodations 15 Executive Order 11063 —Equal Opportunity in Housing https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EXO11063 Executive Order 11259 -Leadership&Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 -Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.hud.gov/program offices/fair housing_equal opp/FHLaws/EXO11246 EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC §2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Habitat for Humanity CD18-05 Acquisition of Real Property Page 23 I. 16019 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 performed under this agreement is a project assisted under a program providing direct Federal fmancial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible,priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC_12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. Habitat for Humanity CD18-05 Acquisition of Real Property Page 24 16019 https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tpl 4.10 Age Discrimination Act of 1975,Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud.gov/program_offices/fair_housing_equal_opp/FHLaws/109 https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal_opp/FHLaws/E XO11063 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.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/12107.html 12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.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/24/570.614 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 Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects, as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States - https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/text/29/part-5 Habitat for Humanity CD18-05 Acquisition of Real Property Page 25 16019 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 participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/11625.html 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: https://www.gpo.gov/fdsys/pkg/CFR-2010-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/12289709 4.19 2 CFR 200 et seq-Uniform 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 III, 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_part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 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 terms of any Supplemental Conditions shall take precedence over the agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions,if any,or the agreement,the conflict shall Habitat for Humanity CD18-05 Acquisition of Real Property Page 26 I 16D19 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 party to this agreement against the other party,relating to or arising out of this agreement, must be brought in the appropriate federal or state courts, in Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes.The litigation arising out of this agreement shall be adjudicated in Collier County,Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. 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.comell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.law.comell.edu/uscode/text/33/chapter-26 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate,a letter of map amendment(LOMA) may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood insurance. 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, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vol3-sec5 70-608-id 163 Habitat for Humanity CD18-05 Acquisition of Real Property Page 27 16D19 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of Historic Properties,insofar as they apply to the performance of this agreement. https://www.nps.gov/history/local-law/nhpal966.htm https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/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/history/local-law/nhpa1966.htm 4.29 The SUBRECIPTFNT 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-title41/USCODE-2009-title41-chap 10- sec701 4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.law.cornell.edu/cfr/text/24/570.609 4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, 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 of 2 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. https://vvww.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535 e83 fed3 0103 08aef&mc=true&node=se2.1.200 1344&rgn=div8 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 Habitat for Humanity CD18-05 Acquisition of Real Property Page 28 ��C 160 19 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-vol l/CFR-1999-title49-vol l-sec24-101 https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.34 As provided in§287.133,Florida Statutes,by entering into this agreement or performing any work in furtherance hereof; the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by§ 287.133 (3)(a),Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfin?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 Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 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. https://www.govregs.com/regulations/expand/title24 part5_subpartA section5.106 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 Habitat for Humanity CD18-05 Acquisition of Real Property Page 29 0 16019 HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling,consistent with 12 U.S.C. 1701x,per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.cornell.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- reauthorization-act-of-2013-implementation-in-hud-housing-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/Statutes/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=0100- 0199/0119/Sections/0119.021.html 4.43 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.021.html (Signature Page to Follow) Habitat for Humanity CD18-05 Acquisition of Real Property Page 30 16019 IN WITNESS WHEREOF,the Subrecipient and the County,have each respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF 0 Y CO .�:1 ERS OF CRYSTAL K,KINZLI.,0 '.,� COLLIE' " 0 ►. Y, :' CLERK • ' 5_' �� ��r� C , By Aro DY SOLIS,CHAIRMAN DE PigiY (110'K Attest as to Chai ; signature Only, Date: 910 I 1 Dated: I-AF D 6 v Habitat for Humanity of Collier County, Inc. (SEAL) By: Nick Kouloheras,President Date: II Ap Droved as to fo a and legality: ei lip Jennifer A.Belped 7 Assistant County Attorney Date: ClI< < ) Habitat for Humanity CD18-05 Acquisition of Real Property Page 31 16019 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1—3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.This insurance shall be maintained for a period of two(2)years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. Habitat for Humanity CD18-05 Acquisition of Real Property Page 32 0 16D 19 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Habitat for Humanity CD18-05 Acquisition of Real Property Page 33 16019 EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Habitat for Humanity of Collier County(Hifi) Subrecipient Address: _11145 Tamiami Trail East,Naples,FL 34113_ Project Name: _Acquisition of Real Property Proj ect No: CD18-05 IDIS#5XX Payment Request# Total Payment Minus Retainage Period of Availability: 10/1/18 through 12/31/19 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1.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 $ I 4.Amount of Today's Request $ 5.10%Retainage Amount Withheld(if applicable) $ 6.Current Grant Balance (Initial Grant Amount Award request)(includes Retainage) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required $15,000 and above) Habitat for Humanity CD18-05 Acquisition of Real Property Page 34 0 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA 16 019 GENERAL-Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS")Performance Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. Agency Name: Habitat for Humanity of Collier County Date: Project Title: Acquisition of Real Property Program Contact:Nick Kouloheras,President Telephone Number: 239-775-0036 Activity xeportmg Period xeport Due Date October 1st-December 31st January 1uth IDIS# 5XX January 1st-March 31st April April 10th 1st-June 30th July 10th July 1st-September 30th October 10th *REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): 12/31/18 0 03/31/19 0 06/30/19 0 09/30/19 Please take note: The CDBG/HOME/ESG Program year begins October 1 2018-September 30,2019. Each quarterly report needs to include cumulative data beginning from the start of the program year October 1,2018. 1 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 approved application&subrecipient agreement. Outcome 1:Acquisition of land in Collier County for future affordable housing which will benefit LMI households Outcome 2:Achievement of the LMI/LMH national objective to result in 51 homes Outcome 3:Housing and provision of deed restriction for each assisted housing unit B. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule? Yes No If No Explain: 3.Since October 1,2018-of the persons assisted,how many.... Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard?0 Total 0 Habitat for Humanity CD18-05 Acquisition of Real Property Page 35 16019 a What funding sources did the subrecipient apply for this period? Section 108 Loan Guarantee $ - CDBG $ Other Consolidated Plan Funds`$ - HOME _ Other Federal Funds _ ESG _ State/Local Funds $ _ HOPWA Total Entitlement $ $ - Funds 5. 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 LMH activities:Households,race/ethnicity and income level data are reported by households,regardless the number of persons in the household. a. Total No.Persons/Adults 0 Total No.Of persons served under 18:(LMC) 0 served:(LMC) QTR TOTAL#of Persons: 0 QTR TOTAL#Persons: 0 b. Total No.of Households served: 0 Total No.of female head of household:(LMH) 0 OTR TOTAL#of 0 OTR FHH 0 What is the total number of UNDUPLICATED clients 6. served since October, if applicable? Answer question 6a or 6b not both a. Total No.Persons/Adults served:(LMC) 0 Total No. of persons Served under 18: 0 (LMC') YTD TOTAL: 0 YTD TTL: 0 b. Total No.of Households served:(LMH) 0 Total No.of female head of 0 household:(LMH) YTD TOTAL: 0 I YTD TOTAL: I 0 Complete EITHER question 7 or question 8 not both Complete question#7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. PRESUMED BENEFICIARY DATA ONLY: 7. (LMC)Quarter PRESUMED BENEFICIARY DATA ONLY:(LMC)YTD Indicate the total number of UNDUPLICAlE'D Indicate the total number of UNDUPLICATED persons served persons served this quarter who fall into each since October 1 who fall into each presumed benefit category presumed benefit category(the total should equal (the total should equal the total in question#6 a or 6 the total in question#6 a or 6 6): 6): a. Presumed Benefit Activities Only:(LMC)QTR b. Presumed Benefit Activities Only:(LMC)YTD O Abused Children ELI 0 Abused Children ELI O Homeless Person ELI 0 Homeless Person ELI O Migrant Farm workers LI 0 Migrant Farm workers LI O Battered Spouses LI 0 Battered Spouses LI O Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI O Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI O Severely Disabled Adults LI 0 Severely Disabled Adults LI O QUARl'hI(TOTAL 0 YTD TOTAL Habitat for Humanity AD18-05 Acquisition of Real Property Page 36 16019 Complete question#8a and 8b if any client in your program does not fall into a Presumed Benefit category. OTHER BENEFICIARY DATA:INCOME RANGE 8. OTHER BENEFICIARY DATA:INCOME RANGE Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons persons served this Quarter(QTR)who fall into each served since October 1 (YTD)who fall into each income income category (the total should equal the total in category(the total should equal the total in question#6): question#6): EU Extremely low Income(0-30%) 0 ELI Extremely low Income(0-30%) 0 U Low Income(31-50%) 0 U Low Income(31-50%) 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income(51-80%) 0 NON-LOW Above Moderate Income(>80%) 0 NON-LOW Above Moderate Income(>80%) 0 QTR TOTAL: 0 YTDOTAL: 0 9. I Racial&Ethnic Data: (if applicable) I Please indicate how many UNDUPLICA TED Please indicate how many UNDUPLICATED clients served this Quarter(QTR)fall into clients served since October(YTD)fall into each race category.In addition to each race category, each race category.In addition to each race please indicate how many persons in each race category,please indicate how many persons in category consider themselves Hispanic(Total Race column should equal the total cell). each race category consider themselves Hispanic(Total Race column should equal the total cell). a. b. ETHNICITY/ ETHNICITY/ RACE HISPANIC RACE HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 American Indian/Alaskan Native&White 0 0 American Indian/Alaskan Native&White 0 0 Black/African American&White 0 0 Black/African American&White 0 0 Am.Indian/Alaska Native&Black/African Am. 0 0 Am.Indian/Alaska Native&Black/African Am. 0 0 Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature Habitat for Humanity CD18-05 Acquisition of Real Property Page 37 0 16019 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete foil'', and retain appropriate supporting documentation,to document providing CDBG assistance to an eligible beneficiary. 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 Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 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) 0.00 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 blank. B(c) Habitat for Humanity CD18-05 Acquisition of Real Property Page 38 ®t 16019 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors • Member Wages/ Benefits/ Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses,and overtime) (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 information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to fmancial 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 Date Signature of Spouse or Co-Head of Household Date Adult Household Member(if applicable) Date Adult Household Member(if applicable) Date Habitat for Humanity CD18-05 Acquisition of Real Property Page 39 16019 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: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50th of the Very Low Income(60%of VLI)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$ ). ❑ 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.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ 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/Ethnicity By Age Native American 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 beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Habitat for Humanity CD18-05 Acquisition of Real Property Page 40 16019 EXHIBIT E 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 Habitat for Humanity of Collier County, Inc. Name First Date of Fiscal Year(MM/DD/YY) 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 n 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 OMB 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 Date Print Name and Title 06/18 Habitat for Humanity CD18-05 Acquisition of Real Property Page 41 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 D 19 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Ini i s Date 1. Susan Golden Community and Human 9/6/18 Services 2. Jennifer Belpedio County Attorney Office _ ^ A ,, 1�? i C 3. BCC Office Board of County \*Ck'S\T=> Commissioners \, l,Z�\,<V. 4. Minutes and Records Clerk of Court's Office _ I , 3 2-/i PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Susan Golden/CHS Phone Number 252-2336 Contact/ Depai tnrent _ �. Agenda Date Item was 9/11/2018 j/ Agenda Item Number 16.D.+Er1 c V Approved by the BCC 1 , Type of Document HUD Annual Entitlement Agreement for Number of Original \b ' c\,-car Attached 2018-2019 and J..'Subrecipient Agreements Documents Attached ' for FY 2018-19(11)and/for FY2017- y ; �, 2018t PO number or account ,','c�.414N•1�_ ,**:_� • 4i:ib'`✓N.'t1€NT! number if document is c C •a_ aA to be recorded 1�'�j(' INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 51,a,„,...) d SG 2. Does the document need to be sent to another agency for additional signatures. If yes, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require_forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC 9/11/2018 and all changes made during the :"'� i��� meeting have been incorporated in the attached document. The County Attorney's a'#4._,poi" Office has reviewed the changes,if applicable. s ' s� ,. 9. Initials of attorney verifying that the attached document is the version approved by the ,_' BCC,all changes directed by the BCC have been made,and the document is ready for e a e'y:7 '4' Chairman's signature. 0 i z. , 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05:Revised 11/30/12 116019 FAIN# E-17-UC-12-0024 ($8,343.75 E-18-UC-12-0027 $35,000.00) Federal Award Date October 2018 Federal Award Agency HUD CFDA Name Emergency Solutions Grant(ESG) CFDA/CSFA# 14.231 Total Amount of $43,343.75 Federal Funds Awarded Subrecipient Name Hunger&Homeless Coalition of Collier County DUNS# 150713423 FEIN 04-3610154 R&D No Indirect Cost Rate No Period of Performance October 1, 2018— September 30,2019 Fiscal Year End 12/31 Monitor End: 1/31/2020 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER AND HOMELESS COALITION,INC. Homeless Management Informatio n System ` THIS AGREEMENT is made and entered into this ' \ day of ' ll") , 2018, by and between Collier County, a political subdivision of the State of Florid., ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "COLLIER COUNTY HUNGER AND HOMELESS COALITION,INC.",a private not-for-profit corporation existing under the laws of the State of Florida,("SUBRECIPIENT")having its principal office at 9015 Strada Stell Ct,#205,Naples, FL 34109 and a mailing address of PO Box 9202,Naples,FL 34101 WHEREAS,the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing(HEARTH)Act(24 CFR 576)amending the McKinney-Vento Homeless Act(42 U.S.C. 11371-11378); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County, by providing assistance for any of the following five (5) program components Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMIS Project Page 1 16D19 (street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance and Homeless Management Information System [HMIS],also known as Community Resource Network(CRN)); and WHEREAS,the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan-One-Year Action Plans for Federal Fiscal Year 2018-2109 for the ESG Program at the July 10,2018,Agenda Item 1 1.F. Board of County Commissioners meeting. NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the Parties as follows: PART I SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds,as determined by Collier County Community and Human Services Division(CHS),perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant ESG Program,Homeless Management Information System Project: Project Component One: HMIS Administration and Maintenance of the CRN software agreement, maintain maximum utilization of allocated user licenses throughout contract duration, and technical support as needed. Project Component Two: Equipment Project Component Three: Additional Licenses 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the implementation of the project. B. The following resolutions and policies must be adopted by the SUBRECIPIENT's governing body within sixty(60)days of this Agreement. • Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy Affirmative Action Plan ▪ Conflict of Interest Policy • Procurement Policy ® Violence Against Women Act(VAWA)Policy • Sexual Harassment Policy • Fraud Policy 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. Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 2 I. 16019 Further,the SUBRECIPIENT will not undertake 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/Budget The budget identified for the Homeless Management Information System (HMIS) shall be as follows: Project Description Federal Amount ESG Match 1:1 Provided to Provided by SUBRECIPIENT CHS Project Component 1: HMIS Administration and $$33,375.00 $33,375.00 Maintenance of CRN software agreement, maintain maximum utilization of allocated user licenses throughout contract duration, and technical support as needed. Project Component 2: Equipment $ 5,625.00 $5,625.00 Project Component 3: Additional Licenses $4,343.75 $4,343.75 Total Federal and Match Funds: $ 43,343.75 43,343.75 The SUBRECIPIENT will accomplish the following checked project tasks: ® Provide Quarterly Reports and project progress • Identify Lead Project Manager • Required attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS B. Program Components/Eligible Activities All services/activities funded with ESG funds must meet one of the ESG program components, as defined in 24 CFR 576: • Street Outreach: funds may cover costs related to essential services for unsheltered persons(including emergency health or mental health care,engagement,case management and services for special populations. • Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management,child care,education,employment assistance and job training,legal,mental health, substance abuse treatment,transportation and services for special populations). • Homelessness Prevention and Rapid Re-Housing: both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 3 16019 activities).Housing may also be used for short or medium-term rental assistance for those who are at-risk of becoming homeless or transitioning to stable housing. • HMIS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software,or equipment,technical support,office space,salaries of operators,staff training costs and participation fees). C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty(30)days of renewal Detailed Project Implementation Project Schedule Within sixty(60)days of • Schedule agreement execution Submission of Progress Report Exhibit C Quarterly Reports Section 3 Report Quarterly reports on new hire Quarterly reports information Financial and Compliance Audit Exhibit D Annually one hundred eighty (180)days after Fiscal year-end Inventory Report Inventory Report At execution of agreement and annually thereafter on 9/30 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: HMIS Exhibit B along with proof of invoice Quarterly by 10th of Administration and payment as evidenced by cancelled check, month following the Maintenance of the CRN bank statement, and vendor invoice. payment of software System agreement,maintain invoice. maximum utilization of allocated user licenses throughout contract duration, and technical support as needed. Project Component 2: Equipment Project Component 3: Additional Licenses ESG Match Provided by CHS Provided by CHS Collier County Hunger and Homeless Coalition,Inc. ES 18-00 HMISSProject Page 4 16D19 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on October 1, 2018 and shall end on September 30, 2019. The services/activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement.Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FORTY THREE THOUSAND THREE HUNDRED FORTY THREE DOLLARS AND SEVENTY FIVE CENTS ($43,343.75 ) for use by the SUBRECIPIENT, during the Term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modifications to the"Budget and Scope"may only be made if approved in advance. Budgeted fund shifts between project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a project component shall only be made with Board approval. Reimbursement for performance will be made upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for eligible costs,and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every quarter. Funds may only be expended for allowable costs resulting from obligations incurred during the term of this Agreement. Payments shall be made to vendor when requested, as work progresses,but,not more frequently than once per quarter. Final invoices are due no later than 30 days after the end of the Agreement.Work performed during the term of the program but not invoiced within 30 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. No payment will be made unil approved by CHS for grant compliance and adherence to any and all applicable local,state or Federal requirements.Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments 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 SUBRECIPIENT 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 Collier County Hunger aid Homeless Coalition,Inc. ES 18-00 HMISProject Page 5 et 16019 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENT and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. 1.6 NOTICES Notices required by this Agreement,shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email: Carolyn.noble@colliercountyfl.gov Telephone: (239)252-5393 SUBRECIPIENT COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. ATTENTION: Christine Welton,Executive Director Physical Address 1: 9015 Strada Stell Ct. #205 City/State: Naples,Florida 34109 Mailing Address: PO Box 9292,Naples,FL 34101 Email: executivedirector@collierhomelesscoalition.org Telephone: (239)263-9363 Collier County Hunger aid Homeless Coalition,Inc. ES 1PrMIS Project Page 6 / H 16D19 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review,inspection or audit. Any deficiencies noted in audit reports 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 of future 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 Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this agreement, the ESG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed,prepared,assembled,or completed by the SUBRECIPIENT for the purpose of this agreement shall be made available to the COUNTY, by the SUBRECIPIENT,at any time,upon request by the COUNTY or 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. 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,the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years after the date of Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 7 16019 submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim or audit is started 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 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 c( colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR 576.100 and the eligibility requirement(s)under which funding has been received, have been met.These also include special requirements such as necessary and appropriate determinations, as defined in 24 CFR 576.100-104, income certification, and written agreements with beneficiaries, where applicable. F. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this Chapter 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 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report(Exhibit"D")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. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 8 1 160 19 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 reports 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-performance based on goals and performance standards, as stated, with all other applicable laws,regulations,and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance,as determined by the COUNTY,will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY,contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE 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 by the 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 reports 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 Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce 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: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 9 0 16D19 • 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 portion 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 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 properties conveyed,be returned 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 terminated. • 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 project that was terminated. This includes the amount invested by the County for the initial acquisition of the 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. Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMIS Project Page 10 Cf: 16019 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 report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C". Exhibit"C"contains an example reporting 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. 2.7 ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG 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 ESG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 2.8 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT("FFATA") FFATA reporting requirements will apply to any funding awarded by Collier County, under this Agreement in the amount of$25,000 or greater. The SUBRECIPIENT, as a Subrecipient, must provide any information needed pursuant to these requirements. This includes entity information, the unique identifier of the SUBRECIPIENT, the unique identifier of SUBRECIPIFNT's parent, and relevant executive compensation data, if applicable. Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 11 • 16019 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations,Part 576,the U.S.Housing and Urban Development regulations concerning HEARTH Act.The SUBRECIPIENT also agrees to comply with all other applicable Federal,State and Local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor"with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement,nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State or governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from ESG grant funds, provided by HUD, and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG funds pertaining to this agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this agreement,which termination shall be effective as of the date that it Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 12 16019 is determined by the County Manager or designee, in his or her sole discretion and judgment,that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages,losses,costs,and causes of action which may arise out of an act,omission,including,but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this Agreement. 3.7 COUNTY RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,descriptions of the sponsorships of the Program,research reports and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD)AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES" 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 partial terminations,the portion to be terminated. However, if in the case of a partial termination,the Grantee determined that the remaining portion Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMIS Project Page 13 16D19 of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules,regulations or provisions referred to herein,or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure,for any reason,of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement,the County may seek any combination of one or more of the following remedies: A. Require specific perfdrmance 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 ESG funds that SUBRECIPIENT has received under this agreement; D. Apply sanctions, if determined by the County to be applicable; E. Stop all payments, until identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the agreement is terminated by the County, as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. 3.9 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar-for-dollar, pursuant to 24 CFR 576.201. Matching funds shall be provided by Community and Human Services(CHS). Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 14 16D19 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity),the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of ESG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE 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 SUBRECIPIENTS's performance under the agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Emergency Solution Grant. (24CFR576 et seq.) 3.13 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(ITB,RFP,etc) All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into 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. 3.14 PROGRAM-GENERATED INCOME No Program Income is anticipated. In the event there is Program Income derived from the use of ESG funds disbursed under this agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the Emergency Solutions Grant Program.Any"Program Income"(as such term is defined under applicable Federal regulations) gained from any activity of the Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 15451 16019 SUBRECIPIENT funded by ESG 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 576.201 in the operation of the Program. When program income is generated by an activity that is only partially funded with ESG funds,the income shall be prorated to reflect the percentage of ESG 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 Emergency Block Grant Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include,but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119a.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 CFR 200.343 and ensure all federal grant requirements have been completed. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of,or be subjected to,discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area(as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining and operating facilities assisted under ESG, in providing services assisted under ESG,and in providing services for occupants of facilities assisted under ESG.This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's 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. Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 16 0 161 19 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a)of the Small Business Act,as amended(15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women.For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES There are no beneficiaries associated with this agreement. This agreement is intended to support data collection and reporting efforts of ESG eligible activities. 3.19 AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611,2 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 part by a covered person or an entity owned or controlled, in whole or in part,by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT,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 unreasonably impede the statutory requirement that maximum Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMIS Project Page 17 0 16019 opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.21 EMERGENCY SHELTERS As applicable,any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation and privacy standards as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING As applicable, assistance for program participants to remain or move into housing must meet the minimum habitability standards provided in 24 CFR 576.403(c)and all applicable State and Local housing codes, licensing requirements and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit F). 3.24 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). 3.25 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s)developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 576.406. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and Local governments and may continue to carry out its mission, including the definition, practice and expression of its Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project ject Page 18 16019 religious beliefs,provided that it does not use direct ESG 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, ESG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG funds in this part.Sanctuaries,chapels,or other rooms that a ESG funded religious congregation uses as its principal place of worship, however, are ineligible for ESG funded improvements. 3.27 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the County. 3.28 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMIS Project Page 19 1 16019 PART IV GENERAL PROVISIONS 1. 24 CFR Part 576 Emergency Solutions Grants Program,as amended.—All the regulations regarding the ESG Program. 2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 58, as amended. https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr58 main 02.tpl 3. Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended. https://www.hud.gov/program_offices/fair_housingequal_opp/FHLaws/109 https://www.gpo.gov/fdsys/pkg/PLAW-104pub1120/html/PLAW-104publ120.htm 4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166 https://www.hhs.gov/civil-rights/for-individuals/special-topics/needy-families/civil-rights- requirements/index.html https://www.justice.gov/crt/executive-order-13166 5. Title VIII of the Civil Rights Act of 1968 as amended https://www.eeoc.gov/laws/statutes/titlevii.cfm 6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.law.cornell.edu/cfr/text/24/570.601 7. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. https://www.eeoc.govieeoc/history/35th/thelaw/eo-11246.html 8. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer.https://www.eeoc.gov/laws/statutes/titlevii.cfm 9. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. https://www.hudexchange.info/resource/2330/24-cfr-part-13 5-section-3-regulations/ Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMIS Project Page 20 16019 10. The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area,and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." 11. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. 12. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 13. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. https://www.eeoc.gov/laws/statutes/adea.cfm 14. Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 15. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8.https://www.hud.gov/sites/documents/5784 N_01NOTICE 5_15_14.PDF 16. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable https://www.law.cornell.edu/uscode/text/42/12131 17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm 18. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMIS Project Page 21 16019 19. Executive Order 11625 and U.S. Depaitinent of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts.https://ogc.commerce.gov/page/executive-order-11625 20.The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws,regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. https://www.law.cornell.edu/cfr/text/24/570.607 21.Public Law 100-430-the Fair Housing Act(42 U.S.C.3601,et seq.)and implementing regulations at 24 CFR Part 100. https://www.gpo.gov/fdsys/pkg/STATUTE-102/pdf/STATUTE-102- Pg 1619.pdf • 22. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. https://www.uscis.gov/tools/glossary/immigration-reform- and-control-act-1986-irca 23.Prohibition Of Gifts To County Employees-No organization or individual shall offer or give,either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee,as set forth in Chapter 112, Part III,Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. http://sp 16/sites/HumanResources/Shared%20Documents/County-Practices-and-Procedures- (CMA)/CMA%205311%20Code%20oWo20Ethics%20and%20Anti%20Fraud%20NE W.pdf https://www.collierclerk.com/records-search/bmr-records-search 24.Order of Precedence-In the event of any conflict between or among the terms of any of the Contract Documents,the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement.To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 25.Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court,20th Judicial Court of Florida, if in federal court.BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMIS Project Page 22 r 16019 26. The SUBRECIPIENT agrees to comply with the following requirements: Clean Air Act,41 U.S.C. 7401,et seq. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information as well as other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued there under. https://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap85.htm https://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title3 3-chap26.pdf 27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by Federal Emergency Management Agency (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.fema.gov/media-library/assets/documents/7277 https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vola/CFR-2012-title24-vol3-sec570-605 28.All shelters assisted under the ESG program and all housing occupied by program participants must adhere to the requirement of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846),the Residential Lead-Based Paint Hazard Reduction Act of 1992(42 U.S.C.4851-4856)and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M and R. Such regulations pertain to all HUD-assisted housing and require that all owners,prospective owners and tenants of properties construction prior to 1978 be properly notified that such properties may include lead- based paint. Such notifications shall point out the hazards of lead-based paints and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven.The notice should also point out that if lead based paint is found on the property,abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property,paint testing,risk assessment,treatment and/or abatement may be conducted. http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter63&edition=prelim 29.The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. https://www.nps.gov/history/local-law/nhpa1966.htm 30. 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. 31. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988(41 U.S.C.701).https://www.gpo.gov/fdsys/granule/USCODE- 2009-title41/USCODE-2009-title41-chap 10-sec701/content-detail.html 32.The SUBRECIPIENT agrees that no funds provided,nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo.gov/fdsys/granule/USCODE- Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMIS Project Page 23 16019 2009-title41/USCODE-2009-title41-chap 10-sec701/content-detail.html 33. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.law.cornell.edu/cfr/text/24/part-570/subpart-K 34.The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 35. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180)days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB Audits of States,Local Governments,and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 36. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 https://www.gpo.gov/fdsys/pkg/PLAW-109pub1282/pdf/PLAW- 109pub1282.pdf 37. 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, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling(See 49 CFR 24.505(c)(2)(ii)(D). https://www.gpo.gov/fdsys/granule/CFR-2009-title49-voll/CFR- 2009-title49-vol l-part24 38.As provided in§287.133,Florida Statutes by entering into this Agreement or performing any work in furtherance hereof,the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfni?App_mode=Display_Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.133.html 39. Lobbying-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. Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 24 Cf s; • 16019 40. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions and shall comply with 24 CFR part 87. https://www.law.cornell.edu/cfr/textl24/part-87 41. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontracts,sub-grants,contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly; 42. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.C.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. https://www.gpo.gov/fdsys/granule/USCODE-2010- title31/USCODE-2010-title31-subtitleII-chap 13-subchapIII-sec1352/content-detail.html 43. 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/travel/plan-book/per-diem-rates 44.Any rule or regulation determined to be applicable by HUD. 45.Florida Statutes 119.021 Records Retention https://m.flsenate.gov/Statutes/119.021 46.Florida Statutes, 119.071,Contracts and Public Records https://www.lawserver.com/law/state/floridalstatutes/florida statutes_119-07 47. Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2,but who are defined under Section 387(3)of the Runaway and Homeless Youth Act(42 U.S.C. 5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6)of the Violence Against Women Act of 1994(42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A)of the Public Health Service Act(42 U.S.C. 254b(h)(5)(A)), Section 3(m)of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15)of the Child Nutrition Act of 1966(U.S.C. 1786(b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11434a(2)) https://www.federalregister.gov/documents/2016/12/20/2016-3 0241/runaway-and-homeles s- youth 48. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https://www.epa.gov/enforcement/resource-conservation-and-recovery-act-rcra-and-federal- facilities https://www.law.cornell.edu/cfr/text/40/247.1 (Signature Page to Follow) Collier County Hunger awl Homeless Coalition,Inc. ES 18-003 HMIS Project Page 25 16D19 IN WITNESS WHEREOF,the Subrecipient and the County, have each, respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD • C•i TY C• �' % ONERS OF CRYSTAL K.KINZEL,CLERK COLLIE' CO ► _ " !7` By: AI rs .0 c-rk (. 1Y SOLIS,CHAIRMAN est as toCh.' '" 1 signatureontya -. ,) Date: f/ii/1 COLLIER COUNTY HUNGER AND HOMELESS Dated: Ct'I,2)`t l Z COALITION,INC. (SEAL) By: 07/v,„,,,k - (A)41?-- , u, , , , ,,,,t, Christine Welton,Executive Director Date: 3 ( 3. c / t < Appros to form aill i: ity:Ilr ss:::‘. � 7 Jennifer .Belpedio �.(}r' X Assistant County Attorney lillik '27 4" Date: 1 I/ Pg Collier County Hunger and Homeless Coalition,Inc. r:?, ES 18-003 HMIS Project Page 26 16019 EXHIBIT"A" INSURANCE REQUIREMENTS The SUBRECIPIENT 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one hundred (100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of fmancial assistance for acquisition or construction purposes(including rehabilitation). Collier County Hunger and Homeless Coalition,Inc. ES 18-003 e. HMIS Project Page 27 160 19 OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an"All Risk"basis in an amount not less than one hundred(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Collier County Hunger aid Homeless Coalition,Inc. fid+ ES 18-003 HMIS Project Page 28 16019 EXHIBIT"B" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Hunger and Homeless Coalition,Inc. Subrecipient Address: 9015 Strada Stell Ct.#205 Naples,FL 34109 Mailing Address: PO Box 9202,Naples,FL 34101 Project Name: Emergency Solutions Grant—HMIS Project No: Payment Request# Total Payment Minus Retainage: Period of Availability: xx/xx/xx through xx/xx/xx Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1.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 NA) $ NA 6.Current Grant Balance (Initial Grant Amount Award request)(includes Retainage) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required $15,000 and above) Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 29 16019 EXHIBIT"C" HMIS (ESG) Quarterly Report Report Criteria for ALL users: 1. Number of current licensed users: 2. Number of new users this quarter: 3. Total users: 4. Number of Training Sessions Provided: 5. Number of Technical Assistance Calls: 6. Number of current Agencies: 7. Number of Agencies set up this quarter: 8. Number of Agencies this quarter: 9. Number of projects set up year-to-date: 10. Number of new projects set up by Administrator by type: Shelter Operations Emergency Shelter Rapid Re-housing _ Outreach Coordinated Assessment Homelessness Prevention Transitional Housing Permanent Housing Other(describe) Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMIS Project Page 30 16019 EXHIBIT "D" 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 Name First Date of Fiscal Year(MM/DD/YY) 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 ❑ 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 OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above n ❑ 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 Date Print Name and Title 06/18 Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 31 16D19 EXHIBIT"E" HMIS COMPONENT The SUBRECIPIENT must adhere to 24 CFR 576.107 for the following eligible costs and general restrictions, as applicable: 24 CFR 576.107:HMIS component. The SUBRECIPIENT may use ESG funds as follows: (a) Eligible costs. (1) The recipient or subrecipient may use ESG funds to pay the costs of contributing data to the HMIS designated by the Continuum of Care for the area, including the costs of: (i) Purchasing or leasing computer hardware; (ii) Purchasing software or software licenses; (iii) Purchasing or leasing equipment, including telephones, fax machines, and furniture; (iv) Obtaining technical support; (v) Leasing office space; (vi) Paying charges for electricity, gas, water, phone service, and high-speed data transmission necessary to operate or contribute data to the HMIS; (vii) Paying salaries for operating HMIS, including: (A) Completing data entry; (B) Monitoring and reviewing data quality; (C) Completing data analysis; (D) Reporting to the HMIS Lead; (F)Training staff on using the HMIS or comparable database; and (G) Implementing and complying with HMIS requirements; (viii) Paying costs of staff to travel to and attend HUD-sponsored and HUD-approved training on HMIS and programs authorized by Title IV of the McKinney-Vento Homeless Assistance Act; (ix) Paying staff travel costs to conduct intake; and (x) Paying participation fees charged by the HMIS Lead, if the recipient or subrecipient is not the HMIS Lead. The HMIS Lead is the entity designated by the Continuum of Care to operate the area's HMIS. Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMISProject ject Page 32 sI' 16019 (2) If the recipient is the HMIS lead agency, as designated by the Continuum of Care in the most recent fiscal year Continuum of Care Homeless Assistance Grants Competition, it may also use ESG funds to pay the costs of: (i) Hosting and maintaining HMIS software or data; (ii) Backing up, recovering, or repairing HMIS software or data; (iii) Upgrading, customizing, and enhancing the HMIS; (iv) Integrating and warehousing data, including development of a data warehouse for use in aggregating data from subrecipients using multiple software systems; (v)Administering the system; (vi) Reporting to providers, the Continuum of Care, and HUD; and (vii) Conducting training on using the system or a comparable database, including traveling to the training. (3) If the subrecipient is a victim services provider or a legal services provider, it may use ESG funds to establish and operate a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. (b) General restrictions. Activities funded under this section must comply with HUD's standards on participation, data collection, and reporting under a local HMIS. Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 HMIS Project Page 33 16019 EXHIBIT"F" COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year;developing the performance standards for,and evaluating the outcomes of,projects and activities assisted by ESG funds;and developing funding, policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for that area.These programs include: (1) Supportive Housing Program (24 CFR part 583); (2) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals(24 CFR part 882); (3) HUD—Veterans Affairs Supportive Housing (HUD–VASH) (division K, title II, Consolidated Appropriations Act,2008,Pub. L. 110-161 (2007), 73 FR 25026 (May 6,2008)); (4) Education for Homeless Children and Youth Grants for State and Local Activities(title VII–B of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq. )); (5) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa-5); (6) Healthcare for the Homeless (42 CFR part 51c); (7) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)); (8) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act(42 U.S.C.290cc-21 et seq.)); (9) Services in Supportive Housing Grants(section 520A of the Public Health Service Act); (10) Emergency Food and Shelter Program(title III of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11331 et seq.)); (11) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act(42 U.S.C. 13975)); (12) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act(38 U.S.C. 2021); (13) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043); (14) VA Homeless Providers Grant and Per Diem Program(38 CFR part 61); (15) Health Care for Homeless Veterans Program(38 U.S.C. 2031); (16) Homeless Veterans Dental Program (38 U.S.C.2062); (17) Supportive Services for Veteran Families Program (38 CFR part 62);and (18) Veteran Justice Outreach Initiative(38 U.S.C. 2031). (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate,to the maximum extent practicable,ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMIS Project Page 34 Opj: 16019 individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g)(24 CFR parts 905, 968, and 990); (2) Housing programs receiving tenant-based or project-based assistance under section 8 of the U.S.Housing Act of 1937 (42 U.S.C. 14370(respectively 24 CFR parts 982 and 983); (3) Supportive Housing for Persons with Disabilities(Section 811)(24 CFR part 891); (4) HOME Investment Partnerships Program(24 CFR part 92); (5) Temporary Assistance for Needy Families(TANF)(45 CFR parts 260-265); (6) Health Center Program(42 CFR part 51c); (7) State Children's Health Insurance Program(42 CFR part 457): (8) Head Start(45 CFR chapter XIII, subchapter B); (9) Mental Health and Substance Abuse Block Grants(45 CFR part 96); and (10) Services funded under the Workforce Investment Act(29 U.S.C. 2801 et seq.). (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The recipient and subrecipient must work with the Continuum of Care to ensure the screening,assessment and referral of program participants are consistent with the written standards required by paragraph(e)of this section.A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. IThe COUNTY must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. The recipient must describe these standards in its consolidated plan. At a minimum these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG; (2) Standards for targeting and providing essential services related to street outreach; (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest; (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families'needs for essential services related to emergency shelter; (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re-housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable); (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re-housing assistance; Collier County Hunger aid Homeless Coalition,Inc. ES 18-003 Opa HMIS Project Page 35 16019 (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re-housing assistance; (8) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time; and (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide to a program participant, including the limits,if any, on the homelessness prevention or rapid re-housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant receive assistance; or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS or a comparable database, in accordance with HUD's standards on participation,data collection,and reporting under a local HMIS. If the subrecipient is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. Collier County Hunger and Homeless Coalition,Inc. ES 18-003 HMIS Project Page 36 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 019 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. MI completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Ini i s Date 1. Susan Golden Community and Human 9/6/18 Services 2. Jennifer Belpedio County Attorney Office `1 jì 3. BCC Office Board of County NASA Commissioners 'y/ c:42..\,. \<k:, 4. Minutes and Records Clerk of Court's Office l q PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above.may need to contact staff for additional or missing information. Name of Primary Staff Susan Golden/CHS Phone Number 252-2336 Contact/ Department / V Agenda Date Item was 9/11/2018 I,, Agenda Item Number 16.D.+fri c Approved by the BCC 1 Type of Document HUD Annual Entitlement Agreement for Number of Original kO Q�accrr*+.--,,-. Attached 2018-2019 and 1WSubrecipient Agreements Documents Attached , for FY 2018-19(11)and,Yfor FY2017- set, "cle) '. ©� 1, 2018t PO number or account +,'?c%IIs•d, 'f.t,�'rty ti'+eg4N1:'t„ number if document is .1441+. to be recorded r` INSTRUCTIONS & CALECICLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? :StA Ot..c SG 2. Does the document need to be sent to another agency for additional signatures' If yes, NA provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and requireforwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC 9/11/2018 and all changes made during the r:l .. meeting have been incorporated in the attached document. The County Attorney's % r4, r.w Office has reviewed the changes,if applicable. I wkill, ; 9. Initials of attorney verifying that the attached document is the version approved by the nt - ,,,:::,;-:,•,,,,, ,g. BCC,all changes directed by the BCC have been made,and the document is ready for e ';w o �f Chairman's signature. % 1'0 '.x-} ,_ `C.,I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05:Revised l 1/30/12 16019 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 Performance 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. THIS AGREEMENT is made and entered into this \ day of rn /� 20 a), 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 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 CAC15) CD18-07PS Family Safety Program Page 1 16019 WHEREAS,the County and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG CD18-07PS Family Safety Program Project. NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the Parties 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: 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: Partial salary 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: ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy Procurement Policy ® Uniform Relocation Act Policy ® Sexual Harassment Policy ® 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 1 u) ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. 794) ® Fraud Policy CAC Family Safety Program Page 2 40 16019 • 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 undertake 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 $70,000 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: $70,000 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance • Maintain and provide to the County, as requested, beneficiary income certification documentation • /1 Maintain National Objective Documentation • Provide Quarterly Reports on National Objectives and project progress ❑ Required attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met CAC CD18-07PS c o Family Safety Program Page 3 16019 B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such the SUBRECIPTRNT shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ❑ LMA—Low/Mod Area Benefit • LMC—Low/Mod Clientele Benefit ❑ 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 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. LMI3: 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 Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) agreement agreement execution Insurance Exhibit A Within 30 days of agreement execution and Annually within thirty(30)days of renewal Detailed project Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specifications Not Applicable Subcontractor Log Subcontractor Log Not Applicable Submission of Progress Report Exhibit C Quarterly within 10 days following the end of the quarter. Final after closeout monitoring Section 3 Report Quarterly report of new hire Quarterly information CAC CD18-07PS Family Safety Program Page4 (C:tiOO. � ''> t 16019 Financial and Compliance Audit Exhibit E Annually,nine(9)months for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit, if Not Applicable applicable Revenue Plan for maintenance Plan approved by the County Not Applicable and Capital Reserve Program Income Reuse Plan Plan Approved by the County Not Applicable D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1:Funding Supporting 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 salary 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 1, 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 The COUNTY agrees to make available Seventy Thousand Dollars and no cents($70,000.00) for use by the SUBRECIPIENT, 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. CAC Family Safety Program Page 5 16019 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 every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement.Work performed during the term of the program but not invoiced within 90 days 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 SUBRECIPIENT. 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 and 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 SUBRECIPIENT 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 Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart 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 Subpart E. The Developer will use adequate internal controls, CAC CD18-07PS Family Safety Program Page 6 C40 161319 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 delivery or sending.All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION:Rose Munoz Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email: Rosa.Munoz( colliercountyfl.gov Telephone: (239)252-5713 SUBRECIPIENT ATTENTION: Jacqueline Stephens, CEO 1036 6th Avenue North Naples,Florida 34102 Email:jstephens@caccollier.org Telephone: (239)263-8383 Ext 228 • CAC CD18-07PS Family Safety Program Page 7 CA® 16131 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. Any deficiencies noted in audit reports 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 of future 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 Part 200, Subpart 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. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed,prepared,assembled,or completed by the SUBRECIPIENT for the purpose of this agreement shall be made available to the COUNTY, by the SUBRECIPIENT,at any time,upon request by the COUNTY or 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. CAC CD18-07PS Family Safety Program Page 8 CM) 16D19 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 performance and evaluation report, as prescribed in 2 CFR 200.333,with the following exception: if any litigation,claim or audit is started 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(u 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 compliance. 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 CAC CD18-07PS Family Safety Program Page 9 16D19 determinations, as defined in 24 CFR 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 CFR 200.336 and 2 CFR 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. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports 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-performance, based on goals and performance standards, as stated, with all other applicable laws,regulations,and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance,as determined by the COUNTY,will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY,contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE 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 CAC CD18-07PS Family Safety Program Page 10 16D19 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 reports 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 Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce 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: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • 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 portion 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. CAC CD18-07PS Family Safety Program Page 11 �® 16019 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 properties conveyed,be returned 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 terminated. • 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 report submitted in October,the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C". Exhibit"C" contains an example reporting 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 ,A® 1 613 1 9 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants(CDBG)),including subpart.K of these regulations,except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 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 otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an"independent contractor"with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance,as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this agreement, at any time, provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this agreement. The COUNTY may,in its discretion,amend this agreement to conform with Federal,State or Local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to CAC CD18-07PS Family Safety Program Page 13 1 61) 1 9 be undertaken as part 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 curtailment 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 necessary to continue to pay the SUBRECIPIENT all or any portions 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 terms of this agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages,losses,costs,and causes of action which may arise out of an act,omission,including,but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments which may issue 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, advertisements,descriptions of the sponsorships of the Program,research reports and similar public CAC CD18-07PS Family Safety Program Page 14 16019 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 AM) 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 partial 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 referred to herein,or such statutes, regulations, executive orders, and HUD guidelines,policies or directives as may become applicable at any time; B. Failure,for any reason,of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; C. Ineffective or improper use of funds provided under this agreement; D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this agreement; G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. CAC CD18-07PS Family Safety Program Page 15 . 16019 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 determined by the COUNTY to be applicable; E. Stop all payments,until identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination.If the agreement is terminated by the COUNTY,as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this agreement and in addition to any and all other remedies available to the COUNTY (whether under this agreement, or at law, or in equity), the SUBREC1PIENT shall immediately transfer to the COUNTY any property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPTENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE 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 SUBRECIPIENT's performance under the agreement. CAC CD18-07PS Family Safety Program Page 16 • 16019 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, 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(ITB,RFP,etc.) All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into 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 GRAN'CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT 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 forth in Section 1.3 of the Agreement"). The continued use period shall commence with the later CAC CD18-07PS Family Safety Program Page 17 16019 forth 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 CFR 200.343. 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 performance of this agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a)of the Small Business Act,as amended(15 U.S.C. 632), and"minority and women's business enterprise"means a business at least fifty-one (51)percent owned and controlled by minority group members or women.For the purpose of this defmition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. CAC CD18-07PS Family Safety Program Page 18 16019. 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 participating 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 carry out, pursuant to the COUNTY's specifications, an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 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 fmancial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 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 part by a covered person or an entity owned or controlled, in whole or in part,by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT,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 unreasonably impede the statutory requirement that maximum CAC CD1S-07PS Family Safety Program Page 19 0 16019 opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and Local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs,provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship,religious instruction or proselytizing. D. The funds shall not be used for the acquisition,construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child,aged person,or disabled adult to the COUNTY. 3.22 SEVERABILITY Should any provision of the agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. CAC CD18-07PS Family Safety Program Page 20 16019 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24efr570 main 0241 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure, Link: https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24efr58 main_02.tpl 4.3 Section 104(b)and.Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/Ii bra ry/huddojstatement.pdfhttps://www.hud.gov/program_of fices/fair_housing_equal_opp/ReasonableAccommodations 15 Executive Order 11063 —Equal Opportunity in Housing https://www.hud.gov/program offices/fair housing_equal opp/FHLaws/EXO11063 Executive Order 11259 -Leadership&Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.htm1 24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.hud.gov/program_offices/fair housifl_equal_opp/FHLaws/EXO11246 EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC§2000e,et. seq.The SUBRECIPIENT will,in all solicitations or advertisements 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 21 160 19 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 performed under this agreement is a project assisted under a program providing direct Federal fmancial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible,priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. CAC CD18-07PS Family Safety Program Page 22 O 16D19 https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.hud.gov/program_offices/fair housing_equal_opp/FHLaws/109 https://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal_opp/FHLaws/E XO11063 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.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/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.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/24/570.614 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/uniform_act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects, as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States - https://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/text/29/part-5 CAC CD18-07PS Family Safety Program Page 23 CR) 16D19 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 participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/11625.html 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: https://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vo13/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/12289709 4.19 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles,and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tp1=/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 III, 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_l 12,part iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 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 terms of any Supplemental Conditions shall take precedence over the agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any,or the agreement,the conflict shall CAC CD18-07PS Family Safety Program Page 24 16019 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 party to this agreement against the other party,relating to or arising out of this agreement, must be brought in the appropriate federal or state courts, in Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes.The litigation arising out of this agreement shall be adjudicated in Collier County,Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELA I'tD 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/42/7401 b. Federal Water Pollution Control 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 Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate,a letter of map amendment(LOMA) may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood insurance. 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, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163 CAC CD18-07PS Family Safety Program Page 25 0 16019 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. haps://www.nps.gov/history/local-law/nhpa1966.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. haps://www.nps.gov/history/local-law/nhpa1966.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-title41/USCODE-2009-title41-chap 10- sec701 4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.law.cornell.edu/cfr/text/24/570.609 4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, 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 of 2 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. https://www.ecfr.gov/cgi-bin/text- idx?SID=5 a78addefff9a53 5 e83 fed3 0103 08aef&mc=true&node=se2.1.200 1344&rgn=div8 CAC CD18-07PS Family Safety Program Page 26 0 16019 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-vol l/CFR-1999-title49-vol l-sec24-101 https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vo13/CFR-2012-title24-vol3-sec570-505 434 As provided in§287.133,Florida Statutes,by entering into this agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by§ 287.133 (3)(a),Florida Statutes. http://www.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 Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. https://wwvv.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. https://www.govregs.com/regulations/expand/title24 part5_subpartA section5.106 CAC CD18-07PS Family Safety Program Page 27 0 16019 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 Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x,per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e33 9ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&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- reauthorization-act-of-2013-implementation-in-hud-housing-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/Statutes/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=0100- 0199/0119/Sections/0119.021.html 4.43 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.021.html (Signature Page to Follow) CAC CD18-07PS Family Safety Program Page 28 0 16019 IN WITNESS WHEREOF,the Subrecipient and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF OU Y CO , l ERS OF CRYSTAL K. KINZEL, COLLIER ' OU►:, , CLERK By: • ,' A 4DY SOLIS, CHAIRMAN ,DEY, est as to Chairm l Signature on Date: 1 (1 1 4 Dated: Ct 1 3 g Collier County Child Advocacy Council, Inc. (SEAL) By: Jacq eline Step , CEO Date: �3/l c Approved as to form and legality: Jennife Belpedio Assistant County Attorne Date: l S CAC CD18-07PS Family Safety Program Page 29 16019 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT 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: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract, in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1—3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.This insurance shall be maintained for a period of two(2)years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. CAC CD18-07PS Family Safety Program Page 30 0 • 16D19 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. CAC CD18-07PS Family Safety Program Page 31 0 16D 19 EXIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT 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: CD18-07PS IDIS#5XX 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 1.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) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required $15,000 and above) CAC CD18-07PS Family Safety Program Page 32 16019 EXHIBIT C 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 information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. Agency Name: Collier County Child Advocacy Council, Inc.(CAC) Date: Project Title: Public Service-Family Safety Program Program Contact:Jacqueline Stephens,CEO Telephone Number: 239-263-8383 Ext 228 Activity Keportmg Period x.eport Due Date IDIS# 5XX October 1st-December 31st January 10th January 1st-March 31st April April 10th lst-June 30th July 10th July 1st-September 30th October 10th *REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): a 12/31/18 0 03/31/19 06/30/19 a 09/30/19 Please take note: The CDBG/HOME/ESG Program year begins October 1 2018-September 30,2019. Each quarterly report needs to include cumulative data beginning from the start of the program year October 1,2018. 1 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 approved application&subrecipient agreement. Outcome 1:40 families will benefit from the supervised visitation and safe exchange services as evidenced by a fmal 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. Goal Progress:Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule? Yes No If No Explain: 3.Since October I,2018-of the persons assisted,how many.... Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard?0 Total 0 CAC CD18-07PS Family Safety Program Page 33 161119 4 What funding sources did the subrecipient apply for this period? Section 108 Loan Guarantee $ _ CDBG _.$.__ _ Other Consolidated Plan Funds $ - HOME 3 Other Federal Funds 1_ ESG _$ _ State I Local Funds _$____- HOPWA $ _ Total Entitlement $ $ - Funds 5. 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 LMH activities:Households,race/ethnicity and income level data are reported by households,regardless the number of persons in the household. a. Total No.Persons/Adults 0 Total No.of persons served under 18:(LMC) 0 served:(LMC) QTR TOTAL#of Persons: 0 QTR TOTAL#Persons: 0 b. Total No.of Households served: 0 Total No. of female head of household:(LMH) 0 OTR TOTAL#of 0 OTR FHH 0 What is the total number of UNDUPLICATED clients 6. served since October,if applicable? Answer question 6a or 6b not both a. Total No.Persons/Adults served:(LMC) 0 Total No. of persons Served under 18: 0 (LMC' II YTD TOTAL: 0 YTD TTL: 0 b. Total No.of Households served:(LMH) 0 Total No.of female head of 0 household:(LMH) YTD TOTAL: 0 I YTD TOTAL: I 0 Complete EITHER question 7 or question 8 not both Complete question#7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. PRESUMED BENEFICIARY DATA ONLY: 7. (LMC)Quarter PRESUMED BENEFICIARY DATA ONLY:(LMC)YTD Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons served persons served this Quarter who fall into each since October 1 who fall into each presumed benefit category presumed benefit category(the total should equal (the total should equal the total in question#6 a or 6 the total in question#6 a or 6 b): b): a. Presumed Benefit Activities Only:(LMC)QTR b. Presumed Benefit Activities Only:(LMC)YTD 0 Abused Children ELI 0 Abused Children ELI O Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm workers LI 0 Migrant Farm workers LI 0 Battered Spouses LI 0 Battered Spouses I LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI O Severely Disabled Adults LI 0 Severely Disabled Adults LI O QUARI"E1t TOTAL 0 YID TOTAL CAC CD18-07PS Family Safety Program Page 34 16019 Complete question#8a and 8b if any client in your program does not fall into a Presumed Benefit category. OTHER BENEFICIARY DATA:INCOME RANGE 8. OTHER BENEFICIARY DATA:INCOME RANGE Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons persons served this Quarter(QTR)who fall into each served since October 1 (YTD)who fall into each income income category (the total should equal the total in category(the total should equal the total in question#6): question#6): ELI Extremely low Income(0-30%) 0 ELI Extremely low Income(0-30%) 0 LI Low Income(31-50%) 0 LI Low Income(31-50%) 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income(51-80%) 0 NON-LOW Above Moderate Income(>80%) 0 NON-LOW Above Moderate Income(>80%) 0 QTR TOTAL: 0 YTDOTAL: 0 9. Racial&Ethnic Data: (if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients served this Quarter(QTR)fall into clients served since October(YTD)fall into each race category.In addition to each race category, each race category.In addition to each race please indicate how many persons in each race category,please indicate how many persons in category consider themselves Hispanic(Total Race column should equal the total cell). each race category consider themselves Hispanic(Total Race column should equal the total cell). a. b. ETHNICITY/ ETHNICITY/ RACE HISPANIC RACE HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 American Indian/Alaskan Native&White 0 0 American Indian/Alaskan Native&White 0 0 Black/African American&White 0 0 Black/African American&White 0 0 Am.Indian/Alaska Native&Black/African Am. 0 0 Am.Indian/Alaska Native&Black/African Am. 0 0 Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature CAC CD18-07PS Family Safety Program Page 35 16019 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form,and retain appropriate supporting documentation,to document providing CDBG assistance to an eligible beneficiary. 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 Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 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) 0.00 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 blank. B(c) CAC CD18-07PS Family Safety Program Page 36 1b019 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses,and overtime) (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 information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. 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 Date Signature of Spouse or Co-Head of Household Date Adult Household Member(if applicable) Date Adult Household Member(if applicable) Date CAC CD18-07PS Family Safety Program Page 37IGO 16019 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: n Extremely Low Income (ELI)Household means and individual or family whose annual income does not exceed 30/50'of the Very Low Income(60%of VLI)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$ ). ❑ 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.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ 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/Ethnicity By Age Native American Hawaiian or Other 0— 26— 41— Indian Asian Black Other Pac. White62+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 beneficiary is required to give such information he or she desires to do so, and refusal 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 16019 EXHIBIT E 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 Collier County Child Advocacy Council, Inc. (CAC) Name First Date of Fiscal Year(MM/DD/YY) 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 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 OMB 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 n 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 Date Print Name and Title 06/18 CAC Family Safety Program Page 39 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i 6 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures.dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Ini i s Date 1. Susan Golden Community and Human ; 9/6/18 Services 2. Jennifer Belpedio County Attorney Office 111111S 3. BCC Office Board of County Commissioners (RN 2... V 4. Minutes and Records Clerk of Court's Office r PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above.may need to contact staff for additional or missing information. Name of Primary Staff Susan Golden/CHS Phone Number 252-2336 Contact/ Department Agenda Date Item was 9/11/2018 • Agenda Item Number 16.D.F6"1�3 Approved by the BCC Type of Document HUD Annual Entitlement Agreement for Number of Original kd1,t\rcr_srsv_u-; Attached 2018-2019 and WSubrecipient Agreements Documents Attached for FY 2018-19(II)and/for FY2017- setsceckrt-NIN`"'dhQ`' 2018t ��, PO number or account , 5G.'m.i v'i1.t.wLly toilt t'.<�s�a��� number if document is A to be recorded F INSTRUCTIONS & CHECKLIST initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (initial) Applicable) 1. Does the document require the chairman's original signature? 5 _) oi< SG 2. Does the document need to be sent to another agency for additional signatures? If yes, NA provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and requireforwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC 9/11/2018 and all changes made during the may '" 4010 meeting have been incorporated in the attached document. The County Attorney's `"*oti for Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the ro-'f'-, sgrt BCC,all changes directed by the BCC have been made,and the document is ready for e ii •004.:. Chairman's signature. Q °5 ?-5)21.:N( ..sy\s, I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05:Revised 11/30/12 16019 FAIN# B-18-UC-12-0016 Federal Award Date EST. 10/2018 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDAJCSFA# 14.218 Total Amount of Federal 100,000 Funds Awarded Subrecipient Name City of Naples DUNS# 084130293 FEIN 59-6000382 R&D No Indirect Cost Rate No Period of Performance 10/1/2018-04/30/2020 Fiscal Year End 9/30 Monitor End: 04/30/2025 AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES -0„ '; er cz ' THIS AGREEMENT is made and entered into this U-day of lam$24,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"City of Naples",("SUBRECIPIENT"),having its principal office at 758 8th Street South,Fl. 34102-1401. 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 11f; 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 City of Naples. CD18-002 Anthony Park Exercise Stations Page 1 er) 16D19 WHEREAS,the County and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the CDBG 18-002:Anthony Park Exercise Stations. NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the Parties 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: Anthony Park Exercise Stations Description of project and outcome: CHS, as administrator of the CDBG program,will make available CDBG funds up to the gross amount of $100,000 to the City of Naples for the installation of outdoor fitness equipment stations at Anthony Park. The property 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 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: ❑ Affirmative Fair Housing Policy • Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy ® Procurement Policy n Uniform Relocation Act Policy Sexual Harassment Policy • 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 1 u) • Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. 794) ▪ Fraud Policy City of Naples. CD18-002 Anthony Park Exercise Stations Page 2 ( . 16019 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 undertake 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 Description Federal Amount Project Component 1: The installation of outdoor fitness equipment stations at Anthony Park. $100,000 Total Federal Funds: $100,000 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the County, as requested, beneficiary income certification documentation • Maintain National Objective Documentation • Provide Quarterly Reports on National Objectives and project progress ▪ Required attendance by a representative from executive management at quarterly partnership meetings,as requested by CHS. ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. • Identify Lead Project Manager • Provide Site Design and Specifications • Comply with Davis Bacon Labor Standards • Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ 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: LMA-Low/Mod Area Benefit ❑ LMC—Low/Mod Clientele Benefit ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit City of Naples. CD18-002 Anthony Park Exercise Stations Page 3 16019 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 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 Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and Annually within thirty(30)days of renewal Detailed Project Schedule Project Schedule Within sixty(60)days of agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Subcontractor Log Subcontractor Log Initial at construction start, and quarterly thereafter Submission of Progress Report Exhibit C Quarterly reports within 10 days following the end of the quarter. final after closeout monitoring. Section 3 Report Quarterly report of new hire Quarterly information Financial and Compliance Audit Exhibit E Annually,nine(9)months for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Continued Use Affidavit,if Annually for 5 years after applicable meeting the National Objective Revenue Plan for maintenance Plan approved by the County Initial Plan due after project and Capital Reserve completion and annually for 5 years after meeting the National Objective Program Income Reuse Plan Plan Approved by the County Not applicable City of Naples. CD18-002 110 Anthony Park Exercise Stations Page 4 16019 D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Submission of supporting documents Submission of The installation including must be provided as backup as evidenced monthly invoices. acquisition of outdoor fitness by,banking documents, completed AIA equipment stations at Anthony G702-1992 form, or equivalent document Park per contractor's Schedule of Values and any additional documents as needed. The County will pay up to 90% of the total grant award or project costs upon proof of proper payment. The remaining 10% of the award or Following close out project costs will be released upon final monitoring monitoring clearance and documentation of persons served • For clarity,the County will not withhold 10% on each payment,rather,the last 10%will only be paid as previously specified. The final 10%of award or project costs will be eligible for reimbursement upon documentation that at least 51% of persons served are low to moderate income, 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 1,2018 and shall end on April 30, 2020. This agreement shall remain in effect until all CDBG funds and program income are no longer under the control of SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available(One Hundred Thousand 00/100),Dollars($100,000.00) for use by the SUBRECIPIENT,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 City of Naples. CD18-002 Anthony Park Exercise Stations Page 5 010 16D19 a change in scope.Fund shifts that exceed 10% of the agreement amount or changes in scope shall only be made with Board approval. 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 every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement.Work performed during the term of the program but not invoiced within 90 days 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 SUBRECIPIENT. 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 and 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 SUBRECIPIENT 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 Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart 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 City of Naples. CD18-002 Anthony Park Exercise Stations Page 6 16019 to follow 2 CFR Subpart E. The Developer will use adequate internal controls, 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 delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien, Senior Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email: Lisa.Oien @colliercountyfl.gov Telephone: (239)252-6141 CITY OF NAPLES ATTENTION: Felix Gomez,Bids and Grants Coordinator 735 8'h Street South Naples,Florida 34102 Email: fgomez@naplesgov.com Telephone: (239)213-7101 City of Naples. 8-002 An Anthony Park Exercise Stations Page 7 16019 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review,inspection or audit. Any deficiencies noted in audit reports 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 of future 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 Part 200, Subpart 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. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed,prepared,assembled,or completed by the SUBRECIPIENT for the purpose of this agreement shall be made available to the COUNTY, by the SUBRECIPIENT,at any time,upon request by the COUNTY or 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. City of Naples. CD18-002 Anthony Park Exercise Stations Page 8 1613 1 9 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 performance and evaluation report, as prescribed in 2 CFR 200.333,with the following exception: if any litigation,claim or audit is started 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 CONTRACTOR 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(a 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 compliance. 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 City of Naples. CD18-002 Anthony Park Exercise Stations Page 9 16019 determinations, as defined in 24 CFR 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 CFR 200.336 and 2 CFR 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. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS,submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports 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-performance, based on goals and performance standards, as stated, with all other applicable laws,regulations,and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance,as determined by the COUNTY,will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY,contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE 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 Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant City of Naples. CD18-002 Anthony Park Exercise Stations Page 10 16019 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 reports 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 Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce 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: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • 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 portion 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 2013- 228. City of Naples. CD18-002 Anthony Park Exercise Stations Page 11 16019 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 properties conveyed,be returned 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 terminated. • 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 report submitted in October,the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C". Exhibit"C" contains an example reporting 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. City of Naples. CD18-002 Anthony Park Exercise Stations Page 12 16019 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants(CDBG)),including subpart K of these regulations,except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 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 otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an"independent contractor"with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this agreement, at any time, provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this agreement. The COUNTY may,in its discretion,amend this agreement to conform with Federal,State or Local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to City of Naples. CD18-002 Anthony Park Exercise Stations Page 13 0 16019 be undertaken as part 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 curtailment 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 necessary to continue to pay the SUBRECIPIENT all or any portions 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 terms of this agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages,losses,costs,and causes of action which may arise out of an act,omission,including,but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees)and judgments which may issue 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, advertisements,descriptions of the sponsorships of the Program,research reports and similar public City of Naples. CD18-002 Anthony Park Exercise Stations Page 14 0 16019 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 partial 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 referred to herein,or such statutes,regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure,for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; C. Ineffective or improper use of funds provided under this agreement; D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this agreement; G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. City of Naples. CD18-002 Anthony Park Exercise Stations Page 15 161319 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 determined by the COUNTY to be applicable; E. Stop all payments,until identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination.If the agreement is terminated by the COUNTY,as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this agreement 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 property on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE 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 SUBRECIPIENT's performance under the agreement. City of Naples. CD18-002 Anthony Park Exercise Stations Page 16 0 16019 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, 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(ITB,RFP,etc.) All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into 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. Public Facilities and Improvements: Public facilities that are acquired,constructed,rehabilitated or otherwise improved with CDBG funds are subject to this requirement. This includes parks, libraries, community centers and any other facility whose primary purpose is a public one. For these facilities,program income is the income generated by the use of the facility,less the operating costs associated with generating the income. The COUNTY considers utilities,property insurance and facility maintenance to be operating costs that should be subtracted from revenue to determine City of Naples. CD18-002 Anthony Park Exercise Stations Page 17 16019 net program income. For each funded project, the SUBRECIPIENT must submit for the COUNTY's approval a list of proposed costs incidental to the generation of the program income. Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part,with CDBG funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208,during the continued use period,as referenced in section 3.14(Grant Closeout Procedures) of this agreement. If the SUBRECIPIENT sells, transfer, disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs, such percentage shall have as its basis,the percentage of the appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of,or improvement to,the property,under the terms of this agreement. Such payment shall constitute program income to the COUNTY. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met. 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 fmal 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 CFR 200.343. 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 performance of this agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business City of Naples. CD18-002 Anthony Park Exercise Stations Page 18 i w 16019 concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a)of the Small Business Act,as amended(15 U.S.C. 632), and"minority and women's business enterprise"means a business at least fifty-one (51)percent owned and controlled by minority group members or women.For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate- income persons 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 participating 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 carry out, pursuant to the COUNTY's specifications, an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 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. City of Naples. CD18-002 Anthony Park Exercise Stations Page 19 • 16019 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 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 part by a covered person or an entity owned or controlled, in whole or in part,by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY'S sole discretion.This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT,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 unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and Local governments and may continue to carry out its mission, including the defmition, 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. City of Naples. CD18-002 Anthony Park Exercise Stations Page 20 16019 D. The funds shall not be used for the acquisition,construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse,neglect, or exploitation of a child,aged person, or disabled adult to the COUNTY. 3.22 SEVERABILITY Should any provision of the agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. City of Naples. CD18-002 Anthony Park Exercise Stations Page 21 1 6111 9 PART IV GENERAL PROVISIONS 4.1 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 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr58 main 02.tpl 4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal opp/FHLaws/10 9 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act. http://www.h ud.gov/offices/fheo/I i bra ry/hudd ojsta tem e nt.pdfhttps://www.hud.gov/program_of fices/fair_housing equal_opp/ReasonableAccommodations15 Executive Order 11063—Equal Opportunity in Housing https://www.hud.gov/program_offices/fair housing equal opp/FHLaws/EXO11063 Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.hud.gov/program_offices/fair_housing equal opp/FHLaws/EXO11246 EO 11375 and 12086: see item#8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC §2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affilrnative Action employer. City of Naples. CD18-002 Anthony Park Exercise Stations Page 22 0 16D19 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 performed under this agreement is a project assisted under a program providing direct Federal fmancial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located;where feasible,priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC_12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. City of Naples. CD18-002 Anthony Park Exercise Stations Page 23 0 16019 https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr 13 5_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://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/E X011063 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.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/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.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/24/570.614 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/uniform act/index.cfin 4.15 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects, as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States - https://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/text/29/part-5 City of Naples. CD18-002 Anthony Park Exercise Stations Page 24 16019 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. Depai Intent of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/11625.htrnl 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: https://www.gpo.gov/fdsys/pkg/CFR-2010-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/12289709 4.19 2 CFR 200 et seq-Uniform 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.govieeoc/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 III, 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_part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 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 terms of any Supplemental Conditions shall take precedence over the agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the agreement,the conflict shall City of Naples. CD18-002 Anthony Park Exercise Stations Page 25 16D19 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 party to this agreement against the other party,relating to or arising out of this agreement, must be brought in the appropriate federal or state courts, in Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes.The litigation arising out of this agreement shall be adjudicated in Collier County,Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. 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/42/7401 b. Federal Water Pollution Control 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 Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate,a letter of map amendment(LOMA) may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said flood insurance. 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, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163 City of Naples. CD18-002 Anthony Park Exercise Stations Page 26 42) 16019 4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. https://www.nps.gov/history/local-law/nhpa1966.htm https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/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/histoiy/local-law/nhpa1966.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-title41/USCODE-2009-title41-chap 10- sec701 4.30 The SUBRECIPIENT certifies that neither it,nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.law.cornell.edu/cfr/text/24/570.609 4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200,et seq. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the County nine(9)months after the end of the SUBREC1PIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 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. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addeffffa535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 City of Naples. CD18-002 Anthony Park Exercise Stations Page 27 3 16019 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-vol l/CFR-1999-title49-vol l-sec24-101 https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec5 70-5 05 434 As provided in§287.133,Florida Statutes,by entering into this agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3)(a),Florida Statutes. http://www.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 Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 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. https://www.govregs.com/regulations/expand/title24_part5 subpartA section5.106 City of Naples. CD18-002 Anthony Park Exercise Stations Page 28 16019 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 Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x,per 24 CFR 5.111. https://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfdl479eab67e850c7cddd4&node=24:2.1.1.2.10.4&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- reauthorization-act-of-2013-implementation-in-hud-housing-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/Statutes/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.cfin?App_mode=Displa_y_Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.43 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.021.html (Signature Page to Follow) City of Naples. CD18-002 Anthony Park Exercise Stations Page 29 16019 i IN WITNESS WHEREOF,the SUBRECIPIENT and the County,have each respectively,by an I authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF CO ' Y CO' %- RS OF CRYSTAL l{.KIl�i�,,p; COLLIER 'S P. , -.• �� CLERK . By: , ....0'CUA14:"� / ti % C ':� a SOLIS,CHAIRMAN Attest as « ` signature only Date: //tiliN (� City of Naples Dated: ` t _1 3 ' 1 (SEAL) 0 By: /('''' Honorable Bill acne ,Mayor Date: 11 /5 I W O/g Approved as to form and legality: � Approved as to form and legality Jennife for i elpedio .% -`‘'`` Assistant County Attorney ;;.'� .`''� BY k k 1J, ?A' AN 61 / 1/ji Robert D. Pritt, City Attorney Date: Atte ,:,1olr,. t:4 -. e L.,:j •fi *ripe - _ YRamba ' „sCit Clerk Date: "ii-3712': _ City of Naples, CD18-002 Anthony Park Exercise Stations Page 30 z iti �'i..' 16019 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County,do 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: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.This insurance shall be maintained for a period of two(2)years after the certificate of Occupancy is issued.Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. City of Naples. CD18-002 Anthony Park Exercise Stations Page 31 16019 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less thanone hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. City of Naples. CD18-002 Anthony Park Exercise Stations Page 32 16019 EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name:_City Of Naples Subrecipient Address: _758 8th Street South,Fl. 34102-1401 Project Name: Anthony Park Exercise Stations Project No: CD-18-002 Payment Request# Total Payment Minus Retainage Not applicable_ Period of Availability: 10/1/2018 through 04/30/2020 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1.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) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required $15,000 and above) City of Naples. CD18-002 Anthony Park Exercise Stations Page 33 t, .r4 EDIT C QUARTERLY PERFORMANCE REPORT DATA 160 i 9 GENERAL-Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS")Performance Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. Agency Name: City of Naples Date: Project Title: Anthony Park Exercise Stations Program Contact:Felix Gomez Telephone Number: 239-213-7101 Activity Keportmg rend Keport Due Late October 1st-December 31st January 10th IDIS# January 1st-March 31st April April 10th 1st-June 30th July 10th July 1st-September 30th October 10th *REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): 12/31/18 0 03/31/19 06/30/19 09/30/19 0 Please take note: The CDBG/HOME/ESG Program year begins October 1 2018-September 30,2019. Each quarterly report needs to include cumulative data beginning from the start of the program year October 1,2018. 1 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 approved application&subrecipient agreement. Outcome 1:The installation of outdoor fitness equipment stations at Anthony Park. Outcome 2:Document that at least 51%of persons served,are low to moderate income,in order to meet a CDBG LMI/LMA National Objective Outcome 3: B. Goal Progress:Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule? Yes No If No Explain: 3.Since October 1,2018-of the persons assisted,how many.... Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard?0 Total 0 City of Naples. CD18-002 Anthony Park Exercise Stations Page 34 0 a What funding sources did the subrecipient apply for this period? 1 60 1 9 Section 108 Loan Guarantee $ - CDBG 3 _ Other Consolidated Plan Funds $ - HOME 3 _ Other Federal Funds $ _ ESG _ State/Local Funds HOPWA Total Entitlement $ $ Funds 5. 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 LMH activities:Households,race/ethnicity and income level data are reported by households,regardless the number of persons in the household. a. Total No.Persons/Adults 0 Total No.of persons served under 18:(LMC) 0 served:(LMC) QTR TOTAL#of Persons: 0 QTR TOTAL#Persons: 0 b. Total No.of Households served: 0 Total No.of female head of household:(LMH) 0 OTR TOTAL# of 0 OTR FHH 0 What is the total number of UNDUPLICATED clients 6. served since October, if applicable? Answer question 6a or 6b not both a. Total No.Persons/Adults served:(LMC) 0 Total No.of persons Served under 18: 0 (LMC) II YTD TOTAL: 0 YTD TTL: 0 b. Total No.of Households served:(LMH) 0 Total No.of female head of 0 household:(LMH) YTD TOTAL: 0 I YTD TOTAL: I 0 Complete EITHER question 7 or question 8 not both Complete question#7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit ' categories. PRESUMED BENEFICIARY DATA ONLY: 7. (LMC)Quarter PRESUMED BENEFICIARY DATA ONLY:(LMC)YTD Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons serve persons served this quarter who fall into each since October 1 who fall into each presumed benefit category presumed benefit category(the total should equal (the total should equal the total in question#6 a or 6 the total in question#6 a or 6 b): b): a. Presumed Benefit Activities Only:(LMC)QTR b. Presumed Benefit Activities Only:(LMC)YTD O Abused Children ELI 0 Abused Children ELI O Homeless Person ELI 0 Homeless Person ELI O Migrant Farm workers LI 0 Migrant Farm workers LI O Battered Spouses LI 0 Battered Spouses I LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI O Elderly Persons LI or MOD 0 Elderly Persons LI or MOD O Illiterate Adults LI 0 Illiterate Adults LI O Severely Disabled Adults LI 0 Severely Disabled Adults LI O QUARI'hR TOTAL 0 YTD TOTAL City of Naples. CD18-0020o Anthony Park Exercise Stations Page 35 �, Complete question#8a and 8b if any client in your program does not fall into a Presumed Benefit category. 160 1 9 OTHER BENEFICIARY DATA:INCOME RANGE 8. OTHER BENEFICIARY DATA:INCOME RANGE Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons persons served this Quarter(QTR)who fall into each served since October 1 (YTD)who fall into each income income category (the total should equal the total in category(the total should equal the total in question#6): question#6): EU Extremely low Income(0-30%) 0 ELI Extremely low Income(0-30%) 0 U Low Income(31-50%) 0 U Low Income(31-50%) 0 MOD Moderate Income(51-80%) 0 MOD Moderate Income(51-80%) 0 NON-LOW Above Moderate Income(>80%) 0 NON-LOW Above Moderate Income(>80%) 0 QTR TOTAL: 0 YTDOTAL: 0 9. Racial&Ethnic Data: (if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients served this Quarter(QTR)fall into clients served since October(YTD)fall into each race category.In addition to each race category, each race category.In addition to each race please indicate how many persons in each race category,please indicate how many persons in category consider themselves Hispanic(Total Race column should equal the total cell). each race category consider themselves Hispanic(Total Race column should equal the total cell). a. b. ETHNICITY/ ETHNICITY/ RACE HISPANIC RACE HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 American Indian/Alaskan Native&White 0 0 American Indian/Alaskan Native&White 0 0 Black/African American&White 0 0 Black/African American&White 0 0 Am.Indian/Alaska Native&Black/African Am. 0 0 Am.Indian/Alaska Native&Black/African Am. 0 0 Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic signature City of Naples. CD18-002 Anthony Park Exercise Stations Page 3640 16019 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation,to document providing CDBG assistance to an eligible beneficiary. 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 Age 1 2 3 4 5 6 7 8 B. Assets:All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 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) 0.00 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 blank. B(c) City of Naples. CD18-002 Anthony Park Exercise Stations Page 37 e40 16019 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses,and overtime) (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 information on this form is to be used to determine maximum income for eligibility. Ewe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Ewe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. 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 Date Signature of Spouse or Co-Head of Household Date Adult Household Member(if applicable) Date Adult Household Member(if applicable) Date City of Naples. CD18-002 �� Anthony Park Exercise Stations Page 38 IA019 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: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50th of the Very Low Income(60%of VLI)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$ ). ❑ 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.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). n 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/Ethnicity 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 beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. City of Naples. CD18-002 Anthony Park Exercise Stations Page 39 Cs� 16019 EXHIBIT E 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 Name First Date of Fiscal Year(MM/DD/YY) 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 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 OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above n ❑ 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 Date Print Name and Title 06/18 City of Naples. CD18-002 F Anthony Park Exercise Stations Page 40 �