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Backup Documents 01/14/2014 Item #16D 8 1608 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#I through#4,complete the checklist,and forward to Sue Filson(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Rosa Munoz,Grant Coordinator Housing,Human,Veterans Services RM 01/14/14 Department 2. Jennifer A.Belpedio,ACA Office located within Housing,Human, Veterans Services Department \�5\\' 3. County Attorney's Office County Attorney's Office 11 ```-\` `(--\ 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office A k/A-\lt PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Rosa Munoz, rant Coordinator Phone Number 239-252-571 Contact Agenda Date Item was 01/14/14 Agenda Item Number 16.D.8 Approved by the BCC Type of Document Subrecipient Agreement -Goodwill Number of Original 2 originals ✓ Attached Industries of Southwest Florida Documents Attached INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is appropriate. Yes N/A(Not (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the RM ✓ Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances,resolutions,etc.signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and N/A 1 all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or RM the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and RM I/ initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be RM provided to the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 01/14/14_and all changes made during the I' meeting have been incorporated in the attached document. The County Attorney's Office h:. ` reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 «matter_number»/«document_number» 16081 1 MEMORANDUM Date: January 21, 2014 To: Rosa Munoz, Grants Coordinator Housing, Human & Veteran Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement between Collier County & Goodwill Industries of Southwest Florida, Inc. Attached are one (1) original of the document referenced above, (Agenda Item #16D8) approved by the Board of County Commissioners on Tuesday, January 14, 2014. An original has been kept in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 160 81 Grant# - B-13-UC-12-0016 CFDA/CSFA# - 14.218 Subrecipient—Goodwill Industries of Southwest Florida, Inc. IDIS#453 DUNS # - 152823662 FETI# - 59-6196141 FY End 12/31 Monitoring Deadline 01/2016 AGREEMENT BETWEEN COLLIER COUNTY AND GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. THIS AGREEMENT is made and entered into this 1444' day of a r , 2014, by and between Collier County, a political subdivision of the State of Florida, ("COIN Y" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Goodwill Industries of Southwest Florida, Inc.", a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 5100 Tice Street, Fort Myers, FL 33905. WHEREAS, the COUNTY is the recipient of Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston-Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One-Year Action Plan for Federal Fiscal Year the FY2013-2014 HUD Annual Action Plan at the August 13, 2013 absentia meeting, ratified at the September 10, 2013 Board of County Commissioners meeting; and WHEREAS, HUD has approved the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment for this project on December 13, 2013 with a 30-day citizen comment period from December 13 , 2013 through January 13, 2014; and NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS),perform the tasks necessary to conduct the program as follows: The FY2013-2014 Action Plan identified and approved the project to Goodwill Industries as follows: Goodwill Industries of SW Florida,Inc. (CD 13-08) Micro Enterprise Assistance Page 1 of 31 GP 160 8 la Project Component One: Funding costs will include but not limited to the following expenses: Micro-Enterprise Program that will consist of three (3) sessions-2 classes each week for six (6) weeks totaling 12 classes. Project Component Two: Funding costs will include but not limited to the following expenses: Salaries, consultant (facilitators, coaches, or mentors), and operating costs (supplies for sessions, advertising, and travel costs). Items identified for funding are outlined in the budget in Section III. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 National Objectives • CDBG recipients are responsible for assuring that each eligible activity meets one of three national objectives (§ 570.208): 1. Low Mod Income benefit(LMI) 2. Elimination of Slum and Blight 3. Urgent Need Activities in LMI neighborhoods may qualify under the criterion for the LMI area benefit National Objective if they provide a service to that neighborhood; or Activities benefiting severely deteriorated areas may qualify under the Slums/Blight Area National Objective if the area meets the CDBG requirements. II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of January, 2014 and end on the 13th day of January, 2015. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available FIFTY TWO THOUSAND FIVE HUNDRED AND EIGHTY SEVEN DOLLARS AND EIGHTY CENTS ($52,587.80) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). The budget identified for the Micro-Enterprise Project shall be as follows: Goodwill Industries of SW Florida, Inc. (CD13-08) Micro Enterprise Assistance Page 2 of 31 1613 8 Line Item Description CDBG Funds Personnel Costs $ 25,440.30 Program Manager $ 4,038.30 210 hours/$19.23/hr Administrative Assistant $ 6,705 500 hours/$13.41/hr Director $ 14,697 $21.30/hr Operating Expenses $ 5,032.50 Program Expenses & Supplies Student/Coach - Operation Jump Start Manuals $ 1,950 @ $65 each Student Kits: $ 450 $150 each Facilitator Manual $ 315 Operation Jump Start Manual $105/each Facilitator/Coach Kits - $45/each $ 675 (1 facilitator, 4 coaches) each session/3 Student Tote for class- $11.75 per student for $ 352.50 each session Frames-$9.90/each $ 297 Paper-for class and graduation certificates $ 100 Name Tags-for speakers, students, facilitators, $ 200 and coaches Supplemental Books-E Myth: Why most small $ 693 businesses Don't Work& What to Do About it- 45 copies @$15.40 per copy Advertising/Marketing $ 6,890 Google Adwords-Search engine Advertising $ 1,800 Collier Citizen-(weekly Collier County $ 3,600 Newspaper) Advertise in the Spanish Radio Channel $ 990 Printed Materials-brochures, flyers, bag-stuffers $ 500 at Goodwill & Goodwill & Job Link Centers, Chamber of Commerce etc Travel for Personnel & Consultants S 825 Mileage paid @$0.55/mile Consultants $ 14,400 Facilitator/3 sessions/$2,000/each $ 6,000 Coaches(s)-4 @ 3 Sessions/$700/each $ 8,400 Goodwill Industries of SW Florida, Inc. (CD 13-08) Micro Enterprise Assistance Page 3 of 31 1608 TOTAL $52,587.80 Total Program Expenses: $52,587.80 Personnel Expenses $25,440.30 Contracted Consultants $14,400.00 Operating Expenses $12,747.50 Modifications to the "Budget and Scope" may only be made if approved in advance. Modifications to the budget and scope will be performed in accordance with CMA 5330. Budgeted fund shifts between budget categories and line items shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of budget category or line item shall only be made with board approval. All services specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule: PAYMENT DELIVERABLES Deliverable Payment—Supporting Submission Schedule Documents Project Component One: Funding Submission of supporting Submission of monthly invoices costs will include but not limited to documents must be provided as the following expenses: Micro- back up as evidenced by i.e. time sheets, payroll registers, banking Goodwill Industries of SW Florida, Inc. (CD13-08) Micro Enterprise Assistance Page 4 of 31 �9 160 8 Enterprise Program that will consist of documents, sign in sheets, and three (3) sessions-12 classes for 6- additional documents as needed weeks totaling 12 classes and; utilizing Exhibit B. Project Component Two: Funding Final 10% ($5,258.75) released costs will include but not limited to upon documentation of the following expenses: Salaries, courses/sessions completed consultant (facilitators, coaches, or and a minimum of 30 persons mentors), supplies for sessions, served. advertising, and travel costs. PROGRAM DELIVERABLES Deliverable Program—Deliverable Submission Schedule Supporting Documents Creation and maintenance of income N/A Deliverable: Ongoing and to eligibility files on clients served be reviewed during monitoring This funding will benefit a minimum N/A Deliverable: Ongoing as of 30 low-moderate income evidenced by payroll, tax, individuals in Collier County. income qualification and any additional documents as needed maintained in participant file Quarterly Reports Exhibit D Deliverable: Quarterly Proof of Insurance Insurance Certificate Deliverable: Annually within 30 days of renewal Affirmative Action Plan Plan Documents Within 30 days of executed agreement and updates submitted annually Annual Audit Audit Report with Deliverable: 12/31 annually Management Letter and Exhibit E IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:RosaMunoz@Colliergov.net 239-252-5713 Goodwill Industries of SW Florida,Inc. (CD13-08) Micro Enterprise Assistance Page 5 of 31 1608 a SUBRECIPIENT ATTENTION: Fred Richards, VP of Career Development Services Goodwill Industries of Southwest Florida, Inc. 4940 Bayline Drive North Fort Myers, FL 33917 mai lto:fredrichards(ZI goodwillswfl.org 239-995-2106 ext 2204 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1)the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Goodwill Industries of SW Florida,Inc. (CD 13-08) Micro Enterprise Assistance Page 6 of 31 1608 Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 'Phis section shall survive the expiration or termination of this Agreement. Goodwill Industries of SW Florida,Inc. (CD 13-08) Micro Enterprise Assistance Page 7 of 31 1608 F. GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However„ if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. (A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. 5. Submission by the SUBRECIPIENT of any false certification; 6. Failure to materially comply with any terms of this Agreement; and 7. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. Goodwill Industries of SW Florida,Inc. (CD 13-08) Micro Enterprise Assistance Page 8 of 31 160 8 (B) 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: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional management; 3. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; 4. Apply sanctions set forth in 24 CFR, if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds 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, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. VIII. INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. Goodwill Industries of SW Florida,Inc. (CD13-08) Micro Enterprise Assistance Page 9 of 31 1608 IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 84.53(b), as modified by 24 CFR 570.502(b)(3)(ix) (A) and (B), and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG. 2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. 3. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 4. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept. as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. Goodwill Industries of SW Florida,Inc. (CD1 3-08) Micro Enterprise Assistance Page 10 of 31 16138 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 7. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. 8. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of April, July,October and January respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIP1ENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. Goodwill Industries of SW Florida, Inc. (CD13-08) Micro Enterprise Assistance Page 11 of 31 C,P 1608 The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range ($) Quotes Under $3K No Quote Required $3K to $50K 3 Written Quotes Request for Proposal (RFP) Above $50K Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan. The COUNTY shall approve the program income re- use plan utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES Goodwill Industries of SW Florida,Inc. (CD13-08) Micro Enterprise Assistance Page 12 of 31 1608 SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish- heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined Goodwill Industries of SW Florida,Inc. (CD]3-08) Micro Enterprise Assistance Page 13 of 31 160 8 vi by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit"D" of this Agreement. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval within 30 days of the award of funds. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: Goodwill Industries of SW Florida. Inc. (CDI3-08) Micro Enterprise Assistance Page 14 of 31 C40 6 0 8 a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; an b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; and c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing; and d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Goodwill Industries of SW Florida,Inc. (CD13-08) Micro Enterprise Assistance Page 15 of 31 it , 1608 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK,CLERK COLLIER 0 AV , FLORIDA ■ - .d �est as to Cliairma1 r- t ''r Tom Henning signature o Iy, Chairman Dated: UO I7)-201 / SEPL GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. By: icar� Fred Richards Fred Richards. VP of Career Development Services Subrecipient Name and Title Approved as to form and legality: Jennifer A. Belped Assistant County Attorney Goodwill Industries of SW Florida,Inc. (CD I 3-08) Micro Enterprise Assistance Page 16 of 31 P f; 1608 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. Goodwill Industries of SW Florida,Inc. (CDI 3-08) Micro Enterprise Assistance Page 17 of 31 CA 160 8 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Goodwill Industries of SW Florida,Inc. (CD 13-08) Micro Enterprise Assistance Page 18 of 31 0 160 8 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Goodwill Industries of Southwest Florida, Inc. Sub recipient Address: 4940 Bayline Drive,North Fort Myers, FL 33917 Project Name: SWFL Micro-Enterprise Program Project No: CD13-08 Payment Request# Dollar Amount Requested: $ Date Period of Availability: 01/01/14— 12/31/14 Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) Goodwill Industries of SW Florida,Inc. (CD 13-08) Micro Enterprise Assistance Page 19 of 31 C.J 16B81 EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 —Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. Goodwill Industries of Southwest Florida, Inc. Witness: BY: BY: ITS: VP of Career Development Services DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Goodwill Industries of SW Florida,Inc. (CD 13-08) Micro Enterprise Assistance Page 20 of 31 'AO 1613 81 EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub-recipients: Please fill in the following shaded areas of the report Agency Name: Goodwill Industries of Southwest Florida, Inc. Date: 1/14/14 Project Title: Micro-Enterprise Program Alternate Program Contact: Fred Richards,VP of Career Development Services Contact: Elliott Rittenhouse Telephone Number: (239)995-2106 *REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): ❑04/30/14 007/30/14 010/30/14 ❑01/31/15 ❑ Please take note: The CDBG/HOME/ESG Program year begins October 1,2013-September 30,2014. Each quarterly report needs to include cumulative data beginning from the start of the program year October 1,2013. Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting 1. those goals since January 01,2014. A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. Outcome 1: Project Component One: Funding costs will include but not limited to the following expenses:Micro-Enterprise Program that will consist of three(3)sessions-12 classes for 6-week business and managing training courses and; Outcome 2: Project Component Two: Funding costs will include but not limited to the following expenses: Salaries, consultant costs(facilitators, coaches,or mentors),supplies for sessions, advertising, and travel costs. Outcome 3:Number of sessions completed. Outcome 4: Number of persons served. Outcome 5: Income categories of persons served. Outcome 6: Outcome 7: B.Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Goodwill Industries of SW Florida, Inc. (CD13-08) Micro Enterprise Assistance Page 21 of 31 16i Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new 2. timeline for approval. 0 Yes No If no,explain: 3. Since October 1,2012,of the persons assisted,how many.... a. ...now have new access(continuing)to this service or benefit? s_0 b. ...now has improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What funding sources are applied for this period/program year? $ Section 108 Loan Guarantee HOPWA Other Consolidated Plan Funds CDBG $ $ Other Federal Funds r - ESG State/Local Funds - HOME r Total $ Entitlement $ Total Other Funds - Funds - Goodwill Industries of SW Florida,Inc. (CD 13-08) Micro Enterprise Assistance Page 22 of 31 16U El 8 EXHIBIT "D" QUARTERLY PROGRESS REPORT 5. 'What is the total number of UNDUPLICATED clients served this quarter,if applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: i 0, b. Total No.of adult males served: 0 Total No.of males served under 18: `0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No.of female head of household: k '0 • 6. What is the total number of UNDUPLICATED clients served since October,if applicable? a. Total number of adult females served: 0 Total number of females served under 18: 0 b. Total number of adult males served: 0 Total number of males served under 18: 9 TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No.of female head of household: 11,0 Complete EITHER question#7 OR#8.Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PRESUMED BENEFICIARY DATA 8. OTHER BENEFICIARY DATA INCOME RANGE Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons persons served since October 1 who fall into served since October 1 who fall into each income each presumed benefit category (the total category(the total should equal the total in question#6): should equal the total in question#6): Report as: Report as: 0 Abused Children 0 Extremely low Income(0-30%) 0 Homeless Person 0 Low Income(31-50%) 0, Battered Spouses • P Moderate Income(51-80%) 0 Persons w/HIV/AIDS 0 Above Moderate Income(>80%) 0 Elderly Persons 0 Veterans 0 Chronically/Mentally ill 0 Physically Disabled Adults 0 ? Other-Youth TOTAL: 0 TOTAL: 0 9. Racial&Ethnic Data I(if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White of whom,how many are Hispanic? Black/African American 0 {) of whom, how many are Hispanic? Asian 0 0.:-!;of whom,how many are Hispanic? American Indian/Alaska Native 0 0'°:;of whom,how many are Hispanic? Native Hawaiian/Other Pacific Islander 0 0 of whom,how many are Hispanic? American Indian/Alaskan Native&White 0 0. !;of whom,how many are Hispanic? Black/African American&White 0 0_,. ;of whom,how many are Hispanic? Am.Indian/Alaska Native&Black/African Am. •.0 0 `;of whom,how many are Hispanic? Other Multi-racial ' 0 0'` of whom,how many are Hispanic? Other 0 0 !;of whom,how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Signature: Your typed name here represents your electronic Title: signature Goodwill Industries of SW Florida, Inc. (CD 13-08) Micro Enterprise Assistance Page 23 of 31 L• 1608 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Goodwill Industries of Southwest Florida, Fiscal Year Name Inc. Period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization ❑ Are exempt for other reasons —explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Goodwill Industries of SW Florida,Inc. (CD13-08) Micro Enterprise Assistance Page 24 of 31 0\1') 1608 EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant(CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of Goodwill Industries of SW Florida, Inc. (CD 13-08) Micro Enterprise Assistance Page 25 of 31 Cf �CJ,, 160 8 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Goodwill Industries of SW Florida, Inc. (CD13-08) Micro Enterprise Assistance Page 26 of 31 160 8 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 18. Public Law 100-430 -the Fair Housing Amendments Act of 1988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: • Subpart A—General; • Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C—Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT's; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENT's shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's shall follow 570.505; o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.35, Supplies and other Expendable Property; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in Goodwill Industries of SW Florida,Inc. (CD13-08) Micro Enterprise Assistance Page 27 of 31. CA's) 6 a which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for subrecipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed- upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A Goodwill Industries of SW Florida,Inc. (CDI 3-08) Micro Enterprise Assistance Page 28 of 31 160 8 TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 26. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 27. 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. 28. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 29. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. 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. 30. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). 31. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 32. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles Goodwill Industries of SW Florida,Inc. (CD 13-08) Micro Enterprise Assistance Page 29 of 31 1608 • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 33. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 34. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) • 49 CFR Part 24 • 24 CFR Part 42 (subpart B) • Section 104(d) "Barney Frank Amendment. 35. 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. 36. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under Goodwill Industries of SW Florida. Inc. (CD 13-08) Micro Enterprise Assistance Page 30 of 31 1608 grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 37. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 38. Any rule or regulation determined to be applicable by HUD. 39. Florida Statutes 713.20, Part 1, Construction Liens. 40. Florida Statutes 119.021 Records Retention. 41. Florida Statutes, 119.071, Contracts and Public Records. Goodwill Industries of SW Florida,Inc. (CD 13-08) Micro Enterprise Assistance Page 31 of 31 � 1 160 01 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Gino Santabarbara,Grant Coordinator Housing,Human,Veterans Services GS 01/15/14 Department 2. Jennifer A.Belpedio,ACA Office located within Housing,Human, Veterans Veterans Services Department g 3. County Attorney's Office County Attorney's Office 4. BCC Office Board of County Commissioners V \` 5. Minutes and Records Clerk of Court's Office /k/C \ PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Gino Santabarbara, Grant Coordinator Phone Number 239-252-2399 Contact • Agenda Date Item was 01/14/14 ✓ Agenda Item Number 16. D.8 Approved by the BCC Type of Document Subrecipient Agreement -City of Naples Number of Original 2 original3 Attached Documents Attached o r, ,f-+a INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is appropriate. Yes N/A(Not (Initial) _ Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the GS V/ Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances,resolutions,etc.signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and N/A all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or GS the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and GS initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be GS provided to the BCC office within 24 hours of BCC approval.Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 01/14/14 and all changes made during the GS meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. cr t /1 5. re rr� �u (tLi e Xe c 1-e dl 4✓e e rt-,e 7� -�v O• fi i iV°SgvI4Ct bqr clrVGL Co /he�-ccry r1 e I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 «matter number»/«document number» 1 6 Ei Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, January 21, 2014 10:57 AM To: 'GinoSantabarbara @colliergov.net' Subject: City of Naples Subrecipient Agmt Attachments: Gino Santabarbara.pdf Attached is a scanned copy for your records. Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara cr collierclerk.com 1608 Grant#-B-13-UC-12-0016 C 'DA/CSMA#-14.218 Subrecipient—City of Naples DUNS# 084130293 FETI#-59-60000382 Fiscal Year End .9/30 Monitor End: 12/31/2014 AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES CDBG Intersection Infrastructure Improvements THIS AGREEMENT is made and entered into this 14th day of January, 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "City of Naples", a municipality existing under the laws of the State of Florida, having its principal office at 735 Ste Street South,FL34102-1401. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One-Year Action Plans for Federal Fiscal Year 2011-2012 on November 8, 2011, Fiscal Year 2012-2013 on July 24, 2012, and Fiscal Year 2013-2014 for the CDBG Program at the August 13, 2013 absentia meeting-Agenda Item 11A, ratified at the September 10, 2013 Board of County Commissioners meeting; the County Advertised a substantial amendment on July 14, 2013 with a 30 day citizen comment period from July 14, 2013 through August 14,2013; and WHEREAS, HUD has approved the County's Consolidated Plan, and the County prepared a One-Year Action Plan for Federal Year 2011-2012, 2012-2013 and FY2013-2014, detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate-income residents; and WHEREAS, on August 13, 2013 the COUNTY approved the FY 2013-2014 Action Plan, providing CDBG funds in'the amount of $30,959 to the City of Naples for the CDBG Intersection Infrastructure Improvements located at Naples, FL; and WHEREAS, on December 10, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of$49,500 to the City of Naples for the CDBG Intersection Infrastructure Improvements located at Naples, FL; and NOW, THEREFORE, in consideration of the mutual covenants and obligations herein, the Parties agree as follows: I. SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 1 of 31 160 8 required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), and the FY2013 — 2014 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the CDBG program, will make available CDBG funds up to the gross amount of $80,459 to the City of Naples to fund intersection improvements and environmental review at Goodlette-Frank Road and 5th Avenue North, and Goodlette-Frank and Central Avenue in order to improve pedestrian safety. A. SPECIAL GRANT CONDITIONS 1. Within 60 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the design and permitting activities. 2. The Subrecipient must have the environmental requirement cleared by the County prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. 3. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds. a. Affirmative Fair Housing Policy b. Procurement Policy including Code of Conduct c. Affirmative Fair Housing Marketing Plan d. Conflict of Interest Policy e. Equal Opportunity Policy f. Residential Anti-displacement and Relocation Policy g. Sexual Harassment Policy h. Prohibition of the Use of Excessive Force Policy i. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. 794 1 u) j.Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. 794) B. PROJECT DETAILS Project Component 1: Intersection Improvements The Subrecipient will engage in completing intersection improvements and environmental review at Goodlette-Frank Road and 5th Avenue North, in order to improve pedestrian safety. The City of Naples will receive an amount up to $30,959 through an allocation of funds to perform the activity listed below: Project Component 2: Intersection Improvements The Subrecipient will engage in completing intersection improvements and environmental review at Goodlette-Frank Road and Central Avenue, in order to improve pedestrian safety. The City of City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 2of31 • i Naples will receive an amount up to $49,500 through an allocation of funds to perform the following CDBG activities: Activity Federal Funds Project Component 1: Fund Intersection improvements and $30,359 environmental review at Goodlette-Frank Road and 5th Avenue North in order to improve pedestrian safety. Project Component 2: Fund Intersection Improvements and $49,500 environmental review at Goodlette-Frank Road and Central Avenue in order to improve pedestrian safety. Grand Total $80,459 1. Project Tasks a. Maintain project documentation in compliance with 24CFR 85.42 b. Provide quarterly reports on meeting a CDBG National Objective c. Obtain Necessary Permits and Approvals d. Procure Engineering and Design services e. Prepare Bid Specifications and Engineer's Cost Estimate f. Submit invoices to HHVS for environmental and improvements costs 2. National Objective The grant funds to the City of Naples will benefit at least 51% Low to Moderate Income individuals. As such the Subrecipient shall be responsible for ensuring that the project meets the Area Benefit definition at 24 CFR 570.208(a)(1). II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of January, 2014 and end on the 31th day of December, 2014. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available EIGHTY THOUSAND FOUR HUNDRED FIFTY-NINE DOLLARS ($80,459) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the Agreement, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Modifications to the budget and scope will be performed in concordance with CMA 5330. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10%of a line item and a project component shall only be made with board approval. City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 3 of 31 e 160 8 All improvements specified in Section I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. The SUBRECIPIENT is required to submit quarterly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The Following Table Details the Payment Schedule Payment Deliverable Payment Schedule Submission Schedule Costs for Infrastructure • Submission of monthly • Monthly Improvements and invoices on AIA G702-1992 Environmental Review form (attached as Exhibit for Project Component 1 "G") or equivalent and Project Component 2. document per contractor's Schedule of Values, check stubs, bank statements and any other additional documentation as requested. • Final 10% ($8,046) released upon delivered completed • Final Delivery Infrastructure Improvements. City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 4 of 31 160 -a--- The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this agreement Prior to the disbursement of funds (Section I.A.3) Insurance Exhibit A Detailed Project Schedule Project Schedule Prior the disbursement Within n 60 days of Agreement funds Davis Bacon Compliance Execution P Certified Payroll Weekly Payroll Report Submission of Exhibit D Exhibit D Quarterly until project completion Financial and Compliance Audit Audit&Management Letter; Annually 180 days after FY end Exhibit E IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Geoffrey Magon, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 239-252-2336 geoffreymagon @colliergov.net SUBRECIPIENT ATTENTION: Greg Givens Grant Coordinator City of Naples 735 8th Street South Naples, FL 34102-6796 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement,which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 5 of 31 CA 1608 VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to the end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may subject to CDBG regulations, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety(90) days prior to end date of this Agreement. City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 6 of 31 �9 16138 E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend pay all costs (including attorney's fees) and judgments whi h may issue the eon eThis Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes. This Section shall survive the expiration of termination of this agreement. F. GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for,on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. DEFAULTS,REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. (A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 7 of 31 160 1~A 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. 5. Submission by the SUBRECIPIENT of any false certification; 6. Failure to materially comply with any terms of this Agreement; and 7. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional property management; 3. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; 4. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY(whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration)and any accounts receivable attributable to the use of CDBG funds 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 SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 8 of 31 c9 1608 Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. VIII. INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG. 2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. 3. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 4. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the four(4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 9 of 31 160. 8 public agency. 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 7. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. 8. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 10 of 31 16D t 6" activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of the Collier County Purchasing Policy Purchasing Threshold Policy Dollar Range($) Quotes Under$3K 1 Written Quote Above$3K to $50K 3 Written Quotes Above$50K Request for Proposal (RFP) Invitation for Bid(IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM-GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c)in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment,program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 11 of 31 0 160 , 41, also produce records and information that complies with Section 215.97, Florida Single Audit Act. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business"means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise"means a business at least fifty-one (51)percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty-one percent(51%)of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent(30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit"D"of this Agreement. D. AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update/modification. City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 12 of 31 cq E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided,however,that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self- manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission,including the definition,practice and expression of its religious beliefs,provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however,are ineligible for CDBG funded improvements. City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 13 of 31 Jf, V 160 `f m XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof IN WITNESS WHEREOF,the Sub recipient and the County,have each, respectively,by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: •' BOARD OF COUN Y COMMISSIONERS OF DWIGHT E. BRO CIf, CLERK COLLIER C TY • ORIDA ;• ' / Ii h_■1= By: 4 eSt'as to_ hairman's _ Tom Henning s atre n ��t 6 llaaed Chairman (SEAL) Att- CITY OF NAPLES, A MUNICIPALITY 46, Aft Patricia L. Rambosk, City Clerk By: Date: f1 S'1 Hono e John Sorey, III Mayor, City of Naples Approved as to forme legality Approved as to form and legality: BY P Robert D. Pritt, City Attorney Jennifer A. Belp Assistant County Attorney City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 14 of 31 16 L� 8 EXHIBIT"A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, do Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk"basis in an amount not less than one hundred (100%)percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 15 of 31 160 8 1 OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s)or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 16 of 31 D EXHIBIT "B" COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: City of Naples Sub recipient Address: Project Name: Infrastructure Improvements&Environmental Review Project No: Payment Request# Dollar Amount Requested: $ Date Period of Availability: 1/14/14— 12/31/14 SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $80,459 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$14,999) Dept Director (approval required $15,000 and above) City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 17 of 31 C,q U 160 8 EXHIBIT "C" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. CITY OF NAPLES, FLORIDA Witness: BY: BY: ITS: DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has produced as identification and who did(did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 18 of 31 -8----i--- EXHIBIT"D" 160 OUARTERLY PROGRESS REPORT Sub-recipients:Please fill in the following shaded areas of the report '' r=� • •ks;Agency Name: �„ xis,7 s, . . Date: Project Title: s>,. Program Contact: .r _ Alternate • . . Contact: Telephone Number 4 ,, .•_ • ; 4? `REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): 03/30/14 ❑ 06/30/14 ❑ 9/30/14 ❑ 12/30/14 [ Please take note: The CDBG/HOME/ESG Program year begins October 1,2013-September 30,2014. Each quarterly report needs to include cumulative data beginning from the start of the program year October 1,2013. '�" ., o- ` . s ,,,••� � v : Is a .�� , # ._� a �'- 5^ - i ' �" �Y #'x , r,d: t4;:-,,:-'ix a ,,*-L :- a S fµ v" r ,, y .4-w .,. ,e;i s'r " 7 q" ¢ r ,�a ur f$ �„ ,r �F ' - * "'� ' �.+ a 9 B, �7 isst'€ . F tJ11arY ,' e• A.Outcome Goals: list the outcome•oal(s)from our a.•roved a•plication 8 sub-reci.ient a,reement.• k Lr .4 pi " f.,- ' s € _ r = 1, _ j-„ B.Goal P •••ross:Indicate the • ••ress to date in meeting each outcome •oal. KF1 k s n F '"d'" FF1 i 9 s 2 , '• $ " � 1 �'h gsy •• City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 19 of 31 c,) 1601 11 _ , ., .. . . . . . ... ._ _ . _._ . , . . . a '?'-4}° Tc ry a & Sp M -ti "+t 1 n..:,,--„,,,:4-4,,,,,,,..:..,.:.--,-%--1 -- °� "- r 4r Z Asa 1 .y 3 _i- k^- t., 3 Z. c S` 4.: ate,. t�; tni e 4 { a,z � .1" 3'6 < °"` "-..y.S'liAii w, NMYes •- at{ No If no,explain: 5 . -tc : ,,.: 'k 4': ';' s ejtci . t r a� 4 'G x}}�yf�� 44 --�{ 4 k r r µ ?* ,U.- "s Kid:;, #:., a. ...now have new access(continuing)to this service or benefit? b. ...now has improved access to this service or benefit? c. ...now receive a service or benefit that is no longer substandard? TOTAL: 0 £s'� = - 9 T� # gr Ya r f �6 9-, 3- �' 4Nm -..� -'#^ "` "--�y —la a *-+�a -10951 ft `": � * .s '3"Rli-.. -' F, me:Y'�'"A- ty .7- ,-'01: '''! ,..,-,-4,.. '.--..721;,, 4. _ ...-. ° Section 108 Loan Guarantee HOPWA Other Consolidated Plan Funds CDBG Other Federal Funds ESG State/Local Funds HOME Total $ Entitlement $ Total Other Funds - Funds - City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 20 of 31 U61J EXHIBIT"D" UARTERLY PROGRESS REPORT b. r""t_ fitf:_._!. '_'L Ci `'�L. °�. a�..�St; ,3,e• .,.. ." f.:s.U.,� >, Z. t� .tr a ., -,r° w_ a. Total No of adult females served Total No of females served under 18: R� b. Total No of adult males served. - # ...,_Total No of males served under 18: TOTAL: 0 TOTAL: 0 c. Total No of families served: . ': Total No of female head of household: ". 8. fi,l,� -='V L'bia c5' ..• 'g` 4 '}e: A as F mid a Total number of adult females served Total number of females served under 18. 1 .R � ._ D. Total ntm bar of adult males salved: Total number of males served under 18 TOTAL: 0 TOTAL: 0 c. Total No of families served '•-` Total No of female head of household: Corriolete EITHER Question k7 OR N8.Complete queston#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 it any client in your program does not fell Into a Presumed Benefit category. {DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. � -r fo/.- q.�s59 `it � ". 1.47- � .irtof Indicate the total number of 1NDUPLICATED persons served since October 1 who fall into Indicate the total number of UND rP CAT D persons each presumed benefit category (the total served since October 1 who fall Into each Income should equal the total in question#6): category(me total should equal the total in question>f6); Report as: Report as: Abused Children Extremely low Income(0-30°h) Homeless Person Low hcome(31-50%) Battered Spouses -' Moderate hcome(51-80%) 1Persons w/HN/AIDS u�;�>�{Above Moderate Income(>80%) +,Fa•a�cz;'Elderly Persons !Veterans Chronically/Mentally ill y Physically Disabled Adults -,�._1'Other-Youth TOTAL: 0 TOTAL: 0 9. - Please indicate how many UNDUPLICATED clients served since October fall into each race category.In addition to each race category,please Indicate how many persona in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White _. ;of whom,how many are Hispanic? Black/African American ' is of whom,how many are Hispanic? • Asian ��^,' ;of wham,how many are Hispanic? American hdiardAaska Native ;of whom,how many are Hispanic? Native Hawaiian/Other Pacific islander ;Of whom,how marry are Hispanic? American Inchon/Alaskan Native&White - of whom,how many are Hispanic? Black/African American&White :,of whom,how many are Hispanic? Pm.Indian/Alaska Native&Black/African/vn �;; d$>:= ti-� ' :of whom,how Mary are Hispanic? Other Malti-racial "'` '� � -! of whom,how many are Hispanic? Other r •":°tL_'i r. ;of whom,how many are Hispanic? TOTAL: 0 O TOTAL HISPANIC Name Sure Title: Your typed name here represents your electronic signature City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 21 of 31 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT 44,4itiatti :31sul* 7.;;° Onds-' -16e:WhentkrAttfili*iiii -'tiCtditerg .4h4 ' P aut '‘C • ; - • •. - _ - sijib r4tj6fik 441401'NegiteVefffifida ' Name 4' •;7'- A • .1145 ‘?'411i; ilkv? ri4 lIZSBit3 ";j1Figi&arE.... 7 41- Check Appropriate Boxes We have exceeded the$500,000 federelielate:e6.0100'01*told for dii(PecelitOar:000410: asind infiated.ekOveand have completed our Circular A-133.audit. A copy of the audit raped and menagenleht letter is attactIed,-, - - ' • _ We exceeded the$506,000 iederalletate;expenditure-threshold for our fiscal year ending as indicated above and expect to cpmptete our-Circular AA 33 audit by . Within X 30 days of completion of the A-153 audit, we Will provide a copy of the audt report and manatement letter. We are not subject to the requirements of OMB Circular 4133 because we - - . . . . _ . . - . . • . . CI Did not exceed the 3500,600 federal/state expenditure threshold*.the fiecal,year _ indicated above ID Are a for-profit organization O Are exempt for other reasons-explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement - , Signature Date Print Name and Title City of Naples,Florida 2013-2014 CDBG(CD 13-01) Page 22 of 31 'f, ,,, EXHIBIT"F" LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS 1 6 13 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG)funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Ri hts Act of 1968 a g as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ("Equal Employment Opportunity"), amended Orders 1 and- which establishes hiring goals for minorities and women on projects assisted wit federal funds and supplemented in Department of Labor regulations. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project 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." City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 23 of 31 CA(; 6 8 The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents s within the service area or the neighborhood in which 8 the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 1 1375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act,40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations,and executive orders referenced in 24 CFR 570.607,as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 18. Public Law 100-430-the Fair Housing Amendments Act of 1988. City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 24 of 31 1608 8 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: • Subpart A—General; • Subpart B—Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C—Post-Award Requirements,except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTS shall follow 570.504; o Section 84.25,Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment—In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.35, Supplies and other Expendable Property o Section 84.51(b), (c), (d), (e), (f)and (h), Monitoring and Reporting Program Performance; o Section 84.52,Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b)pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 20. 24 CFR 85 -Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 25 of 31 c��r 160 8 1 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seg. b. Federal Water Pollution Control Act, 33 USC 1251,et seq.,as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment(LOMA)may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended(16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 29. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug- Free Workplace Act of 1988 (41 USC 701). City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 26 of 31 16D 4. 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government)follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34.As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a),Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan, or cooperative agreement. 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 City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 27 of 31 16 .13 .8 contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20,Part 1, Construction Liens 39. Florida Statutes 119.021 Records retention 40. Florida Statutes,119.071, Contracts and Public Records City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 28 of 31 160 8 '- ' EXHIBIT"G" �L/.A�� AIA G702-1992 Form 114t ci.,i-+L i � IA m Docu m ent X702'"- 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents MA Document 6702,Application and Certificate for Payment,is to be used in conjunction with AIA Document 6703.Continuation Sheet.These documents are designed to be used on a Project where a C:otnractur has a direct Agreement with the Owner.Procedures for their use are covered in AIA Document A20I,General Conditions of the Contract for Construction. Use of Current Documents Prior to using any MA Contract Document.users should consult www.aia.org or a local AIA component to verity the most recent Prior to Reproductions document This copyrighted k d be r or eproduced le e written el the ALA. is no mplepermissionto reproduce uce tsddc me nor does membershipin The Amrican institute ofArchite tsconfer any further rights to reproduce this document. The AlA hereby grants the purchaser a limited license to reproduce ti maximum of ten copies of a completed G702,but only for use in connection with particular ten request t.l hee AIA all nottepermit reproduction outside of the limited license for reproduction granted above,except upon permission from the MA. Rights to reproduce the document may vary for users of AlA software. Licensed AIA software users should consult the End User License Agreement(EULA). To report copyright violations of AlA Contract Documents,e-mail The American Instinue of Architects'legal counsel. copyright 0 aia.org. COMPLETING THE G702 FORM - After the Contractor has completed AlA Document 6703,Continuation Sheet,summary information should be transferred to AIA Document 6702,Application and Certificate for Payment. The Contactor should sign 6702,have it notarized,and submit it,together with 0703,to the Architect. The Architect should review 6702 and 0703 and,if they arc acceptable,complete the Architect's Certificate for Payment on 0702. The Architect may certify a different amount than that applied for,pursuant to Sections 9.5 and 9.6 of A201.The Architect should then initial all figures on C17112 and 0703 that have been changed to conform to the amount certified and anach an expiitnation.The completed 6702 and G703 should be forwarded to the Owner. MAKING PAYMENT The Owner should males;payment directly to the Contractor based on the amount certified by the Architect on .AIA Document 0702, Application and Certificate for Payment.The completed form contains the name and address of the Contractor.Payment should riot be made to any other party unless specifically indicated on 6702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting(i.e.,president,secretary,partner,etc.)and the authority tinder which they are executing the document.Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AI*Document G7021.-1992.Copyright 0 1953,1963,1965,1971,1978.1983 etnd 1992 by The American Institute of Architects.All rights reserved WARNING:This ALA' Document Is protected by U.S..Cop si In Law and International Trestles.Unputhortzed reproduction or distribution of this AlA°Dooumenp or any portion of itg,may result In severe oiva and crtminpl penalties,and will be prosecuted to the mnacm aim extent possible under the Law.Purchasers are permitted to reproduce ten copies of this document when completed.To report copyright violations of MA Contract Documents.e-mail The American Institute of Architects'legal counsel, �PYc pee of this City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 29 of 31 {; D .<.. ,4 Document G7021a - 1992 Application and Certificate for Payment TOOWNER: PROJECT; APPLICATION,NO: PEIVO O .:0 CONTRACT FOR: ARCHITECT p' FROM CONTRACTOR: VIAARCNITECT:Nj T DATE CONTRACTOR 0 PROJECT NOS I I FIELD D DINER ? CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Connactor's knowledge,information Application is made for payment,as shown below,in connection with the Contract. and belief the iVrtdc covered by this Application for Payment has been contrived in accordance Continuation Sheet,AIA Document 0703,is attached. with .that-a$amounts have heat paid by the Contractor for Work for 1, Continuation Sheet,A L Sl Document which Previous Certificates for Payment were issued and payments teethed from the Owner,and $ that current paymcat shown herein is now due. 2.Net change by Change Orders $ CONTRACTOR 3,CONTRACT SUM TO DATE(Line]t 2) ..... ...:.........$ By: Dale 4.TOTAL COMPLETED 3 STORED TO DATE(Column G on G7031 $ State of: 5.RETADIirIGE County of: 1. %of Completed Work Subscribed and sworn to before ` (ColumnD+Eon0703) $ me this day b %Of Stored Material • (Column Fon(1703) $i Notary Public: My Commission expires. Total Retainagc(Lines 3a+Sti or Total in Column 1 of 07031....... S B,TOTAL EARNED LESS RETAINAGE $ ARCHITECT'S CERTIFICATE FOR PAYMENT (line 4 Less Line 5 Total) In aCiordnnoe with die Contract D netus,based od on-site observations and the data comprising 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT . $ this application,theArchitect certifies to the Owner that to the best of the Architect's knowledge, (Line 6 from prior Certificate) information and belief the Work has progressed as indicated.the quality of the Work is in accordance with the Contract Docttnts,and the Contractor is entitled to payment of the 8.CURRENT PAYMENT DUE $ AMOU1f CERTIFIED. 9.BALANCE TO FINISH,INCLUDING RETARIAGE AMOUNT CERTWIED .......$ (Line 3 less Line 6) $ (Attach explanaaon V1100011 chained differs from the amount applied An kiIall f gur-fon*f Application and an the Continuation Sheer that are ehmgted to ranfonn with the amount ce trf et(,) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Al tiITECTt Total changes approved in previous mouths by Otvtttt $ By Date: Total approved this Month $ I TOTALS $ $ This Certificate is not negotiable The AMOUNT CERTIFIED is payable only to the Contractor rNET CHANGES by Chan Order S earned herein.Lmeance,`payment and acceptance of payment are without prejudice to any tights of n y' ge the Owner or Contractor under this Contract AMA Document G702'9-1992 Copyril/it 01953,1969,1965,1971.1978 1983 and 1992 by The American Methinks of Architects.All rights reserved.Wi:WING:This AIAA Document Is protected by U.S.Copyright tar and international Treaties.Unauthorized reproduction or distribution of this AlAe Document,or any portion of It may result In eerere civil and criminal penalties,end will be prosecuted to the maximum extent possible under the mw.Purchasers are conked to repro:axe ten(10)copies of this doaunerd when dieted To report copyright vidatione of AtA Contract Documents,a-men The American Institute ofArchitects'legal ar�rbel copyngh1Iaia.orp. City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 30 of 31 C,��, CONTINUATION SHEET AlA DOCUMENT G703 {In+t uctio;,s t n reverse side ._. ) RAGE OF ?AGES ALA Document G702,APPLICATION AND CERTIFICATE FOR R.9}'iENI containing Contractar's signed Certification,is a;cathed. APPLICATION NO: In tabulations below,amounts are stared to the nearest dollar. APPLICATION PERIOD Use Column I on Contracts where variable reW,inage for lire items may apply. PE.ECT TO; ARCHITECT'S PROJECT NO.: B I C D E F G H I WORK COMPLETED I ITEM ,Y.A'fER[A>S I TOTAL I ^I� SCHEDULED I .,_ P},E5z;,'TL3` COuPLE1'ED 6ALAiiCE qO i DESCn.,iION OF CORK FROM.Pn'l�t{1(S n• RFTAI.\.AGE 1;4 I f. APPLICATION THIS PERIOD I STORED 1 AND STORED o TO (IF VA � D + E !Nfl7 I TO DATE (6 C) r1.tSli t 1 DOREi (l)ELF) I (c-G) RATE) 1 i i I 1 I l i I 1 I I II 1 1 1 1 i I / I I I I i 1 i ll 1 Ili . I ill � I /' 1 I i I I i i I I I I I I rze I I I AA OlENT 6709•CO\Ptit4P0\SHEET FOP.^�2•I°9?EDITION r rat �laT i THE'-gTli4 INSTITUTE Oc AS -U7`=i7 r t NIE,NT(WASh"1'GTO,1,DC 2G0QS.5292•WARNK Un6ceheed PbeteceRing einhtes US. ''a1 '.ORS II sae l bws and w�m5tect the violater to tegai Padron, G703.1892 CAUTION:You should use an original AlA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced. City of Naples,Florida. 2013-2014 CDBG(CD 13-01) Page 31 of 31 (___:":