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Agenda 10/27/2020 Item #16D 2 (Facilities Budget Amendment)10/27/2020 16.D.2 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment for Facilities Management in the amount of $13,344 for the renovations and improvements at the Golden Gate Senior Center. OBJECTIVE: To renovate the Golden Gate Senior Center and make the facility more efficient and safer for staff and clientele. CONSIDERATIONS: On March 20, 2019, Collier County Facilities Management received conditional approval for FY2019-2020 Community Development Block Grant (CDBG) award. The scope of the project includes adding three (3) additional offices and upgrading an existing one at the Golden Gate Senior Center. The renovation will allow for increased programming as well as privacy for counseling sessions, financial assistance meetings, medical screenings, and meetings with AARP Foundation staff. The renovations also include an updated fire prevention system. The Memorandum of Understanding (MOU) associated with completing the work that is between Facilities and the Community and Human Services (CHS) Division Directors, and the Public Services and Administrative Services Department Heads was approved and executed on June 27th, 2019 in the amount of $90,000. The period of performance was amended administratively and approved by the County Manager on May 21 st, 2020 allowing for a completion date of June 29th, 2021. Amendment #1 to the MOU for the additional funding in the amount of $13,344, was approved on June 25, 2020, by the Facilities and CHS Division Directors as well as the Public Services and Administrative Services Department Heads. Collier Senior Resources, the program provider, will be collaborating with Facilities Management to facilitate the renovations. The total cost of the project is estimated at $103,344. Facilities Management and CHS will be working to ensure that the project is completed to meet all grant requirements. FISCAL IMPACT: The total estimated cost of the project is approximately $103,344. CDBG grant funds in the amount of $90,000 were previously recognized on March 10, 2020. A Budget Amendment is necessary to recognize the additional approved CDBG grant funds in the amount of $13,344 within Facilities Grant Fund (701), Project 33662. There is no required match for this grant. GROWTH MANAGEMENT IMPACT: No Growth Management impact. LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: To approve a Budget Amendment for Facilities Management in the amount of $13,344 for the renovations and improvements at the Golden Gate Senior Center. Prepared By: Tom Calderon, Grants Coordinator, Community & Human Services Division ATTACHMENT(S) 1. 1 st Amendment to MOU (PDF) 2. MOU-Between CHS & Facilities (PDF) 3. Extension Request (PDF) Packet Pg. 1106 16.D.2 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.2 Doe ID: 13684 Item Summary: Recommendation to approve a Budget Amendment for Facilities Management in the amount of $13,344 for the renovations and improvements at the Golden Gate Senior Center. Meeting Date: 10/27/2020 Prepared by: Title: — Community & Human Services Name: Tomas Calderon 09/25/2020 11:36 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 09/25/2020 11:36 AM Approved By: Review: Facilities Management Miguel Carballo Additional Reviewer Facilities Management Damon Grant Additional Reviewer Community & Human Services Cormac Giblin Additional Reviewer Facilities Management Ayoub AI-bahou Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Public Utilities Operations Support Tara Castillo Additional Reviewer Operations & Veteran Services Kimberley Grant Level 1 Reviewer Public Services Department Todd Henry Level 1 Division Reviewer Grants Valerie Fleming Level 2 Grants Review Public Services Department Steve Carnell Level 2 Division Administrator Review County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 09/25/2020 2:48 PM Completed 09/28/2020 9:58 AM Completed 09/29/2020 4:10 PM Completed 09/30/2020 10:32 AM Completed 10/05/2020 2:41 PM Completed 10/06/2020 10:37 AM Completed 10/06/2020 4:35 PM Completed 10/07/2020 11:03 AM Completed 10/09/2020 10:04 AM Completed 10/13/2020 2:34 PM Completed 10/15/2020 10:45 AM Completed 10/15/2020 11:11 AM Completed 10/16/2020 11:27 AM Completed 10/16/2020 11:39 AM Completed 10/19/2020 4:29 PM 10/27/2020 9:00 AM Packet Pg. 1107 16.D.2.b FAIN # 13-18-UC-12-0016 B-19-UC-12-0016 Federal Award Date Vs -A .10/2019 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $90,000- 103 344 Subrecipient Name Collier County Facilities and Management DUNS# 076997790 FEIN II°�n 59-6000558 R&D No Indirect Cost Rate No Period of Performance 10/01/2019-1213192A 06/29/2021 Fiscal Year End 9/30 Monitor End: 124025 06/2026 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COMMUNITY AND HUMAN SERVICES (CHS) DIVISION AND THE COLLIER COUNTY FACILITIES AND MANAGEMENT DIVISION th This First Amendment is entered into this iS day of 2020 by and between Community and Human Services (CHS) Division and Facilities and Management Division, both divisions of Collier County, a political subdivision of the State of Florida. RECITALS WHEREAS, on June 7 7, 2019, the COUNTY entered into a Memorandum of Understanding for 0 awarding Community Development Block Grant Program funds to be used for a Facility Improvements G project (hereinafter referred to as the "MOU"); and WHEREAS, the parties desire to increase the amount of grant finds awarded, extend the period of m performance and update the CHS contact information. E NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable Q N consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the MOU as follows: c m E �a 1 _ a Collier County Facilities and Management (p Facility Improvements First Amendment CD19-10 \„1 Packet Pg. 1108 16.D.2.b 1.2 1.3 1.4 Words ,Stvueh-Uwe;tglt are deleted; Words Underlined are added PART SCOPE OF WORK Description of project and outcome: CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of P", 00.00 $103,344.00 to Facilities Management to fiord: Improvements to the Golden Gate Senior Center, located in Golden Gate City in Naples to include the following: Costs associated with, but not limited to; Installation of three 3 additional office spaces, and }etre#"ttti+ig ate existingenev, updating the current Fire Suppression and Fire Alarm System; however, the project will be defined in the project plans, specification and schedule of values. PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: CHS, as administrator of the CDBG program, will make $90,000 available CDBG funds up to the gross amount of $90;000.00 $103,344.00 to $103,344 Facilities Management to find: Improvements to the Golden Gate Senior Center, located in Golden Gate City in Naples with the to include the following: Costs associated with, but not limited to; Installation of three 3 additional office spaces, and wti-efil4i g an xisti ,,. eater updating the current Fire Suppression and Fire Alarm System; however, the project will be defined in the project plans, specification and schedule of values. Total Federal Funds: I s90,000 PERIOD OF PERFORMANCE Services of the Subrecipient shall start on October 1, 2019 and shall end on Deeember 3 r, 2020 June 29, 2021. MOU AMOUNT 2 Collier County Facilities and Management Facility Improvements First Amendment CD19-10 OPa O m 0 c m E c m E a r c m E �a a Packet Pg. 1109 16.D.2.b The County agrees to make available 1-inety Thousand One Hundred 'Three Thousand Three - Hundred Forty -Four Dollars ($90;000-.00 103 344) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, sliall be referred to as the "funds"). 1.6 NOTICES CHS ATTENTION: Rese-A4{+ne Rachel Hansen, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: ; M.,.ioz@eoilie,.coti,,t.,fl Rachel,Hansennr.colliercountyfl. og_v Telephone: (239) 25.2-5713 252-6141 Exhibit "B" is amended as follows: EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Facilities & Management Division a, E Subrecipient Address: 3335 Tamiami Trail East, Naples, FL 34112 a Project Name: Facili Improvements r • Project No: CD19-10 IDIS# Payment Request # m Total Payment Minus Retainage 00 Period of Availability: 10/1/19 through 444440 6/29/21 W Period for which the Agency has incurred the indebtedness through D O SECTION II: STATUS OF FUNDS M 0 1. Grant Amount Awarded $ c m E 2. Sum of Past Claims Submitted on this Account $ c m E 3. Total Grant Amount Awarded Less Sum of Past Claims N Submitted on this Account $ c as 4. Amount of Today's Request $ �a 3 Q Collier County Facilities and Management ��r 1 Facility Improvements First Amendment CD19-10 Packet Pg. 1110 1ti.D.2.b 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 MOU between CHS 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) Exhibit "C" is amended as follows: E, XHIBIT 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. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: Collier County Facilities & Management Date: Division Project Title: Facility Improvements IDIS #: Program Contact: Ayoub AI-Bahou, Principal Project Manager Tele lione Number: 239-252-8380 Activity Reporting Period Report Due Date October 151- December 315' January 10111 January I` — March 3151 Aril 10'h April I" — June 3011' July 1011, July I51— September 301h October 10111 REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 424110 9/30/20 M3- AW 12/31/20 6/30/20 3/31/21 940120 6/30/21 Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2019. 1. 1Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your progress in meeting those goals since October 1, 2019. Collier County Facilities and Management Facility Improvements First Amendment CD19-10 4 Packet Pg. 1111 16.D.2.b a. Outcome Goals: list the outcome goal(.-,) fi•om our a roved application and subreci ient agreement Outcome 1: Complete improvement activities. Outcome 2: Document that at least 51 % of persons served are low to moderate income to meet a CDBG LMI/LMA National Objective via Census Track documentation 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, 2019; 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 4. What funding sources did the subreci ient apply for this eriod? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ 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 are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults served LMC 0 Total No. persons served under 18 (LMC) 0 Quarter Total No. of Persons 0__Quarter Total No. of Persons 0 b. Total No. of Households served 0 Total No. of female head of household (LMI-1) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons, a. Total No. Persons/Adults served LMC 6 Total No Persons served under 18 (LMC) 0 YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program pnlAserves clients in one or more of the listed HUD Presumed Benefit categories. L PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY Y LMC uarter LMC YTD Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons persons served this quaiLter who fall into each served since October I who fall into each resumed Collier County Facilities and Management Facility Improvements First Amendment CD19-10 v 00 w M O m 0 c m E c m E Q U) r c m E ►a a Packet Pg. 1112 16.D.2.b presumed benefit category (the total should equal the total in uestion Ma or 6b): benefit category (the total should equal the total in tion Ma or 6b): a l Presumed Benefit Activities Onl LMC TR 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 LI 0 Persons w/1-IIV/AIDS LI 0 Persons w/flIV/AIDS LI 0 Elderly Persons Ll 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 8. Complete question 8a and 8b if any client in youl ro ram does not fall into a Presumed Benefit category. Other Beneficial Data: Income Ran a Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total in q uestion #6): Indicate the total number of UNDUPLICATED persons served since October 1 (YTD) who fall into each income category (the total should equal the total in question #6): a ELI I Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-30%) 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON- L/M Above Moderate Income (>80%) 0 NON- L/M Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 9. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED clients served this Quarter fall into each race category, In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic, (Total Race column should equal the total in question 6.) Please indicate how many UNDUPLICATED clients served since October (YTD) fall into each race category, In addition to each race category please indicate how many persons in each race category consider themselves Hispanic. (Total Race cohunn should equal the total in question 6. a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /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 Hn%vaiian/Olher Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & Black/African American 0 0 American Indian/Alaska Native & Black/African American 0 0 Other Multi -racial 0 01 Other Multi -racial 0 0 0 0 1 0 0 Name: Signature: Title: Collier County Facilities and Management Facility Improvements First Amendment CD19-10 it Packet Pg. 111 S 16.D.2.b IN WITNESS WHEREOF, the SUBRECIPIENT and CHS, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. COMMUNITY AND HUMAN SERVICES DIVISION (CHS) Bytes : , .I TY ONNTA , DIVISION D TOR Date: -�� COLLIER COUNTY PUBLIC SERVICES DEPARTMENT By: A90K STEVE CARNEL , DEPARTMENT HEAD Date: O CI/4 (2,0 COLLIER COUNTY FA COLLIER COUNTY FACILITIES AND MANAGEMENT DEPARTMENT By: G. GEORGE YILMAZ, DEPARTMENT HEAD Date: S1 4�� Approved as to form and legality: �� By: C'�- 'Q �L' (7--� JennifdM Belpediora. Assistant County Attorney Date: g 1 e I l a v Collier County Facilities and Management Facility Improvements First Amendment CD19-10 a O� Packet Pg. 1114 FAIN # B-19-UC-12-0016 Federal Award Date Est. 10/2019 Federal Award Agency HUD CFDA Naive Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $90,000 Subrecipient Name Collier County Facilities and Management Division DUNS# 076997790 VEIN 99-9999999 R&D No Indirect Cost Rate No Period of Performance 10/01/2019-12/31/2020 Fiscal Year End 09/30 Monitor End: 12/2025 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COMMUNITY AND HUMAN SERVICES (CHS)DMSION AND T-UE COLLIER COUNTY FACILITIES AND MANAGE, ME, NT DMSI<O IN THI MEMORANDUM OF UNDERSTANDING is made and entered into this day of > 20by and between Community and Human Services (CHS) Division and Facilities and Management Division, both divisions of Collier County, a political subdivision of the State of Florida. WHEREAS, throughout this MOU all references of the term "SUBR>3CIPIENT" shall be Facilities and Management Division; and WHEREAS, the County has entered into an agreement with the United States Department of W Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing M M a_ and Community Development Act of 1974 (as amended); and 06 x' WHEREAS, the Board of County Commissioners of Collier County approved the Collier County v c Consolidated Plan — One-year Action Plan for Federal Fis aal Year 2019-2020 for the CDBGr Program with Resolution 2019-on June 25, 2019 -- Agenda ltem �1, 'S � _ ;and m WHEREAS, in accordance with HUD regulations and the Collier County Consolidated flan p concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual � Action PIan, on May 24, 2019, with a 30-day Citizen Comment period from May 24, 2019 to June 25, m 2019; and Collier County facilities and Management CD19-10 Facility Improvements E Packet Pg. 1115 16.D.2.c L I I w i V I L 0 r- I WH11 RE, AS, the SUBRECIPIBNT has submitted a proposaI for participation in the Collier County CDBG program; and ra WREREAS, C14S and SUBRLCIPIE1VT wish to set forth the, responsibilities and obligations of each its the undertaking the CDBG CDl9-l0 Facility Improvements. 0 ar NOW, TIHITETORE, in, consideration of the mutual benefits contained herein, it is agreed by the r Parties as follows: f° N r c ar E PART T o SCOPF, OF WOPJ-C ' E The SUBRECIPIENT shall, in a satisfactory and proper x mmor and consistent with any standards required R 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 necessmy to conduct the program. as ° follows: 'o c m Project Name: Facility Improvements c r Description of project and outcome: ar E c CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross E amount of $90,000.00 to Facilities Management to fund: Improvements to the Golden Gate Senior Q Center-, located in Golden. Gate City in Naples with the following: Costs associated with, but not � limited to; Installation of additional office spaces, and retrofitting an existing one; updating the 3 current Fire Suppression and Fire Alarm System; however, v 00 cc The project will be defined in the project plans, specification and schedule of values, 1.1 CYRANT AND SPRCUL CONDITIONS A, Within sixty (60) calendar days of the execution of this MOU, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project, excluding Public Service proj cots, B. The following resolutions and policies must be submitted within sixty (60) days of this MOU: Affnzmative Pair Housing Policy ® Affirmative Action/ Equal Opportunity Policy j Conflict of Interest policy ® Procurement Policy [� Uniform Relocation Act Policy a CotierCounty FacIlltlesand Management CD19-1D Faculty Improvements Packet Pg. 1116 1,2 ® Sexual Harassment Policy ® Procedure far meeting the requirements sot 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. Further, the SUBRECI PAINT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision May result in the denial of any reimbursement of funds under this MOU. PROJEC C DETAI[LS A. Project DescriptioruProjeet Budget Description Federal Amount Project Component l: CHS, as administrator of the CDBG program, will make $90,000 available CDBG funds up to the gross amount of $90,000.00 to Facilities Management to ftid: Improvoments to the Golden Gate Senior Center, located in Golden Gate City itr Naples with the following: Costs associated with, but not limited to; Installation of additional office spaces, and retrofitting an existing one; updating the eurrent Fire Suppression and Fire Alarm System; however, The pro'ect will be defined in the proiect plans, s ecification and schedule of values Total Federal Funds: — $90,000 The Subrecipient will accomplish the fallowing checked project tasks: E] Pay all closing costs related to property conveyance • Maintain and provide to CHS, as requested, benofrciary income certification documentation ® Maintain and provide National Objective Documentation Provide Quarterly Reports on National Objective and project progress ® Required attendance by a representative f.om executive management at scheduled partnership meetings, as requested by CHS. Lq Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. Identify Lead ProjectManager ® Provide Site Design and Specifications Comply with Davis Bacon Labor Standards ® Comply with Section 3 and maintain documentation Provide certified payroll weekly throughout constriction and rehabilitation r Collier County Fatuities and Management Q CD19-14 Facility improvements Packet Pg. 1117 16.D.2.c ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 5041ADA. accessible ® Ensure the applicable affordability period for the,prgject 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 ❑ LNffJ -- Low/Mod Housing Benefit ❑ LM7 — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons based on HUD determined eligible census tracts. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU. l,IY.MC: Must document that at least 51 percent of persons sc1-ved, are low to moderate income persons or households, in order to meet a CDBG National Objective, Failure to achieve the national objective under this MOU will require repayment of tho CDBG investment under this MOT-J. 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 percent occupied by LMI households and structures with less than flu -cc units must be occupied by I00 percent LMI households. Failure to achieve the national objective under this MOU will require repayment of the CDBG investment under this MOU, Ll_ J: Must document job creation and retention, The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent 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 MOU will require repayment of the CDBG investment under this MOU. C. performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition. policies Policies as stated in this MOU Within sixty (6O) days of MOU (Section 1.1) execution Insurance Insurance Certificate Within 30 days of MOU execution and Annually within thin 30 da s'ofrenewal Detailed project Schedule -Project Schedule Within sixty (60) days of MOU execution. Pro' ecl t -P1ftns and S ecxfications Site i?lans and Specifications Prior to procurement Collier County Faclllues and Management C CD19--1n Facility Improvements Packet Pg. 1118 16.D.2.c Subcontractor Log Subcontractor Log Initially at construction start, and quarterly thereaftcr Submission of Progress Report Exhibit C Quarterly within 10 days following the end of the quarter. Final report due 60 days after a reenient ends Section 3 Report Quarterly report of new hire Quarterly; within 10 days information following the end of the quarter. Anruially after' closeout. Davis -Bacon Act Certified Weekly Certified Payroll Within 21 days of receipt Payroll reports, forms aird supporting documentation _ Financial and Compliance Audit Audit, Management Letter and Nine (9) ntonths after FY end Exhibit E for Single Audit OR one, hundred eighty (180) days after FY end Continued Use Certification Continued Use Affidavit, if Annually; for five (5) years after a linable meeting the National Objective Revenue PIau for maintenance Plan approved by CI1S Initial Plan due after completion and Capital Reserve of construction. Annually; through the period of continued use Progtarri Income Reuse Plan Plan Approved by CHS N/A D, Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1; CITS, as Submission of supporting documents Submission of administrator of the CDBG inust be provided as backup as evidenced monthly invoices. program, will malce available by, invoice, canceled checks or banking CDBG fiends up to the gross documents, completed AM G702-1992 amount of $90,000.00 to Facilities form, or equivalent document per Management to fund: Improvements to the Golden Gate contractor's Schedule of "Values and any Senior Canter, located in Golden additional documents as needed. Gate City in Naples with the following: Costs associated with, The County will pay up to 90%,of the but not limited to; Installation of total grant award or project costs additional office spaces, and whichever is lower upon proof of proper retrofitting an existing one; payment, updating the current Piro Suppression and Fire Alarrn The remaining 10% of the award oz' Fallowing close oat System; however, project costs will be released upon final monitoring The project will be defined in the monitoring clearance and raceting a project plans, specification and National Objective sohedrrle of values For clarity, the County will not withhold 10% on each a anent, rather, the last Q ColilerCvunky Facilities and Management CD19-10 �*�f Facility Improvements Packet Pg. 1119 16.D.2.c 10% will only be paid as previously s ecified Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. Failure by the subrecipient to achieve the National Objective will require repayment of the CDBGr investment under this MOU. 1.3 PEi I <OD OF PERFORMANCE Services of the Subrecipient shall start on October 1; 2019 and shall end on December 31, 2020, 1.4 MOU AMOUNT CHS agrees to make available (Ninety Thousand) Dollars ($90,000.00) for use by the SUBRECIPIENT, during the term of the MOU (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget arid Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the MOU amount shall only be made with Board approval. The County shall reimburse the SDBRECWMNT for the per•forinance of this MOU upon completion or partial completion of the work tasks, as accopted and approved by CHS, SUBRECJt'1ENT may not request disbursement of CDBC £ands until funds are needed for eligible costs, and all disbursement requests most 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 MOU. 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 may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBREMPIENT, when requested, as work progresses but, not r> abre frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this MOU. Final invoices are due no later than 90 days after the end of the MOU. Work performed daring the term of the program but not invoicedwithin 90 days after the Brad of the MOU may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this MOU for a period of up to 180 days after the end of the MOU. 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, a ColllerCounry Facilities and Management CD19-10 Facility Improvements Packet Pg. 1120 16.D.2.c payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise lurown as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart B-Cost Principles. For the purposes of this section (Section 1,5-Cost Principles) of this MOU, SUBRECIPWNT is defined as a described in 2 CFR 200,93, Accordingly, payments will be made oil 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 comply 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 MOU. 1.6 NOTICES Notices required by this MOU sliall 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 tinder this MOU shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. CHS ATTENTION: Rose Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email; Rosa.Mujioz@colIiei-cotiiityfl.gov Telephone: (239) 252-5713 SUBRECIPIENT ATTENTION Miguel Carballo, Facilities Manager Ayoub Al-Bahou, Principal Project Manager 3335 Tamiami Trait East Naples, Florida 34112 Email: Migtiel.Carballo a,colliei•couittyfl Ro_v Ayoub.Al-Balrou@Colliei•Cotlntyfl.goy_ Telephone: (239) 252-8386n704 Collier County Facilities and Management Q CD19-10 Facility Improvements Packet Pg. 1121 16.D.2.c PART H GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as CHS (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 MOU 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 paymcnts. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with eurr'ent GRANTEE policy coneerning 'SUBRECIPIENT audits, The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CIiR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMCNTATION The SUBRECIPIENT shall maurtain sufficient records, in accordance with 24 CPR 570.506, to determine compliance With the requirements of this MOU, the CDBG Program, and all other applicable laws and regulations. This documentation shall include, ,but is not limited to, the following; A. All records requited by CDBG regulations. B. SUBRECIPIENT sliall keep and maintain public records that ordinarily and necessarily would be required by CHS 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 this MOU shall be made available to CHS, by the SUBRECIPIENT, at any time, upon request by 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 MOU, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all not 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 MOU. .r Collier County Facliltles and Management Q CD1940Ma Faellity Improvements Page 8 Packet Pg. 1122 16.D.2.c D. Upon completion of all work contemplated under this MOU, copies of all documents and records relating to this MOU shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) year's after the date of submission of the annual performance and evaluation report, as prescribed in 2 CI1R 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 maintahred until all litigation, claim, or audit findings involving these records are resolved, CHS shall be informed, in writing, if an agency ceases to exist after closeout of this MOU of the address where the records are to be kept, as outlined in 2 CFR 200.33 d. The SUBRECTPIENT shall meet all requirements for retaining public records and transfer, at no cost to CHS, 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 requiremcnts. All records stored electronically must be provided to CHS in a format that is compatible with the information technology systems of CHS. 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 239-252-68329 Michael.Coxncol[ielf-canityfl.yov, 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 determinations, as defined in 24 CItR 570.208, income certification, and written agreements with beneficiaries, where applicable. L) Collier County Facliltles and Management R w C019--10 Q Facility Improvements Page 9 CAS Packet Pg. 1123 16.D.2.c I PI, SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that CHS would provide the records and at a cost that. does not exceed the cost provided in Chapter 119, Florida Statutes or as o#hBrwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public reoords disclosure requirements are not disclosed except as authorized by 2 CPR 200.336 and 2 CFR200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to CHS no later than nine (9) months after the Single Audit (or one Ittindred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. CHS 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 CHS's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit, The continuation of this MOU 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 xnay be scheduled or unscheduled, as determined by CHS or HUD,. CHS will monitor the poi-forMance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abase, of non-performance, based on goals and performance standards; as stated, with all other applicable laws, regulations, and policies governing the fluids provided under this MOU further defined by 2 CFR 200.331, Substandard Performance, as determined by CHS, will constitute noncompliance with this MOU. If corrective acttor► is not #alien by the SUBRECII'IENT within a reasonable period of time after being notified by CHS, contract suspension or termination procedures will be initiated, SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, CHS, 'or the County's internal . auditor(s) access to all records related to performance of activities in this MQU. 2.4 PREVEftION OFFRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and proceduros sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the Performance of this MOU and to provide for the proper and effective management of all program and Fiscal activities of the MOU. SUBRECIPIENT's internal control systems and all transactions and other significant ovents shall be clearly documented, and the documentation shall be readily available for monitoring by CHS. w Confer County Facll"st€es and Management Q C019•-10 Page 10 FOtIllty Improvements Packet Pg. 1124 16.D.2.c SUBRECIPIENT shall provide CBS with complete access to all of its records, employees, and agents for the ptirpose of monitoring or investigating the performance of the MOT-J. SUBRECIPIENT shall folly cooperate with CHS'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 MOU, or of any law or regulation to CHS or to any appropriate law enforcement authority, if the report is trade in good faith. 2,5 CORRECTME 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 mate acceptable progress on such corrective action plans, In orcler 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 fi•om CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in bindings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan be submitted to CHS within 15 days following issuance of the report. + Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted, CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the non-compliance issue. 2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely manner to CHS, CHS may require a portion of the awarded grant amount be returned to the County. • CHS may require upwards of five percent (5%) of the award amount be returned to the County, 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 SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by CIIS of their substantial non-compliatce by certified mail; CHS may require a portion of Calller County Fadlitles and Management w CD19-10 Q radlity Improvernents page 11 Packet Pg. 1125 16.D.2.c I the awarded grant amount or the amoutit of the CDBG investment for'acquisition of the prop"etti"es conveyed, be rotorned to the County. ® CHS may require upwards of ten percent (10%) of the award amount be returned to the County, at the discretion of the Board of County Commissioners. The SUBmerPYENT will be, cotisiilered in "violation of Resolution No. 2013 228. h. din the case, after repeated notification, SUBRECiPIENT continues to be substantially rion-compli.ant, CHS liaay recomtriend the contract or award be, terminated. CHS will make a recommendation to the Board of County Commissioners to immediately terminate the MOU, The SUBRECIPIENT will be required to �opay all fiends disbursed by CHS for the project that was terminated. This includes the amount invested by the County for the initial acquisition of properties or other activities. • SUBRECiPIENT will be considered in violation of Resolution No, 2013-228, If in the case SUBRECIPMNT has multiple MOUs with CHS, and is found to be no. n-compliant, the above sanctions may be imposed across. all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate idpoiU required by this MOU, and on the resolution of monitoring findings identified pursuant to this MOU, as deemed 'necessary by the County Manages' or designee. During the term, SUBRECIPMNT shall submit quarterly progress reports to CHS on the l 0th day of Januaty, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October; the 8UBRECIPIENT also agrees to include, a comprehensive final fepoxt"Covering the agreed uponProgram objectives, activities, and expenditures including, butnot 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 reggcsted documentation not received by the due date shall be considered. delinquent and may be cause far' default and termination of this MOU. Golller County Facllliles and mabagement Q CD19-10 Facility lmprovements Page 12 Otl� Packet Pg. 1126 1ti.D.2.c PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No paid of this MOU may be assigned or subcontracted without the written consent of CHS, which consent, if given at all, shall be, at CHS'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 CPR 570.604; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SU13RECIPIENT 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 MOU, The SUBRECIPIENT further agrees to utilize hinds available under this MOU to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this MOU 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 MOU. CHS 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 CHS or SUBRECIPIENT may amend this MOU, at any time, provided that such amendments make specific reference to this MOU, and are executed in writing, signed by a duly authorized representative of each organization, and approved by CHS'S governing body. Such amendments shall not invalidate this MOU, nor relieve or release CHS or SUBRECIPIENT from its obligations under this MOU. CHS may, in its discretion, amend this MOU 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 Collier County Facilities and Management Cp19-10 Faculty Improvements Page 13 � Packet Pg. 1127 16.D.2.c part of this MOU, such modifications will be incorporated only by written amondment, signed by both CHS and SUBRRCIPIENT, 3,55 AVAILABILITY Or' FLMS The patties aolmowledge 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 agreesnant between the County and HUD governing CDBG funds pertaining to this MOU, In the event of curtailment or non -production of said federal fiends, 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 tho project, the flunnoW sources necessary to continue to pay the SUBRECIP ENT all or any portions of the funds will not be available. In either event, CHS may terminate this MOU, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his/her sale discretion and judgment, thatthe fonds ace no longer available, In the event of such termination, the SUBRECIP1ENT agrees that it will not look to, nor seek to bold CHS, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this MOU, and CHS shall be, released from any -further liability to SUBRECIPIENT under the tortes of this MOU. 3.6 INDEMNIFICATION -NOT A VIACABLF To the maximum extent petanitted by Florida law, the SUBRECIPIBNT shall indeinnify and hold halinless CHS, its officers, agents, and employees from any and all clahns, 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 extefut Caused by the negligenoe, 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 Linder the direction., contigl, or supervision of the 8,0BRECIPIENT in the performance of this MOU. This indemnification obligation shall not be construed to negate, abridge, or red ueeany other rights oriomedies, which otherwise may be availabloto an indemnified party or person. described in this paragraph. The SUBRECIPLENT shall ply all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in 1W name of CYIS and shall pay all Hosts (including attorney's foos) and judgments which may issue there -on. This Indemnification shall survive tho termination and/or expiration of this MOU. This section does not pertain to any incident arising from the sole negligence of CHS. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the litnit� set forth in Section 768,28, Floridg Statutes. This section shall survive the expiration of termination of this MOU, 3.7 GRANTER RECOGNITION/SPONSORSHIPS The SUB.RECIPIRNT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar a CollierCouniy Facllltlesand Mananement Facilltylmprovements Packet Pg. 1128 part of this MOU, such modifications will be incorporated only by written amendment, signed by both CHS and SUBRECIPIENT. 3.5 AVAILABILITY OF FU"S The patties acluiowledge that the Funds originate from CUBG grant funds from HUD and must be implemented in full compliance with all of MD's rules and regulations and any agreement between the County and HUD governing C.DBGr funds pertaining to this MOU. In the event of curtailment or rton-production of said federal funds, or the reduction of funds awarded by HUD to Collier County, to a level, determined by the Cowity Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECRIENT all or any portions of the funds will not be available. In either event, CHS may terminate this MOU, which termination shall be effective as of rite date that it is determined by the County Manager m designee, in his/her sole discrction and judgment, that the funds are no longer available. hi the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold CHS, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this MOU, and CHS shall be released from any further liability to SUBRECIPIENT under the terms of this MOU. 3.6 MElyJNI ICATION To the maximum extent Penn itted by Florida law, the SUBRECIPIENT shall indemnify acid hold hatnnless CHS, its officers, agents, and employees frorn any and all claims, liabilities, damages, Iosses, 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 SUBRECIPMNT in the performance of this MOU. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise, may be available to an indetunifred party or person described in this paragraph, The SUBRECIPIENT shall pay all claims and losses of arxy nature whatsoever in connection therewith and shall defend all suits hi the name of CHS 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 MOU. This section does u.ot pertain to any incident arising from the sole negligence of CHS. The foregoing indemnification shall not constitute a waiver of sovereign inununity beyond the limits set forth in. Section 768,28, Florida Statutes. This section shall survive the expiration of tom ination of this MOU. 3.7 GRANTEE RECOGNItTION/SPONSORSHWS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the program, research reports, and similar Collier County Facliltlas and Management Cb19-10 Facility Improvements Page 14 16.D.2.c L W U L 0 at m r C9 c W 0 C9 at R c a� (D 0 L a E c R c 0 M 0 c m L 0 4- at E c at E Q m m v 00 cc M Packet Pg. 1129 16.D.2.c public notices, whether printed or digitally prepared and released by the SUBRECIPIENT .fox, on behalf of, and/or about the Program shall include the statement: ,,FjNANCEt D IN PART BY U.S. DEPAR.TMI NT OR 'HOUSING AND [JRBAN DI;iE,LO-pM NI.' (1—") 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 1Cey 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, RElY EDIE,S, AND TERMINATION in accordance with 2 CYR 200.339, this MOU may also be terminated for convenience by either CHS 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, CHS determines that the remaining portion of the award will :not accomplish the purpose for which the award was made, CHS may terminate the award in its entirety, The following actions or inactions by SUBRECIPIENT shall constitute a Default tindcr this MOU: 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 MOU, C. ineffective or improper use of funds provided under this MOU, D, Submission by the SUBRFCIPIENT to CHS rep oils that are incorrect or incomplete, in any material respect. E, S-abmission by the, SUBRECIPIENT of any false certification. F. Failure to materially comply with any terms of this MOD. 0. Failure to materially comply with the terms of any other MOU between CMS and the SUBRECIPMNT relating to the project. w r ColllarCounry> acilltles and Management Q CD19-10 Facility Improvements Page i5 Packet Pg. 1130 16.D.2.c In the event of any default by SUBRECIPIENT under this MOU, CHS may seek any combination of one or more of the following remedies; A. Require specific performance of the MOU, in whole or in part. B. Require the use of, or change in, professional property management. C. Require immediate repayment by SUBRECIPIENT to'CHS of all CDBG funds that SUBRECTPIENT has received under this MOU. D. Apply sanctions, if determined by CHS to be applicable. E. Stop all payments, until identified deficiencies are corrected. F. Terminate this MOU by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the MOU is terminated by CHS, as provided herein, SUBRECIPMNT shall have no claim of payment or claim of benefit for any incomplete, project activities undertaken under this MOU. 3.9 REVERSTON OF ASSETS In the event of a termination of this MOU and in,addition to any and all other remedies available to CHS (whether under this MOU, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to CHS 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). CHS's receipt of any Rinds on hand at the, time of termination shall not waive CHS's right (nor excuse SUBRECIV ENT's obligation) to recoup all or any portion of the funds or property, as CHS 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 SUBRECRIENT shall not commence any work and/or services pursuant to this MOU 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 SUBRECIi'IENT's performance under the MOU. 3,11 ADMINISTRATIVE RE,EQUIRE'ME, NTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Pait 1), the Uniform Administrative Requirements, Cost principles and Audit Requirements for Federal Awards (2 CPR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et sect.). Colfier County Faculties and Management CD19-10 Faculty Improvements Page 16 Packet Pg. 1131 16.D.2.c I 3.12 PIMCHASING SMOCIPIENT is required to follow Federal Procurement standards (2 CFR 200.118 ftough A3 6) and Collier County's Procurement Ordinance # 2017-08, as amended. Current purchasing thresholds are: Range: Com etition Re uired $0 - $3 000 Sin le Quote with documentation $3,000 - $50 000 3 'WrittenQuote's $50,000+ Formal Solicitation M., 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 wit the lowest, responsible and qualified bidder. Contract administration shall be hazzdled 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 MOU, such Program income shall be utilized by the SUBRECIPIENT for CD13G-eligible activities, approved by CHS. Any "Program Income" (as such term is defined under applicable )federal regulations) gained fi'Om any activity of the SUBRECIPIENT funded by CDBG funds shall,be reported to CHS through an annual program income re=use plan, utilized by the SUBRECIPTENT 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 revertto CMS's Community Blook Cixant Program, for f other reallocation, i Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated, or otherwise .improved with CDBG funds are subject to this requir6ment. This includes pairks, libraries, community centers, and any other facility whose primazy purpose is a public one. For these facilities, program income is the income generated by the use ofthe facility, less the operating costs associated with generating the income. CHS considers utilities, property insurance, and facility maintenance to be operating costs that should be subtracted Rain revenue to determine net program income. For each funded project, the SU13RECIPIENT must submit for CMS's approval a list of proposed costs incidental to the generation of the program. income, Additionally, real property under the SUB"ClPIENT'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 w Collier County Facilities and Management Q CD19-10 Facility Improvements Page 17 Packet Pg. 1132 16.D.2.c pursuant to 24 CFR 570,209, during the continued use period, as referenced in section 3.14 (Grant Closeout Procedures) of this MOU. If the SUBRECIPWNT sells, transfer, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a mariner that meets a CDBG National Objective, the SUBRECIPIENT shall pay CHS an amount equal to a percentage of the clrrrent fair market value of the property, after sabtraetinng disposal costs. Such percentage shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CI)BG funds expended for the original acquisition of, or improvement to, the property under the terms of this MOU. Such payment shall constitute program income to CHS. 3.14 GRANT CLOSEOUT PROCII DURES SUBIWCIPIENT's obligation to CHS shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with CHS after the five (5) year continued use period has been met (for public services; "after the expiration of the MOU"). The continued use period shall conllrrence 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 are not fir nited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to CHS), 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 Rinds that have been advanced or paid must be, returned to CHS. Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this MOU must be refunded to CHS, 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 CIVIwL 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 MOU on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, CHS shall have the right to terminate this MOU. 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. R Collier County Facilities and Management Cl]19-10 Q racllity improvements Page 18 O Packet Pg. 1133 3.16 OPPORTUNITI E, 8 FOR SMALL AND MINORITY/WOMEN OWNED BUSMSS ENTERPRISES The SUBR.ECIPMNT will use its best offorts 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" paeans 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 cnterprise" means a business at least 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 SUBRECIPH3NT 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 BE, NE At least 51 percent of the beneficiaries of a project funded through this MOU must be low- and moderato- income persons or presumed to be low- to moderate- income persons based on applicable regulation, if the MOU is meeting a national objective through a EM[ strategy. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this MOU roust reside in unincorporated Collier County or in nwnicipalities participating in the County's Urban County Qualification Programs The project shall assist beneficiaries as dofrned above for the time period designated in Exhibit "C" of this MOU. 3,18 A.FI MMA.TWK ACTION The SUBRECJPIENT agrees that it shall be committed to carry out, pursuant to CHS's specifications, an Affirmative Action Program, in beeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. CHS 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 CHS within 30 days of updatelmodification. 3.19 CONFLICT OF IlVTEREST 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 intcres[ direct or, indirect, ih the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this MOU, and that no person having any conflict of interest shall be employed by or subcontracted by SUBRLCIPI:ENT, The SUBRECIPIENT covenants that Collier County Fadlitles and Management Q CD19 10 Padilty improvements Page 19 O Packet Pg. 1134 16.D.2.c 6 it will comply with all provisions of 24 CI;R. 570,611 "Conflict of Interest", 2 CFR 200.318, arid the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify CIS, in writing, and seek CHS 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 confi-olled in whole or in part by the SUBRECIPIENT. CHS may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be inn CHS'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 pant 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 requiroment that maximum opportunity be provided for employment of and participation of low- and moderate - income residents of the project target area. 3.20 XW, LIGIOUS ORGA.NMA.TIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Scction 24 CI3R 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit omploynient 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 it does not use direct CDBG fonds 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 firnded improvements. Collier County Facilities and Management r cars -so Q Facility Improvements Page 20 O Packet Pg. 1135 16.D.2.c I 3.21 I NCEDENT REPORTING If services to clients are to be provided under this MOU, the, SUBRECIPIENT and alny subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to CHS. 3,22 SE'VI;RABILxTM Should any pr©vision of the MOU be determined to be unenforceable or invalid, such deteimination shall not affect the validity or enforceability of any other section or part thereof. w CofllerCounty Faelilttes and Management Q CD1940 F-cllity Improvements Page 21 Packet Pg. 1136 16.D.2.c PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program iittus•//�vww.ecfr.tnv/cgi-biii/text-idx7tlnl=/ecfrbrowse/Titie24/24eft•570 main 02.t1� 4,2 24 C1,R 58 - The regulations prescribing the Environmental Review procedure, litt s:/? v4vw.cefi•. ov c gi-biii text-i(lx?t l=/ccfrbi-owse/Title24/24c,frS8 main 02.t 1 4.3 Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended ltiril)s:Nuartal.liud,govlliud ortailHUD?src—/ program ofticeslfair housiu a ual o /FHLaws/10 9 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. litt )://m"v,htid. ov/ofi'ices/flied/libi,ai /litiddoistateinctit, dflttt s://www.hu(i. oy/ ro ram offie es/fair housing equal_o1)/ReasonableAccoinmodationsl5 Executive Order 11063 Equal Opportunity in Housing littps://Nvww.litid.gov/prograin offices/fair housing equal o n i/FHLaws/EXO11063 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs litt)s://www.ai-eiiives. ov/federal-re ister/codification/executive-order/12259,lrtral 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. 1ittps:I/wNyty.law.cot•nel l,edtt/cfi•/text/24/part-107 4,5 Title Vl of the Civil Rights Act of 1964 as amended, Title VU1 of the Civil Rights Act of 1968, as a, amended littl)s://%vNv�v,iitid.gov/pi-ogi,,qiiidesci-ii)tioiVtitIC6 m 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which m prohibits discrimination and promotes equal opportunity in housing. M https•//Nvww gpo gov/fdsys/pkv/CFR-2007-titic24-vol3/pdf/CFR-2007-title24-vol3-secS70- N 602.pdf ar 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders U. 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted 06 CO) with federal fiends and as supplemented in Department of Labor regulations. EO 11246. _ rJ '. lnttus:/hvlvw.hud.goy/program offices/fair®housing pqualpqual ouu/FHLaws/EXO11246 EO 11375 and 12086: see item ##8 below 3 w m m O r c m E t Collier County pacillUes and Management r CD19--10 UAC Q Facility Improvements Page 22 Packet Pg. 1137 16.D.2.c 4.8 Title VI[ 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 fox` employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer, lifto://�vWv v.iitid. ovl i,o ramdesori tion/title6 4,9 24 C1iR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Developtn ent Act of 1068, 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 MOU, shall be a condition of the Federal financial assistance provided under this MO"U and binding upon CHS, the SUBRECiP1ENT and any of the SUBRECIP19NT'9 Subrecipients and subeontractors. Failure, to fulfill these requirements shall subject CHS, the SUBRECIPIENT and any of the SUBRECIPIENT's Subreeipients and subcontractors, their successois and assigns, to those sanctions specified by the agreement tlu`ougb 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 coniply -with these "Section 3" requirements and to include the following language in all subconttaots executed under this MOLT: "The work to be performed under this MOU is a project assisted under• a progx am providing d`eot 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 givers to lour- 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 prnjcot is located." The SUBRECIPIENT hithor 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), mousing construction, or other public construction project are given to low - and very low-income person s.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 HM programs; grid 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-irrcoixta 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 Iodated, and to low- and very low-income participants in other HUD programs. w Collier County Facilities and Management Q Cf1t9_10 1 �acliity improvements Page 23 7 Packet Pg. 1138 1Ei.D.2.c littl)s://Nvww.litid.y-oy/sites/docitnieiitsIDOC� 0047.PDF The SUBRECIPIENT certifies aitd agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. littps://www.ecfr.poN,/cgi-biii/text-idx?c=ecfi•&tpl=/ecft•bi-oNysc/Titic24/24cf_135�main 02�tu1 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 liters://wNyw.hud.gov/pro i�,-ttii offices/fair housing equal_opy/rl-lLaws/109 litt s:// ortal.hucl. oy/�htid,portal/HUD?srcf/proLiaiii ofces/fair housing equal opp/MiLaws/E XO 11063 11246: littps://Nvwry:dol,gov/ofeeu/yeas/statttes/eo l 1246.1itm 11375: Amended by EO 11473 n 11478: littps://NvvAv.arcliives.gov/federal-rep�istet/codification/excctitive-of•der/ 11478.lttittl 12107:litt s://wwNv.arciiives. ov/federal-re ister/Codification/executive-order•/12107,iitiul 12086: littps://www.archives.gav/federal-re€iisteilcodificatioiilexectitive-ot•der/t2O86.litiii 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. littps,//Nvww,dol.gov/wlid/regs/stattites/safe0j—,pd—f 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: littps:/hvww.epa.gov/civilriglits/sec504.litiri 29 USC 776: littps://Iaw.oiiecle.coin/iisoode/29/776.litmi 24 CFR 510.614: littps://wNvNv.law.coi-iiell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: litips://Nvww.litid. ovg_ /liiidi)rograntsteolitidni) 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,00 littps://Nyww.fliwa.dot. ova_/i_eal®estittefunifoi•tit_act/index.efn ch 4.15 29 CFR Pars 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of ai apprentices and trainees on federally assisted projects, as mandated by the Danis -Bacon Act. HUD Form 4010 must be included in all construction contracts f inded by CDBG. (See 42 USC 276a ti and 24 CFR 135.11(c). 06 2 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in L) whole or in part, by Loans or Grants from the United States litt s://wNYNY.Iaw.coriiell.edti/efi/text/29/ iart-3 W m 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed 0 and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Woil(Hours and Safety Standards Act) E Coiner County Faculties and Management w Cp19-1© Q Faclltty Improvements Page 24 Packet Pg. 1139 Litt s.//%vWW.[aNv.coritell,edu/cfr/text/29l art-5 Executive Order 11014 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. littps:ll%vvnv.presidetiEy.tiesb.edu/Nvslilldox.p—hijlbidf�23 67 5 4.16 Executive Order 11625. and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which presoribas goal percentages for participation of minority businesses in Community Development Block Graxit Contracts, E.O. 11625 Prescribing additional ar.rangeriients for developing and coordinating a national program for minority business eirterprise. htt s://v"vw.aichives. 'av/fedefal;re isteticodifichtioti/executive-oedei'/11625.1ttml 4.17 The SUBRECIPMNT agrees to comply with the non-discrimination in'. ' mploy bilt. grid contracting opportunities laws, regulations, and executive orders referenced lit. 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:Hwwvy gpb.gov/fdVs/pkg/CFR-20l0-title24-vo131 dflChR-2010-'ti#1e24- yo'18-seo570-.608.pdf• E.O. 13279: littp.-//wmv.fedgoveotitrarts.com/peO2-96.lihn 4.19 Public Law 100-430 - the Pair Housing Amendments Act of 1988. 1ittp..s•/Iwvvyv nebi nlnz.nili:goy/pubmed/l2259709 4.19 2 CFR 200 et seq - Uniform. Administrative Requirements, Cost: Principles, and Audit requirerrtertts for Grants and Ageeeraents. littgs://wkvw.cefr.pov/ogii-;bin/text-idx?tpl=/ecfrbrowso[TitleO2/2ofi200�main 02.t 1 4.20 Immigration Reform and Control Act of 1986 littps:l/wwtiv eeoc ggv/ee©c/histoix/35t1r/thelaw/irea.htEnl 4.21 P.Yohibition of Gifts to County Employees -No organization br 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 Pfoeedure 5311. Florida Statutes- htt s://www.lawserver.cojn/law/statelflorida/statutes/florida statutes chapter 112 . art iii Collier County- l�ttp://www.coilier ov.netlltome/sliorvdocument?id=35137 4.22 Order of Precedence - In the event of any conflict between or among the teams of any of -the Contract Documents, the terms of the MOU shall tape precedence over the terns of all other Contract Documents, except the terns of any Supplemental Conditions shall take precedence over the MOU. To the extent any conflict in the terms of the Contract Documents cannot be resolved by Application w r Collier County FacI RW and Managdment Q Co19 i0 Fullity Improvements rage 25 Packet Pg. 1140 16.D.2.c of the Supplemental Conditions, if any, or the MOU, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue -Any suit of action brought by either party to this MOU against the other party, relating to or arising out of this MOU, 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 MOU 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 mediations shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by CHS's staff person who would make the presentation of any settlement reached during negotiations to the County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out ofthis MOU, the patties 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 count order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this MOU 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 MOU, 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 MOU. littps://Nvww.flseiiate.gov/l.a vs/StattLtes/2012/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. lit43s://www,law.cornel l.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. littps://ww%y.law,cornell.edti/uscode/text/33/oli,ipter-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. lhtt s://w4vw.law.cornell.edulefr/text/24/570.605 4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract sfiall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. litt 3ps://www.f-, )o.gov/fdsys/arauule/CFR- 2000-titic24-vo13/CFR-2000-title24-vol3-sec570-608-i 11163 Collier County Facilities and Management r CD19-10 Q Facility improvements Page 26 60) Packet Pg. 1141 16.D.2.c 4.28 The "RECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 410) and the procodures 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 MOU. lltt s://www.n s. ov/iiistom/local-law/nti- aI966.htin https:/lwwtiv:ccfi•.gov/c,gi-biri/text- idx?c=eofr&tpl=/eefrbrowse/Titie36/36ofr800_rnain 02.t111 in general, this rcqui.res concurrence froin 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. htt s:/hwwnv;ii s. oV/Ilistor /Iocat-laW/nll al966.fiti 4.29 The SUI3RECIPIENT roost certify that it will provide drug -free workplaces, in accordance with the Drug -Tree Workplace Act of 1988 (41 USG 701), Litt s.1/Nvww. o. ov/fds sl'anuld/USCODE-2009-title4f/USCODE-2009-title4l-cha 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 Departlnent or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered tratsaction, with a person Who is similarly debarred or suspended from participating In this covered transaction as outlined in 24 CFR 570.609; Subpart K. Iltts:lhvww.law.colneli,edulcfr/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 CPR 200; et sect. 4,32 Single .Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to CHS rkine (9) months after the end of the SUBRECIPiENVs 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 CHS one hundred eighty (tW) days after the etid of the SUBRECIPIENT'S fiscal year. Per 2 CPR 200.344, if this MOU Is closed out prior to file receipt of an audit report, CHS reserves the right to recover Any disallowed costs identified in an audit after such alaseaut, h s;/Iwww.eefi,. ov/c i-bin/text- idx?SID=5a78addefff9a535e83fed3610308aef&tnc= true&nodc=se2.1.200 1344&r Il-div8 4,33 • Any real property acquired by the SUBRECIPIENT for the purpose of cariyiog on the projects stated herein, and approved by CHS 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 w r Colller County Facllltfes and Management Q C019-10 Facility Improvements Page 27 Packet Pg. 1142 16.D.2.c provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any zeal property within SUBRECIPIENT control, which is acquired or improved, ill whole or part, with CDBG fonds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. htt s://www o. ov/fds sf raliule/CFR- 999-title49-voIIICFR-•1999-4(c49-vol1-sec24-101 lit FR-2012-title24-013-sec570•-505 4.34 As provided in § 287,133, Florida Statutes, by entering into this MOUJ 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 oil 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. htt :I/ww�v.le ,state.tl.nrs/Statutes/i�tdex.afin7A» mode=Dis ila Statute&8carch Strin —&QR L=0200-0299/0287/Section s/02 87.133.lrtml 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 c Member of Congress, an officer or employee of Congress, or an employee of a Member of ari Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, c 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 E 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 Q 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 3 Lobbying", in accordance with its instructions, The undersigned shall require that the language of °a this certification be included in the award documents for all sub -awards at all tiers (including m subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. y m 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem CU rates in effect at the time of travel. _ littps://wNvw.gsa.My/portal/contelrtl104877 06 to x U 4.37 Equal access in accordance with the iadividuaFs gender identity in community planning and development programs, per 24 CFR 5.106. 3 littl)s•/hvNvw_g,oyegs.coinlregulatioars/oNpand/title24�par6_suubpartA se.etionS,106 m 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined 0 in §5.I00, required under or provided in connection with any program administered by HUD shall c m E L) Colder County Faditles and Management r CD19-10 Q FaclItty Improvements Rage 28 (QC) Packet Pg. 1143 16.D.2.c be provided only by organizations and counselors certMed bytlie 8eeretatyuAdet.24 CFR pant 214 to provide housing cot tjselitig, consistent with 1211,S,C. 17Q lx, per24 CFR 5,111, ligaqL//wwNv.ecfr.gov/c&i-biii/t ext- idx?SID=e339ece9fdfdl479eab67e85Oo?cddd4&iiodo--24:2.1.1,2.10.4&r tgll=div6 htt s:l/m"v.laiv.cornelf.edu/cfr/text(24f5.111 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 stallcing, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. it s:l/wtvNv.federalre ister. ov/docuttients/2016/11/16/2016-25888/violence-a a-inst-womett- reauthorization-act-of 2013-ittt lementatiou-in-hud-bousitt - ro ams 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 Florida Statutes 713.20, Pant 1, Construction Liens l,ttps://Www.igg.state.fl.us/Statfttes/ijidex.efiii?AiM, ,node=Dis la Statute&URL=0700- 0799/0713/07 13.lttml 4,42 Florida Statutes 119.021 Records Retention 1jttp-.//wyay.le&. state fl.us/Stattites/i udex.cfm?Anjo&=Display Statute&URL=0100- 0199/0119/S ect ions/0119,021.lttml 4.43 Florida Statutes,119.071, Contracts and Public Records Ilt!p,,L/www.leg.state.fi.tis/Statutes/index.cftn?A made=Dis la Stafite&U�00- 0199/0119/S ect ions/0119.021.lttml (Signature page to Fallow) Ch aD CU rL 06 x U c a� a� 3 w m m O r c m E w r CofllerCounty Facilltles and Management Q CD19 1© Page 29 �� Facility linprovpments Packet Pg. 1144 16.D.2.c IN WITNESS WHEREOF, the SUBRECIPIENT and CHS, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. COMMUNITY AND HUMAN SERVICES DIVISION (CI -IS) 1GU8 I SONNTAG, DIVISION D CTOR Date: COLLIER COUNTY PUBLIC SERVICES DEPARTMENT LE Date: COLLIER COUNTY FACILITIES AND MAN T DIVISION By:r DAMON GRANT, DIVISION DIRECTOR Date: z 10 D 1 COLLIER COUNTY FACILITIES AND MANAGEMENT DEPARTMENT B G. GEORGE YILMAZ, DEPARTMENT HEAD Date: C7 zs CU U- 06 x Approved as to forin and legality: c a� a� By: 7enni t . Belpedio� Assistant County Alto art y =O Date: d E t Collie CCounty FacIllUes and Management r Cp19--10 Q Facility Improvements Page 30 t.? Packet Pg. 1145 16.D.2.c i )PART 'V' EYMITS INSURANCE MQUIRE MENTS The SUBRECIPIENT shall Rit-nish to Collier County, c/o Community and Human Services Division, 3339 B. Tam.iarni Trail, Suite 211, Naples, Florida 34112, Ceztificate(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. 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 SUBRECII'IRNT or the licensed design professional employed by the SUBRECII'IENT, in an amount not less than $1,000,000 per occurrencel$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 SUDRECIPIENT in connectionn with this contract, This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued, 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 consttuction: 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 na ne, of Collier County and the SUBREC1KENT. 6. In accordance withthe 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 w Calller County Facilities and Management Q Cil19 -10 Facility Improvements Page 31 Packet Pg. 1146 16.D.2.c 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)_ OPERATIONWANAGEMENT PHASE (W APPLICABLE) After the Construction Phase is completod and occupancy begins, the following insurance must be kept ill force throughout the duration of tile, loan and/or contract: 7. Workers' Compen.5ation as required. by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completedoperations 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. 10, property Insurance coverage on an "All Risk"basis, in an atnourrt not less than one hundred (100%) of the replacement cost ofthe, property. Collier County must be drown 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 th rough the National Flood Insurance Program (NF1P). The policy must show Collier County as a Loss payee A.T.I.M.A. Collier County Fadiffles and Management � r Coin -In Q Facility Improvements page 32 �i� Packet Pg. 1147 16.D.2.c I EXMIT B COLLIER COUNTY COMWffTNITY & MMA.N SERVICES REQUEST FOR P.A.YM.ENT SECUON .I: REQUEST FOR PAYNI,NT Subrecipient Name: Collier County Facilities & Manag_ement Diyisior Subroeipient Address: 3335 Tamtiami Trail East, Naples, Fl, 3411.2 Project Name: Facili Irn rove eixts Project No: CD19-10 IDIS# Payment Request # Total Payment Minus Retainage Period of Availability: 10/1/i9 through 12/31/20 Period for which the Agency has incurred the indebtedness through SECTION JI: STATUS OF rUNDS 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% R.etaina-go Amount Withheld (if applicable) 6. Current Grant Balance (initial Grant Amount Award request) (includes Retairtago) I certify that this request for paymont has been made in accordance with the terms and conditions of the MOU between CHS and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) r.+ Collier County Facilities and Management Q CD14,10 Facility Improvements Page 93 Packet Pg. 1148 1ti.D.2.c EXI-HBI'r C QUARTERLY PERFORIANCR REPORT DATA. GENERAL -Grantee is required to submit to IIUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The COUNTY reports information on a qi mtlerly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within tan (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: Collier County Facilities & Management Division Date: --_ Project Tide: facility lmproyemcnis IDIS ##: Fragrant Contact: Ayoub Al-Dahou, Principal Project Manager Tole hone Number: 239-252-83 80 ActiV4 Re orting Feried Report Due Date October I" — Dacember 315r Janrrar 10'h January I" —March 31' April I Oh A rillgt—rtute30a' Jjjly le"' July 15t — September 30"' October 10" REPORT FOR. QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/19 3/31/20 6/30/20 9/30/20 PIease note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly ran f st»tri' inol77ria rnim111AtivP.. (10A heoiin1ing r-om the 5t2rt of the nroaram vear October 1, 2019. 1. Please list the outcome goals) from your approved application and subrecipient agreement and indicate your progress in meeting those goals since October 1, 2019. a. Outcome Goals: list the outcome oats ft•omr our approved applicationand subreci ient RAToeinent Outcome 1: Complete improvement activities. Outcome 2: Document that at least 5l% of persons served are low to moderate income to meet a CDEG LMUI,MANational Objective via Census Track documentation Outcome 3: b. Goal Progress- Indicate the pra ess to date in nleetin each auteonte oat. _ Outcome 1: Outcome 2: Outcome 3: 2. Is this pro'ect still comlree with the original projec_t_s_ehedule: Yes No If No Explain: 3. Since October 1, 2019; of the persons assisted, how many... Answer ONLY for Public Facilities & Infi•astruchire Activities *03 Matr1x Codes a, now have new access(continuing) to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 .,stow receive a service or benefit -that is no longer substandard? _ 0 Total 0 d. What funding sources did the subreci lent apply for this period? Section 108 Loan Guarantee $ CDI30 $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ S Total Entitlement Funds $ Q Collier County rac6les and Management W19-10 i Facility Improvements Packet Pg. 1149 16.D.2.c I 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, xacelethnicity, and income data aloe reported by persons. For LMH activities: households, racelethnicity, and income level are xeported by Households, regardless the number of persons in the household. a, Total No. Persons/Adults served MC 0 Total No, persons served under 18 (LMC) 0 Quarter Total No. of Persons 0 Quarter Total No, of Persons 0 b. Total No. of Households served 0 Tafal No, of fetrtale head of household (EMIT) 0 6. What is rho total number of UNDUI'MCATED clients served since October, if applicable? Answer question 6a or 6b, NOT both Far LMC activities: race/etlurici and income data are xo orted b ersom. a. Total No, Persons/Adults served 0 Total No Persons served under 18 (LMC) 0 LINK VW Total: 0 YTD Total 0 b, TatalNo, Households sawed MP 0 Total No, female head of household (LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question'7a and 717 if your program a, pjy serves clients in one or more of the listed HUD Presumed Benefit cate oriel. 7, PRESUMED BENEFICIARY DATA ONLY: MC uarter PRESUMED BENEFICIARY DATA ONLY. LMC YTD Indicate the total number of VNDKLPL 'CATBLD persons served this uc�arter who fall into each presumed benefit category (the total should equal the total in question 46a or 66): Indicate the total number of 2INDUPLICATED persons served since October I who fall into each presumed benefit category (the total should equal the total in question #6a or 6h): a Presumed Benefit Activities Ortl LMC TR b Presumed Benefit Activities Onl LMC YTD 0 Abused Children ELI 0 Abused Children ELT 0 Homeless Person. T;LZ 0 homeless Person ELI 0 Miarant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses Li 0 Battered Spouses LI 0 Persons wifflWAIDS LI 0 Persons w/IIN/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons Lf or MOD 0 Illiterate Adults LI iterate Adults Li 0 Severely Disabled Adults LI TO, verely Disabled Adults LI 0 Quarter Total Total 8, Cogx lcte, question 8a and 8b if any client in yRur ra ram does not fall into a Presumed Benefit cate or . Other Benefxcia Data: Income Range Other BeneHcia Data: income Ran e Indicate the total number of UNDUPLICATED indicate the total number of UNDUPLICATED parsons persons served this Quarter 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): uestion #6 : a ELI Fxfiterrtely Low Income (0-3 ON 0 b ELI Extremely Low Income (0 30%} 0 LI Low income (31-50°/a) 0 LI row Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON Above Moderate Income (%80(/'o) 0 NON- Above Moderate Income (>80%) 0 LIM L/M Quarter Tara! 0 YTD Total 0 Q Collier County Facilities and Management CD1.9-10 Facility improvements Packet Pg. 1150 16.D.2.c 9. Racial & Ethnic Data (i f applicable) Please judicate how many UNDUPLICATED clients served this Quarter fall into each :race category. In, addition to each race category, please indicate how many persons in each t-ace category consider themselves Hispanic. (Total Race column should equal the total to raest!on 6. Please indicate how many UNDUPLICATED clients served since October (YTD) fall into each race category. In addition to each race category please indicate how many persons in each race catego€y consider themselves Hispanic. Race column should equal the total to uestion 6. a. RACE ETHNICITY /141SPANIC b. RACE I'BMICITY AMSPANIC White 0 0 White 0 0 Maek/Afi'iean American 0 0 Black/African Arnerlcan 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native 1(myoiiantOtherPncificIslander 0 0 Native Halvaiian/OthuPacific lsiauder 0 p Black/African American & White 0 0 1'3laek/Afrlcan American & White 0 0 American ludian/Maska Native & Black/African American 0 0 American Indiast/Alaska Native & Black/African America3 0 0 Other Multi -racial _ 0 0 Other Multi -racial 0 0 0 0 0 0 Name. Signature: Title; Your t ed name here x'c resents your electronic signature Gooier C'unty Factllttes and Management Q ! CD19 x0 Facility improvements rage afi Packet Pg. 1151 16.D.2.c EXHIBIT n INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDDG assistance to an eligible beneficiary. Please file in your organization's .records and have on hand for future monitoring visits. F,,fleative Date. A. Ifousehold Information Member Names --All Household Members Relationship Age 1 2 3 4 S 6 7 8 B. Assets. All Household Members, Including Minors Member Asset Description Cash Y�alue Income from Assets 1 2 3 4 S 6 7 g 0,00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets 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(G) Q Coiner County Facilities and Management ,�� Co99_10 _ I,, ' 1 Facility Improvements I Packet Pg. 1152 16.D.2.c A. Anticipated Annual Income: Includes Unearned Income. and Support Paid on Behalf of Minor s Member Wages 1 Salaries (include tips, commissions, bonuses, and overtime Benefits 1 Pensions Public Assistance Other Income Asset I1ICo)i1C (Enter the 1 greater of 2 box I3(b) or 3 _ box B(c), in 4 above, box C(e) 5 below) 6 7 Totals (a) (b) (c} (d) (e) 0.00 0.00 0100 0,00 Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income, 0.00 -B. 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. T/we certify that the statements are true and complete to the best of my/oux knowledge and belief and are given under penalty of perjury, WARNJNGc Florida Statutes 817 provides that willful false statements or misrepresejitations concerning income and assets or liabilities relating to financial condition is a >nisdemeanor of the first degree and is punishable by fines and iniprisoranont provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co -Head of Household bate Adult Household Member (if applicable) Adult Household Member (if applicable) Date Date C-117 County Facllltles and Management Q CD19-10 faculty Improvements P Packet Pg. 1153 16.D.2.c A. CDBG Grantee Statement Based on tho 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 indWidual(s) constitute(s) a: ❑ Extremely Low Income (BLI) Household means and individual or family whose annual income does not exceed 30/50'h of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Ilowing and Urban Development with adjustments for household size. (Maxilmum Income Limit $, ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the aroamedian income as determined by the U.S. Department ofHousing 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 US. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ }• Based upon the (year) income limits for the Naples-Matoo Island Metropolitan Statistical Area (MSA) of Collier County, Florida_ Signature of the CDBG Administrator or Mslffer Designated Representative: Signature Printed Name In Irr ehold Data Date Title ous Number of Persons 33y Race l Ethniclt B .. e Native p 25 26--40 41-61 62-1- Amedcan Hawaiian or Other Indian Asian Black OtherPac. White Islander klispanic Noll ' 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 prograrn, a Cooler County Facilities and Management CD19--1a FacilayImprovements Packet Pg. 1154 16.D.2.c EX WIT L ANNUAL AUDIT MONITORING REPORT rcular. 2 CFR Part 200.33.1 requires Collier County to.moriltor subrecipients of federal. awards to.determine;if ihrcninicrafn Orn nmmrilicani with acfahlirhrarl nwilif rcarmiraman c l.Riihnnrf M Ar•.t--nrrllnnly O..nllinr C'ntinfvt rnnieirae 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 mans ement 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 l hereby certify that the. above information is true.and accurate. Signature I Date Print Name and Title 06/18 Collier County Facilities and Management M Cp19—�0 Q Facility improvements Page 40 p Packet Pg. 1155 16.D.2.c 00 M N d m LL 08 Cn ci C d 3 m m O r c m E z m Q Packet Pg. 1156 16.D.2.d Memorandum roctos Thru: �' ristl Sonntag, Director �� ommunity and Human Services Division To: Leo E. Ochs Jr., County Manager From: 4 Tam! Bailey, Federal and State Grant Manager Community and Human Services Division Date: May 20, 2020 Subject: Community Development Block Grant (CDBG) Extension Approval Request— Collier County Facilities Management Division — Golden Gate Senior Center Project #CD 19- 10 (BCC approved Subreciplent Agreement June 27, 2019 Agenda Item 16.D.1) Pursuant to the CDBG subrecipient agreement between Collier Coun and Collier County Facilities and Managen-tent Division, Part I Scope of Work Section 1.4 ($90,000) "The County Manger or designee may extend the term of this agreement for a period of LIP to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient." Collier County staff have advertised the project on April 20, 2020 and anticipate bids to be 9ppened on June 2, 2020 with an anticipated approval of the award on the July 14, 2020 Board of County Commissioners meeting, However, Facilities staff are concerned about unforeseen delays caused by the COVID-19 ewergency and are requesting a 6-month extension of the grant deadline to allow them to properly address and resolve any possible delays triggered by COV1D-19, A. letter of approval granting the extension requests has been prepared for your signature. We have enclosed the subrecipient's written extension request for your consideration. Staff have reviewed the request and deem the request reasonable and recommend the extension be granted. If you have any questions, you may call Tami Bailey at ex, 5218 Cc: file Community and Human Services Public Seivices Division Packet Pg. 1157 16.D.2.d }� Office of the County Manager Leo E. Ochs, Jr. 3299 Tamiami Trail East, Suite 202 • Naples Florida 34112-5746 • (239) 262.8383 • FAX: (239) 252-4010 May 21, 2020 Public Utilities Department Facilities Management Division C/S Damon Grant 3335 Tamiami Trail East, Suite 101 Naples, FL 3411-5356 Dear Mr. Grant, I am in receipt of your request for an extension, dated May 12, 2020 sent to Ms. Sonntag, Director, Community and Human Services, for the Golden Gate Senior Center Project. CD 19-10. Your request for a 180-day extension is approved, per your contract terms. It is imperative that your project be completed by June 29, 2021. The project is essential to the County meeting its Federal timeliness requirement and any further delays may impede the County from meeting this critical compliance requirement. Sincerely, Leo E. Ochs, Jr. County Managei Packet Pg. 1158 16.D.2.d CIL County public Utilities Department Facilities Management Division DATE; May 12, 2020 TO: Kristi Sonntag, Director, Community and Human Services FROM: ❑amon Grant, Director, Facilities Management REFERENCE: Request for 6-month Extension Facilities Management is respectfully requesting a 6-month extension for the Golden Gate Senior Center Project grant deadline. As you may recall, Facilities advertised on April 30, 2020 and bids will be received on June 02, 2020 with an anticipated Board date of July 14, 2020. This proposed schedule allows us to meet the Grant deadline; however, staff is concerned about unforeseen delays caused by the Covid-19 emergency. Receiving a 6-months extension on the Grant deadline would allow us to property address and resolve any passible delays triggered by Covid-19, Facilities Management Divislon 0 3335 Ta+niaml Trail East, Suite 101 - Naples, Florida 3410-5358. 239-252-8380 Packet Pg. 1159