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Agenda 12/12/2023 Item #16D 7 (Sign First Amendment between Collier County and Legal Aid Service of Broward County)12/12/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the First Amendment between Collier County and Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Service of Collier County for the administration of the Community Development Block Grant - CV program to extend the period of performance, modify language within project components, redistribute funds between project components, and change the National Objective, with a net $0 impact. (Grant Fund 1835) OBJECTIVE: Provide legal, financial and accounting support, and services to Small businesses or Non-Profits. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) provides Community Development Block Grant (CDBG), HOME, and Emergency Solution Grant (ESG) entitlement funds to the County annually to address program-specific needs in the community. The Board of County Commissioners (Board) previously approved the 2019-2020 One Year Action Plan on June 25, 2019 - Agenda Item #16.D.2. On April 27, 2020, the County Manager signed the substantial amendment to the Collier County U.S. Department of Housing and Urban Development Annual Action plan for FY2019-2020 to address new CDBG-CV funding and programs. On May 12, 2020, Agenda Item #16.F.1(f) the Board ratified the County Manager’s action to amend the 2019-2020 One Year Action Plan to recognize the first round of funding. On November 10, 2020, Agenda Item #16.D.8, the Board approved the second substantial amendment recognizing the second allocation of funding , bringing the total award for Collier County to $4,232,728. On July 13, 2021, Agenda Item #16.D.8, the County entered into an Agreement with Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Service of Collier County to further undertake the responsibilities and obligations of the Community Development Block Grant (CDBG) - CV Program to provide funding to cover salary, payroll taxes, and fringe benefits of staff who will provide free legal, financial and accounting services to small businesses a nd non-profit organizations that were impacted in 2020. These services are critical to helping small businesses recover due to the various adversities created by the shutdown and other actions in 2020. The proposed First Amendment is necessary due to a delay in the Subrecipient securing a CPA firm, thus necessitating the need to extend the period of performance, and revise allowable activities to allow Legal Aid to fully expend funds. In addition, based on HUD technical assistance received in June 2023, t hey advised staff the project's national objective should be reclassified. The proposed First Amendment will include the following actions: (a) Extend the end date of the agreement to December 31, 2023. (b) Modify language within project components. (c) Redistribute funds from Project Component One project to Project Component Two project. This represents no change in the total funding amount. (d) Remove the requirement of a Section 3 policy from Section 1.1 Grant and Special Conditions as this is not a construction project and not applicable. (e) Change the National Objective to LMC - Low/Mod Clientele Benefits from LMJ - Low/Mod Job Benefit. (f) Revise the National Objective language as it pertains to Low-to-Moderate income persons on the Exhibit C Quarterly Performance Report. (g) Change the contact person for the Custodian of Public Record to Michael Brownlee. FISCAL IMPACT: The proposed action has no new Fiscal impact. Funds are budgeted within CDBG-CV Housing Grant Fund (1835), Project 33674. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - DDP 16.D.7 Packet Pg. 2080 12/12/2023 GROWTH MANAGEMENT IMPACT: This item has no impact on the Growth Management Plan of Collier County. RECOMMENDATION: To approve and authorize the Chairman to sign the First Amendment between Collier County and Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Service of Collier County for the administration of the Community Development Block Grant - CV program to extend the period of performance, modify language within project components, redistribute funds between project components, and change the National Objective, with a net $0 impact. Prepared By: Tracey Smith, Grants Coordinator, Community and Human Services Division ATTACHMENT(S) 1. AGRMT Legal Aid CDBG CV (PDF) 2. Legal Aid Service - CDBG CV Extension Approval letter to 09-30-2023 (PDF) 3. Legal Aid Services - CDBG CV Extension Approval letter 12-27-2023 (PDF) 4. Legal Aid first amendment signed by subrecipient (PDF) 16.D.7 Packet Pg. 2081 12/12/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7 Doc ID: 27203 Item Summary: Recommendation to approve and authorize the Chairman to sign the First Amendment between Collier County and Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Ser vice of Collier County for the administration of the Community Development Block Grant - CV program to extend the period of performance, modify language within project components, redistribute funds between project components, and change the National Objective, with a net $0 impact. (Grant Fund 1835) Meeting Date: 12/12/2023 Prepared by: Title: – Community & Human Services Name: Tracey Smith 11/08/2023 2:25 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 11/08/2023 2:25 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Completed 11/08/2023 3:58 PM Operations & Veteran Services Jeff Weir OVS Director Review Completed 11/12/2023 9:21 AM Corporate Compliance & Internal Review Todd Henry Additional Review Skipped 11/16/2023 10:50 AM Public Services Department Todd Henry Level 1 Department Review Completed 11/17/2023 12:31 PM Grants Erica Robinson Level 2 Grants Review Completed 11/20/2023 3:42 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/22/2023 3:07 PM Public Services Department Tanya Williams PSD Department Head Review Completed 11/29/2023 9:37 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/29/2023 9:45 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/29/2023 10:36 AM Grants Therese Stanley Additional Reviewer Completed 12/01/2023 10:28 AM Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 12/01/2023 2:00 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/04/2023 8:24 PM Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM 16.D.7 Packet Pg. 2082 FAIN# B-20-UW-12-0016 Federal Award Date 09 /22/2020 Federal Award Agency HUD CFDA Name Community Development Block Grant-CV CFDA/CSFA# 14.218 Total Amount of Federal $308,382.00 Funds Awarded Subrecipient Name Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Service of Collier County DUNS# 844481478 FEIN 59 -1 547191 R&D No Indi rect Cost Rate No Period of Performance 07 /0 I /2021 -06/30/2023 Fiscal Year End 12/31 Monitor End: 12/30/2024 AGREEMENT BETWEEN COLLIER COUNTY AND LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CDBG-CV Serv ices THIS AGREEMENT is made and entered into this n t 0 ~ •• L 20 i , t y and betwee n Collier County, a political subdivision of the State of Florida, (COUNT~~ts principal address at 3339 E Tamiami Trail, Suite 211 , Naples FL 34112, and Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Service of Co lli er County (SUB RECIPIENT), a private, non-profit organization having its principal office at 4436 Tamiami Trail Ea st, Nap les, FL 34112. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Deve lopment (HUD) for a grant for th e execution and implementation of a Community Deve lo pment Block Grant (CDBG) Program in certain areas of Co lli er County, pursuant to Tit le I of the Hou s ing and Community Development Act of 1974 (a s amended), codified as 42 USC 530 I et. se. and subject to 24 CFR Pa tt 570; and WHEREAS, the Board of County Comm iss ioners of Coll ier County (Board) approved the Co ll ier County Conso lid ated Plan -One-year Action Plan for Federal Fiscal Year 2019-2020 for the CDBG Program on June 25, 2019 -Agenda Item 16 .D.2; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated P lan concerning the preparat ion of variou s Annual Action Plans, the COUNTY adverti sed the 2019 -2020 LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEG AL AID SERVI CE OF COLLIER COUNTY CD -CV21-03 Lega l and Fi scal Support/Servic es for Small Bu sin esse s Impac t ed by COV ID-19 Page 1 16.D.7.a Packet Pg. 2083 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) Annual Action Plan, on April 21, 2020, with a 5-day Citizen Comment period from April 21, 2020 to April 26,2020;and WHEREAS, on May 12, 2020, Agenda Item 16.F.l(f) the Board ratified the County Manager's action to amend the 2019-2020 One-Year Action Plan to recognize CDBG COVID-19 funding. On November 10, 2020, Agenda item 16.D.8, the Board approved another substantial amendment recognizing further CDBG COVID-19 funding, bringing the total amount to $4,232,728 respectively. WHEREAS, the COUNTY established a program to provide assistance to qualified agencies from its Community Development Block Grant (Program) due to the circumstances of the COVID-19 health crisis; and WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided, is qualified to receive funding from the Collier County CDBG-CV program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set f01th the responsibilities and obligations of each in undertaking the CD BG-CV project -(CD-CV21-03) Legal, Financial and Accounting Support/Services for Small Businesses Impacted by COVID-19. NOW, THEREFORE, in consideration of the covenants and agreements contained herein, and for other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and agreements herein set faith: PART I SCOPE OF WORK The SUB RECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG-CV assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Legal, Financial and Accounting Support/Services for Small Businesses Impacted by COVID-19. Description of project and outcome: Provide funding to cover CPA services, salary, payroll taxes, fringe benefits of legal staff. The program will provide legal, financial and accounting services to small businesses and non-profit organizations that have been impacted by the COVID-19 pandemic. Project Component One: Staffing -Salary, payroll taxes and fringe benefits for one (I) Full Time Equivalent (FTE) Attorney and one(!) Full Time Equivalent (FTE) Paralegal Project Component Two: Subcontracted CPA services. LEGAL AID SERVICE OF BROWARD COUNlY, INC. O/B/A LEGAL AID SERVICE OF COLLIER COUNlY CD-CV21-O3 Legal and Fiscal Support/Servlces for Small Businesses Impacted by COVID-19 Page 2 16.D.7.a Packet Pg. 2084 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver, to CHS for approval, a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: [8J Affirmative Fair Housing Policy [8J Affirmative Action/ Equal Opportunity Policy [8J Conflict of Interest Policy [8J Procurement Policy 0 Uniform Relocation Act Policy [8J Sexual Harassment Policy [8J Section 3 Policy [8J Section 504/ADA Policy [8J Fraud, Waste, and Abuse Policy [8J Limited English Proficiency Policy (LEP) [8J Violence Against Women Act (VA WA) Policy [8J LGBTQ Policy C. Annual Subrecipient Training -All SUB RECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered Subrecipient training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four ( 4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. D. Environmental Review Requirement -No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUB RECIPIENT 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 Agreement. LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-D3 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 3 16.D.7.a Packet Pg. 2085 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 1.2 PROJECT DETAILS A. Project Description/Project Budget Descrintion Federal Amount Project Component 1: Staffing -Salary, payroll taxes and fringe benefits $244,625.00 for one (1) Full Time Equivalent (FTE) Attorney and one (I) Full Time Enuivalent IFTE) Paralegal Proiect Comnonent 2: Subcontracted CPA services. $ 63,757.00 Total Federal Funds: $308.382.00 The SUBRECIPIENT will accomplish the following checked project tasks: D Pay all closing costs related to prope11y conveyance ~ Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation ~ Maintain and provide National Objective Documentation ~ Provide Quarterly Reports on National Objective and project progress ~ Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS D Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP) D Provide monthly construction and rehabilitation progress repo11s until completion of construction or rehabilitation D Identify Lead Project Manager D Provide Site Design and Specifications D Comply with Davis-Bacon Labor Standards ~ Comply with Section 3 and maintain documentation D Provide certified payroll weekly throughout construction and rehabilitation D Comply with Uniform Relocation Act (URA), if necessary D Ensure applicable numbers of units are Section 504/ADA accessible ~ Ensure the applicable continued use period for the project is met B. National Objective The CDBG-CV program funds awarded to Collier County must benefit low-to moderate-income persons (LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: D LMA -Low/Mod Area Benefit D LMC -Low/Mod Clientele Benefit D LMH -Low/Mod Housing Benefit ~ LMJ -Low/Mod Job Benefit LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-D3 Legal and Fiscal Support/Services for Small Businesses Impacted by COV!D-19 Page 4 16.D.7.a Packet Pg. 2086 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 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 Agreement will require repayment of the CDBG-CV investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low-to moderate-income persons or households, in order to meet a COBO-CV National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CD BG-CV investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by I 00 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG-CV investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 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 Agreement will require repayment of the CD BG-CV investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Documentation Special Grant Condition Policies Policies as stated in this (Section 1.1) Agreement Insurance Insurance Certificate Detailed Project Schedule Project Schedule Project Plans and Specifications Site Plans and Specifications Subcontractor Log Subcontractor Log Progress Report Exhibit C Section 3 Report Quarterly repo1t of new hire information Davis-Bacon Act Ce1tified Weekly Certified Payroll Payroll repo1ts, forms, and supporting documentation Annual Audit Monitoring Exhibit E Report Financial and Compliance Audit Audit, Management Letter, and Supporting Documentation Continued Use Certification Continued Use Affidavit, if annlicable LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Submission Schedule Within sixty (60) days of Agreement execution Within 30 days of Agreement execution and Annually within thirtv (30) davs of renewal Within 30 days of Agreement execution. Prior to nrocurement NIA Quarterly repo1ts. Annually after closeout. Quarterly; within IO days following the end of the quarter. Annuallv after closeout. NIA Annually, within 60 days after FY end Annually: nine (9) months after FY end for Single Audit OR one hundred eighty (180) days after FY end NIA Pages 16.D.7.a Packet Pg. 2087 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) Ca ital Needs Assessment Plan NIA ram Income Reuse Plan NIA D. Payment Deliverables Pavment Deliverable Pavment Su""ortinP Documentation Submission Schedule Project Component I: Staffing -Submission of monthly invoices and Monthly submission Salary, payroll taxes and fringe backup as evidenced by invoices/ within 30 days of the benefits for one(!) Full Time timesheets/payroll registers/banking prior month. Equivalent (FTE) Attorney and documents/cancelled checks, staff one(!) Full Time Equivalent resumes, documentation of payroll taxes (FTE) Paralegal (both 100%). and fringe benefits, Exhibit B and any additional documentation as requested. 10% retainage ($24,462.50) released upon final monitoring clearance and meetin2: the National Obiective. Project Component 2: Submission of supporting documents Monthly submission Subcontracted CPA services. must be provided as backup, as evidenced within 30 days of the by a subcontract agreement (copy prior month. included in the first pay request), invoices which document the client listing and hours of service provided, proof of reimbursement vi.a check stubs, credit card statements, bank statements and any other additional documentation as requested. 10% retainage ($6,375.70) released upon final monitoring clearance and meeting the National Obiective. Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG- CV investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on July l, 2021 and shall end on June 30, 2023, unless terminated earlier, in accordance with provisions of Paragraph 3.9 Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E-Cost Principles and Section 215.97(1)(d) Florida Statutes, the SUBRECIPIENT may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specific Agreement period. If the SUBRECIPIENT complies with all requirements set forth herin, this Agreement shall terminate June 30, 2023, whereupon all obligations of the SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its rights to recover any damages arising from or relating to the SUBRECIPIENT's breach of any of the Grant Documents, including but not limited to this Agreement and/or any attachments hereto which occurred in whole or in part before said termination. LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/8/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 6 16.D.7.a Packet Pg. 2088 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available THREE HUNDRED EIGHT THOUSAND THREE HUNDRED EIGHTY-TWO DOLLARS AND ZERO CENTS ($308,382.00) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed l O percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG-CV funds until funds are needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUB RECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. Ifno work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as work progresses but not more frequently than once per month. Reimbursement will not occm if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Sm.:ill Businesses Impacted by COV!D-19 Page 7 16.D.7.a Packet Pg. 2089 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 1.5 . COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpatt E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of the Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) 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 in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpa1t E-Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon the Developer, to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Either patty may change the address to which notices are to be sent by giving written notice of such change to the other party in the manner herein provided for giving notice. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Tracey Smith, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Tracey.Smith@colliercountyfl.gov Telephone: (239) 252-1428 SUB RECIPIENT ATTENTION: Jeff Ahren, Director of Development Legal Aid Service of Broward County, Inc, d/b/a Legal Aid Service of Collier County 4436 Tamiami Trail East Naples, Florida 34112 Email: jahren@legalaid.org Telephone: (239) 298-8130 LEGAL AID SERVICE OF BROWARD COUN1Y, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUN1Y CD·CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COV!D~19 Page8 16.D.7.a Packet Pg. 2090 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 2.1 AUDITS PART II GRANT CONTROL REQUIREMENTS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the repmt. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The SUBRECJPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.50 I. The determination of Federal Award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the COBO-CV Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by COBO-CV regulations. B. SUBRECIPIENT agrees to execute such further documents as may be required by law or prepared by the COUNTY to confirm SUBRECIPIENT's Agreement. C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. 0. SUBRECIPIENT shall, at any time upon request, make available to the COUNTY or CHS all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (OAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COlllER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page9 16.D.7.a Packet Pg. 2091 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested, In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334. However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of this Agreement, the COUNTY shall be informed, in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. The SUB RECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt or confidential public records that are exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox@colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. F. SUB RECIPIENT 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 other federal requirements for grant implementation. G. 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 SUBRECIPIENT's compliance. H. SUBRECIPIENT shall document how compliance with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has LEGAL AID SERVICE OF BROWARD COUNlY, INC. D/8/A LEGAL AID SERVICE OF CO LUER COUN1Y CD-CY21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COV!D-19 Page 10 16.D.7.a Packet Pg. 2092 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) been received were accomplished. These also include special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, mcome certification, and written agreements with beneficiaries, where applicable. I. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. COUNTY agrees that nothing in this Agreement shall be construed as requiring SUBRECIPIENT to give access to any personal identifying information, which is protected by Attorney-Client privilege or by the provisions of the Rules of Professional Conduct of the Rules Regulating the Florida Bar relating to an attorney's obligation to preserve the confidences or secrets of a client. J. Notwithstanding any provision in the Grant Documents to the contrary, the SUBRECIPIENT agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder or under any other Grant Document, or any inaccuracy therein or incompleteness thereof, shall nt in any way alter or affect the absolute and unconditional obligation of the SUBRECIPIENT to pay and perform, in full, the obligations set forth hereunder, but any action taken or not taken by the SUBRECIPIENT as direct result of such lack or delay of notice, or of the SUBRECIPIENT's good faith reliance upon a material inaccuracy therein or the material incompleteness thereof, as the case may be, shall not in and of itself, and to the extend thereof, constitute an Event of Default hereunder, so long as the SUBRECIPIENT does not otherwise have or receive notice or knowledge of the material contents or substance of such notice, or of the intended substance of any inaccurate or incomplete notice, as the case may be, and the SUBRECIPIENT acts, at all times, in good faith. 2,3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months ( or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review, SUBRECIPIENT agrees that CHS may carry out no less than one (I) annual on-site monitoring visit and evaluation activities, as determined necessaty. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. The SUBRECIPIENT LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/8/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 legal and Fiscal Support/Services for Small Businesses Impacted by COVlD-19 Page 11 16.D.7.a Packet Pg. 2093 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) shall allow CHS or HUD to monitor the SUB RECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards as stated with all other. applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CPR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUB RECIPIENT agrees to provide HUD, the HUD Office oflnspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who repotts a violation of the terms of this Agreement or any law or regulation to the COUNTY, or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: I. Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan to be submitted to CHS within 15 days following issuance of the report. LEGAL AIO SERVICE OF BROWARD COUNTY, INC. 0/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 12 16.D.7.a Packet Pg. 2094 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) • 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 SUB RECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration, as set fo1th in Resolution No. 2013-228. 3. If SUB RECIPIENT remains noncom pliant, or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require a po1tion of the awarded grant amount or the amount of the CD BG-CV investment for acquisition of the properties conveyed, be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENTwill be considered in violation of Resolution No. 2013- 228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate Agreement. The SUB RECIPIENT will be required to repay all funds 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. • SUBRECIPIENTwill be considered in violation of Resolution No. 2013-228. If the SUB RECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 13 16.D.7.a Packet Pg. 2095 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUB RECIPIENT agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Other repo,ting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank LEGAL AID SERVICE OF BROWARD COUNlY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNlY CD-CV21-O3 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID~19 Page 14 16.D.7.a Packet Pg. 2096 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted, with the exception of CPA services, without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3,2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that (I) the SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 570.604; (2) the SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of24 CFR Part 52; (3) the SUBRECIPIENT is required to follow the federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG-CV 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 Agreement. The SUBRECIPIENT fmther agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUB RECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUB RECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/8/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 15 16.D.7.a Packet Pg. 2097 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. No modification or waiver of any provision of the Grant Documents, nor consent to any departure by the SUBRECIPIENT therefrom shall in any event be effective unless the same is in writing, and such waiver or consent shall be effective only in the specific instance and for the purpose for which it is given. No failure or delay on the pat1 of the COUNTY in exercising any right, power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a single or pat1ial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. 3.5 AVAILABILITY OF FUNDS The patties acknowledge that the Funds originate from HUD COBO-CV grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG-CV funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, or the reduction of funds awarded by HUD to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECJPIENT all or any portion of the funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due to the COVID-19 public health emergency, and the proceeds of the Grant will not be loaned, granted, or assigned to any party and shall in no event be used for any prupose prohibited by the Grants Documents or Regulations. No Grant proceeds may be used for the purchase of property or construction of existing property. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legat and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 16 16.D.7.a Packet Pg. 2098 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue there- on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by the SUB RECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.8 SUSPENSION AND DEBARMENT 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 an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or 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, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. LEGALAlD SERVICE OF BROWARD COUNTY, INC. D/8/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV2l-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 17 16.D.7.a Packet Pg. 2099 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. SUBRECIPIENT's 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. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and the SUB RECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement, in whole or in part. B. Require the use of, or change in, professional property management. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG-CV funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. LEGAL AIO SERVICE OF BROWARD COUNlY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNlY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 18 16.D.7.a Packet Pg. 2100 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CD BG-CV funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.31 l and as otherwise provided at 24 CFR 570.503(b)(7). 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.3 l 0, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.3 l 8 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current pmchasing thresholds are: Federal Procurement Standards: Ran11:e: . Method/Comoetition Reauired $0 -$10,000 Micro-Purchase $10,001 -$250,000 Small Pmchase $250,001+ Sealed Biddino Collier County Procurement Standards Ranoe: Com netition Reo u ired $0 -$50,000 3 Written Quotes $50,001+ Formal Solicitation (1TB, RFP, etc.) LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 19 16.D.7.a Packet Pg. 2101 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) During the period of the Declared State of Emergency, emergency and exigent purchases will be permitted, following Federal Procurement standards, pursuant to 2 CFR 200.320, provided that SUBRECIPIENT submits sufficient documentation to support cost reasonableness. Acceptance of said documentation shall be at the COUNTY's sole discretion. If the Declared State of Emergency expires before December 30, 2020, SUBRECIPIENT shall ensure that non-emergency COUNTY procurement standares is used for purchases under this Agreement. Regardless of the state of emergency, any purchase in excess of 250,000 will be assessed using a price or cost analysis approved by CHS, prior to purchase. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200,323, SUBRECIPIENT shall procure items that contain the highest percentage of re.covered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix Il(J) and 2CFR 200.323. Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use ofCDBG- CV funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-CV eligible activities approved by COUNTY. Any Program Income (as such term is defined .under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CD BG-CV funds shall be repo1ted to the COUNTY through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.S0J(c) in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG-CV funds, the income shall be prorated to reflect the percentage of CD BG-CV funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's CDBG Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the expiration LEGALAIO SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICEOF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 20 16.D.7.a Packet Pg. 2102 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) of the Agreement. Activities during this closeout period shall include, but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between state and federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance ofunobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opp01tunities for training and employment. In addition, to the greatest extent feasible, 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 SUB RECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members 01· women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low-and moderate-income LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/8/A LEGAL AID SERVICE OF CO LUER COUNTY CD-CV21--03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 21 16.D.7.a Packet Pg. 2103 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) persons, or presumed to be low-to moderate-income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. 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 Agreement must reside in unincorporated Collier County or in municipalities pa1ticipating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action Program will need to be updated throughout the continued use period and must be submitted to the COUNTY within 30 days of any update/modification. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflict of interest shall be employed by or subcontracted by SUBRECIPIENT. The SUB RECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opp01tunity be provided for employment of and participation of low-and moderate- income residents of the project target area. LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD·CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 22 16.D.7.a Packet Pg. 2104 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 3.21 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required ce1tification. 3.22 RELIGIOUS ORGANIZATIONS COBO-CV funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion, and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion, and will not limit such services or give preference to persons based on 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 COBO-CV funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. 0. 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, COBO-CV 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 COBO-CV funds in this part. Sanctuaries, chapels, or other rooms that a COBO-CV funded religious congregation uses as its principal place of worship, however, are ineligible for COBO-CV funded improvements. 3.23 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.24 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. LEGAL AID SERVICE OF BROWARD COUNTY, INC. 0/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21--03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 23 16.D.7.a Packet Pg. 2105 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 3.25 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represents and warrants that the financial data, reports, and other information on the Project and the SUBRECIPIENT furnished to the COUNTY by the SUBRECIPIENT are accurate and complete, and as to financial disclosures, fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agrement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, stale, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the DIVISION. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD·CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 24 16.D.7.a Packet Pg. 2106 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended-All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.tpl 4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure. https:/ /www .ecfr. gov/ cgi-bin/text - idx?SID= I acdb92f3 b05c3f285dd7 6c26d 14 f54e&mc=true&node=pt24. l .5 8&rgn=div5 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of l 97 4 as amended https://www.hud.gov/program offices/comm planning/communitydevelopment/rulesandregs/Iaw s/sec5309 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC 777 l .PDF https://www.justice.gov/crt/fair-housing-act-I Executive Order 11063 -Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/ I 1063 .html Executive Order 11259 -Leadership & Coordination of Fair Housing in Federal Programs https ://www .archives. gov /federal-register/codification/executive-order/ 1225 9. htm I 24 CFR Part 107 -Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-I 07 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 4.6 24 CFR 570.601 Subpart K -The regulations issued pursuant to Executive Order 11063 which 4.7 4.8 prohibits discrimination and promotes equal oppo1tunity in housing. https:/ /www. gpo. gov /fdsys/pkg/CFR -2007 -ti tle24-vo 13/pd f/CFR-2007 -title24-vo 13-sec5 7 0- 602. pdf Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 113 75 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item #8 below Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC§ 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, staie that it is an Equal Opportunity or Affirmative Action employer. https://www.hud.gov/programdescription/title6 LEGAL AID SERVICE Of BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 25 16.D.7.a Packet Pg. 2107 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 4.9 24 CFR 75 -Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT ce1tifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. https :/ /www. h ud. gov /sites/ d fi les/FHEO/ docum ents/Section3 rule092 820. pdf The SUBRECIPIENT fu1ther agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low-and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are. given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low-and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement oflead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic oppo1tunities for low-and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low-and very low- income residents within the service area or the neighborhood in which the project is located, and to low-and very low-income paiticipants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.hud.gov/sites/dfiles/FHEO/documents/Section3rule092820.pdf LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COlllER COUNTY CD-CV21~03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 26 16.D.7.a Packet Pg. 2108 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 4.10 Age Discrimination Act of 1975, Executive Order l l063, and Executive Order 11246 as amended by Executive Orders 11375, I 1478, 12107 and 12086. Age Discrimination Act of 1975 https:/ /www. law. come I I. edu/uscode/text/ 4 2/ chapter-7 6 11246: https://www.dol.gov/ofccp/regs/statutes/eo 11246.htm 11375: Amended by EO 11478 114 78: https://www.archives.gov/federal-register/codification/executive-order/114 78.html 121 07: https:/ /www.archives.gov/federal-register/codification/executive-order/l 21 07 .html l 20 86: https :/ /www.archives.gov/federal-register/ cod ification/executive-order/1208 6 .htm I 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe0 l .pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpati K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 40 IO must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house. gov/view.xhtm l?req=granu leid: USC-l 999-title40-section276a- 7 &num=0&edition= l 999 29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https:/ /www. law. come!!. edu/cfr/text/29/part -3 29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www. law .come 11. ed u/c fr/text/29/part -5 Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENTagrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or LEGAL AID SERVICE OF BROWARD COUN1Y, INC. D/8/A LEGAL AID SERVICE OF COLLIER COUN1Y CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 27 16.D.7.a Packet Pg. 2109 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-titlel 8/pdf/USCODE-20 I 0- titlel 8.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?reg=granuleid:USC-l 999-title40- section276c&num=0&edition-! 999 4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal register/cod ification/executive-order/11625 .html 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section I 09 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa99 I ffi4 l I fJ83b74003bcb I &mc=true&node=pt24.3.570&rgn=div5#se24.3.5 70 1607 E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430 -the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 4.20 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpJ-/ecfrbrowse/Title02/2cfr200 main 02.tpl 4.21 2 CFR 200.216 -Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: I) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.22 Immigration Reform and Control Act of 1986 https:/ /www.eeoc.gov/eeoc/history/3 5th/the law /irca. him I 4.23 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/8/A LEGAL AlD SERVICE OF COLLIER COUNTY CD~CV21--03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 28 16.D.7.a Packet Pg. 2110 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) COUNTY employee, as set forth in Chapter 112, Pait III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.colliergov.net/home/showdocument?id=35 l 3 7 4.24 Order of Precedence -In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.25 Venue-Any suit of action brought by either pa1ty to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.26 Dispute Resolution -Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the pa1ties shall make a good faith effo1t to resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the pa1ties 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 cou1t order requiring mediation under§ 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.27 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 20 I 0-title42/html/USCODE-20 I 0-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-20 l l-title33/pdf/USCODE-20 l l-title33- chap26.pdf https :/ /www. law. corn ell .ed u/uscode/text/3 3/ chapter-26 LEGAL AID SERVICE OF BROWARD COUNT'/, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNT'/ CD-CV21-03 legal and Fiscal Support/Services for Small Businesses Impacted by COVlD-19 Page 29 16.D.7.a Packet Pg. 2111 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 ( 42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https:/ /www. law. corn el 1.edu/cfr/text/24/5 7 0. 60 5 4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vo13-sec570-608-id 163 4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (l 6 U.S.C. 470) and the procedures set forth in 36 CFR Pati 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Propetiies, insofar as they apply to the performance of this Agreement. https:/ /www.nps.gov/h istory/local-la w /nh pal 966.htm https:/ /www.achp.gov/s i tes/ defau lt/fi les/regu lations/20 1 7-02/regs-rev04. pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or Local historic property list. https://www. n ps. gov /h istory/l ocal-law/nhpa 1966. htm 4.31 The SUBRECIPIENT must ce1iify that it will provide drug-free workplaces, in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule/USCODE-2009-title4 l /USCODE-2009-title4 l-chap 1 O- sec701 4.32 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https:/ /www .archives. gov /federal-register/codification/executive-order/ 12549 .htm I 4.33 The SUB RECIPIENT agrees to comply with the following 0MB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.34 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The LEGAL AID SERVICE OF BROWARD COUNTY, INC. 0/8/A LEGAL AID SERVICE OF COLLIER COUNTY CO-CV21-03 legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 30 16.D.7.a Packet Pg. 2112 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt ofan audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https://www.ecfr.gov/cgi-b in/text - idx?SID=5a78addefff9a53 5e83fed30103 08aef&mc=true&node=se2. 1.200 l 344&rgn=div8 4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of COBO including, but not limited to, the provisions on use and disposition of property. Any real prope11y within SUBRECIPIENT control, which is acquired or improved, in whole or part, with COBO funds in excess of $25,000, must adhere to the COBO Regulations at 24 CFR 570.505. https://www.gpo.gov/fdsys/granule/CFR-l 999-title49-vol l/CFR-l 999-title49-vol l-sec24-l O 1 https ://www. gov info. gov/ app/details/CFR -20 12-titl e24-vo 13/CFR -20 l 2-title24-vo 13-sec 5 7 0-5 0 5 4.36 As provided in§ 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by§ 287.133 (3) (a), Florida Statutes. http://www. leg.state.fl. us/Statutes/index.cfm? App mode=Display Statute&Search String=&UR L=0200-0299/0287 /Sections/0287 .133 .html 4.37 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall -complete and submit Standard Form-LLL, "Disclosure Form to Repo1t Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legat and Flscal Support/Services for Small Businesses Impacted by COVID-19 Page 31 16.D.7.a Packet Pg. 2113 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 4,38 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https:/ /www. gsa. gov /portal/ con tent/1 04 877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5 .106. https://www.govregs.com/regulations/expand/title24 pait5 subpartA section5. l 06 4.40 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 170 Ix, per 24 CFR 5, 111. https:/ /www. ecfr. gov/ cgi-b in/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node-24:2. l. 1.2. l 0.4&rgn=div6 https://www.law.cornell.edu/cfr/text/24/5.1 l l 4.41 HUD Final Rule -Implementation of the Violence Against Women Reauthorization Act of2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-o f-20 13-implementation-in-h ud-housin g-programs 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448,095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January l, 2021. Eligibility determination is not required for continuing employees hired prior to January l, 2021. http://www.leg.state.fl.us/statutes/index.cfin? App mode= Display Statute&URL=0400- 0499/0448/0448 ,html 4.44 Florida Statutes 713.20, Part l, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm? App mode-Display Statute&URL -0700- 0799/0713/0713 .html 4.45 Florida Statutes 119.021 Records Retention http://www.leg.state. fl. us/Statutes/index,cfm? App mode=Display Statute&URL=O 1 00- 0199/0119/Sections/O 119.02 I.html 4.46 Florida Statutes, 119.071, Contracts and Public Records http://www. leg.state.fl. us/Statutes/index,cfm? App mode=Display Statute&URL=O 1 00- 0199/0119/Sections/O 119.07 l.html LEGAL AID SERVICE Of BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE Of COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID ➔19 Page 32 16.D.7.a Packet Pg. 2114 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 4.47 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.50 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENTwill not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization 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 ofa member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to suppmt or defeat any legislation pending before local, state, or federal legislatures. 4.51 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.52 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used foi· any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be LEGAL AID SERVICE OF BROWARD COUNT<, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY legal and Flscal Support/Services for Small Businesses tlllpacted by COVID-19 Page 33 16.D.7.a Packet Pg. 2115 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) utilized in suppo1t of any paitisan political activities or activities for or against the election of a candidate for an elected office. 4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October I, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.54 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pe1taining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https:/ /o jp. gov /funding/Exp lore/Prohi bitedConduct -Trafficking. h tm. 4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval ofOJP. 4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of37 CFR Part 401, "Rights ot Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. https://www.ecfr.gov/ c gi- b in/retrieveECFR? gp=&SI D=a004 b6bf20934ace 7 a 717 de 7 61 dc64c0&mc=true&n=pt37. I .40 I &r =PART&ty=HTML (Signature Page to Follow) LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/8/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 legal and Fiscal Support/Services for Small Businesses Impacted by COVlD-19 Page 34 16.D.7.a Packet Pg. 2116 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and sea ls 011 the date first written above. BOARD OF COUNTY COMMISSIONERS OF COLLIER OU Y, FLORIDA Date: -------"-----7 \~\ 3_( l_( _ LEGAL AID SERVICE OF BROWARD COUNTY, iNC. D/B/A LEGAL AID SERVICE OF COLLIER COUN , ., UTIVE DIRECTOR Date: +¢/ Date: __ 7~\ I_~__._\ 2-_I _ LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD,CV21--03 legal an d Fiscal Support/S ervices for Small Businesses Impacted by COVID-19 Page 3S 16.D.7.a Packet Pg. 2117 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) PARTY EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, 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 oflnsurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occmrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. 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 construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBREClPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 ( 42 U.S.C.4001 ), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 36 16.D.7.a Packet Pg. 2118 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. I 0. Prope1ty Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (I 00%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.l.M.A. LEGAL AIO SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COV!D-19 Page 37 16.D.7.a Packet Pg. 2119 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) EXHIBITB COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Legal Aid Service of Broward County, Inc, d/b/a Legal Aid Service of Collier County SUBRECJPIENT Address: 4436 Tamiami Trail East, Naples, FL 34112 Project Name: Legal, Financial and Accounting Support/Services for Small Businesses Impacted by COVID-19. Project No: CD-CV2 l-03 Payment Request# Total Payment Minus Retainage Period of Availability: 07/01/2021 through 06/30/2023 Period for which the Agency has incurred the indebtedness SECTION II: STATUS OF FUNDS through Subrecipient I. Grant Amount A warded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net ofRetainage, if $ $ annlicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request) (includes Retainage) CHS Approved I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best ofmy knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $ I 5,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Page 38 16.D.7.a Packet Pg. 2120 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (!DIS). 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 (I 0) days of the end of each calendar quarter. At COUNTY's discretion, SUB RECIPIENT may be required to enter the information collected on this exhibit into an on line grant management system . . Subrec.ipient Name: Legal Aid Service of Broward Date: Countv, Inc., d/b/a Leoal Aid Service of Collier County Project Title: Legal, Financial and Accounting IDIS.#: Support/Services for Small Businesses Impacted by COVID-19 Prooram Contact: Telephone Number: Activitv Renortino Period Reoort Due Date October I" -December 3 I" Januarv I 0 th Januarv I" -March 3 I st Anril 10th Anril I st -June 30th Julv 10 th Julv I" -Sentember 30th October I 0th REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/3 l/2 I 3/31/22 6/30/22 9/30/2 I Please note: The HUD Program year begins July I, 2021-June 30, 2023. Each quarterly report must include cumulative data beoinnino from the start of the program year July I, 2021. I. Please list the outcome goal(s) from your approved application and SUB RECIPIENT Agreement and indicate your nrogress in meeting those goals since Julv I, 2021. a. Outcome Goals: list the outcome goal(s) from your annroved aMlication and SUBRECIPIENT Agreement Outcome I: Provide free legal, financial and accounting services to small businesses or non-profits impacted by COVID-19. Outcome 2: Create or retain at least I 5 FTE Low-to-Moderate (LMJ) income jobs to be held for a period of I-year to meet the National Obiective. Outcome 3: b. Goal Progress: Indicate the orogress to date in meeting each outcome ooal. Outcome I: Number ofunduplicated small businesses or non-profts who received free legal, financial and accountin(! services this qua1ter. Outcome 2: LMJ number of iobs created or retained. Outcome 3: 2. Is this nroiect still in comoliance with the original proiect schedule: Yes D No 0 If No, Exnlain: 3. Since October I, 2021; of the persons assisted, how many ... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ... now have new access /continuino) to this service or benefit? b. . .. now have improved access to this service or benefit? C. ...now receive a service or benefit that is no lonoer substandard? Total I 4. What funding sources did the SUB RECIPIENT aonly for this period? Section I 08 Loan Guarantee I$ CDBG-CV 1$ Other Consolidated Plan Funds I$ HOME 1$ LEGAL AIP SERVICE OF BROWARD COUNTY, INC. D/B/A LEGALAIP SERVICE OF COLLIER COUNTY CD-CV21-03 legal and Fiscal Support/Services for Small Businesses Impacted by COV!D-19 Page 39 . 0 0 0 0 16.D.7.a Packet Pg. 2121 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ Funds 5. What is the total number ofUNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or Sb; 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 ofoersons in the household. a. Total No. Persons/Adults served (LMC) 0 Total No. persons served under 18 0 (LMC\ Ouatter 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 0 (LMH\ 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/ethnicitv and income data are renorted bv nersons. a. Total No. Persons/Adults served (LMC) 0 Total No. Persons served under 18 0 (LMC\ YTDTotal: 0 YTDTotal 0 b. Total No. Households served /LMH) 0 Total No. female head of household (LMH) 0 YTD Total 0 YTDTotal 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 17. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY /LMC\ Ouarter /LMC\YTD Indicate the total number of UN DUPLICATED persons Indicate the total number of UN DUPLICATED served this qumter who fall into each presumed benefit persons served since October I who fall into each catego1y (the total should equal the total in question #6a presumed benefit category (the total should equal the or 6b): total in nuestion #6a or 6bl: a Presumed Benefit Activities On! (LMC) OTR b Presumed Benefit Activities Onlv (LMC) YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Fa1111 Workers LI Workers 0 Battered LI 0 Battered Spouses LI Snouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI 01· MOD 0 Illiterate Adults LI 0 llliterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total 8. Other Beneficiar LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/8/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 legal and Fiscal Support/Sel\lices for Small Businesses Impacted by COVID-19 Page 40 16.D.7.a Packet Pg. 2122 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) Indicate the total number ofUNDUPLICATED persons Indicate the total number ofUNDUPLICATED served this Quarter who fall into each income category persons served since October I (YTD) who fall into (the total should equal the total in question #6): each income category (the total should equal the total in auestion #6): a ELI Extremely Low Income (0~30%) 0 b ELI Extremely Low 0 Income rD-30%) LI Low Income (31-50%) 0 LI Low [ncome 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income 0 (51-80%) NON-LIM Above Moderate Income (>80%) 0 NON-LIM Above Moderate 0 Income (>80%) Quarter Total 0 YTD Total 0 I 9. Is this project in a Low/Mod Area (LMA)? YES I I NO I Was project completed this qua1ter? YES f I NO I Jfyes, complete all of this section 9. Date project completed Block Group Census Tract Tota! Beneficiaries Low/Mod Low/Mod Percentage Beneficiaries 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., . Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial & Ethnic Data lifannlicablel Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October (YTD) fall into each race category. In categ01y. In addition to each race category, please addition to each race categ01y please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should enual the total in nuestion 6.) nuestion 6.) a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /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 0 0 Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African American & White 0 0 Black/African American & 0 0 White American Indian/Alaska Native & 0 0 American Indian/Alaska 0 0 Black/African American Native & Black/African American Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: ________________ _ Signature: _______________ _ Title: --------------~ Your typed name here represents your electronic signature LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/8/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21--03 Legal and Fiscal Support/Seivices for Small Businesses Impacted by COVID-19 Page 41 16.D.7.a Packet Pg. 2123 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) EXHIBITD INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CD BG-CV assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: ________ _ A. Household Information Member Names -All Household Members Relationship I 2 3 4 5 6 7 . 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value I 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets Bib) If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B/c) LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 Age Income from Assets 0.00 Page 42 16.D.7.a Packet Pg. 2124 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) C. Anticipated Annual Income: Includes Unearned Income and Suppoti Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses, and greater of overtime\ box B(b) or I box B(c), 2 above, in 3 box C(e) 4 below) 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). 0.00 This amount is the Annual Anticinated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set f01ih in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief, and are given under penalty ofpe1jury. WARNING: Florida Statutes 8 I 7 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under Section 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co-Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) LEGAL AID SERVICE OF BROWARD COUNTY, INC. 0/0/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 legal and Fiscal Support/Services for Small Businesses Impacted by COV!D-19 Date Date Date Date Page 43 16.D.7.a Packet Pg. 2125 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) E. CDBG-CV Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Ce1tification is/are eligible under the provisions of the CDBG-CV Program. The family or individual(s) constitute(s) a: D Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/S0 th of the Very Low Income (60 percent ofVLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $. _____ ..J D Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Depaitment of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ _____ __, D Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ _____ __, Based on the. ________ (year) income limits for the Naples-Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CD BG-CV Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons Bv Race/ Ethnicity B Age American Native Other Indian Asian Black Hawaiian or White 0-25 26-40 41 --61 Other Pac. Islander Hispanic Non- Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiwy is required to give such information, and refi1sal to give such information will not affect any right he or she has to the CD BG-CV program. LEGAL AID SERVICE OF BROWARD COUNTY, !NC. D/B/A LEGAL AID SERVICE OF CO LUER COUNTY CD·CV2Hl3 62+ Legal and Fiscal Support/Seivices for Small Businesses Impacted by COVID-19 Page 44 16.D.7.a Packet Pg. 2126 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) EXHIBITE ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. This form may be used to monitor Florida Single Audit Act /Statute 215.97) re, uirements. Subrecipient Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County Name First Date of Fiscal Year IMM/DDNYl Last Date of Fiscal Year (MM/DD/YYl 01/01/2021 12/31/2021 Total Federal Financial Assistance Expended Total State Financial Assistance Expended during durini:i most recently comoleted Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been □ met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be orovided within 30 days of comoletion. B. We are not subject to the requirements of 0MB 2 CFR Part 200, Subpart F because we: D Did not exceed the expenditure threshold for the fiscal year indicated above □ D Are a for-profit organization D Are exempt for other reasons -explain An audited financial statement is attached and if applicable, the independent auditor's manaaement 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. imolemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title I LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/8/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 06/18 Page 45 16.D.7.a Packet Pg. 2127 Attachment: AGRMT Legal Aid CDBG CV (27203 : Legal Aid CDBG-CV First Amendment) 16.D.7.b Packet Pg. 2128 Attachment: Legal Aid Service - CDBG CV Extension Approval letter to 09-30-2023 (27203 : Legal Aid CDBG-CV First Amendment) 16.D.7.c Packet Pg. 2129 Attachment: Legal Aid Services - CDBG CV Extension Approval letter 12-27-2023 (27203 : Legal Aid CDBG-CV First Amendment) QB\84612706.2 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Page 1 FAIN # B-20-UW-12-0016 Federal Award Date 09/22/2020 Federal Award Agency HUD CFDA Name Community Development Block Grant-CV CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $308,382.00 Subrecipient Name Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Service of Collier County DUNS# UEI# 844481478 X6RGPC2DL1X5 FEIN 59-1547191 R&D NA Indirect Cost Rate NA Period of Performance 07/01/2021 – 06/30/2023 12/31/2023 Fiscal Year End 12/31 Monitor End: 12/31/2024 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CDBG-CV Services This AMENDMENT is made and entered into as of this ____ day of _____________ 2023, by and between Collier County, a political subdivision of the State of Florida (COUNTY) having its principal address at 3339 E Tamiami Trail, Suite 211, Naples, FL 34112 and Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Service of Collier County (SUBRECIPIENT), a private non-profit organization having its principal office at 4436 Tamiami Trail East, Naples, FL 34112. RECITALS WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant (the “Grant”) for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended), codified as 42 USC 5301 et. se. and subject to 24 CFR Part 570; and WHEREAS, the Board of County Commissioners of Collier County (Board) approved the Collier County Consolidated Plan - One-year Action Plan for Federal Fiscal Year 2019-2020 for the CDBG Program on June 25, 2019 - Agenda Item 16.D.2; and CAO DocuSign Envelope ID: 4C9D2065-51D4-445D-AE6B-C2358C3528C0 16.D.7.d Packet Pg. 2130 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) QB\84612706.2 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Page 2 WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2019 – 2020 Annual Action Plan, on April 21, 2020, with a 5-day Citizen Comment period from April 21, 2020 to April 26, 2020; and WHEREAS, on May 12, 2020, Agenda Item 16.F.l(f) the Board ratified the County Manager's action to amend the 2019-2020 One-Year Action Plan to recognize CDBG COVID-19 funding. On November 10, 2020, Agenda item 16.D.8, the Board approved another substantial amendment recognizing further CDBG COVID-19 funding, bringing the total amount to $4,232,728 respectively; and WHEREAS, on July 13, 2021, Agenda Item 16.D.8, the COUNTY entered into an Agreement with Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Service of Collier County to further undertake the responsibilities and obligations of the Community Development Block Grant (CDBG) - CV Program (the “Agreement”); and WHEREAS, on June 6, 2023, the County Manager signed the request for extension of the term of the Agreement to September 30, 2023; and WHEREAS, the Agreement used the LMJ National Objective (as defined in the Agreement); and WHEREAS, the COUNTY, at the behest of HUD, has requested to change the National Objective from LMJ to LMC, as each is defined in the Agreement; and WHEREAS, the “persons served,” as defined under the LMC category is referring to the workers filling the FTE jobs created using funds granted under this Agreement and not the clientele served by SUBRECIPIENT in general; and WHEREAS, the parties agree that while the change of National Objectives may apply retroactively in the Agreement pursuant to this Amendment, COUNTY acknowledges that this change is strictly administrative in nature and SUBRECIPIENT’s past reliance on the LMJ National Objective instead of the LMC National Objective as originally agreed shall not constitute a breach of this Agreement or a failure to administer the grant properly; and WHEREAS, the parties wish to amend the Agreement by revising the period of performance, revising prospective project component language, redistribute funds between project components, remove the Section 3 policy requirement and revise the National Objective language as it pertains to Low-to-Moderate income persons on the Exhibit C Quarterly Performance Report; and NOW, THEREFORE, in consideration of the covenants and agreements contained herein, and for other good and valuable consideration, the Parties hereby agree that the Recitals, as set forth above, are incorporated herein and made a part of the Agreement. The Parties further agree that the COUNTY will provide the remaining, unexpended funds of the Grant to SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and agreements herein set forth: the parties hereto agree to amend the Agreement as set forth below. CAO DocuSign Envelope ID: 4C9D2065-51D4-445D-AE6B-C2358C3528C0 16.D.7.d Packet Pg. 2131 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) QB\84612706.2 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Page 3 Words Struck Through are deleted; Words Underlined are added. * * * PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG-CV assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Legal, Financial and Accounting Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic. Description of project and outcome: Provide funding to cover CPA services, salary, payroll taxes, and fringe benefits of legal staff. The program will provide legal, financial and accounting services to small businesses and non-profit organizations that have been impacted by the COVID-19 2020 Pandemic. Project Component One: Staffing – Salary, payroll taxes and fringe benefits for one (1) Full Time Equivalent (FTE) Attorney and one (1) Full Time Equivalent (FTE) Paralegal – A FTE equivalent may be more than 1 employee with time equating to 40 hours per week. Project Component Two: Subcontracted CPA services - including but not limited to all software & subscription costs and/or supplies necessary to support small businesses or nonprofits. * * * 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver, to CHS for approval, a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: Affirmative Fair Housing Policy Affirmative Action/ Equal Opportunity Policy Conflict of Interest Policy Procurement Policy Uniform Relocation Act Policy Sexual Harassment Policy Section 3 Policy CAO DocuSign Envelope ID: 4C9D2065-51D4-445D-AE6B-C2358C3528C0 16.D.7.d Packet Pg. 2132 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) QB\84612706.2 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Page 4 Section 504/ADA Policy Fraud, Waste, and Abuse Policy Limited English Proficiency Policy (LEP) Violence Against Women Act (VAWA) Policy LGBTQ Policy * * * 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Staffing – Salary, payroll taxes and fringe benefits for one (1) Full Time Equivalent (FTE) Attorney and one (1) Full Time Equivalent (FTE) Paralegal – A FTE equivalent may be more than 1 employee with time equating to 40 hours per week. $244,625.00 $240,195.50 Project Component 2: Subcontracted CPA services - including but not limited to all software & subscription costs and/or supplies necessary to support small businesses or nonprofits. $ 63,757.00 $68,186.50 Total Federal Funds: $308,382.00 The SUBRECIPIENT will accomplish the following checked project tasks: Pay all closing costs related to property conveyance Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation Maintain and provide National Objective Documentation Provide Quarterly Reports on National Objective and project progress Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP) Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation Identify Lead Project Manager Provide Site Design and Specifications Comply with Davis-Bacon Labor Standards Comply with Section 3 and maintain documentation Provide certified payroll weekly throughout construction and rehabilitation Comply with Uniform Relocation Act (URA), if necessary Ensure applicable numbers of units are Section 504/ADA accessible Ensure the applicable continued use period for the project is met CAO DocuSign Envelope ID: 4C9D2065-51D4-445D-AE6B-C2358C3528C0 16.D.7.d Packet Pg. 2133 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) QB\84612706.2 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Page 5 B. National Objective The CDBG-CV program funds awarded to Collier County must benefit low- to moderate-income persons (LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: LMA – Low/Mod Area Benefit LMC – Low/Mod Clientele Benefit LMH – Low/Mod Housing Benefit LMJ – Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG-CV investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate-income persons or households, in order to meet a CDBG-CV National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG-CV investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG-CV investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 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 Agreement will require repayment of the CDBG-CV investment under this Agreement. * * * D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Staffing – Salary, payroll taxes and fringe benefits for one (1) Full Time Equivalent (FTE) Attorney and one (1) Full Time Equivalent (FTE) Paralegal (both 100%) – A FTE equivalent may be more than 1 employee with time equating to 40 hours per week. Submission of monthly invoices and backup as evidenced by invoices/ timesheets/payroll registers/banking documents/cancelled checks, staff resumes, documentation of payroll taxes and fringe benefits, Exhibit B and any additional documentation as requested. 10% retainage ($24,462.50) released upon final monitoring clearance and meeting the National Objective. Monthly submission within 30 days of the prior month. Project Component 2: Subcontracted CPA services. Submission of supporting documents must be provided as backup, as evidenced by a subcontract agreement (copy Monthly submission within 30 days of the prior month. CAO DocuSign Envelope ID: 4C9D2065-51D4-445D-AE6B-C2358C3528C0 16.D.7.d Packet Pg. 2134 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) QB\84612706.2 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Page 6 Including but not limited to all software costs and/or supplies necessary to support small businesses. included in the first pay request), invoices which document the client listing and hours of service provided, proof of reimbursement via check stubs, credit card statements, bank statements and any other additional documentation as requested. 10% retainage ($6,375.70) released upon final monitoring clearance and meeting the National Objective. * * * 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on July 1, 2021 and shall end on June 30, 2023 December 31, 2023, unless terminated earlier, in accordance with provisions of Paragraph 3.9 Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E-Cost Principles and Section 215.97(1)(d) Florida Statutes, the SUBRECIPIENT may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specific Agreement period. If the SUBRECIPIENT complies with all requirements set forth herein, this Agreement shall terminate June 30, 2023 December 31, 2023, whereupon all obligations of the SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its rights to recover any damages arising from or relating to the SUBRECIPIENT’s breach of any of the Grant Documents, including but not limited to this Agreement and/or any attachments hereto which occurred in whole or in part before said termination. * * * PART II GRANT CONTROL REQUIREMENTS 2.2 RECORDS AND DOCUMENTATION IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox@colliercountyfl.gov 239-252- 2679, Michael.Brownlee@colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. CAO DocuSign Envelope ID: 4C9D2065-51D4-445D-AE6B-C2358C3528C0 16.D.7.d Packet Pg. 2135 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) QB\84612706.2 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Page 7 IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively, by authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK ______________________________ , Deputy Clerk Dated:_________________________ (SEAL) AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ___________________________________ RICK LOCASTRO, CHAIRMAN Date: _____________________________ AS TO SUBRECIPIENT: LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY By:____________________________________ BRENT THOMPSON, ESQ, EXECUTIVE DIRECTOR Date:________________________________ WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name Approved as to form and legality: ____________________________________ Derek D. Perry Assistant County Attorney Date:________________________________ CAO11/7/2023DocuSign Envelope ID: 4C9D2065-51D4-445D-AE6B-C2358C3528C0 11/8/2023 16.D.7.d Packet Pg. 2136 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) QB\84612706.2 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Page 8 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County SUBRECIPIENT Address: 4436 Tamiami Trail East, Naples, FL 34112 Project Name: Legal, Financial and Accounting Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Project No: CD-CV21-03 Payment Request # Total Payment Minus Retainage Period of Availability: 07/01/2021 through 06/30/2023 12/31/2023 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today’s Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor (Approval required $15,000 and above) Division Director (Approval Required $15,000 and above) CAO DocuSign Envelope ID: 4C9D2065-51D4-445D-AE6B-C2358C3528C0 16.D.7.d Packet Pg. 2137 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) QB\84612706.2 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Page 9 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). 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. Subrecipient Name: Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Service of Collier County Date: Project Title: Legal, Financial and Accounting Support/Service for Small Businesses Impacted by COVID-19 the 2020 Pandemic IDIS #: Program Contact: Telephone Number: Activity Reporting Period Report Due Date October 1st – December 31st January 10th January 1st – March 31st April 10th April 1st – June 30th July 10th July 1st – September 30th October 10th REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/20XX 3/31/20XX 6/30/20XX 9/30/20XX Please note: The HUD Program year begins July 1– June 30. Each quarterly report must include cumulative data beginning from the start of the program year July 1, 2021. 1. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since July 1, 2021. a. Outcome Goals: list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Provide free legal, financial and accounting services to small businesses or non-profits impacted by COVID-19. Outcome 2: Create or retain at least 15 FTE Low-to-Moderate (LMJ) income jobs for Low-to-Moderate persons to be retained for 1 year from date of hire for new employees or 1 year from the date of engagement between the Subrecipient and the employer for existing employees to meet the National Objective. held for a period of 1-year to meet the National Objective. The National Objective may be met after the end of the period of performance. (If an individual vacates the position, the newly hired replacement will complete the remainder of the 1 year period). Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Number of unduplicated small businesses or non-profits who received free legal, financial and accounting services this quarter. Outcome 2: LMJ number of jobs created or retained for Low-to-Moderate persons. Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes No If No, Explain: 3. Since October July 1, 2021; 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 CAO DocuSign Envelope ID: 4C9D2065-51D4-445D-AE6B-C2358C3528C0 16.D.7.d Packet Pg. 2138 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) QB\84612706.2 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Page 10 c. …now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG-CV $ 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 (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October July 1, 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) 0 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 only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: (LMC) Quarter PRESUMED BENEFICIARY DATA ONLY (LMC) YTD Indicate the total number of UNDUPLICATED persons served this quarter who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served since October July 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): a Presumed Benefit Activities Only (LMC) QTR b Presumed Benefit Activities Only (LMC) YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI CAO DocuSign Envelope ID: 4C9D2065-51D4-445D-AE6B-C2358C3528C0 16.D.7.d Packet Pg. 2139 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) QB\84612706.2 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Page 11 Disabled Adults 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range 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 question #6): Indicate the total number of UNDUPLICATED persons served since October July 1 (YTD) who fall into each income category (the total should equal the total in question #6): a ELI 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. Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO If yes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. 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 July 1 (YTD) fall into each race category. In addition to each race category please indicate how many persons in each race category consider themselves Hispanic. (Total Race column should equal the total 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 Hawaiian/Other 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 0 Other Multi-racial 0 0 0 0 0 0 CAO DocuSign Envelope ID: 4C9D2065-51D4-445D-AE6B-C2358C3528C0 16.D.7.d Packet Pg. 2140 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) QB\84612706.2 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CD-CV21-03 Legal and Fiscal Support/Services for Small Businesses Impacted by COVID-19 the 2020 Pandemic Page 12 Name: Signature: Title: Your typed name here represents your electronic signature CAO DocuSign Envelope ID: 4C9D2065-51D4-445D-AE6B-C2358C3528C0 16.D.7.d Packet Pg. 2141 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) Certificate Of Completion Envelope Id: 4C9D206551D4445DAE6BC2358C3528C0 Status: Completed Subject: Complete with DocuSign: Legal Aid County Amendment - DDP.pdf Source Envelope: Document Pages: 12 Signatures: 1 Envelope Originator: Certificate Pages: 5 Initials: 0 Lorijane Graham AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 411 E. 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Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 9/16/2020 1:58:31 PM Parties agreed to: Brent Thompson 16.D.7.d Packet Pg. 2144 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Quarles & Brady LLP: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: daniel.miller@quarles.com To advise Quarles & Brady LLP of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at daniel.miller@quarles.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Quarles & Brady LLP To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to daniel.miller@quarles.com and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Quarles & Brady LLP To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: 16.D.7.d Packet Pg. 2145 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment) i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to daniel.miller@quarles.com and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify Quarles & Brady LLP as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Quarles & Brady LLP during the course of your relationship with Quarles & Brady LLP. 16.D.7.d Packet Pg. 2146 Attachment: Legal Aid first amendment signed by subrecipient (27203 : Legal Aid CDBG-CV First Amendment)