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Agenda 03/22/2016 Item #16D 4 3/22/2016 16.D.4. EXECUTIVE SUMMARY Recommendation to approve the First Amendment to the Subrecipient Agreement with Naples Equestrian Challenge,Inc. to combine related budget activities into one component. OBJECTIVE: To perform site development and landscaping in order to construct and expand the Naples Equestrian Challenge public facility. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) provides Community Development Block Grant (CDBG) funds to address program-specific needs in the community. On May 12, 2015, the Board approved a CDBG Subrecipient Agreement with Naples Equestrian Challenge, Inc. (Agenda item 16D2). The agreement established funding for site development and landscaping associated with an expansion at the Naples Equestrian Challenge facility in Naples. The proposed amendment to the subrecipient agreement will combine related budget items into one component. The budget items are not changing and are as follows: Permitting requirements, Earthwork and Site Preparation, Drainage Improvements, Sewage Collection and Transmission System, Water Distribution System, Roadway Improvements, Landscaping and Irrigation System and Fencing and Wall Installation. Combining the related budget items will provide for increased flexibility in administering the project. The amendment does not change the scope of the project, is allowable under the grant, and will not increase or decrease the amount of grant funds or impact the budget for this project. FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal impact.The funding source for the grant award is the Community Development Block Grant. The project is budgeted in the Housing Grant Fund(121),CDBG project No. 34515,34520,34525,44500,44505 and Housing Grant Fund(705),CDBG project No.33088,33176,33236,and 33289. LEGAL CONSIDERATIONS:,This item is approved for form and legality and requires a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: This project furthers the Goals,Objectives, and Policies of the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the First Amendment to the Subrecipient Agreement with Naples Equestrian Challenge, Inc. and authorizes the Chairman to sign. Prepared By: Lisa Oien,Grant Coordinator;Community and Human Services Attachments: (1)First Naples Equestrian Challenge Subrecipient Agreement Amendment (2)Naples Equestrian Challenge Subrecipient Agreement Packet Page-1146- 3/22/2016 16.D.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.4. Item Summary: Recommendation to approve the First Amendment to the Subrecipient Agreement with Naples Equestrian Challenge, Inc. to combine related budget activities into one component.This item has no new fiscal impact Meeting Date: 3/22/2016 Prepared By Name: OienLisa Title: Grants Coordinator,Community&Human Services 2/25/2016 4:14:19 PM Submitted by Title: Grants Coordinator,Community&Human Services Name: OienLisa 2/25/2016 4:14:21 PM Approved By Name: LopezMaggie Title: Accountant, Senior,Community&Human Services Date: 2/25/2016 4:58:32 PM Name: TownsendAmanda Title:Division Director-Operations Support,Public Services Department Date: 3/3/2016 9:19:12 AM Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community&Human Services Date: 3/3/2016 3:50:59 PM Name: AquinoLuqueBlanca Title:Accountant, Community&Human Services Date: 3/3/2016 4:33:43 PM Packet Page-1147- 3/22/2016 16.D.4. Name: GrantKimberley Title: Division Director-Cmnty&Human Svc, Community&Human Services Date: 3/3/2016 5:59:53 PM Name: RobinsonErica Title: Accountant, Senior,Grants Management Office Date: 3/4/2016 1:38:49 PM Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 3/4/2016 4:55:38 PM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 3/8/2016 9:51:12 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/8/2016 3:39:24 PM Name: StanleyTherese Title:Manager-Grants Compliance,Grants Management Office Date: 3/10/2016 5:52:43 PM Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Date: 3/13/2016 6:02:16 PM Packet Page-1148- 3/22/2016 16.D.4. Grant #B13-UC-12-0016,B-12-UC-0016,B- 11-UC-12-0016, B-10-UC-12-0016 B-09- UC-12-0016, B-08-UC-12-0016, B-07-UC- 12-0016, B-06-UC-12-0016, B-05-UC-12- 0016 CFDAJCSFA# 14.218 Subrecipient—Naples Equestrian Challenge,Inc. DUNS#-060427072 FEIN#-650793008 IDIS#-499 R& D: No Fiscal Year End: 12/31 Monitor End: 3/31/2023 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES EQUESTRIAN CHALLENGE,INC. PHASE III—SITE DEVELOPMENT AND LANDSCAPING This Amendment is entered into this day of 2016, by and between Naples Equestrian Challenge, Inc., hereinafter referred to as "SUBRECIPIENT" and Collier County, Florida, hereinafter to be referred to as "COUNTY", collectively stated as the"Parties." RECITALS WHEREAS, on May 12, 2015, the County entered into an agreement awarding Community Development Block Grant Program funds to be used for Naples Equestrian Challenge Phase III site development and landscaping project (hereinafter referred to as the "Agreement"); WHEREAS, the Parties desire to amend the agreement to combine related budget activities; Words tru k hrough are deleted; Words Underlined are added * * * Naples Equestrian Challenge,Inc. CD14-14 First Amendment Phase III—Site Development and Landscaping Project Page 1 of 5 Packet Page -1149- O`l� 3/22/2016 16.D.4. PART I SCOPE OF WORK 1.2 PROJECT DETAILS A. Project Description/Project Budget Improvements Federal Funds Project Component 1: Permitting requirements, Earthwork and Site $25,000708 Preparation, Drainage Improvements, Sewage Collection and $500,000.00 Transmission System, Water Distribution System, Roadway Improvements,Landscaping and Irrigation System and Fencing and Wall Installation. -_ _:• . . -: _ . . .' -.• . $60,980:00 ' •_. • .. .• - - - - $30464:00 ' - ': - : .. - _ _ . S-1-57-32-5,00 -• .. _ • .. •_ _ $25,500.00 ' • - ' ... . _ - -• $122,973.25 _ _. _ - $215,125.00 •' ;• _ -• .. - . -_•_•• : : .• . $4,632.75 Total: $500,000.00 * * * E. Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Naples Equestrian Challenge,Inc. CD14-14 First Amendment Phase III—Site Development and Landscaping Project Page 2 of 5 Packet Page -1150- 3/22/2016 16.D.4. Project Component 1: Required Submission of supporting documents Submission of monthly permits, Earthwork and Site must be provided as backup as invoices Preparation, Drainage evidenced by either canceled check Improvements, Sewage stubs or bank statements, copy of Collection and Transmission permits (when applicable), System, Water Distribution completed AIA G702-1992 or System, Roadway equivalent document per Improvements, Landscaping and contractor's Schedule of Values as Irrigation System and Fencing applicable and any other additional and Wall Installation. documentation as requested. A 10 5% retainage (1,250) released upon documentation of all required :completed components activities. .'7.- .- _ : -. -. . -_ __. _ Submission of monthly and Site-Pfeparetien must be provided as backup as invoices completed AIA G702 1992 form or equivalent document per 5% retainage ($3,049) released upon Project Component 3: Drainage .. . . . ..- - --• - Submission of monthly Impfevements must be provided as backup as invoices evidenced by banking documents, completed AIA G702 1992 form or equivalent document per 5% ($1,523.20) released upon the required drainage system for the Project Component 4: Sewage -.. - . . . ... . . _• Submission of monthly Collection and Transmission must be provided as backup as invoices SYstes evidenced banking documents, completed AIA G702 1992 form or equivalent document per 5% ($766.25) released upon the full and transmission system. Project Component 5: Water .. . . . ...- _ Submission of monthly !' . _ • must be provided as backup as invoices evidenced by banking documents, Naples Equestrian Challenge,Inc. CD 1 4-14 First Amendment Phase III—Site Development and Landscaping Project Page 3 of 5 Packet Page -1151- 3/22/2016 16.D.4. completed AIA G702 1992 form or 5% ($1,275) released upon the fully - - -• •• • .• - • • ••. - - - •••- --• -• Submission of monthly Improvements must be provided as backup as invoices completed AIA G702 1992 form or equivalent document per contractor's Schedule of Values, and 5% ($6,148.66) released upon the installation of the roadway Project Component 7: -. . . . -_ --- - Submission of monthly Landscaping and Irrigation must be provided as backup as invoices completed AIA G702 1992 form or equivalent document per 5% retainage ($10,756.25) released upon the full installation of the Project Component 8: Fencing . . • . ... •: ._. _ Submission of monthly must be provided as backup as invoices completed AIA G702 1992 form or equivalent document per 5% retainage ($231.64) released upon the full installation of the Final 10 5% ($25,000) of retainage held, -. _ .. : -- . . --- - . - . . .. -, will be released upon documentation that at least 51% of persons served are low to moderate income households, in order to meet a CDBG National Objective. Failure on behalf of the subrecipient in achieving the National objective under this agreement will require repayment of the CDBG investment under this agreement and aforementioned acquisition agreement. Naples Equestrian Challenge,Inc. CDI4-14 First Amendment Phase III—Site Development and Landscaping Project Page 4 of 5 Packet Page -1152- 1 3/22/2016 16.D.4. 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 COUNTY,FLORIDA By: , Deputy Clerk Donna Fiala, Chairman Dated: (SEAL) NAPLES EQUESTRIAN CHALLENGE, INC. By: Kim Minarich, Executive Director Naples Equestrian Challenge, Inc. Approved as to form and legality: Jennifer A.Belpedio Assistant County Attorney aI Naples Equestrian Challenge,Inc. CD14-14 First Amendment Phase III—Site Development and Landscaping Project Page 5 of 5 Packet Page -1153- 3/22/2016 16.D.4. Grant# B-13-UC-12-0016, B-12-UC-12- 0016,B-11-UC-12-0016, B-10-UC- 12-0016, B-09-UC-12-0016, B-08- UC-12-0016, B-07-UC-12-0016, B- 06-UC-12-0016,B-05-UC-12-0016, CFDA/CSFA# 14.218 Subrecipient Naples Equestrian Challenge, Inc. FAIN 499 R&D No DUNS# 060427072 FEIN# 650793008 Fiscal Year End 12/31 Monitor End: 3/31/2023 AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES EQUESTRIAN CHALLENGE,INC THIS AGREEMENT is made and entered into this 12 day of May 2015, 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 Naples Equestrian Challenge, Inc. ("Subrecipient"), having its principal office at 206 Ridge Drive, Naples, FL 34108. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended);and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan—One year Action Plan for Federal Fiscal Year 2014-2015 for the CDBG Program with Resolution 2014-129 on June 24, 2014—Agenda Item 16D8;and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 13, 2015 with a 30 day Citizen Comment period from March 13, 2015 to April 13, 2015; and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and Naples Equestrian Challenge,Inc. CD14—14 NEC-Site Development&Landscaping Page 1 Packet Page -1154- r) 3/22/2016 16.D.4. WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in the undertaking the CDBG Naples Equestrian Challenge Phase Ill — Site Development and Landscaping; and NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Naples Equestrian challenge,Inc. CD14—14 NEC-Site Development&Landscaping Page 2 Packet Page-1155- 3/22/2016 16.D.4. PART SCOPE OF WORK The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance, as determined by Collier County Community and Human Services(CHS) Division, perform the tasks necessary to conduct the program as follows: CHS, as an administrator of the CDBG program, will make available CDBG funds up to the gross amount of$500,000 to Naples Equestrian Challenge, Inc, for Phase III. Phase III will consist of site development and landscaping in order to construct and expanded facility to serve additional limited clientele and low to moderate income persons. This project is the continuation of the acquisition facilitated in part with CDBG funds. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty(30)days of award of this agreement: • Affirmative Fair Housing Policy • Affirmative Action/ Equal Opportunity Policy Conflict of Interest Policy ® Procurement Policy [] Uniform Relocation Act Policy Sexual Harassment Policy Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C.794 1 u) • Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.794) • Fraud Policy 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1:Permitting Requirements $25,000.00 Project Component 2: Earthwork and Site Preparation $60,980.00 Project Component 3: Drainage Improvements $30,464.00 Naples Equestrian Challenge,Inc. CD14—14 NEC-site Development&Landscaping Page 3 Packet Page-1156- 3/22/2016 16.D.4. Project Component 4:Sewage Collection and Transmission System $15,325.00 Project Component 5:Water Distribution System $25,500.00 _.-- Project Component 6: Roadway Improvements $122,973.25 Project Component 7: Landscaping/Irrigation System $215,125,00 Project Component 8: Fencing and Wall Installation $4,63235 Total Federal Funds: $500,000.00 The Subrecipient will accomplish the following checked project tasks: [ Pay all closing costs related to property conveyance Maintain and provide to the County as requested beneficiary income certification documentation • Maintain National Objective Documentation ® Provide Quarterly reports on National Objectives and project progress Required attendance by a representative from executive management at quarterly partnership meetings,as requested by CHS. Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation, Identify Lead Project Manager • Provide Site Design and Specifications • Comply with Davis Bacon Labor Standards • Provide certified payroll weekly throughout construction and rehabilitation • Comply with Uniform Relocation Act(URA),if necessary Ensure applicable numbers of units are Section 504/ADA accessible [ Ensure the applicable affordability period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of: LMA--Low/Mod Area Benefit LMC--Low/Mod Clientele Benefit [ LMH—Low/Mod Housing Benefit [l] LMJ—Low/Mod Job Benefit C. Project Outcome The Subrecipient will perform the following improvements to the Naples Equestrian Challenge Facilities which includes, but is not limited to: obtaining required permitting, earthwork, site Naples Eq'ut:strian Challenge,Inc. CD14—14 Page A NEC-Site Development&landscaping Packet Page -1157- 0 3/22/2016 16.D.4. preparation, drainage system improvements, water and sewer system installations, roadway improvements, landscaping, and irrigation systems installation. The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives in accordance with 24 CFR 570.505. NEC must document that at least 51% of persons served, are low to moderate income households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this agreement will require repayment of the CDBG investment under this agreement and the acquisition agreement CD13-08. D. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within thirty(30)days of (Section 1.1) agreement agreement execution Insurance Insurance Certificate Annually within thirty(30) days of renewal Detailed project Schedule Project Schedule Within thirty(30)days of agreement execution .-. Project Plans and Specifications -Site Plans and Specifications Prior to Construction Start Submission of Progress Report Exhibit C Quarterly reports.Annually after closeout. Financial and Compliance Audit Exhibit E Annually one hundred eighty (180) days after FY end until 2021 Continued Use Certification Continued Use Affidavit,if Annually until 2021 applicable Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve of rehabilitation and annually thereafter until 2029 Program Income Reuse Plan Plan Approved by the County Annually thereafter until 2021 E. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Required Submission of supporting documents must Submission of monthly Permits be provided as backup as evidenced by invoices. check stubs,bank statements, copy of permits and any other additional documentation as requested.5% retainage ($1,250)released upon documentation of all required permits. Naples Equestrian Challenge,Inc. c014—14 • Page 5 NEC-Site Development&landscaping Packet Page -1158- . 3/22/2016 16.D.4. Project Component 2: Earthwork Submission of supporting documents must Submission of monthly and Site Preparation be provided as backup as evidenced by, invoices. banking documents,completed AlA G702- 1992 form or equivalent document per contractor's Schedule of Values and any additional documents as needed.5% retainage($3,049)released upon documentation of required site-work including earthwork. Project Component 3: Drainage Submission of supporting documents must Submission of monthly Improvements be provided as backup as evidenced by, invoices. banking documents,completed AlA G702- 1992 form or equivalent document per contractor's Schedule of Values and any additional documents as needed. 5% retainage($1,523.20) released upon the full installation and completion of required drainage system for the project. Project Component 4:Sewage Submission of supporting documents must Submission of monthly Collection and Transmission be provided as backup as evidenced by, invoices. System banking documents,completed AlA G702- 1992 form or equivalent document per contractor's Schedule of Values and any additional documents as needed.5% retainage($766.25) released upon the full installation of the sewage collection and transmission system. Project Component 5:Water Submission of supporting documents must Submission of monthly Distribution System be provided as backup as evidenced by, invoices. banking documents,completed AIA G702- 1992 form or equivalent document per contractor's Schedule of Values and any additional documents as needed. 5% retainage($1,275)released upon the fully installed water distribution system. Project Component 6: Roadway Submission of supporting documents must Submission of monthly Improvements be provided as backup as evidenced by, invoices. banking documents,completed AlA G702- 1992 form or equivalent document per contractor's Schedule of Values and any additional documents as needed.5% retainage($6,148.66)released upon the full installation of roadway improvements. Project Component 7: Submission of supporting documents must Submission of monthly Landscaping and Irrigation be provided as backup as evidenced by, invoices. • System banking documents,completed AlA G702- — I Naples Equestrian Challenge,inc. CD14—14 Page 6 NEC-Site Development&Landscaping Packet Page -1159- 3/22/2016 16.D.4. 1992 form or equivalent document per contractor's Schedule of Values and any additional documents as needed,5% retainage($10,756.25) released upon the full installation of the Landscaping and irrigation system. Project Component 8:Fencing Submission of supporting documents must Submission of monthly • and Wall Installation be provided as backup as evidenced by, invoices. banking documents,completed NA G702- 1992 form or equivalent document per contractor's Schedule of Values and any additional documents as needed. 5% retainage($231.64)released upon the full installation of the proposed fencing and wall. Final 5% ($25,000.00) of retainage held, not including the aforementioned retainage above, will be released upon documentation that at least 51% of persons served are low to moderate income households, in order to meet a CDBG National Objective. Failure on behalf of the subrecipient in achieving the National Objective under this agreement will require repayment of the CDBG investment under this agreement and aforementioned acquisition agreement. 1.3 TIME OF PERFORMANCE Services of the Subrecipient shall start effective the date of the execution of this agreement and shall end on March 31, 2018. 1,4 AGREEMENT AMOUNT The COUNTY agrees to make available Five Hundred Thousand Dollars ($500,000.00)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"), Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10%of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only be made with Board approval. All improvements specified in Part I. Scope of Work shall be performed by Subrecipient employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The Subrecipient shall enter into contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall Naples Equestrian Challenge,Inc. CD14-14 NEC-Slte Development&Landscaping Page 7 Packet Page -1160- Oj 3/22/2016 16.D.4. be handled by the SUBRECIPIENT and monitored by CHS,which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon completion or partial completion of the work tasks as accepted arid approved by CHS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. 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 hut not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." 13 COST PRINCIPLES Payments to the Subrecipient are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR 200,93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413,The Subrecipient must provide adequate documentation for validating costs incurred. Payments to Subrecipient's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318, Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Naples Equestrian Challenge,Inc. CD1R—14 Page 8 NEC-Site Development&Landscaping Packet Page -1161- i • Olyj� 3/22/2016 16.D.4. • Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier,personal delivery,or sent by facsimile or other electronic means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION:Gino Santabarbara,Grant Coordinator 3339 E Tamiami Trail,Suite 211 Naples, Florida 34112 Email:ginosantabarbara @colliergov.net Telephone:(239)252-2399 SUBRECIPIENT ATTENTION: Kim Minarich, Executive Director 206 Ridge Drive Naples, FL,34108 Naples, Florida 34109 Email:krninarich@naplesectuestrianchallenge.org Telephone: (239)596-2988 Naples Equestrian Challenge,inc. CD14—14 Page 9 NEC-Site Development&Landscaping Packet Page -1162- . O[�� 3/22/2016 16.D.4. • PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer, or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments.The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits and OMB Circular A-133. 2.2 RECORDS AND DOCUMENTATION The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.506 to determine compliance with the requirements of this agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the purpose of this agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this agreement, including matching funds and Program Income.These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, . Naples Equestrian Challenge,Inc. C014—14 NEC-Site Development&landscaping Page 10 Packet Page -1163- Oy2 3/22/2016 16.D.4. materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this agreement. D. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five(5) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5)year period,the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this agreement of the address where the records are to be kept as outlined in 24 CFR 200.336. 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. E. 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. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines.The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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 570.208, income certification, and written agreements with beneficiaries,where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does • Naples Equestrian Challenge,Inc. CD14-14 NEC-Site Development&Landscaping Page 11 Packet Page -1164- O7 3/22/2016 16.D.4. 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 2 CFR 200,336 and 2 CFR 200.337. 2.3 MONITORING During the term,SUBRECIPIENT shall submit an annual audit monitoring report(Exhibit E) to the COUNTY no later than one hundred eighty (180) days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS may carry out no less than one (1)annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS,submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required.The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General,the General Accounting Office,the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract, Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS.CHS's policy for escalation for non-compliance is as follows: Naples Equestrian Challenge,Inc, w CD14—14 Page 12 NEC-Site Development&landscaping Packet Page -1165- OVO 3/22/2016 16.D.4. 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely • manner to the Division,the Division may require a portion of the awarded grant amount be returned to the Division. • The County may require upwards of five percent (5%)of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. a The entity may be considered in violation of Resolution No. 2013-228 3. if in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the Division. • The Division may require upwards of ten percent (10%) of the award amount he returned to the Division, at the discretion of the Board of County Commissioners. • The entity will be considered in violation of Resolution No. 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project Naples Equestrian Challenge,Inc. CD14—14 Page 13 NEC-Site Development&Landscaping Packet Page -1166- nn 3/22/2016 16.D.4. that was terminated. This includes the amount invested by the County for the initial acquisition of the properties or other activities. • The entity will be considered in violation of Resolution No,2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non- compliant,the above sanctions may be imposed across all awards at the BCC's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this agreement, and on the resolution of monitoring findings identified pursuant to this agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January,April,July and October respectively for the prior quarter period end.As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C". Exhibit"C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this agreement. Naples Equestrian Challenge,Inc. CD14—14 Page 14 NEC-Site Development&Landscaping Packet Page-1167- oc1C) 3/22/2016 16.D.4. • PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent,if given at all,shall be at the COUNTY'S sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart l< of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570,604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 and (3) SUBRECIPIENT is required to follow federal procurement and (4) for DEVELOPERS revenue generated is not considered program income.The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal,state and local laws,regulations,and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an."independent contractor"with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance,as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this agreement at any time provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization,and approved by the Grantee's governing body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this agreement. Naples Equestrian Challenge,Inc. CD14—14. NEC-Site Development&Landscaping Page 15 Packet Page-1168- • 3/22/2016 16.D.4. 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. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this agreement. In the event of curtailment or non-production of said federal funds, 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. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,officers,servants, employees, contractors, patrons,guests,clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this agreement. This indemnification obligation shall not be construed to negate,abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue there-on. This Indemnification shall survive the termination and/or expiration of this agreement.This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. Naples Equestrian Challenge,Inc. CD14-14 Page 16 NEC-Site Development&Landscaping Packet Page -1169- 3/22/2016 16.D.4. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIP1ENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COWER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.39, this agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the �. portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made,the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations,executive orders,and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; C. Ineffective or Improper use of funds provided under this agreement;or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect, E. Submission by the SUBRECIPIENT of any false certification; Naples Equestrian Challenge,Inc. CD14--14 NEC-Site Development&Landscaping Page 17 Packet Page -1170- t0`'" 3/22/2016 16.D.4. F, Failure to materially comply with any terms of this agreement;and G, Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this agreement; D. Apply sanctions if determined by the County to be applicable; E. Stop all payments until Identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the agreement is terminated by the County as provided herein,SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this agreement and in addition to any and all other remedies available to the COUNTY (whether under this agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY'S right(nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). Regulations regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE Naples Equestrian Challenge,Inc. C014-14 Page 18 NEC-Site Development&Landscaping Packet Page -1171- O4) 3/22/2016 16.D.4. SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried,at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Community Development Block Grants(24 CFR 570 et seq.), 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through 326) and Collier County's purchasing thresholds. Range: Competition Required _._ $0-3,000 1 Quote $3,000-$10,000 �3 Written Quotes $10,000-$50,000 3 Written Quotes $50,000+ Bids, Proposals,Contracts(ITB, RFP,etc) 3,13 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 accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The Subrecipient may close out the project with the County after the year affordability period has been met, if applicable. Activities during this closeout period shall include, but not be limited to: making final payments,disposing of program assets(including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements Will result in the more stringent law being Naples Equestrian Challenge,Inc, CD14-14 NEC-Site Development&Landscaping Page 19 Packet Page -1172- 3/22/2016 16.D.4. applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343, 3,15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of,or be subjected to, discrimination under any activity carried out by the performance of this agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a)of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate- income persons or presumed to be low to moderate income persons based on applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If the project is located in an entitlement city, as defined by HUD, or Naples Equestrian Challenge,Inc. CD14-14 • Page 20 NEC-Site Development&Landscaping Packet Page -1173- 3/22/2016 16.D.4. serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY'S specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, The Affirmative Action will need to be updated throughout the five year period and must be submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and 2 CFR 200.318,and the State and County statutes, regulations,ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CI-15 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 CHS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. Naples Equestrian Challenge,Inc. C014—14 Page 21 NEC-site Development&Landscaping Packet Page -1174- 3/22/2016 16.D.4. 3.20 RELIGIOUS ORGANIZIIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 2/1 CFR 570.200(1). The SUB RECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion, B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities,such as worship, religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship,however,are ineligible for CDBG funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child,aged person,or disabled adult to the County. 3.22 SEVERABILITY Should any provision of the agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Naples Equestrian Challenge,Inc. CD14—14 Page 22 NEC-Site Development&Landscaping Packet Page -1175- d� 3/22/2016 16.D.4. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDI3G program http://www.law.cornell.edu/cfr/text/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main_02.tpl 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/HUD?src-/program_offices/fair_housing_equal_opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act, http://www.hud.•ov offices fheo librar huddo'statement.scif E,O. 11063 - Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program offices/fair_ housing equal opp/FH laws/EXO11063 E,O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federa l-registe r/codification/executive-order/12259.html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.corneli.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://ports l.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/prog desc/title8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo,gov/fdsys/pkg/CFR-2007-title24-val3/pdf/CFR-2007-title24-vai3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086-which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www,eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html EO 11375 and 12086: see item#8 below Naples Equestrian Challenge,Inc, C014—1.4 Page 23 NEC-Site Development&Landscaping Packet Page -1176- 3/22/2016 16.D.4. 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 U5C § 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. htt:p://www.eeoc.gov/laws/statutes/titlevii.efm 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's 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 "Sectib` '3" requirements and to include the following language in all subcontracts executed under this agreement: "The work to be performed under this agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction,or other public construction • project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; /—*\ where feasible, priority should be given to business concerns that provide economic Naples Equestrian Challenge,Inc. C014—14 Page 24 NEC-Site Development&Landscaping Packet Page-1177- o� 3/22/2016 16.D.4. 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. http://www.ecfr,gov/cgi- bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_ma in_02.tpi 4.10 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm 11063:http://portal.hud.gov/h udporta!/HUD?src=/program_offices/fair_housing_equal_o pp/FHLaws/EX011063 11246: http://www.eeoc.gov/eeoe/history/35th/thelaw/eo-11246.html 11375:Amended by ED 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086:http://www.archives.gov/federal-register/codification/executive-order/12086.htmI 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1.180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K. Section 504: http://www.epa,gov/civilrights/sec504.htm 29 USC 776:http://Iaw.onecle.com/uscode/29/776.html 24 CFR 570.614:http://www.Iaw,cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www,fhwa.dot.gov/realestate/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 29 CFR Parts 3 and 5- Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in whole or in part byLoans or Grants from the United States- http://www,law.cornell.edu/cfr/text/29/part-3 Naples Equestrian Challenge,Inc, CD14—14 NEC-Slte Development&Landscaping Page 25 Packet Page -1178- 3/22/2016 16.D.4. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects.http://www.presidency,ucsb.edu/ws/index.php?pid=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45-which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vo13/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit requirements for Grants and Agreements. 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeac/history/35th/thelaw/irca.html 4.21 Prohibition Of Gifts To County Employees- No organization or individual shall offer or give, either directly or indirectly,any favor,gift, loan,fee,service or other item of value to any County employee,as set forth in Chapter 112,Part III, Florida Statutes,Collier County Ethics Ordinance No.2004-05, as amended,and County Administrative Procedure 5311.Florida Statutes- http://www.lawserver.corn/law/state/florida/statutes/florida_statutes_chapter_112_part_iii Collier County- http://bccsp01/SiteDirectory/ASD/H R/labor/CMAs/Shared%20Documents/CMA%205311.1% 20Sta n d a rd s%20of%20Co n d uct.p df 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the .-. Contract Documents, the terms of the agreement shall take precedence over the terms of all Naples Equestrian Challenge,Inc. CD14—14 Page 26 NEC-Site Development&landscaping Packet Page-1179- r 3/22/2016 16.D.4. other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the agreement. To the extent any conflict in the terms of the Contract. Documents cannot be resolved by application of the Supplemental Conditions,if any,or the agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue-Any suit of action brought by either party to this agreement against the other party relating to or arising out of this agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under §44.102, Florida Statutes. The litigation arising out of this agreement shall be Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act,41 USC 7401,et seq.http://www.law.cornell.edu/uscode/text/42/7401. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 4.26 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, http://www.ecfr.gov/cgi-bin/text- Naples Equestrian Challenge,Inc. 0014—14 NEC-Site Development&Landscaping Page 27 Packet Page-1180- 3/22/2016 16.D.4. idx?c=ecfr&SID=eba40bdb52822d80827a48bcedsb0b56&rgn=div8&view=text&node=2 4:3.1,1.3.4.11,1.6&idno=24 4.27 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. http://www,ecfr.gov/cgi-hin/text-idx? c=ecfr&SID=eba40bdb52822d80 827a48bced5b0b56&rgn=div8&view=text&node-24:3. 1.1.3.4.11.1.9&idno=24 4.28 The.SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://www.nps.gov/history/local-law/nhpa1.966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main_02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nps^gov/history/lacal- law/nhpa 1966.htm 4.29 The SUBRECIPIENT must certify that It will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988(41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 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. http://www.ecfr,gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&idno=24 4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR et seq. 4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the County 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 Naples Equestrian Challenge,inc. cai4-14 NEC-Site Development&Landscaping Page 28 Packet Page -1181- Cic 3/22/2016 16.D.4. States, Local Governments, and Non-Profit Organizations. If this agreement is dosed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2011 Clarification of Eligible Audit Costs The Amendment to 92.206(4}(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.cornell.edu/cfritext/2/1/92.206 4.33 Any real property acquired by the SUBRECIP1ENT 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. http://www.fhwa,dot.gov/realestate/ua/index.htm http://www.law.cornell.edu/cfritext/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.34 As provided in§287.133, Florida Statutes by entering into this agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof.This notice is required by§ 287.133(3)(a), Florida Statutes. http://www,lawserver.com/law/state/florida/statutes/florida_statutes_287-133 4,35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-ILL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Naples Equestrian Challenge,Inc. CD14--14 Page 29 NEC-Site Development&Landscaping Packet Page -1182- 3/22/2016 16.D.4. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. • 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statutes 713.20, Part 1,Construction Liens http://www.leg.state.fl,us/Statutes/index,cfm?App_mode=Display_Statute&URL=0700- 0799/0713/0713.html 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florid a/statutes/florida_statutes_119-021 4.40 Florida Statutes,119.071,Contracts and Public Records http://www.leg.sta te.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.07.html (Signature Page to Follow) Naples Equestrian Challenge,Inc. CD14—14 page 30 NEC-Site Development Si Landscaping Packet Page -1183- 3/22/2016 16.[l.4. IN WITNESS WHEREOF,the Subreciplent and the County have each respectively,by an authorized person or agent hereunder set their hands and seats on the date first written above ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF C FLORIDA B � ,' 8y; TIM NANCE,CHAIRMAN Witness NAPLES EQUESTRIAN CHALLENGE, INC � ~ ~ Name and Title By: frtiAA - —~~~--' Kim Minarich Executive Director Witness '�° e' � � <�� Name a ^ `ma Approved as to form and legality: 8� Doptitic Jenni er A.Belpedio < '70 Assistant County Att. -y efS\ Attest as fettiainti. DC. \ innature only, Naples Equestrian Clialleiige,Inc. oom—o NEC-Site.Development&Landscaping Page 31 Packet Page -1184- 3/22/2016 16.D.4. PART V EXHIBITS • EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers'Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage.Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Naples Equestrian Challenge,Inc. C014—14 page 32 NEC-Site Development&Landscaping Packet Page -1185- r 3/22/2016 16.D.4. 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). 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. • Naples Equestrian Challenge,Inc. CD14-19 NEC-Site Development&Landscaping Page 33 Packet Page -1186- qo 3/22/2016 16.D.4. EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION I:REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: CD14-12 Payment Request 4 Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II:STATUS OF FUNDS Grant Amount Awarded $ Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum of Past Claims paid on this Account $ —.-_ Amount of Previous Unpaid Requests $ Amount of Today's Request $ 10% Retainage Amount Withheld Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIP1ENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required$15,000 and above) (Approval Required$15,000 and above) Naples Equestrian Challenge,Inc. • CD14-14 Page 34 NEC-Site Development&Landscaping Packet Page -1187- c 3/22/2016 16.D.4. EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee it,'ret uirerd to submit to HUD. through ough the Integrated Disbursement and Information System(ADIS"1 Performance Reports. The County reports information on a quarterly basis..To facilitate in the preparation of such reports. S tbrecipient shaal1 submit the information contained herein within ten(10)day:,of the end of each calendar quarter. QUARTERLY PROGRESS REPORT Sub-recipients:Please ti=tin the following shaded areas of the report Agency Name Pro:ert Titte: Alternate Program Contact: Contact Telephone Number: Activist•Reporting Period Report Due Date October 1'1—December:31" Jamiar 10th Jwuaty 31"—Much:it' April 10t April fa—Juoe 30th July 10'6 July 1'r—September 306 October 10*. Please take note: Each quaneriy report n_eds to ineude cumulative data beg it«-:ing from the start of the Agreement da e. Please list the outcome goaltst from your approved ap:p`ication&sub-recipient Agreement and indicate your progress in meeting 1. those goais since the beginning of the Agreement_ A.Outcome Goals: tilt the osiconre gca ifs}from your approved application.&SLt.:eclpient Agreement. Outcome 1:Certificate of Occupancy must be received no later than February t,2017 Outcome ';NEC must doamtent that,at least:t%of persc s sewed are lora to moderate income households Outcome 3:Minimum number tote served by 2023.me 2.60 individuals Outcome 4:ERR clearance achieYed.by Febtriarrr 29,2016 Outcome ;. Outcome tit Outcome 7: Naples Equestrian Challenge,inc. CD14-14 Page 95 NEC.Site Development&Landscapiflt Packet Page -1188- �AO 3/22/2016 16.D.4. IS.Ga+1Prorreo::f.4.tinx agrx:esx t:lsseum:cai_af•.1✓:n:.ong•t!. • Iv tivls pdtjset dal Iry cnlnpltamce with give cif lnat pra t tii .adlrla? It Mr.'90 titan x.mecrihs Da1atnd ts,•ftsta,to rit attlti.ellt a Mira .1 tlrr lrott 104 spproVat , 1x: l I t` I I lin..:apfa:::: slnca OCtct:4-]„ct trna pr-sang acetslw-C,lima many._- 1 e. _.=m::.are err:. cau.::=INW?-}Digit tts:e Y brztrL p- cri.la.eiTfsa,x3 act_'Sl..sstrvirtxbtatte C. ..sx:•ex tile.asehv_ac,L:ts!Cs tit awk.:[ttr.:atr,3tx3? TOTAL: 0 .1. Wait tttMITh i slreraea Ma swim lot tali poled!'program Sear? C^,tics s7.4i3e4,11'11-0 Fnn3s CDD3 E K +.d50s'f.darrl TtxrSe Sala La:1 Fasr3: S OME Soul Estitlemint Teo]'Chisel.Pao S.%s7? ran& OW. Naples Equestrian Challenge,Inc. CD14-14 Page 36 NEC-Site Development&Landscaping Packet Page -1189- Cilo • 3/22/2016 16.D.4. • • • • • . kY4aatle We tatnl lettfee4it t41114OUPL4a-0TEI ufttFc ifievOiR imariar, 1t Xtpnaetiet R Tt.d?a 4 i sim.k iwe,ae re-a Trca Ye r folk. caret•s=a:i.Tani e Tr zl Nt. tf skac+nitt r+..cf. \s t rM ..w.i +af °_4. c. Tingt V5.::T 1attisin Tty'C.e: TP:C•43.:4•Ywtn• Cat tpott;f•: 1- 9 •[Mal Ic Hit tt4il mortis 111,DUPLYCA TETI Whale tvatt dtDa 4vkbler. rbYPICaltda t:. Teed.o vite et Onaki lrl a..O. Teal.,.-wra •rimwatt t^ai a,4.:l C Tavel saxcr• ris?•k Color .--- Trcl.raga.T:.:a t_-.si wain 11 a T o l l T. riErT.w tstrt• Tr•al:•: aiL-eir Cal et imulali C..naIcc [ITlitR+ruesit r• t.'dk»I.Cr.ad4: -lam.es i_if:ru;rr= .sh•tc.n ti.-ant a est a:4."ef k_u trrantt wet4••a :<-.•c�l.x ocart tt if o.tae: roarer.; Carr.ra.Et1:..<a h-..„ati l..afa cx{... to NWT COM%tri t4T B dt'ttT 1(0 T A,%1.5. rP.Ed&64t0 .1104AC4ARY Q$TA; I D. !DINER E}E Ct.RY DATA: DNLNlife BANG* ttfru to Co unl aerator TY C?PLF fC1ytD NA:m: au elui t4r3111 .1 t1a4T3rr.tliD acne. rvaa.x r+asie atea den L> 4 ,.Ls 67f itaa k soca •t4nac fern)e: f .rl 6H orb taal. Octane t.risr3 pz.rnat kolas coerce:: nu/ +r raid czas' Or.cs'rl:ak eias(tie u::.a;att:a'../s a•• .sptIT au Alrser.1 Childrte.. HamsStst Pr_rrtoaly 17r_• Lsama <D•1i > Pttram Eulrttd S2.D1i Law Locasat i=1-.V.,%• 4ttsaas r: LLTS°:11D9 fJ;erty \Saltnla 1a om: ?1 15 f Ptraci Varrsea Raw:: b dtrilr %lom: Ckaaei:117■,, SS!t,.I IC Y§uictily Di.ib td R*1lf Ce.a-Ti.sy531 TOTAL 0 TCfratLe '7 j • • C. 'Rags]'B.Etlttdn'Dads: • ,tff eptitklttle) .. 1 Pleas:inchoate law .Corm-t t.pIJCATCD clients tertad eless Oatoher r 11 into each race category.Tat addldan ea tads • tear ca tecaay,glusa hullo se law many pen•as in each net category rang idcr Lketa.clves Si.Tta nit (Tool its an ecla:raa .la eat d aqu•al the total Led). PACE LOCO CI T 7• VOA Aim A-a...tr. -ahtst tta-.v rsz.. r. {:•u;ck? .1 wises. ear. = tar ale? of 1.Savia Gic:a PIO& Moir vitae i,.r z l:tt;v=d xf Aac::tt b1le..+_ter,l;:iat i a.1rs rn4a Its1 at R:tr+x1 of E'c4.:#;tr. .4x._-•i¢L 9..S:iat w.w ixw c-. t:is;vS. :f L Eat.ieie= hs ::$tae E<•:e : r. I is ea•,! ti v-a 54cati31 •r.9.: 's4•a >W = Trut 7:a1: life_ar.. Yea.r•.;.-?cant ata 5:7-1=4' r.lu.t:^stair raised Naples Equestrian Challenge,Inc. CD14—14 NEC-Site Development&Landscaping, Page 37 Packet Page-1190- 3/22/2016 16.D.4. EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits, Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets:All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 �. 4 5 6 7 8 0,00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than$5,000, multiply that amount by the rate specified. by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) - Napier Equestrian Challenge,Inc. CD14—14 NEC-Site Development&landscaping Page 38 Packet Page -1191- . �.1 3/22/2016 16.D.4. C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf of Minors Member / Public Other________ Salaries / Assistance Income (include tips, Pensions Asset commissions, Income bonuses,and nuorfii, (Enter the 1 greater of 2 box B(b)or 3 box B(c), 4 above,in 5 box C(e) 6 below) 7 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D, Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in item A, acceptable • verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty • of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S.775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co-Head of Household Date Adult Household Member(if applicable) Date Adult Household Member(if applicable) Date Naples Equestrian Challenge,Inc. cD14—14 NEC-Site Development&Landscaping Page 39 Packet Page -1192- . 3/22/2016 16.D.4. • E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s)a: r1 Very-Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ), I Low Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). I i Moderate Income (MOD) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size, (Maximum income Limit$ ). Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area (MSA)of Collier County,Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity B A:e Native American Hawaiian or Oth 0— 26— 41— Indian Asian Black Other Pac, White er 25 40 61 62+ Islander Hispanic Non- Hispani • NOTE; Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No • beneficiwy is required to give such information he or she desires to do so, and refirsal to give such irfrinolion will not cJitci any right he or she has to the CDBG progi-aln. • Naples Equestrian Challenge,Inc. CD14-14 NEC-Site Development&Landscaping Page 40 Packet Page -1193- I (.1%,;) 3/22/2016 16.D.4. EXHIBIT E ANNUAL AUDIT MONITORING REPORT o1yB; Olff ulaf,':A�133;quo(t5:;-._a�'`s tes,';,Loq 1,°:;Gavernmepls,': and•i htpia-Profit Org!anJzallons rewires tote t;ollier County Conpjt�uniky & Huni i i Services gepartment to monitor L our, oC Uie clrcu a at d wl ethei tit tr cam ane w,Il�fede al l ws riii a attofist,'Accordingl r n �h �. �' 4 p s:. .y. . . a .. �•�..� ng..Y... we'are,requiring,tM1 you,,checit gne of #h ,foJiOwlii9. piinvlde'ail:a{ipfoprla�e dgcil!ep'lallan.; regarding yp`ur organization s t orpplpnce !Jth the at dit requirement sign and g(e thf r lorfrt ,.vti`;: t:r•i?;:i:rli��' �i:i'•.ii:i•':iif:•• is q 2,, .S :f ub ..::::::...... :.:..... p. ...:,�:i` •.•a'a.. ...:,.L N,;.w:a;ra:a� :r q:i?k}::??;.:.... ..S.H.... - .�5:;..1.33;1' ::`Ip \:1,:.:+•{.: �i 3'.e' •.1 iii°'j1i ^:iii it'''.» T4 .S •i•'Flnah`ci .�ssf.t to, .al• .s an'ce�EK ended dtidli° ::: ='s:•: • ,••Y;IZrC9 t�• ., n �compteEetl:�Is�aliYear• .. - .. . :TQtaI::ederal fl. -c �, ,i}n..Is3.(Asslstattce:Exp(:ra ed:durinq� 1:: :�;'` '•. !;': n `'coin-IeEed'`:i7scaE'�le`•r:;`. .\ .. .... . ..'��`• Check Appropriate Boxes We have exceeded the$750,000 lederal/state expenditure threshold for our fiscal Et year ending as indicated above and have completed our Circular A-133 oudlt. A copy of the audit report and management letter are attached. We exceeded the$750,000 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 or OMB Circular A-133 because we: Did not exceed the$750,000 federal/state expenditure threshold for the fiscal year Indicated above Are a for-profit organization 'lc. Are exempt for other reasons—explain An audited financial statements Is attached and If applicable,the Independent auditor's Management letter. Of timings were noted,please enclose o copy of the responses end corrective action plan J Certification Statement hc'rcb"`ceiti "thnl the ab: is ' 't ; �.�.. •}',--' - ... G.. RYC,x;.fit�R?17dtIQ SI•i8.t11F��011(t.RCCilttlt�" '.;:' •�' i�;r;:;:.,;; „ signature Date Print Name and Title • •t. This form may be used to monitor Florida single-Audit Act(5tattrte 215.97]requirements. Naples Equestrian Challenge,Inc. • Caro NEC-Sit*Development&Landseaptn ' Pdc4 42 } Packet Page -1194