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Agenda 09/13/2016 R Item #16F 1 (Absentia 07-26-16)16.F.1.b COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority U) M c Q R w. E AGENDA 14 Board of County Commission Chambers E Collier County Government Center 3299 Tamiami Trail East, 3rd Floor o Naples, FL 34112 C Y July 26, 2016 u 12:00 AM Commissioner Donna Fiala, District 1- BCC Chair " Commissioner Tim Nance, District 5 - BCC Vice -Chair; CRAB Chair Commissioner Georgia Hiller, District 2 - Community & Economic Development Chair Commissioner Tom Henning, District 3 - PSCC Representative Commissioner Penny Taylor, District 4 - CRAB Vice -Chair; TDC Chair NOTICE: All persons wishing to speak on Agenda items must register aLLr to presentation of the Agenda item to be addressed. All registered speakers will receive up to three (3) minutes unless the time is adjusted by the chairman. Public Comment on General Topics not on the Current or Future Agenda to be heard no sooner than 1:00 p.m., or at the conclusion of the agenda; whichever occurs first. Requests to address the Board on subjects which are not on this agenda must be submitted in writing with explanation to the County Manager at least 13 days prior to the date of the meeting and will be heard under "Public Petitions." Public petitions are limited to the presenter, with a maximum time of ten minutes. Any person who decides to appeal a decision of this Board will need a record of the proceeding pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 2003-53 as amended by ordinance 2004-05 and 2007-24, requires that all lobbyists shall, before engaging in any lobbying activities (including but not limited to, addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance, Please contact the Collier County Facilities Management Division located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112-5356, (239) 252-8380; assisted listening devices for the hearing impaired are available in the Facilities Management Division. Packet Pg. 1960 1. 2. 3. 4. 5. 6. 7. Lunch Recess scheduled for 12:00 Noon to 1:00 P.M INVOCATION AND PLEDGE OF ALLEGIANCE AGENDA AND MINUTES 2.A. APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) SERVICE AWARDS 3.A. EMPLOYEE 3.A.1. 5 YEAR ATTENDEES 3.A.2. 10 YEAR ATTENDEES 3.A.3. 15 YEAR ATTENDEES 3.A.4. 20 YEAR ATTENDEES 3.A.5. 25 YEAR ATTENDEES 3.A.6. 30 YEAR ATTENDEES 3.A.7. 35 YEAR ATTENDEES 3.13. ADVISORY BOARD MEMBERS 3.13.1. 5 YEAR ATTENDEES 3.8.2. 10 YEAR ATTENDEES 3.13.3. 15 YEAR ATTENDEES 3.13.4. 20 YEAR ATTENDEES 3.13.5. 25 YEAR ATTENDEES 3.13.6. 30 YEAR ATTENDEES 3.13.7. 35 YEAR ATTENDEES PROCLAMATIONS PRESENTATIONS PUBLIC PETITIONS PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 16.F.1.b c m N Q c E `0 N E w- 0 c 0 :0 m U v< Y U ti 0} L c c Lo r O CN a� r C U Packet Pg. 1961 8. 9. 10. 11. 12. 13. 16.F;1.b Item 7 to be heard no sooner than 1:00 pm unless otherwise noted. BOARD OF ZONING APPEALS Item 8 to be heard no sooner than 1:30 pm unless otherwise noted. ADVERTISED PUBLIC HEARINGS Item 9 to be heard no sooner than 1:30 pm unless otherwise noted. BOARD OF COUNTY COMMISSIONERS COUNTY MANAGER'S REPORT 11.A. Recommendation to approve after -the -fact contracts, attestation statements and budget to reflect actual award of the Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly grants from Area Agency on Aging for Southwest Florida, Inc. (Net Fiscal impact $119,524.44). 11.13. Recommendation to approve the Third Amendment to the Subrecipient Agreement with Habitat for Humanity of Collier County, Inc. and the Fifth Amendment to the Developer's Agreement with Big Cypress Housing Corporation Inc. to clarify the period of performance terminology and incorporate 2 CFR Part 200 compliance requirements. These items have no new fiscal impact. 11.C. Recommendation to provide after -the -fact approval approve the submittal of an amended grant application for the EDA - Investments for Public Works and Economic Development Facilities to the Economic Department Administration (EDA) for the Immokalee Culinary and Agribusiness Accelerator. COUNTY ATTORNEY'S REPORT 12.A. Recommendation to approve five unpaid invoices for Purchase Order Nos. (1) 4500160254 (in the sum of $34,200); (2) 4500165598 (in the sum of $49,697); (3) 4500165569 (in the sum of $5,850; (4) 4500164552 (in the sum of $48,780); and (5) 4500166735 (in the sum of $49,975). OTHER CONSTITUTIONAL OFFICERS 13.A. To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between June 30 to July 13, 2016 pursuant to Florida Statute 136.06. 13.B. To provide the special interim reports for approval as detailed in Section 2c of the agreed-upon order dated July 16, 2015 by Judge James R. Shenko in the manner requested by the Board of County Commissioners (previously included in item 16.1) and that prior to payment, the Board approves these expenditures with a finding that said expenditures serve a valid public purpose and authorizes the Clerk to make disbursement. Packet Pg. 1962 14. 16.F,.1.b 13.C. Deny Item 13C. until such time as the Clerk certifies that the payables presented in this report have been pre -audited as previously specified by the Board: To provide to the Board a "Payables Report" for the period ending July 20, 2016 pursuant to the Board's request. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 14.A. AIRPORT 14.13. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 16.A. GROWTH MANAGEMENT DEPARTMENT 16.13. COMMUNITY REDEVELOPMENT AGENCY 16.C. PUBLIC UTILITIES DEPARTMENT 16.D. PUBLIC SERVICES DEPARTMENT 16.E. ADMINISTRATIVE SERVICES DEPARTMENT 16.E.1. Recommendation to approve an Assumption Agreement with DWJH, LLC d/b/a Leo's Sod, as it relates to the award of ITB #13- 6070R "Purchase and Delivery of Turf." 16.F. COUNTY MANAGER OPERATIONS 16.G. AIRPORT AUTHORITY 16.H. BOARD OF COUNTY COMMISSIONERS 16.1. MISCELLANEOUS CORRESPONDENCE 16.J. OTHER CONSTITUTIONAL OFFICERS 16.K. COUNTY ATTORNEY 17. SUMMARY AGENDA This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, Packet Pg. 1963 1 6F.16 all participants must be sworn in. 18. ADJOURN 19. ACTION ITEMS Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383. Packet Pg. 1964 16.f,1.b. 07/26/2016 EXECUTIVE SUMMARY Recommendation to approve after -the -fact contracts, attestation statements and budget to reflect actual award of the Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly grants from Area Agency on Aging for Southwest Florida, Inc. (Net Fiscal impact $119,524.44). OBJECTIVE: To provide uninterrupted support services to Collier Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors, managed within the Community and Human Services (CHS) Division, has provided support services to Collier County's qualified seniors for over thirty years through the Community Care for the Elderly (CCE), Alzheimer's Disease Initiative (ADI), and Home Care for the Elderly (HCE) grant programs. These grants are funded by the Florida Department of Elder Affairs through the Area Agency on Aging of Southwest Florida, Inc. (Agency). These grants fund services to seniors and their caregivers, allowing them to remain in their homes and live with independence and dignity. On July 8, 2014, the Board approved the current Master Contract for Federal and State Programs (Agenda item 16D15). The Master Contract provides the Agency's standard terms and conditions for CCE, ADI and HCE programs and end on June 30, 2017. Under this Master Contract, the Agency provided program funding allocation contracts for the current year, July 1, 2016 through June 30, 2017. To prevent a disruption of service, an estimated budget that included award amounts, Agency retained amounts, match and co -payment amounts, based upon the previous year's allocation, was presented to the Board and approved May 10, 2016 (Agenda item 16D1). Actual allocations are more than the estimated budget for CCE and ADI awards, local match and co- payment. The allocation has remained the same for HCE. These contracts shall have an effective date of July 1, 2016. The following table provides a detailed breakdown of the necessary adjustments to the awards, local match budgets and co -payment budgets set forth in the proposed contracts: Program Project Approved Actual Award Local Estimated Awarded Difference Match Budget Budget Difference* Community Care for the 33462 $747,745.00 $802,100.00 $54,355.00 $831.44 Elderly (CCE) Alzheimer's Disease 33461 $236,025.00 $312,015.00 $75,990.00 Initiative (ADI) Home Care for the 33463 $35,894.00 $22,538.00 ($13,356.00) Elderly (HCE) Total $1,019,664.00 $1,136,653.00 $116,989.00 $831.44 10% Match is Award divided by .9, multiplied by. 1, per grantor requirements, rounoea up to nearest Packet Pg. 1965 16.F.1.b 07/26/2016 dollar to ensure compliance with matching requirements. "The estimated HCE Basic Subsidy of $26,712.00 is to be retained by the grantor agency, and therefore is not included within Collier County's budget. Program Project Estimated Budget Actual Co -Payment Increase/ Budget (Decrease) CCE Co -Payment Budget 33351 $21,240.00 $26,448.00 $5,208.00 ADI Co -Payment Budget 33352 $9,720.00 $6,216.00 ($3,504.00) Total 1$1,704.00 The Agency routinely sends Collier County Services for Seniors contracts which require a few weeks turnaround time. This time frame makes it impossible to process the documents for Boards approval in the time requested by the Agency. The contracts for the CCE, ADI and HCE programs are being presented as "after -the -fact" because Collier County received the grant contracts on June 28, 2016.with an effective contract date of July 1, 2016. Consequently, pursuant to CMA 5330 and Resolution No. 2010- 122, the County Manager authorized Steve Carnell, Public Services Department Head to sign the contracts. These contracts are being presented for Board Ratification. County as the Lead Agency is responsible to respond to seniors needs and manage the spending authority for CCE, ADI, and HCE program services. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: Budget amendments are required to recognize the actual grant revenue of $1,136,653.00 for the SFY CCE, ADI, and HCE grant programs funded by the Florida Department of Elder Affairs which reflects an increase of $116,989.00 in grant revenue from the estimated budget previously approved. Budget amendments are also required for the increase of $831.44 in required CCE local match and for the increased co -payment goals for CCE of $5,208 and ADI decrease of 53,504. Funding; will reside in Iln-man Services Grant Fund 707 Projects 33462 (CCE); 33461 (ADI); 33463 (NCE), 33351 (CCE Co -Pays), and 33352 (ADI Co -Pays). GROWTH MANAGEMENT: There is no growth management impact from this recommendation. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATIONS: That the Board of County Commissioners approves the "after -the -fact" contracts and attestation statements with Area Agency on Aging for Southwest Florida, Inc. and authorize the budget amendments. Prepared by: Lisa N. Carr, Grants Coordinator, Community and Human Services, Public Services ATTACHMENT(S) 1. CCE CONTRACT 203.16 (PDF) 2. ADI CONTRACT 203.16 (PDF) Packet Pg. 1966 3. HCE CONTRACT 203.16 (PDF) 4. FEDERAL AND STATE MASTER CONTRACT (PDF) 1 6.F1:6 07/26/2016 Packet Pg. 1967 16.F.1:b 07/26/2016 COLLIER COUNTY Board of County Commissioners Item Number: 11.A Item Summary: Recommendation to approve after -the -fact contracts, attestation statements and budget to reflect a total award of the Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly grants from Area Agency on Aging for Southwest Florida, Inc. (Net Fiscal impact $119,524.44). Meeting Date: 07/26/2016 a� Prepared by: Title: Grants Coordinator — Community & Human Services o Name: Lisa Carr .� 07/25/2016 2:56 PM W Submitted by: Title: Division Director - Cmnty & Human Svc — Public Services Department Name: Kimberley Grant 07/25/2016 2:56 PM Approved By: Review: Community & Human Services Community & Human Services Public Services Department Community & Human Services Public Se -vices Department Public Services Department Public Se -vices Department County Attorney's Office Grants Office of Management and Budget Budget and Management Office County Attorney's Office County Manager's Office Board of County Commissioners Kristi Sonntag Level 1 Sim. Reviewer 1-8 Dora Carrillo Level 1 Sim. Reviewer 1-8 Hailey Margarita Alonso Level 1 Division Reviewer Maggie Lopez Level 1 Sim. Reviewer 1-8 Kimberley Grant Level 1 Sim. Reviewer 1-8 Amanda 0. Townsend Level 1 Sim. Reviewer 1-8 Steve Carrell Level 2 Division Administrator Review Jennifer Belpedio Level 2 Attorney of Record Review Erica Robinson Level 2 Grants Review Valerie Fleming Level 3 OMB Gatekeeper Review Mark Isackson Level 3 OMB 1st Reviewer 1-4 Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 07/25/2016 3:13 PM 00 T Completed 07/25/2016 3:14 PM Completed 07/25/2016 4:01 PM L) M CL. Completed 07/25/2016 4.21 PM m Completed 07/25/2016 6:14 PM Q Completed 08/05/2016 9:19 AM m C Completed 07/26/2016 8:58 AM w .II Completed 07/26/2016 9:11 AM < C Completed 07/26/2016 12:00 PM a Completed 07/26/2016 12:11 PM N N Completed 07/26/2016 1:40 PM y Completed 07/26/2016 2:40 PM Completed 07/26/2016 4:18 PM 07/26/2016 12:00 AM u m 20 Packet Pg. 1968 July 2016 -- June 2017 AREA AGENCY ON AGING FOR ISOUTHWEST FLORIDA, INC. COMMUNITY CARL FOR THE ELDERLY PROGRAM CONTRACT CCE 16F.1.b COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS c THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc, (Agency) and Collier County Board of County Coinmissioners (Contractor), and collectively referred to as the "Parties." The term Lt Contractor for this purpose may designate a Vendor, Subgrantee or Subrecipient. M WITNESSETH THAT: WHEREAS, the Agency has determined that it is in need of certain services as described herein; and E WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such 0 services as an independent Contractor of the Agency. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual E a� covenants and conditions hereinafter set forth, the Parties agree as follows: '= 0 1. Pul-nose of Contract The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract forms, references incorporated, which constitute the contract document. c 0 including all attachments, exhibits and 2. iucornoratim► of Documents within the Contract The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department handbooks, r u: manuals or desk books and Master Contract number HM014, as an integral pail of the contract, except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents t- referenced above, the specific provisions and requirements of the contract documents) shall prevail over inconsistent provisions in the proposal(s) or other general materials not specific to this contract document and identified attachments. 00 3. Terra of CoUract This contract shall begin at twelve (12:00) A.M., Eastern Standard Time Jt►ly 1, 2016 or on the date the contract has 0 x a been signed by the last party required to sign it, whichever is later. It shall end at eleven fifty-nine (11:59) P.M., Eastern 0 Standard Time June 30, 2017. 4. Contract Amount The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $802,100.00, or the rate schedule, subject to the availability of funds. Any costs or services paid for Q under any other contract or from any other source are not eligible for• payment under this contract. < Q0 5. n R'a15 By mutual agreement of the Parties, in accordance with s. 287.058(1)(g), Florida Statutes, the Agency may renew 0 N the contract for a period not to exceed three years, or the term of the original contract, whichever is longer. The renewal cam" price, or method for determining a renewal price, is set forth in the bid, proposal, or reply. No other costs for the renewal ? may be charged. Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the Agency and the availability of funds. E r U ti r.• Q Packet Pg. 1969 July 2016 – June 2017 6. Official Payee and Reni•esentatives (Names. Addresses, and Tel r hone Numhersl: CCE 16.F.1.b 7. All Tei'ms_and Conditions Included, This contract and its Attachments, I -- III, VI – IX and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF, the Parties hereto have caused this 29 page contract, to be executed by their undersigned officials as duly authorized. Contractor: COLLIER COUNTY BOARD OF COUNTY COMMISSIONER/// S SIGNED BY: NAME: Steve Carnell TITLE: Public Services Department Head DATE: —T—P Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 2 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED BY: NAME: MARIANNE G LORINI TITLE: PRESIDENT/CEO DATE: Approved as to form and legality Assistant County Attorney Packet Pg. 1970 The Contractor name, as shown on page I of thiso CollierCounty Board of County Comrnissioners /oCollier County Community and Human Services. a. contract, and mailing address of the official payee to 3339 E Tamiami Trail, Suite 211 whom the payment shall be made is: Naples, FL 34112 b' The name of the contact person and street address where Kimberley Grant, Director County Board of County Commissioners financial and administrative records are maintained is: oCollier /oCollier County Community and Human Services 3339 E Tarniami Trail, Suite 211 Naples, FL 34112 C. The name address and telephone number of the Kimberley Grant, Director Collier County Board of County Commissioners representative of the Contractor responsible for %Collier County Community and Human Services administration of the program under this contract is: 3339 E Tainiami Trail, Suite 211 Naples, FL 34112 (239)252-2273 The section and location within the Agency where Area Agency on Aging for Southwest Florida, Inc. d' Requests for Payment and Receipt and Expenditure 15201 North Cleveland Avenue, Suite 1100 forms are to be mailed is: North Fort Myers, FL 33903 Tammy Rhoades, Vice President of Finance c. The name, address, and telephone number of the Area Agency on Aging for Southwest Florida, Inc. Contract Manager for this contract is: 15201 North Cleveland Avenue, Suite 1100 North Fort Myers, FL 33903 239-652-6900 Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. 7. All Tei'ms_and Conditions Included, This contract and its Attachments, I -- III, VI – IX and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF, the Parties hereto have caused this 29 page contract, to be executed by their undersigned officials as duly authorized. Contractor: COLLIER COUNTY BOARD OF COUNTY COMMISSIONER/// S SIGNED BY: NAME: Steve Carnell TITLE: Public Services Department Head DATE: —T—P Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 2 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED BY: NAME: MARIANNE G LORINI TITLE: PRESIDENT/CEO DATE: Approved as to form and legality Assistant County Attorney Packet Pg. 1970 July 2016 — Jane 2017 INDEX OF ATTACHMENTS CCE 16F.1.b ATTACHMENTI .................................................... I ........................ I ................................4 STATEMENT OF WORK ATTACHMENTI1 .............................. I ................. I............ I .........................................17 CERTIFICATIONS AND ASSURANCES ATTACHMENTIII...........................................................................................................20 EXHIBIT 1: FINANCIAL AND COMPLIANCE AUDIT EXHIBIT 2: FUNDING SUMMARY ATTACHMENTVI..........................................................................................................26 ANNUAL BUDGET SUMMARY and RATE SUMMARY ATTACHMENTVII......................................................................................................... 27 INVOICE REPORT SCHEDULE ATTACHMENTVIII............................................................................................................28 REQUEST FOR PAYMENT ATTACHMENTIX.........................................................................................................29 RECEIPT AND EXPENDITURE REPORT R Packet Pg. 1971 July 2016 — June 2017 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. STATEMENT OF WORK CCE 2 16.F.1.b ATTACHMENT I L SER [ICES TO BE PROVIDED c A. Definitions of Terms a� 1. Contract Act•onyms .2 Area Agency on Aging (AAA) m Adult Protective Services (APS) Adult Protective Services Referral Tracking Tool (ARTT) Q c Corrective Action Plan (CAP) Community Care for the Disabled Adult (CCDA) o Community Care for the Elderly (CCE) N Client Information and Registration Tracking System (CIRTS) d Department of Children and Families (DCF) (DOEA)/Department Florida Statutes (ES.) Home Care for Disabled Adults (HCDA) o Notice of Instruction (NOI) Planning and Service Area (PSA) Summary of Programs and Services (SOPS) 2. Program Specific Terms c9 Adult Protective Serwices Referral Traeldng Tool: A system designed to track DCF APS referrals to AAAs and CCE Lead Agencies for victims of second part), abuse, neglect, and exploitation who need home and co community-based services as identified by APS staff. Aging Out: The condition of reaching 60 years of age and being transitioned from the DCF, CCDA, or HCDA 0 services to DOEA's community-based services. a. Area Plan: A plan developed by the Area Agency on Aging for SOuthwest Florida, Inc. outlining a 5 comprehensive and coordinated service delive►y system in its PSA in accordance with the Section 306 (42 Q U.S.C. 3026) of the Older Americans Act and Department histructions. The Area Plan includes performance measures and unit rates per service offered per county. `t Area Plan Update: A revision to the Area Plan wherein the AAA enters CCE specific data in the CIRTS. An update may also include other revisions to the Area Plan as instructed by DOEA. Department of Elder Affairs Programs and Services Hanclboolc: An official document of the State of 0 Florida, DOEA, The Handbook includes program policies, procedures, and standards applicable to agencies211 n' whieh are recipients of DOEA-flinded programs, and providers of program -funded services. An annual update is provided through a Notice of Instruction, w Functional Assessment: A comprehensive, systematic, and multidimensional review of a persons ability to c� E remain living independently in the least restrictive living arrangement. 4 il Packet Pg. 1972 July 2016 -- June 2017 CCE 1ti.F.1.b a. Be at least 60 years of age; b. Be functionally impaired as dete►•mineci through the comprehensive assessment; and Packet Pg. 1973 Notice of Instruction (NOI): The Department's established method to communicate to the Agency and/or Contractor the requirements to perform particular tasks or activities. NOIs are located on the Department's website at littp:Helderaffairs state fl.t►s/doea/'iiois/ I . Program Highlights: Success stories, quotes, testimonials, or lannatr-interest vignettes that are used in the a, Summary of Programs and Services to demonstrate how programs and services help elders, families, and ��— a� caregivers. Stnntnaty of Programs and Set•vices (SOPS): A document produced by DOEA and updated yearly to provide m the public and the Legislature with information about programs and services for Florida's elders. y d B, General Description c E 1. General Statement The primary purpose of the CCE Program is to prevent, decrease, or delay premature or inappropriate and 0 4 - N expensive placement of elders in nursing homes and other institutions. 2. Community Care for the Elderly Mission Statement 0 r - The CCE Program assists finrctionally-impaired elderly persons in living as independently as possible, in the • least restrictive environment suitable to their needs. The program provides a continuum of care through the development, expansion, reorganization, and coordination of multiple community-based services. 3. Authority r The relevant authorities governing the CCE Program are: T a. Rule 58C-1, Florida Administrative Code; b. Sections 430.201 through 430.207, F.S.; and c. The Catalog of State Financial Assistance (CSFA) Number 65010. CLI U CL 4. Scope of Setvice 0 ............. am .. _..., .......,L _. _.....manz, The Tho AaPnr.�r is ta.ctinitcihlP fnr t}te »rnaranunatir. ficcai anA nneratinnal c -a-.. r.... . r. b ............ . services Shall be provided in a manner consistent with the Agency's current Area Plan, as updated, and the current DOEA Programs and Services IIandbook, which are hereby incorporated by reference. < 5. Major Program Goal The major goals of the program are to preserve the independence of elders and prevent or delay more costly institutional care through a community care service system that provides case management and other in -borne and community services as needed under the direction of a lead agency and to provide a continuum of service alternatives that meets the diverse needs of fitnetionally-impaired elders. �v C. Clients to be Sci-ved 1. General Description The CCE Program provides a continuum of services for functionally -impaired elders. 2. Client Eligibility U In order to receive services under this contract, an applicant must: Q a. Be at least 60 years of age; b. Be functionally impaired as dete►•mineci through the comprehensive assessment; and Packet Pg. 1973 July 2016 — June 2017 c. Not be dually enrolled in the CCE program and a Medicaid -capitated long-term care program. d. Be aging out as defined in Section I.A. 2. of this contract. CCE 2 3. Targeted Groups Priority for services provided under this contract shall be given to those eligible persons assessed to be at risk of placement in an institution or who are abused, neglected, or exploited. 11 MANNER OFSER►'ICE PROVISION A. Service Tasks To achieve the goals of the CCE Program, the Contractor shall perforin, or ensure that its Subcontractors perform, the following tasks: 1. Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a client is based on meeting the requirements described in section I.C.2. 2. Assessment and Prioritization of Seiwice Delivery for New Clients The Contractor shall ensure the following criteria are used to prioritize new clients for service delivery it] the sequence below. It is not the intent of the Department and/or Agency to remove existing clients from services in order to serve new clients being assessed and prioritized for service delivery. DCF APS High Risk individuals: The Contractor shall ensure that pursuant to Section 430.205(5) (a), Florida Statutes, those elderly persons who are determined by DCF APS to be victims of abuse, neglect, or exploitation who are in need of immediate services to prevent further harm, and are referred by APS, will be given primary consideration for receiving CCE services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the Agency or as established in accordance with local protocols developed between Agency service contractors and APS. The Contractor shall follow guidelines for DCF APS High Risk referrals established in the APS Operations Manual, which is incorporated by reference. b. For DCF APS Low, Intermediate, and High Risk Referrals for individuals enrolled in a Medicaid long-term care program at the time of referral to the Contractor or Subcontractor, the Contractor shall: (1) Ensure that the intake entity contacts and notifies the DCF APS protective investigator that the referral was not accepted because the referred individual is enrolled in a Medicaid long-term care program; and (2) Ensure that the intake entity notes that the referred individual is enrolled in a Medicaid long-term care program in the ARTT as the reason for rejection. c. Imminent Risk individuals: Individuals in the community whose mental or physical health condition has deteriorated to the degree that self-care is not possible, there is no capable caregiver, and nursing home placement is likely within a month or very like]}, within 3 months. d. Aging Out individuals: Individuals receiving CCDA and HCDA services through the Department of Children and Families' Adult Services transitioning to community-based services provided through the Department when services are not currently available. e. Service priority for individuals not included in a., c., and d. above, regardless of referral source, will be determined through the Agency's functional assessment administered to each applicant, to the extent finding is available. The Contractor shall ensure that first priority is given to applicants at the higher levels of r RT 00 T_ Packet Pg 1974 July 2016 - June 2017 CCE 2 16.F.1.b frailty and risk of nursing home placement. For individuals assessed at the same priority and risk of nursing home placement, priority will be given to applicants with the lesser ability to pay for services. 3. Referrals for Medicaid Waiver Services a. The Contractor must require Subcontractors, through the performance of the client assessment, to identify potential Medicaid eligible CCE clients and to refer these individuals for application for Medicaid Waiver services. b. The Contractor must require individuals Nvho have been identified as being potentially Medicaid Waiver .° eligible to apply for Medicaid Waiver services in order to receive CCE services. These individuals may only � CCE services while the Medicaid Waiver eligibility determination is pending. If the client is found receive ineligible for Medicaid Waiver services for any reason other than failure to provide required documentation, < then the individual may continue to receive CCE services. E 0 c. The Contractor must advise individuals who have been identified as being potentially Medicaid Waiver N eligible of the responsibility to apply for Medicaid Waiver services as a condition of receiving CCB services E while the eligibility determination is being processed. `- 0 4. Program Services .2 The Contractor shall ensure the provision of program set -vices is consistent with the Agency's current area plan, as updated and approved by the Agency, and the current DOEA Programs and Services Handbook. »_ ar B. Use of Subcontractors If this contract involves the use of a Subcontractor or third party, then the Contractor shall not delay the ri implementation of its agreement with the Subcontractor. if any circumstance occurs that Inay result in a delay 6 for a period of 60 days or more the initiation of the subcontract or tine perfornnance of the Subcontractor, the Contractor shall notify the Agency's Contract Manager and the Agency's Vice President Financial Officer in writing of such delay. The Contractor shall not permit a Subcontractor to perform services related to this Z� agreement without having a binding Subcontractor agreement executed. ht accordance with Section 23.1 of Master Contract, the Agency will not be responsible or liable for any obligations or claims resulting from such action. C_ S" Cz 1. Copies of Subcontracts The Contractor shall submit a copy of all subcontracts to the Contract Manaer within thirty days of the g i 0 < subcontract being executed. Nc 2. Monitoring the Performance of Subcontractors The Contractor shall monitor, at least once per year, each of its Subcontractors, Subrecipients, Vendors, and/or < Consultants paid from funds provided under this contract. Tine Contractor shall perform fiscal, administrative and programmatic monitoring to ensure contractual compliance, fiscal accountability, programmatic performance and c compliance with applicable state and federal laws and regulations. The Contractor shall monitor to ensure that `" tine schedules are met, the budget and scope of work are accomplished within the specified tune periods, and N other performance goals stated in this contract are achieved. C. Staffing Requirements c r 1. Staffing Levels U The Contractor shall dedicate the staff necessary to nneet the obligations of this contract and ensure that subcontractors dedicate adequate staff, accordingly. 7 Packet Pg. 1975 July 2016 — June 2017 CCE 2 16.F.1.b 2. Professional Qualifications The Contractor shall ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the DOEA Programs and Services Handbook. 3. Service Times The Contractor shall ensure the availability of services listed in this contract at times appropriate to meet client service needs, at a minimum during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. D. Deliverables The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. Delivery of Service to Eligible Clients The Contractor shall ensure the provision of a continuum of services that meets the diverse, individual, and assessed needs of each functionally -impaired elder. The Contractor shall ensure performance and reporting of the following services in accordance with the Contractor's current Agency -approved Area Plan, the current DOEA Programs and Services Handbook, which is incorporated by reference, and Section II.A.1-4 of this contract. Documentation of service delivery must include a report consisting of the following number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. The services include the following categories: a. Core Services for Programmatic Operation The Contractor sliall ensure that core services include a variety of in-home services, day care services, and other basic services that are most needed to prevent unnecessary institutionalization. Core set -vices, to be provided at the unit rate identified in the Contractor's Area Plan, as updated, include the following: (1) Adult Day Care; (2) Chore Services; (3) Companionship; (4) Escort; (5) Financial Rist: Reduction; (6) Home Delivered Meals; (7) Homemaker; (8) Housing Improvement; (9) Legal Assistance; (10) Pest Control Services; (11) Respite Services; (12) Shopping Assistance; and (13) Transportation. b. Health Maintenance Services The Contractor shall ensure that health maintenance services are made available as necessary to maintain the health of functionally -impaired elders. These services are limited to medical therapeutic services and non- medical prevention services. Typical services to be provided at the unit rate identified in the Contractor's Area Plan, as updated, include the following: (1) Adult Day Health Care; (2) Emergency Alert Response; (3) Gerontological Counseling; (4) Health Support; (5) Home Health Aide; (8) Nutrition Counseling; (9) Occupational Therapy; (10) Personal Care; (11) Physical Therapy; (12) Skilled Nursing Services; Packet Pg. 1976 July 2016 — June 2017 (6) Medication Management; (7) Mental Health Counseling/Screening; (13) Specialized Medical Equipment, Services and Supplies; and (14) Speech Therapy. CCB c. Other Support Services The Contractor shall ensure that support services expand the continuum of care options to assist functionally- N S impaired elders and their caregivers. Support services to be provided at the unit rate identified in the Contractor's Area Plan as updated, include the following: (1) Caregiver Training/Support; (4) Material Aid; and c (2) Case Aid; (5) Other services, as approved by the Agency. C c (3) Case Management; F 0 L 2. Setwices and Units of Sewices E The Contractor shall ensure that the provision of services described in the contract is in accordance with the current DOEA Programs and Services Handbook and the service tasks described in A T TACH - 0 MENT VI lists the services that can be perfortned, the highest reimbursement unit rate, the method of payment, C and the service unit type. Units of service will be paid pursuant to the rate established in the Agency's Area Plan as 2 updated, as shown in ATTACHMENT VI, and approved by the Agency. E. Reports The Contractor shall respond to additional routine or special requests for information and reports required by the Agency in a timely manner as determined by the Contract Manager. The Contractor shall establish reporting ti deadlines and due dates for Subcontractors that permit the Contractor to review and validate the data, and meet the t - Agency's reporting requirements. r 1. CIRTS Reports The Contractor shall ensure timely input of CCE -specific data into CIRTS. To ensure CIRTS data accuracy, the x Contractor shall use CIRTS-generated reports which include the following: tL (a) Client Reports; V (b) Monitoring Reports; (c) Services Reports; c (d) Miscellaneous Reports; n (e) Fiscal Reports; Q (f) Aging and Disability Resource Center Reports; and (g) Outcome Measurement Reports. o N N 2. Service Cost Reports 2:1 The Agency shall require the Contractor to submit Annual Service Cost Reports, which reflect actual costs of 4 providing each service by program. This Annual Service Cost Report provides information for planning and negotiating unit rates. The General Revenue Service Cost Reports are due by August 15, 2016 for the prior a) year. Y Y 4 9 Packet Pg. 1977 July 2016 — June 2017 CCE 16:F,1,b 3. Surplus/Deficit Report (Lead Spending Report) The Contractor shall submit a Consolidated Surplus/Deficit Report, in a format provided by the Agency to the Area Agency Contract Manager, by the 18th of each month. This Consolidated Surplus/Deficit Report is for a]I agreements and contracts between the Contractor and the Agency and must include the following: (a) Contractor's current status regarding surplrs/deficit; (b) The Contractor's detailed plan on how the surplus/deficit spending exceeding the threshold specified by a, the Agency will be resolved; (c) Recommendations to transfer funds to resolve surplus/deficit spending; a� (d) Input from the Agency's Board of Directors out resolution of spending issues, if applicable; (e) Number of clients currently on APCL that receive a priority ranking score of 4 or 5; and c (1) Number of clients currently on the APCL designated as Imminent Risk. E F. Records and Documentation h 1. Requests for Payment The Contractor shall maintain documentation to support Requests for Payment that sliall be available to the o Agency or authorized individuals upon request, e 0 2. CIRTS Data and Maintenance :a U The Contractor shall ensure, on a monthly basis, collection and maintenance of client and service information in CIRTS or any such system designated by the Agency. Maintenance includes accurate and current data, and valid exports and backups of all data and systems according to Agency standards. 3. Data Integrity and Bach up Procedures t6 Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and solhvare is required to recover from losses or outages of the computer system. Data 00 and software essential to the continued operation of contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. It is recommended that a copy of the backed up data be stored in a secure, offsite location. CL 4. lolles and Procedures for Records and Documentation The Contractor shall maintain written policies and procedures for computer system backup and recovery and Q shall have the same requirement of its subcontractors. These policies and procedures shall be made available to the Agency upon request. G. Performance Specifications N Q c 1. Outcomes and Outputs (Performance Measures) The Contractor must: c®.► a. Ensure the prioritization and service provision of clients in accordance with Section II.A.2. of this contract; ( N >, b. Ensure the provision of the services described in this contract are in accordance with the current DOEA Programs and Services Flandbook and Section II.A.1-4 of this contract; c. Timely submit to the Agency all required documentation and reports described in Section II.E.; and r d. Timely (in accordance with ATTACHMENT VII) and accurately submit to the Agency ATTACHMENTS VIII & IX, and supporting documentation. 10 Packet Pg. 1978 July 2016 — June 2017 16.f.1.b CCE2 2. Monitoring and Evaluation Methodology The Agency will review and evaluate the performance of the Contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, and/or on-site visit(s). The Agency's determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with file Agency in monitoring the progress of completion of the service tasks and deliverables. The Agency may use, but is not limited to, one or more of the following methods for monitoring: a. Desk reviews and analytical reviews; b. Scheduled, unscheduled, and follow-up on-site visits; C. Client visits; (1. Review of independent auditor's reports; e. Review of third -party documents and/or evaluation; f. Review of progress reports; g. Review of customer satisfaction surveys; It. Agreed-upon procedures review by an external auditor or consultant; i. Limited -scope reviews; and j. Other procedures as deemed necessary. H. Contractor Responsibilities 1. Contractor Accountability All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Contractor, and for which, by execution of the contract, the Contractor agrees to be held accountable. 2. Coordination with Other Providers and/or Entities Notwithstanding that services for which the Contactor is held accountable involve coordination with other entities in performing the requirements of the contract; the failure of other entities does not alleviate the Contractor from any accountability for tasks or services that the Contractor is obligated to perform pursuant to this contract. i. Agency iceapuiisfuluura 1. Agency Obligations The Agency will provide technical support to assist the Contractor in meeting the requirements of this contract. 2. Agency Determinations The Agency reserves the exclusive right to make certain determinations in the tasks and approaches. The absence of the Agency setting forth a specific reservation of rights does not mean that all other areas of the contract are subject to mutual agreement. III. METHOD OF PAYMENT A. Payment Methods Used The Method of Payment for this contract is a combination of fixed-fee/unit rate, cost reimbursement, and advance payments, subject to the availability of funds and Contractor performance. Tile Agency will pay the Contractor upon satisfactory, completion of the Tasks/Deliverables, as specified in Section 1I. D., and in accordance with other terms and conditions of the contact. c W a M a� N c E 0 E C) 0 C 0 w m U w= Y r u: r Co Y W Y U m n. c; as 4 ti as N Q Lo 0 N 4? N , 7 w C) E v Packet Pg. 1979 July 2016 — June 2017 CCE 2 1. Fixed Fee[Unit Rate Payment for Fixed Fee/Unit Rates sliall not exceed amounts established in ATTACHMENT VI, per unit of service. 2. Cost Reimbursement Payment may be authorized only for allowable expenditures, which are in accordance with the services specified in ATTACHMENT VI. All Cost Reimbursement Requests for Payment must include the Request for a, Payment Report (ATTACHMENT VIII) and Receipt and Expenditure Report (ATTACHMENT IX) �F= beginning with the first month of the contract. 3. Advance Payments :4 The Contractor may request up to two (2) months of advances at the start of the contract period to cover program N service costs. The payment of all advance will be contingent upon the sufficiency and amount of funds released to the Agency and the Department by the State of Florida ("budget release"). The Contractor's requests for C advances require the approval of the Agency and/or DOEA Contract Manager. The Contractor shall provide the E Agency Contract Manager documentation justifying the need for an advance and describing how the fitnds will be distributed. If sufficient budget is available, the Agency will issue approved advanced payments after July I st of the contract year. a. All advanced payments retained by the Contractor must be fully expended no later thanSeptember 34, 2016. Any portion of advanced payments not expended must be recouped on tine Invoice Schedule, report number 5, due to the Agency on October 4, 2016, in accordance with the Invoice Schedule, ATTACHMENT VII. v b. All advance payments made by the Contractor shall be reimbursed to the Agency as follows: At least one— tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment, starting with report number five, in accordance with the Lrvoice Sebedule, ATTACHMENT VII. 6 r B. Metbod of Invoice Payment r cr co Payment shall be made upon the Contractor's presentation of an invoice subsequent to the acceptance and approval i by the Agency of tine deliverables shown on the invoice. The form and substance of each invoice submitted by the Contractor shall be as follows: 1. have a Remittance Address That corresponds exactly to the "Re;iiit To" adui'ess provided to MJFMr' dull ,Hig registration; 2. Request payment on a monthly basis for the units of services established in the Agency's approved Area Plan and provided in conformance with the requirements as described in the DOEA Programs and Services Handbook, at the rates established in ATTACHMENT VI of the contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and. rate per service unit with calculations that equal the total invoice amount. Any requested changes to the approved budget subsequent to the execution of the contract, must be submitted to the Contract Manager for approval. Any change to the total contract amount requires a formal amendment; 3. All Requests for Payment shall be based on the submission of monthly F,xpenditure Reports beginning with the first month of the contract. The schedule for submission of advance requests (when available) and invoices is Invoice Schedule, ATTACHMENT VII. 12 Packet Pg. 1980 July 2016 — June 2017 CCE 2E6.F1b C. Payment Withholding Any payment due by the Agency under the terms of this contract may be withheld pending the receipt and approval by the Agency of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved as outlined in Section 26 of the Master Contract. D. Final Invoice Instructions The Contractor shall submit the final Request for Payment to the Agency no later than July 25, 2017. E. CIRTS Data Entries for Subcontractors The Contractor must enter all required data for clients and services in the CIRTS database per the DOEA Programs and Set -vices Handbook and the CIRTS User Manual — Aging Provider Nchvork users (located in Documents on the CIRTS Enterprise Application Services). Contractors must enter this data for the previous month's billing no later than the 9°i of each month into CIRTS prior to submitting their requests for payment and expenditure reports to the Agency. F. Contractor's Monthly CIRTS Reports The Contractor "lust run monthly CIRTS reports and verify client and service data in the CIRTS is accurate. This report niust be submitted to the Agency with the monthly request for payment and expenditure report and must be reviewed by the Contractor before the Contractor's request for payment and expenditure reports can be approved by the Agency. G. Corrective Action Plan 1. Contractor shalt ensure 100% of the deliverables identified in Section 11. D. 1-3 of this contract, are performed pursuant to contract requirements. 2. If at any time the Contractor is notified by the Agency Contract Manager that it has failed to correctly, completely, or adequately perform contract deliverables identified in Section 11. D. 1-3 of this contract, the Contractor will have 10 days to submit a Corrective Action Plan ("CAP") to the Agency Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within a time period approved by the Agency Contract Manager, The Agency shall assess a Financial Consequence for Non -Compliance on the Contractor as referenced in Section II1.1 of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CAP. The Agency will also assess a Financial Consequence for failure to timely submit a CAP. 3. If the Contractor fails to correct an identified deficiency within the approved time period specified in the CAP, the Agency shall deduct the percentage established in Section III. I. of this contract, from tlue payment for the invoice of the following month. 4. If Contractor fails to timely submit a CAP, the Agency shall deduct the percentage established in Section Ill. L of this contract for each day the CAP is overdue. The deduction will be made from the payment for the invoice of the following month. If, or to the extent, there is any conflict between Section H, 1-4 above, and paragraphs 39.1 and 39.2 of the Master Contract, this section shall take precedence. H.Financial Consequences The Agency will withhold or reduce payment if the Contractor fails to perform the deliverables to tite satisfaction of the Agency according to the requirements referenced in Section II.D of this contract. The following financial consequences will be imposed if the deliverables stated do not meet in paint or in whole the performance criteria as outlined in Section I1. D. of this contract. I. Delivery of services to eligible clients as referenced in Section iI.A.2 and Section II.D.1 of this contract — Failure to comply with established assessment and prioritization criteria, as evidenced by CIRTS reports, 13 a Y U M CL V CD a Q a� .n Q c 0 CV N c E 0 M w Q Packet Pg. 1981 July 2016 — June 2017 CCE 2 16F:1b will result in a 2% reduction of payment per business day. The reduction of payment will begin on the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency -approved CAP, referenced hi Section II1. H. 2. Services and units of services as referenced in Section II.D.2 of this contract — Failure to provide services in N accordance with the current DOEA Programs and Services Handbook, the service tasks described in Section ILA, ATTACHMENT V1, and submission of required documentation will result in a 2% reduction of payment per business day. The reduction of payment will begin the first business day following the Agency's notification to the Contractor that the identified deficiency is not cured or satisfactorily R addressed in accordance with the Agency approved CAP, referenced in Section 11I. H. 3. Timely submission of a CAP — Failure to timely submit a CAP within 10 business days after notification of Q a deficiency by the Agency Contract Manager will result in a 2% reduction of payment per business day S the CAP is not received. The reduction of payment will begin the first business day following the Agency's o notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency approved CAP, referenced in Section 111, H. E m 4. Exceptions may be granted solely, in writing, by the Agency contract manager. o c 0 IV. SPECIAL PROVISIONS A. Final Budget and Funding Revision Requests Final requests for budget revisions or adjustments to contract funds based an expenditures for provided services � must be submitted to the Agency Contract Manager in writing no later than June 25, 2017; email requests are u: considered acceptable. B. Contractor's Financial Obligations 00 1. Matching, Level of Effort, and Earmarking Requirement The Contractor must provide a match of at least 10 percent of the cost for all CCI; services. Tile match must be made in the form of cash and/or in-kind resources. At the end of the contract period, all CCE funds expended ci niust be properly, matched. State funds shall not be used to match another state -funded program. L 2. Cost Sharing and Co -Payments Ql d The Contractor must establish annual co -payment goals. T'he Agency has the option to withhold a portion of the 2 Contractor's request for payment if goals are not met according to the Agency's co -payment guidelines, in accordance with the current DOEA Programs and Services Handbook, which is incorporated by reference. Co -payments include only the amounts assessed to consumers by the Contractor or the amounts consumers 4 opt to contribute in lieu of an assessed co-payinent. The consumer's contribution must be equal to or greater E than the assessed co -payment. Co -payments collected in the CCE Program can be used as part of the local c match, as detailed above in Section 1V.B. "' co N 3. Use of Service Dollars and Management of the Assessed Priority Consruner List 21 The Contractor is expected to spend all funds provided by the Agency for the purpose specified in this contract. The Contractor must manage the service dollars in such a manner so as to avoid having a wait list and c U w r.. z Packet Pg. 1982 July 2016 — June 2017 CCE 16.F.1.b a surplus of fiords at the end of the contract period. If the Agency determines that the Contractor is not spending service funds accordingly, the Agency may transfer funds to their other Lead Agencies in the PSA during tile contract period and/or adjust subsequent funding allocations accordingly, as allowable tinder state and federal law. C. Remedies for Nonconfot•titing Services all c 1. The Contractor shall ensure that all goods and/or services provided under this contract are delivered timely, completely and commensurate with required standards of quality. Such goods and/or services will only be delivered to eligible program participants. w r 2. If the Contractor fails to meet the prescribed quality standards for services, such services will not be reimbursed under this contract. In addition, ally nonconforming goods {including home delivered meals} and/or services not Q meeting such standards will not be reimbursed under this contract. The Contractor's signature on the Request for S Payment Form certifies maintenance of supporting documentation and.acluiowledgetnent that the Contractor shall o solely bear the costs associated with preparing or providing nonconforming goods and/or services. The Agency requires immediate notice of any significant and/or systemic infractions that compromise the duality, security or E continuity of services to clients. 0 c 0 Y U r LL fL f R Packet Pg. 1983 July 2016 — June 2017 CERTIFICATIONS AND ASSURANCES CCE ATTACHMENT II The Agency and/or Department will not award this contract unless Contractor completes the CERTIFICATIONTS AND ASSURANCES contained in this Attachment. In performance of this contract, Contractor provides the following certifications and assurances: A. Debarment and Suspension Certification (29 CFR Part 95 and 45 FR Part 741 B. Certification Regarding U hLwin 29 CFR Part 93 and 45 CFR Part 931 C. Nondiscrimination & Equal 0l21)ortunity Assurance (29 CFR Part 37 and 45 CFR Part 8Q) D. Certification Regarding Public Entity Crimes. section 287.133, F.S. E. Association of Corlrilurnity Or'ganizatioirs for Reform Now (ACORNI Funding Restrictions Assllrauce (Pleb, L. III -117) F. Certification Regarding Scrutinized Companies Lists. section 287.135. F.S. G. Certification Regarding Data Integre . Compliance for Agreements. Grants, Loans And Cooperative AUTeinelits A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTION. The undersigned Contractor certifies to the best of its knowledge and belief, that it and its principals: I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agent}; 2. Have not within a three-year period preceding this Contract been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not ;presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of ally of the offenses enumerated in paragraph A.2. of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default. B. CERTIFICATION REGARDING LOBBYING — Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned Contractor certifies, to the best of its knowledge and belief, that: 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 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 fiends leave 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 employees of 16 ar c a� m c (D N Q c E 0 L N E 0 C 0 U R r T" �r a.+ r Packet Pg. 1984 July 2016 — June 2017 CCE 2 16.F.1.b Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub -recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance -,-,,as placed when this Contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. c C. NON DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 45 CFR PART a) Q 80). c As a condition of the Contract, Contractor assures that it will comply fully with the nondiscrimination and equal F 0 Opportunity provisions of tine following laws: 1. Section 188 of the Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination -E- against all individuals in the United States on the basis of race, color, religion, sex national origin, age, disability, against political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a ]awfully admitted o immigrant authorized to work in the United States or participation in any WIA Title I -financially assisted program o or activity; w 2. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Haman Services (45 CFR Part 80), to the end that, in accordance tr with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department and/or Agency. 3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 84), to tine end that, in accordance with Section 504 of that Act, and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 4. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant Q to the Regulation of the Department of Health and Human Services (45 CFR Part 91), to the end that, in accordance w with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity for which the Q Applicant receives Federal financial assistance from the Agency. 5. Title IX of the Eduucationai Amendments of 1972 (Pub. L. 92-318), as amended, and all requirements imposed by c or pursuant to the Regulation of the Department of health and Human Services (45 CFR Part 86), to the end that, in Title IX and the Regulation, no in the United States shall, on the basis of sex, be excludedt°., N accordance with person from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education �^ program or activity for which the Applicant receives Federal financial assistance from the Agency. 6. The American with Disabilities Act of 1990 (Pub. L. 101-336), prohibits discrimination in all employment practices, including, job application procedures, hiring, firing, advancement, compensation, training, and other terms, E conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employnent-related activities, and; d Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to Contractor's operation of the WIA Title I — financially assisted program or activity, and to all 17 Packet Pg. 1985 July 2016 — June 2017 CCE 16.F.1.b agreements Contractor makes to carry out the WIA Title I — financially assisted program or activity. Contractor understands that the Agency and/or DOEA and the United States have the right to seek judicial enforcement oft e assurance. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity & Crime as defined in section 287.133, F.S., not, placed oil the convicted vendor list. Contractor understands and agrees that it is required to inform the Agency and/or DOER immediately upon any change of circumstances regarding this status. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING y RESTRICTIONS ASSURANCE (Pub. L. 111-117). Q As a condition of the Contract, Contractor assures that it will comply fully with the federal funding restrictions S pertaining to ACORN and its subsidiaries per tine Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. o L. 111-117). The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made tinder Pub. L. 111-117 are available under the conditions provided by Pub. L. 111-117. LO E The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all 0 tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub ° recipients and contractors shall provide this assurance accordingly. .o F. SCRUTINIZED COMPANIES LISTS CERTIFICATION, SECTION 287.135, F.S. If this Contract is in the amount of $1 million or more, in accordance with the requirements of section 287.135, F.S., Contractor hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to � section 215.473, F.S. Contractor understands that pursuant to section 287.135, F.S., the submission of a false certification may subject Contractor to civil penalties, attorney's fees, and/or costs. If Contractor is unable to certify to any of the statements in this certification, Contractor shall attach an explanation to this Contract. G. CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, CLM LOAN" AI`—-OPI<.DATI i AvREEiii iITT S 1. The Contractor and any Subcontractors of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant -funded project or program in accordance lvith the prescribed reporting requirements, (2) the source and application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant firuds that have not been accounted for properly. 2. Management Information Systems used by the Contractor, Subcontractors, or any outside entity on which the Contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non- compliant, Contractors will take immediate action to assure data integrity. 3. If this contract includes the provision of hardware, sofhvare, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the Contractor (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. 119 Packet Pg. 1986 July 2016 — June 2017 CCE In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the Contractor agrees to immediately make required corrections to restore hardware and sof-ware programs to the same level of functionality as warranted herein, at no charge to the state, and without interruption to the ongoing business of the state, time being of the essence. 4, The Contractor and any Subcontractors of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. H. VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION As a condition of contracting with the Area Agency on Aging for Southwest Florida, hic., Contractor certifies the use of the U.S, Department of Homeland Security's E -verify system to verify the employment eligibility of all new employees hired by Contractor during the contract term to perform employment duties pursuant to this contract and that auy subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this Agreement utilize the E -verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the entire contract term. The Contractor shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all Subcontractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A-102 and 2 CFR Pati 200, and 215 (formerly OMB Circular A-] 10). Ll� By signing below, Contractor certifies the representations outlined in parts A through H above are tare and correct. co (Signature and Title of Authorized Representative) Collier County Board of County Commissioners Contractor 3339 E. Tamiami Trail, Suite 211 (Street) Naples, FL 34112 (City, State, ZIP Code) ?,SIU - Date Approved as to form and legality Assistant County Auurnry bkx 19 Racket Pg. 1987 July 2016 — June 2017 FINANCIAL AND COMPLIANCE AUDIT 16.F.1.b CCE 2 ATTACHMENT III The administration of resources awarded by the Agency to the provider may be subject to audits and/or monitoring by the Area Agency on Aging for Southwest Florida, Inc., as described in this section. I. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by the Agency staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Agency. hl tine event the Agency determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by the Agency to the provider regarding such audit. Tile provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the provider is a State or local government or a tion -profit organization as defined in OMB Circular A-133, as revised. In the event that the provider expends $750,000.00 or more in federal awards during its fiscal year, the provider must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXIMBIT 2 to this agreement indicates federal resources awarded through the Agency by this agreement. In determining the federal awards expended in its fiscal year, the provider shall consider all sources of Federal awards, including federal resources received from the Agency. The determination of amounts of Federal awards expended should be in accordance with tine guidelines established by OMB Circular A-133, as revised. An audit of the provider conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. Ill connection with the audit requirements addressed in Part I, paragraph 1, the provider shall finlfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the provider expends Iess than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the provider expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from provider resources obtained fi•om other than federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Agency shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Agency on Aging for Southwest Florida, Inc. agreement involved. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of federal awards sliall idcntify expenditures by agreement number for each agreement with the Agency in effect during the audit period. Financial reporting packages required larder this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 montlis after the end of the provider's fiscal year end. 20 Packet Pg. 1988 July 2016 - June 2017 16.F.1.b CCB 2 PART II: STATE FUNDED This part is applicable if the provider is a non -state entity as defined by Section 21597(2), F.S. In the event that the provider expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider mast have a State -specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the c single or project Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 2 to this agreement indicates state financial assistance awarded through the Agency by this agreement. In determining the state financial assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including state financial assistance received from the Agency, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or .0 pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 0 In connection with the audit requirements addressed in Part 11, paragraph 1, the provider shall ensure that the audit complies o with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by N Section 215.97(2), F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), d Rules of the Auditor General. - 0 If the provider expends less than $750,000.00 in state financial assistance in its fiscal year (for fiscal years ending September C o 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. ]little event that the provider expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have all f audit conducted in accordance with the provisions of Section 215,97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than �- State entities). co An audit conducted in accordance with this part shall cover tine entire organization for the organization's fiscal year. .- Compliance findings related to agreements with the Agency shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Agency shall be fully c disclosed in the audit report with reference to the Agency agreement involved. If not otherwise disclosed as required by Rule 69I-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Agency in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12 iv months after the provider's fiscal year end for local governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion, the Agency retains all right and obligation to monitor and the performance of this agreement as outlined throughout this document and pursuant to law. Qoversee c II. PART III: REPORT SUBMISSION r Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by O " PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the provider directly to each of the following: a The Area Agency on Aging for Southwest Florida, Inc. at the following address: c ra c Area Agency on Aging for Southwest Florida, Inc. Attu: Tammy Rhoades, VP of Finance Q 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 21 Packet Pg. 1989 July 2016 -- June 2017 CCE 2 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10'" Street Jeffea•sonviile, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Sections .320(f), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Area Agency on Aging for Southwest Florida, Inc. at the following addresses: Area Agency on Aging for Southwest Florida, Inc. Attn: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 Additionally, copies of financial reporting packages required by Part 11 of this agreement shall be submitted by or on behalf of the provider directly to each of the following: The Area Agency on Aging for Southwest Florida, Inc. at the following addresses: Area Agency on Aging for Southwest Florida, Inc. Attn: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 Not -tit Fort Myers, FL 33903 The Auditor General's Office at the following address: State of Florida A;:ditor Gener-Ai Claude Pepper Building, Room 574 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Agency pu:•suaizt to this agreement shall be submitted timely in accordance with OMB Circular A-133, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Providers, when submitting financial reporting packages to the Ageney for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the provider in correspondence accompanying the reporting package. III. PART IV: RECORD RETENTION The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six (6) years from the date the audit report is issued, and shall allow the Agency or its designee, the CFO or Auditor General Access to such records upon request. The provider shall ensure that audit working papers are made available to the Agency, or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by the Agency. 22 a� c a� d _ d N .a Q E 0 E a� 0 c 00 0 ti ea 00 r U o.. iU a> 4 �a N to T 0 N 21 r C) E r U EA Packet Pg. 19901 July 2016 — June 2017 PART I: AUDIT RELATIONSHIP DETERMINATION 16.F.1.b CCE 2 ATTACHMENT III EXHIBIT 1 Providers who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part §200.500, and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part 1I of Exhibit 1 is met. Providers who have been determined to be vendors are not subject to the audit requirements of 2 CFR Part §200.38, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Part §200 and/or Rule 691-5.006, FAC, provider has been determined to be: Vendor not subject to 2 CFR Part §200.38 and/or Section 215.97, F.S. Recipient/subrecipient subject to 2 CFR Part §200.86 and §200.93 and/or Section 215.97, F.S. Exempt organization not subject to 2 CFR Part §200 and/or Section 215.97, F.S. For Federal awards, for-profit organizations are exempt; for state financial assistance projects, public universities, community colleges, district school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must comply with all compliance requirements set forth within the contract or award document. NOTE: If a provider is determined to be a recipient/subrecipient of federal and or state financial assistance and has been approved by the Agency to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-.5006, FAC [state financial assistance] and 2 CFR Part §200.330[federal awards]. PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a subrecipient must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Park §200.416 — Cost Principles* 2 CFR Part §200.201-- Adininistrative Requirements** 2 CFR Part §200.500 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW - 2 CFR Part §200.400-.411 —Cost Principles` 2 CFR Part §200.100 — Administrative Requirements 2 CFR Part §200.500 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR Part §200.418 — Cost Prhnciples" 2 CFR Part §200.100 — Administrative Requirements 2 CFR Part §200.500 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 23 rn c d CD as N _ E 0 L N a�Ei 0 0 Y U w LL: r 00 v 0 v et _ a� to .a _ 0 N N 21 _ N E U Packet Pg. 1991 July 2016 — June 2017 CCE IHEb "Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the 2 CFR Pala §200.400(5) (c). "For finding passed through U.S. Health and Human Services, 45 CFR 92; for ftmding passed through U.S. Department of Education, 34 CFR 80. STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a recipient/subrecipient must comply with the following fiscal laws, rules and regulations: Section 215.97, Fla. Stat. Chapter 69I-5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 2A Packet Pg. 1992 July 2016 — June 2017 FINANCIAL AND COMPLIANCE AUDIT ATTACHMENT EXHIBIT 2 -FUNDING SUMMARY 16.F.9.b CCE 2 ATTACHMENT III EXHIBIT 2 Note: ,Title 2 CFR § 200.331, As Revised, and Section 215.97(5), Florida Statutes, Require That Information About Federal Programs and State Projects Be Provided to the Recipient and Are Stated in the Financial and Compliance Audit Attachment and Exhibit 1. Financial and Compliance Audit Attachment, Exhibit 2 -Funding Summary Provides Information Regarding the Funding Sources Applicable to This Contract, Contained Herein, Is A Prediction of Funding Sources and Related Amounts Based on the Contract Budget. 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: GRANT AWARD (FAIN#): N/A FEDERAL AWARD DATE: CSFA AMOUNT DUNS NUMBER: 966140837 65010 $ 802,100.00 PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL—FINDS: 2 CFR Pala 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. OMB Circular A-133, As amended —Audits of States, Local Governments, and Non -Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: rrr A'rn1rYYXT 1 T?TCnTTTJ( FC Ti nT2 VVnTM AT, PR(}(:R AMS '1011 V1111\V 1 ---'-- bTi(1/-''n AM TITLE rrrnmlNG CnTTR('k^ rrmA AMOUNT 11\V V1�L11f1 AAALi/ TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO Sec. 215.97, F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT Community Care for the Elderly General Revenue -Collier 65010 $ 802,100.00 TOTAL AWARD js 802,100.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE: Section 215.97, F.S., Chapter 69I-5, FL Admin Code, Reference Guide for State Expenditures, Other fiscal requirements set forth in program laws, rules and regulations. 25 Packet Pg. 1993 July 2016 — June 2017 16.F.1.b' CCE2 ATTACHMENT VI COMMUNITY CARE FOR THE ELDERLY PROGRAM ANNUAL BUDGET SUMMARY for Collier County Board of County Commissioners Collier CCE Services Allocations $ 802,100.00 RATE SUMMARY for Collier County Board of County Commissioners Collier County Total Unit Cost Reim burseinent Rate -90% Case Management $60.00 $.54.00 Case Aide $33.88 $30.50 Adult Day Care $12.83 $11.55 Chore $23.33 $21.00 Enhanced Chore $30.33 $27.30 _ i ompauioii .pL J. J J y741. V V Sldlled Nursing $42.00 $37.80 EARS $ 1.31 $ 1.18 Escort $21.67 $19.50 Horne Delivered Meals $ 7.78 $ 7.00 Hollielliftl(ilig $21.50 $19.35 Personal Care $25.67 $23.10 Respite -in -Facility $12.83 $11.55 Res Lite -in -Hoene $25.67 $23.10 Home lin troveiiieitt $ Cost Reinibtirsenient 90% Cost Reimbursement Material Aid $ Cost Reimbursement 90% Cost Reimbursement Specialized Medical Equipment, Service & Stt> )lies $ Cost Reimbursement 90% Cost Reimburseineit fransportatioit $ Cost Reimbursement 90% Cost Reinibtirseinent 426 Packet Pg. 1994 July 2016 — June 2017 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 INVOICE REPORT SCHEDULE COMMUNITY CARO FOR THE ELDERLY Based On July Advance` August Advance" July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Report January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report June Expenditure Report Final Expenditure Report Closeout Report Legend: X Advance based on projected cash need. 16.F.1.6 CCE2 ATTACHMENT VII Submit to State on this Date July 1 July 1 August 9 September 9 October 9 November 9 December 9 January 9 February 9 March 9 April 9 May 9 June 9 July 9 July 25 August l Note # 1: Report 41 for Advance Basis Agreements cannot be submitted to the Area Agency on Aging for Southwest Florida, Inc. prior to July I or until the agreement with the Agency has been executed and a copy sent to the Area Agency on Aging for Southwest Florida, Inc. Actual submission of the vouchers to the Area Agency on Aging for Southwest Florida, Inc. is dependent on the accuracy of the expenditure report. Note # 2: All advance payments made to the Contractor shall be returned to the Agency as follows: one — tenth of the advance payment received shall be reported as an advance recoupment on each request for payment, starting with report number five. The adjustment shall be recorded in Part C, Line I of the report (ATTACHMENT VIII). Report numbers 5 through 14 shall reflect an adjustment of one-tenth of the total advance amount on each of the reports, repaying advances issued the first two months of the agreement. The adjustment shall be recorded in Part C, I of the report (ATTACHMENT VIII). Note #3: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the Agency, payment is to accompany the report. 2'7 n Packet Pg. 1995 July 2016 - June 2017 REQUEST FOR PAYMENT COMMUNITY CARE FOR THE ELDERLY CCE 2 16.F.1.b ATTACHMENT V111 RECIPIENT NAME, ADDRESS, PHONE# and FEIDS TYPE OF PAYMENT: Regular Advance This Request Period: From: To: Contract Period Contract C Report# PSAf CERTIFICATION: I hereby oertifyto the best of my Inovtedge that this request or refund conforms With the terms and the purposes ofthe above contract_ Prepared by. Dale: Approvedby. Date: PARTA: BUDGETSUiMMARY 1. Approved Contract Amount 2. Previous Funds Received for Contract Period 3. Contract Balance pine 1 minus Lire 2) 4. Previous Funds Requested and Not Received for Contract Period 5. CONTRACT BALANCE (line 3 minus One 4) CCEAdmin. ; 0.00 CCE Services $ 0.00 TOTAL $ 0.00 $ 0.00 $ 0.0D $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 S 0.00 $ 0.00 PART B: CONTRACT FUNDS REQUEST i.AnticipatedCashNeed (1st-2ndmonths) 2. Net Expenditures For Month (DOEA Form 105C, Part B, Line 4) 3.TOTAL $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 PART C: NET FUNDS REQUESTED 1. Less Advance ApMied 2. TOTAL FUNDS REQUESTED (Pad B Une 3, minus Part C Line 1) $ 0.00 $ 0.00 $ 0.00 $ 0.00-$ 0.00 $ 0.00 List of Services!Units f Rates provided - See attached report. DOEA FORIA 106C Revi sed 6!4!12 78) Packet Pg. 1996 July 2016 -- June 2017 RECEIPT AND EXPENDITURE REPORT COMMUNITY CARE FOR THE ELDERLY CCE 16.F.1.b ATTACHMENT TX PROVIDER NAME, ADDRESS, PHONE # and FEID# Program Funding: THIS REPORT PERIOD: From To CCEAdmin. CONTRACTPERIOD: CCE Services CONTRACT# REPORT# PSA# CERTIFICATION: I certify to the best of my knowledge and belief that the report Is complete and correct and all outlays herein are for purposes set forth in the contract. Prepared by : Date : Approved by: Date: PARTA : BUDGETED INCOME / RECEIPTS 1. Approved Budget 2. Actual Receipts For This Report 3, Total Receipts Year to Date 4. Percent of Approved Budget $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #DIV/01 #DIV/01 #DIV/01 1. State Funds 2. Program Income 3. Local Cash Match 4. SUBTOTAL: CASH RECEIPTS 5. Local In -Kind Match 6. TOTALRECEIPTS $0.00 $0.00 $0.00 #DIV/01 PART B: EXPENDITURES 1. Approved Budget 2. Expenditures For This Report 3. Expenditures YeartoDate 4. Percent of A roved Bud et $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #DIV/01 #DIV/01 #DIV/01 1. Administrative Services 2. Service Subcontractor(s) 3. Adult Protective Services 4. TOTAL EXPENDITURES $0.00 $0.00 $0.00 #DIV/01 PART C: OTHER REVENUE AND EXPENDITURES 11, Interest: III. Advance Recouped I. Program Income (PI) 1. Earned on GR Advance $ $ 1. CCE: Pi Collected YTD $ 2. Return of GR Advance $ (Includes fees collected) 3. Other Earned $ PART D: CO -PAYMENTS CURRENT MONTH 1. Total of Co -payments assessed $ 2. Total of Co -payments collected $ (For Tracking Purposes only) DOEA FORM 1050 Revised 5t25t2010 29 YEAR-TO-DATE Packet Pg. 1997 Revised Aagust 2007 Attestation Statement Agreement/Contract Number: CCE 203.16 Amendment Number: N//A 1, Steve Carrell , attest that 'to changes or revisions Have been made to lire (Recipient/Contractor representative) content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida and Public Services De martment Head (Recipient/Contractor name) The only exception to this statement would be for changes in page formatting, due to lire differences in electronic data processing media, which has no affect on the agreement/contract couteut. Signafure Revised August 2007 t/Contractor representative zo Date Approved as to form and legality Assistant County Attorney 16.F1;b a� W w c a� a E 0 L W E m 0 c 0 U r C6 0000 !7. Packet Pg.'1998 July 2016 -- June 2017 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. ALZHEIMER'S DISEASE INITIATIVE PROGRAM CONTRACT ADI 203.1 16.F.1.b COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS r_ N d THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc., (Agency) and �a Collier County Board of County Commissioners, (Contractor), and collectively referred to as the "Parties." The term Contractor for this purpose may designate a Vendor, Subgrantee or Subrecipienrt. WITNESSETH THAT: c 0 `'VHEREAS, the Agency has determined that it is in need of certain services as described herein; and 0 WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such N services as an independent Contractor of the Agency. m NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual *s w covenants and conditions hereinafter set forth, the Parties agree as follows: o 0 1. Lurpose of Contract The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract Cz including all attachments, forms, exhibits and references incorporated, which constitute the contract document. 2. Incorlroration of Documents within the Contract LL: The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department handbooks, 6 manuals or desk books and Master Contract number HMO 14, as an integral pant of the contract, except to the extent that r the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract document(s) slialt prevail over inconsistent co t - provisions in (lie proposal(s) or other general materials not specific to this contract document and identified attachments. Y U 3. Term of Contract R a This contract shall begin at twelve (12:00) A.M., Eastern Standard Time July 1, 2016 or on the date the contract has � been signed by the last party required to sign it, whichever is iater. It shall end at eleven fifty-nine (11:59) P.M., Eastern Standard Time Jame 30, 2017. < z :a 4. Contract Arnount The Agency agrees to pay for contracted services according to the terms and conditions of this contract it) all annount not to exceed S312,015,00, or the rate schedule, subject to the availability of funds. Any costs or services paid for < under any other contract or from any other source are not eligible for payment under this contract. _ ca 5. n 1 r O `v By mutual agreement of the Parties, in accordance with s. 287.058(1) (g), F.S., the Agency may renew the contract for N a period not to exceed three years, or the term of the original contract, whichever is longer. The renewal price, or 21 method for determining a renewal price, is set forth in the bid, proposal, or reply. No other costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the Agency and the availability of finds. c u 46 Q — I Packet Pg. 1999 I July 2016 — June 2017 6. Official Pave- =LRjoi)mytitatives INames. Addresses. and Telephone Numbers): ADI 203.16 96.F.7.b 7. All Terms and Conditions Included: This contract and its Attachnients, I -III, VI - IX and any exhibits referenced in said attachments, together with' any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF, the Parties hereto have caused this 28 page contract, to be executed by their undersigned officials as duly authorized. Contractor: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SIGNED BY:d NAME: Steve Carnell TITLE: Public Services Department Head DATE: .-1.1 [2,S 11 4, Federal Tax. ID: 59-6000558 Fiscal Year Ending Date: 09/30 2 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED BY: NAME: MARIANNE G LORINI TITLE: PRESIDENT/CEO DATE: Approved as to form and legality N w a� L c N E 0 L N E d 0 C to U a: r v: r r Tt 00 r ------------------------ Assistant County Attorney? r� Packet Pg. 2000 The Contractor name, as shown on page 1 of thiso Collier County Board of County Commissioners contract, and mailing address of the official payee to Collier Count} Community and Human Service /o 3339 E Tamiami Trail, Suite 211 a• whom the payment shall be made is: Naples, FL 34112 Kimberley Grant, Director b' The name of the contact person and street address where Collier County Board of County Commissioners financial and administrative records are maintained is: %Collier County Community and Human Service 3339 E Tamiami Trail, Suite 211 Naples, FL 34112 Kimberlcy Grant, Director The name, address, and telephone number of the Collier County Board of County Commissioners C. representative of the Contractor responsible for %Collier County Community and Human Service administration of the program under this contract is: 3339 E Tamiami Trail, Suite 211 Naples, FL 34112 (239)252-2273 Area Agency on Aging for Southwest Florida, Inc. d The section and location within the Agency where 15201 North Cleveland Avenue, Suite 1100 Requests for Payment and Receipt and Expenditure North Fort Myers, FL 33903 forms are to be mailed is: Tanuny Rhoades, Vice President of Finance e. The name, address, and telephone number of the Area Agency on Aging for Southwest Florida, Inc. Contract Manager for this contract is: 15201 North Cleveland Avenue, Suite 11.00 North Fort Myers, FL 33903 239-652-6900 Upon change of representatives (natnes, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. 7. All Terms and Conditions Included: This contract and its Attachnients, I -III, VI - IX and any exhibits referenced in said attachments, together with' any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF, the Parties hereto have caused this 28 page contract, to be executed by their undersigned officials as duly authorized. Contractor: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SIGNED BY:d NAME: Steve Carnell TITLE: Public Services Department Head DATE: .-1.1 [2,S 11 4, Federal Tax. ID: 59-6000558 Fiscal Year Ending Date: 09/30 2 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED BY: NAME: MARIANNE G LORINI TITLE: PRESIDENT/CEO DATE: Approved as to form and legality N w a� L c N E 0 L N E d 0 C to U a: r v: r r Tt 00 r ------------------------ Assistant County Attorney? r� Packet Pg. 2000 July 2016 -- June 2017 INDEX OF ATTACHMENTS ADI 203.16 16.F.1.b ATTACHMENTI................................................................................................................ Q STATEMENT OF WORK ATTACHMENTH..............................................................................................................15 CERTIFICATIONS AND ASSURANCES ATTACHMENTIII..............................................................................................................19 EXH1131T 1: FINANCIAL AND COMPLIANCE AUDIT EXHIBIT 2: FUNDING SUMMARY ATTACHMENTVI..............................................................................................................25 INVOICE REPORT SCHEDULE ATTACHMENTVII.............................................................................................................26 ANNUAL BUDGET and RATE SUMMARY ATTACHMENTVIII...............................................................................................................27 REQUEST FOR PAYMENT ATTACHMENTIX....................................................................................................................I...28 RECEIPT AND EXPENDITURE REPORT 3 Packet Pg. 2001, July 2016 — June 2017 STATEMENT OF WORK I. SERVICES TO BE PROVIDED A. Definitions of Terms 1, Acronyms Alzheimer's Disease (AD) Alzheimer's Disease Initiative (ADD Activities of Daily Living (ADL) Assessed Priority Consumer List (APCL) Adult Protective Services (APS) Client Information and Registration Tracking System (CIRTS) Community Care for Disabled Adults (CCDA) Corrective Action Plan (CAP) Department of Elder Affairs -- (DOEA) or Department Florida Statutes — (F.S.) Home Care for Disabled Adults (HCDA) Instrumental Activities of Daily Living (IADL) Memory Disorder Clinic (MDC) Planning and Service Area (PSA) Summary of Programs and Services (SOPS) United States Code — (U.S.C.) 2. Program -Specific Terms ADI 203.16 ATTACHMENTI Area Pls... A 1;lan developed by the Area Ager;cy ni; Agrr,g fne QniithivPet Flnridn 11 r.. nrrtlinirig a comprehensive and coordinated service delivery system in the respective Planning and Service Area, in accordance with the Section 306 of the Older Americans Act (42 U.S.C. 3026) and Department instructions. The Area Plan includes performance measures and unit rates per service offered per county, Area Plan Update: A revision to the Area Plan wherein the Agency enters ADI -specific data into CIRTS. An update may also include other revisions to the Area Plan as instructed by the Department. Department of Elder Affairs Programs and Services Handbook: An official document of DOER. The Handbook includes program policies, procedures, and standards applicable to agencies which are recipients/providers of DOER funded programs. An annual update is provided through a Notice of Instruction. Tunelional Assessment: A comprehensive, systematic, and multidimensional review of a person's ability to remain independent and in the least restrictive living arrangement. Mentoij, Disorder Clinic: Research oriented programs created pursuant to Sections 430.502(1) and (2), F.S., to provide diagnostic and referral services, conduct basic and service -related multidisciplinary research, and develop training materials and educational opportunities for lay and professional caregivers of individuals with AD. Packet Pg. 2002] ADI 203.1 18.F 9:b July 2016 — June 2017 5 Packet Pg. 2003 Notice of Instruction (NOI): The Department's established method to communicate to the Agency/and or Contractor the requirement to perform a particular task or activity. NOIs are located on the Department's website at http://elderaffairs.state.fl.tis/doea/nois.php. Proviso: Language used in a general appropriations bill to qualify or restrict the way in which a specific appropriation is to be expended. a, c Program Highlights: Success stories, quotes, testimonials, or human -interest vignettes that are used in the Summary of Programs and Services to include information that helps tell the story of how programs and services help elders, families, and caregivers. Summary of Programs and Services (SOPS): A document produced by the Department and updated yearly Q to provide the public and the Legislahue with information about programs and services for Florida's elders. e E 0 L B. GENERAL DESCRIPTION V) 1. General Statement c The purpose of the ADI is to address the special needs of individuals with AD, their families and caregivers. .2 R U 2. Alzheimer's Disease Initiative Program Mission Statement w The ADI Program assists persons afflicted with AD and other forms of dementia to live as independently as possible with support to family members and caregivers. LL: 3. Authority The relevant authority governing the ADI Program includes: a. Rule Chapter 58D-1, Florida Administrative Code; 77- b. Sections 430.501, 430.502, 430.503, and 430.504, Florida Statutes; and; Y e. The Catalog of State Financial Assistance (CSFA) Numbers are 65004 and 65002. CL 4. Scope of Service W The Agency is responsible for the programmatic, fiscal, and operational management of the ADI Program. q The program services shall be provided in a manner consistent with the Agency's Area Plan, as updated, 2 and the current DOEA Programs and Services Handbook, which are incorporated by reference. N Q S. Major Program Goal c The major goal of the ADI Program is to provide services to meet the needs of caregivers and individuals with to T AD or other related disorders. N cV C. Clients to be Served J 1. General Eligibility The ADI Program addresses the special needs of individuals with AD or other related disorders, and their E caregivers. z U w d 5 Packet Pg. 2003 July 2016 — June 2017 ADI 203.16 1ti.F.1.b 2. Client Eligibility Clients eligible to receive services under this contract must: a. Be 18 years of age or older and have a diagnosis of AD or a related disorder, or be suspected of having AD or a related disorder; and a> b. Not be enrolled in any Medicaid capitated long-term care program. 3. Targeted Groups Priority for services under this contract will be given to those eligible persons assessed to be at risk n of placement in an institution. Q _c E II. MANNER OF SERVICE PROVISION E A. Service Tasks To achieve the goals of the ADI Program, the Contractor shall perform, or ensure that its Subcontractors o perform, the following tasks: o 1. Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a client is based on meeting the requirements described in section I.C.2. r 2. Assessment and Prioritization of Service Delivery for New Clients L6 The Contractor shall ensure the following criteria are used to prioritize new clients in the sequence below `- for service delivery. It is not the intent of the Department and Agency to remove existing clients from services in order to serve new clients being assessed and prioritized for service delivery. 00 a. Imminent Risk individuals: Individuals in the community whose mental or physical health condition s has deteriorated to the degree that self-care is not possible, there is no capable caregiver, and nursing home placement is likely within a month or very likely within 3 months. Cz b. Service priority for individuals not included above, regardless of referral source, will be determined through the Agency's functional assessment administered to each applicant, to the extent funding is available. Tire Contractor shall ensure that fust priority is given to applicants at the higher levels of frailty and risk of nursing home placement. 3. Program Ser^tices The Contractor shall ensure the provision of program services is consistent with the Agency's current area plan, as updated and approved by the Agency, and the current DOEA Programs and Services Handbook. B. Use of Subcontractors If this contract involves the use of a Subcontractor or third party, then tine Contractor shall not delay the implementation of its agreement with the Subcontractor. If any circumstance occurs that may result in a delay for a period of 60 days or more the initiation of the subcontract or the performance of the Subcontractor, the Contractor shall notify the Agency's Contract Manager and the Agency's Vice President Financial Officer in writing of such delay. The Contractor shall not permit a Subcontractor to perform services related to this agreement without having a binding Subcontractor agreement executed. in accordance with Section 23.1 of 6 _ Packet Pg. 2004 ADI 203.1 16.F.1.b July 2016 — June 2017 Master Contract, the Agency will not be responsible or liable for any obligations or claims resulting from such action. 1. Copies of Subcontracts The Contractor shall submit a copy of all subcontracts to the Contract Manager within thirty days of the subcontract being executed. 2. Monitoring the Performance of Subcontractors The Contractor shall monitor, at least once per year, each of its Subcontractors, Subrecipients, Vendors, and/or Consultants paid from funds provided under this contract. The Contractor shall perform fiscal, administrative and programmatic monitoring to ensure contractual compliance, fiscal accountability, programmatic performance and compliance with applicable state and federal laws and regulations. The Contractor shall monitor to ensure that time schedules are met, the budget and scope of work are accomplished within the specified time periods, and other performance goals stated in this contract are achieved. C. Staffing Requirements 1. Staffing Levels The Contractor shall dedicate the staff necessary to meet the obligations of this contract. 2. Professional Qualifications Tile Contractor shall ensure that the staff responsible for performing any duties or functions within this contract have the qualifications as specified in the DOEA Programs and Services Handbook. 3. Service Times The Contractor shall ensure the availability of the services Iisted in this contract at times appropriate to meet client service needs, at a minimum during normal business hours, or as otherwise specified in Proviso or the Subcontractor's approved service provider application. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. D. Deliverables The following section provides the specific quantifiable units of deliverables and source documentation required to evidence the completion of the tasks specified in this contract. I. Delivery of Services to Eligible Clients Tire Contractor shall ensure tine provision of a continuum of services addressing the diverse needs of individuals with AD and their caregivers. The Contractor shall ensure performance and reporting of the following services in accordance with the Contractor's current Agency -approved Area Plan, the current DOEA Programs and Services Handbook, which is incorporated by reference, and Section II.A.1-3 of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. The services include the following categories: a. Respite and Other Services (1) Caregiver Training/Support; (2) Case Aide; (3) Case Management; (4) Counseling (Gerontological); 7 Packet Pg. 2005 July 2016 — June 2017 ADI 203.16 16.F 9.b (5) Counseling (Mental Health/Screening); (6) Education/Training; (7) Intake; (8) Transportation; (9) Respite (Facility -Based); (10) Respite (In-l-lome); and (11) Specialized Medical Equipment, Services, and Supplies. b. Memory Disorder Clinics m The Agency and Contractor shall maintain coordination with the memory disorder clinics, the Alzheimer's Disease Brain Bank, and all other components of the Alzheimer's Disease Initiative, as well as Silver Alert, in the designated planning and service area. Memory Disorder Clinics (MDCs) are required to provide annual in-service training to all respite, in -facility respite and model day care center staffs in their designated service areas, and plan and develop service -related research E projects with model day care and respite providers. The Agency and Contractor shall respond to requests for statistical data concerning its consumers, based on information requirements of the E MDCs and the Brain Bank, and assist the MDCs in carrying out Silver Alert protocol activities. a; 2. Services and Units of Service 0 The Agency shall ensure that the provision of services described in this contract is in accordance with the O .2 current DOEA Programs and Services Handbook and the service tasks described in Section II.A. ATTACHMENT VI lists the services that can be performed, the highest reimbursement unit rate, the method of payment, and the service unit type. Units of service will be paid pursuant to the rate established in the Area Plan as updated, as shown in ATTACHMENT VI, and approved by the Agency. w r E. Reports The Contractor shall respond to additional routine or special requests for information and reports required by theme, Agency in a timely manner as determined by the Contract Manager. The Contractor shall establish reporting due dates for Subcontractors that permit the Contractor to meet the Agency's reporting requirements. Y U R !1 1. CIRTS Reports The Contractor shall input ADI- specific data into CIR"I'S. To ensure CIRTS data accuracy, the Contractor shall use CIRTS-generated reports which include the following: q a. Client Reports; b. Monitoring Reports; c. Services Reports; 4 d. Miscellaneous Reports; s e. Fiscal Reports; f. Aging and Disability Resource Center Reports; and g. Outcome Measurement Reports. A 2. Service Cost Reports The Agency shalt require Contractor to submit Annual Service Cost Reports, which reflect actual costs of 0 providing each service by program. This, Annual Service Cost Report provides information for planning and negotiating unit rates. The General Revenue Service Cost Reports are due by August 15, 2016 for the prior year. 3. Surplus/Deficit Report The Contractor shall submit a Consolidated Surplus./Deficit Report, in a format provided by the Agency to the Agency Contract Manager, by the I Sth of each month. This Consolidated Surplus/Deficit Report is for Packet Pg.'2006- 16.F.1.b T ADI 203.1 July 2016 a7f agr eee►i encs and contracts between the Contractor and the Agency and must include the following: a. Contractor's current status regarding surplus/deficit; b. The Contractor's detailed plan on how the surplus/deficit spending exceeding the threshold specified by the Agency will be resolved; a� c. Recommendations to transfer funds to resolve surplus/deficit spending; d. Input front the Agency's Board of Directors on resolution of spending issues, if applicable; e. Number of clients currently on APCL that receive a priority ranking score of 4 or 5; and f. Number of clients currently on the APCL designated as Imminent Risk. U) F. Records and Documentation ¢_ E 1. Requests for Pay►nent ° The Contractor shall maintain documentation to support Requests for Payment that shall be available to the N E Agency or authorized individuals upon request. 0 2. CIRTS Data and Maintenance ° The Contractor shall ensure, on a monthly basis, collection and maintenance of client and service information ° in CIRTS or any such system designated by the Agency. Maintenance includes accurate and current data, and valid exports and backups of all data and systems according to Agency standards. r- 3. Data Integrity and Bacic up Procedures u= Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine cD backing up of all data and software is required to recover from losses or outages of the computer system. Data r and software essential to the continued operation of contractor fi►nctions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. It is recommended that a copy of the backed up data be stored in a secure, offsite location. 4. Policies and Procedures for Records and Documentation The Contractor shall niaL;taln ,ra e:: "olicies a►?;1 „ICCPd!'.;eS fur rnrrnntrit ¢vstPtn I -Sar k1111 a11rl Pecovery 911d shall have the same requirement of its subcontractors. These policies and procedures shall be made available to the Agency upon request. G. Performance Specifications 1. Outcomes and Outputs (Performance Measures) The Contractor must: a.Ensure the prioritization and service provision of clients in accordance with Section II.A.1-3 of this contract; b. Ensure the provision of the services described in this contract are in accordance with the current DOEA Programs and Services Handbook and Section 1I.1) of this contract; c. Timely submit to the Agency all required documentation and reports described in Section ILE; and d. Timely (in accordance with ATTACHMENT VII) and accurately submit ATTACEHgEl NTS VIII, IX, and supporting documentation. 9 Packet Pg. 2007 July 2016 — June 2017 AD) 203.16 2. Monitoring and Evaluation Methodology The Agency will review and evaluate tine performance of the Contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, and/or on-site visit(s). The Agency's determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the Agency in monitoring the progress of completion of the service tasks and deliverables. The Agency may use, but is not limited to, one or more of the following methods for monitoring: a. Desk reviews and analytical reviews; b. Scheduled, unscheduled, and follow-up on-site visits; e. Client visits; d. Review of independent auditor's reports; e. Review of third -party documents and/or evaluation; f. Review of progress reports; g. Review of customer satisfaction surveys; h. Agreed-upon procedures review by an external auditor or consultant; i. Limited -scope reviews; and j. Other procedures as deemed necessary. H. Contractor Responsibilities 1. Contractor Accountability All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Contractor, and for which, by execution of the contract, the Contractor agrees to be held accountable. 2. Coordination with Other Providers and/oil- Entities Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in performing the requirements of the contract; the failure of other entities does not alleviate 'Lille Contractor >ivin any accountabillity ivr tasks ar service" that the Cont:I: ADI 203.1 18.F.1.b July 2016 — June 2017 III. METHOD OF PAYMENT c A. Payment Methods Used a The Method of Payment for this contract is a combination of fixed-Fee/unit rate, cost reimbursement, and advance payments, subject to the availability of funds and Contractor performance. The Agency will pay the m Contractor upon satisfactory collipletloll of the Tasks/Deliverables, as specified in Section 11, Manner of Service Provision, and in accordance with other terms and conditions of the contract. Q 1. Fixed Fee/Unit Rate E Payments for Fixed Pee/Unit Rate shall not exceed amounts established in ATTACHMENT VI. N E 2. Cost Reiinbui-seineIlt Payment may be authorized only for allowable expenditures, Which are in accordance with the o services specified in ATTACHMENT VI. All Cost Reimbursement Requests for Payment must include o the Request for Payment Report (ATTACHMENT VIII) and the Receipt and Expenditure Report (ATTACHMENT IX beginning with the first month of the contract. m rY 3. Advance Payments �- Tile Contractor may request up to two (2) months of advances at the start of the contract period to u: cover program administrative and service costs. The payment of an advance will be contingent upon the sufficiency and amount of fields released to the Agency and the Department by the State of Florida ("budget release"). The Contractor's requests for advance require the approval of the Agency and/or DOEA Contract Manager. The Contractor shall provide the Agency Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. If sufficient budget is available, the Agency will issue approved advanced payments after July 15t of the contract year. a. All advanced payments retained by the Contractor must be fully expended no later than September 30, 2016. Any portion of advanced payments not expended must be recouped on the hlvoice Schedule, report number 5, due to the Agency oil October 9, 2016, in accordance with the Invoice Schedule, ATTACHMENT VII. b. All advanced payments made to the Contactor shall be reimbursed to the Agency as follows: At least one-tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment, starting with report number five, in accordance with the Invoice Schedule, ATTACHMENT VII. B. Method of Invoice Payment Payment shall be made upon the Contractor's presentation of an invoice subsequent to the acceptance and approval by the Agency of the deliverables shown on the invoice. The form and substance of each invoice submitted by the Contractor shall be as follows: 1. I -lave a Remittance Address that corresponds exactly to the "Remit To" address provided to MFMP during registration; Packet Pg 2009 July 2016 — June 2017 ADI 203.16 16.F.1.b 2. Request payment on a monthly basis for the units of services established in the Agency's approved Area Plan, provided in conformance with the requirements as described in the DOEA Programs and Services Handbook, at the rates established in ATTACHMENT VI of the contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. Any requested changes to the approved budget subsequent to the execution of the contract, must be submitted to the Contract Manager for approval. Any change to the total contract amount requires a formal amendment; 3. All Requests for Payment shall be based on the submission of monthly Expenditure Reports beginning with the first month of the contract. The schedule for submission of advance requests (when available) and invoices is Invoice Schedule, ATTACHMENT VII. C. Payment Withholding Any payment due by the Agency under the terms of this contract may be withheld pending the receipt and approval by the Agency of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved as outlined in Section 26 of the Master Contract. D. Final Invoice Instructions The Contractor shall submit the final Request for Payment to the Agency no later than July 25, 2017. E. CIRTS Data Entries for Subcontractors The Contractor must enter all required data for clients and services in the CIRTS database per the DOEA Programs and Services Handbook and the CIRTS User Manual — Aging Provider Network users (located in Documents on the CIRTS Enterprise Application Services). Contractor must enter this data into CIRTS no later than the V, of each month prior to submitting their requests for payment and expenditure reports to the Contractor. The Contractor shall establish deadlines for completing CIRTS data entry and to assure compliance with due dates for the requests for payment and expenditure reports that Contractor must submit to the Agency. F. Contractors' Monthly CIRTS Reports The Agency must require Contractors to ran monthly CIRTS reports and verify client and service data in CIRTS is accurate. This report must be submitted to the Agency with the monthly Request for Payment and Expenditure Report and must be reviewed by the Agency before the Contractor's Request for Payment and Expenditure Reports can be approved by the Agency, G. Corrective Action Plan 1. Contractor shall ensure 100% of the deliverables identified in Section II.D.I-3 of this contract, are performed pursuant to contract requirements. 2. if at any time the Contractor is notified by the Agency Contract Manager that it has failed to correctly, completely, or adequately perform contract deliverables identified in Section 11. D. 1-3 of this contract, the Contractor will have 10 days to submit a Corrective Action Plan ("CAP") to the Agency Contract Manager that addresses the deficiencies and states how the deficiencies will be remedied within a time period approved by the Agency Contract Manager. The Agency shall assess a Financial Consequence for Non -Compliance on the Contractor as referenced in Section IT1.1. of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CAP. The Agency will also assess a Financial Consequence for failure to timely submit a CAP. 12 Packet Pg. 2010 ADI 203.1 16.F.1.b July 2016 — June 2017 3. If the Contractor fails to correct an identified deficiency within the approved time period specified in the CAP, the Agency shall deduct the percentage established in Section III.I, of this contract, from the payment for the invoice of the following month. 4. If Contractor fails to timely submit a CAP, the Agency shall deduct the percentage established in Section HI.I. of this contract for each day the CAP is overdue. The deduction will be made from the payment for the invoice of the following month. If, or to the extent, there is ally conflict between Section H, 1-4 above, and paragraphs 39.1 and 39.2 of the Master Contract, this section shall take precedence. H. Financial Consequences 1. The Agency will withhold or reduce payment if the Contractor fails to perform the deliverables to the satisfaction of the Agency according to the requirements referenced in Section 1I.1) of this contract. The following financial consequences will be imposed if the deliverables stated do not meet in part or in whole the performance criteria as outlined in Section 11. D. of this contract. 2. Delivery of services to eligible clients as referenced in Section II.A.1-3 and Section II.D.I of this contract -- Failure to comply with established assessment and prioritization criteria, as evidenced by CIRTS reports, will result in a 2% reduction of payment per business day. The reduction of payment will begin on the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency -approved CAP, referenced in Section 11I.H. Timely submission of a CAP — Failure to timely submit a CAP within 10 business days after notification of a deficiency by the Agency Contract Manager will result in a 2% reduction of payment per business day the CAP is not received. The reduction of payment will begin the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily addressed in accordance with the Agency approved CAP, referenced in Section IILH. 4. bxceptions may be granted solely, in writing, by the Agency contract manager IV. SPECIAL PROVISIONS A. Final Budget and Funding Revision Reqttests Final requests for budget revisions or adjustments services must be submitted to the Agency Contract requests are considered acceptable. B. Contractor's Financial Obligations to contract funds based on expenditures for provided Manager in writing no later than June 30, 2017; email 1. Use of Service ]dollars and Management of the Assessed Priority Consumer List The Contractor is expected to spend all fluids provided by the Agency for the purpose specified in this contract. The Contractor must manage the service dollars in such a manner so as to avoid having a wait list and a surplus of funds at the end of the contract period. If the Agency determines that the Contractor is not spending service funds accordingly, the Agency may transfer funds to other Lead Agencies in the PSA during the contract period and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. 13 Packet Pg. 2011 July 2016 — June 2017 ADI 203.16 16.F.1_b 2. Cost Sharing and Co -payments The Contractor must establish annual co -payment goals. The Agency has the option to withhold a m portion of the Contractor's request for payment if goals are not met according to the Agency co- payment guidelines, in accordance with the current DOEA Programs and Services Handbook, which is d incorporated by reference. Co -payments include only the amounts assessed to consumers by the Contractor or the amounts consumers opt to contribute in lieu of au assessed co -payment. The consumer's contribution must be equal to or greater than the assessed co -payment y Q C. Remedies for Nonconfoi•miug Services E I. Tile Contractor shall ensure that all goods and/or services provided under this contract are delivered timely, completely and commensurate with required standards of quality. Such goods and/or services will only be P delivered to eligible program participants. y 0 2. If the Contractor fails to meet the prescribed quality standards for services, such services will not be reimbursed o under this contract. In addition, any nonconforming goods (including home delivered meals) and/or services Cu not meeting such standards will not be reimbursed under this contract. The Contractor's signature on the Request for Payment Form certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and/or r services. The Agency requires immediate notice of any significant and/or systemic infractions that LL: compromise the quality, security or continuity of services to clients. REMAINDER OF PAGE INTENTIONALLY LEFT BLANIC r 0 v 0. CD ar d c 0 N 0 N r.i C E v rz Q 14 Packet Pg. 2012' July 2016 — June 2017 CERTIFICATIONS AND ASSURANCES ADI 203.1 ATTACHMENT II The Agency and/or DOEA will not award this contract unless Contractor completes the CERTIFICATIONS AND ASSURANCES contained in this Attachment. Ili performance of this contract, Contractor provides the following certifications and assurances: A. Debarment and Suspension Certification (29 CER Part 95 and 45 CFR Part 741 B. Certification Regarding,Lnb ging (29 CFR Part 93 and 45 CFR Part 93) C. Nondiscrimination & FaualnrL, tuniU Assurance (29 CFR Part 37 and 45 CFR Part 801 D. Cor tification Rtg ing Public Fntity Crimes section 287,133, F S E. Association of Communih Organizations f.Qr Reform Now IACORNI Funding Restrictions Assurance (Pub L.111-117) F. Certification Regarding Scrutinized Conrnaniec Lists section 287,135, F.S. G. CertificationRegarding Data Integrity Compliance for Agreements Grants Loans And Coonerafive Agreements H. Verification of Emlrloyment Status Certification A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTION. The undersigned Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency: 2. Have not within a three-year period preceding this Contract been convicted or had a civil judgment rendered against thorn for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State f r 1 + +r fl f l• A,�, Friber falsrfcatrorr or destrrretion of records <In illi lrjl JlallrleJ or eVrrrrnrJ Ji Vrr Vi erirVeLLteniV.i 1, lle1 "1 making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2. of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default. B. CERTIFICATION REGARDING LOBBYING — Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned Contractor certifies, to the best of its knowledge and belief, that: 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 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 employees of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative 15 Packet Pg. 2013 July 2016 —June 2017 ADI 203.16 16.F.1.b agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," ill accordance with its instructions, The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub -recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. NON DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 45 CFR PART 80). As a condition of the Contract, Contractor assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following latus: 1. Section 188 of the Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination against all individuals in the United States ora the basis of race, color, religion, sex national origin, age, disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lay.,f ully admitted immigrant authorized to work in the United States or participation in any WIA Title I -financially assisted program or activity; 2. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended, and all requirements imposed by or Pursuant to the Regulation of the Agency of Health and Human Services (45 CFR Part 84), to the end that, in accordance with Section 504 of that Act, and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under arly program or activity for which the Applicant receives Federal financial assistance from the Agency. 4. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation of the Agency of Health and Human Services (45 CFR Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 5. Title IX of the Educational Amendments of 1972 (Pub. L. 92-318), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 86), to the end that, in accordance with Title IX and the Regulation, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which the Applicant receives Federal financial assistance fiom the Agency. 6. The American with Disabilities Act of 1990 (Pub. L. 101-336), prohibits discrimination in all employment practices, including, job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities, and; Contractor also assures that it will comply with 29 CFR Pala 37 and all other regulations implementing the laws listed above. This assurance applies to Contractor's operation of the WIA Title I — financially assisted program or activity, and to all agreements Contractor makes to carry out file WIA Title I — financially assisted program or activity. Contractor understands that DOER and the United States have the right to seek judicial enforcement of the assurance. NO N zM c a� a� w Q _ E 0 N E a� 0 r- 0 U r u.: 00 r Packet Pg. 2014 ADI 203.1 16.F.1.b July 2016—June 2017 D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Contractor understands and agrees that it is required to inform the Agency and/or DOEA immediately upon any change of circumstances regarding this status. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE (Pub. L. 111-117). As a condition of tine Contract, Contractor assures that it will comply fully with the federal funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111-117). The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub. L. 111-117. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this assurance accordingly. F. SCRUTINIZED COMPANIES LISTS CERTIFICATION, SECTION 287.135, F.S. If this Contract is in the amount of $1 million or more, in accordance with the requirements of section 287.135, F.S., Contractor- hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, F.S. Contractor understands that pursuant to section 287.135, F.S., the submission of a false certification may subject Contractor to civil penalties, attorney's fees, and/or costs. If Contractor is unable to certify to any of the statements in this certification, Contractor shall attach an explanation to this Contract. G. CERTIFICATION REGARDING DATA INTEGRITY COATPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS 1. The Contractor and any Subcontractors of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of tlhe financial results of each grant -funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a returrh of grant funds that have not been accounted for properly. 2. Management Information Systems used by the Contractor, Subcontractors, or any outside entity on which the Contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non- compliant, Contractors will take immediate action to assure data integrity. 3. If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the Contractor (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the Contractor agrees to immediately make required corrections to restore hardware and software programs to file same level of functionality as warranted herein, at no charge to the state, and without interruption to the ongoing business of the state, time being of the essence. U. 6 2 17 Packet Pg 2015 i July 2016 — June 2017 ADI 203.16 16.F.1.b required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the state, and without interruption to the ongoing business of the state, time being of the essence. 4. The Contractor and any Subcontractors of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. H. VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION = As a condition of contracting with the Area Agency on Aging for Southwest Florida, Inc., Contractor certifies the use of the U.S. Department of Homeland Security's E -verify system to verify the employment eligibility of all new 2' employees hired by Contractor during the contract term to perform employment duties purstiant to this contract and L that any subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this Agreement utilize the E -verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the entire contract term. The Contractor shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all Subcontractors sliall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made o or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed c by OMB Circulars A-102 and 2 CFR Pail 200, and 215 (formerly OMB Circular A-110). •2 U l6 By signing below, Contractor certifies the representations outlined in parts A through H above are true and correct. (Signature and Title of Authorized Representative) «moi Collier County Board of County Commissioners Contractor Date 3334 E. Tamiami Trail, Suite 211 (Street) Naples, FL 34112 (City, State, ZIP Code) 18 Approved as to form and legality Assistant County Attorney Packet Pg. 2016 ADI 203.16 16.F.1.b July 2016 — June 2017 ATTACHMENT III FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the Agency to the provider may be subject to audits and/or monitoring by the Area Agency our Aging for Southwest Florida, Inc., as described in this section. I. MONITORING U, In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., c (see "AUDITS" below), monitoring procedures may include, but not be limited to, ou-site visits by the Agency staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this M agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Agency. In the event the Agency determines that a limited scope audit of the provider is appropriate, the provider agrees (n to comply with any additional instructions provided by the Agency to the provider regarding such audit. Tire provider < further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the S Chief Financial Officer (CFO) or Auditor General. o 4 AUDITS r m PART I: FEDERALLY FUNDED 0 r- This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular 0 U A-133, as revised. ' In the event that the provider expends $750,000.00 or more in federal awards during its fiscal year, the provider must have audit conducted in accordance with the provisions of OMB Circular A-133, as revised. �v a single or program -specific EXHIBIT 2 to this agreement indicates federal resources awarded through the Agency by this agreement. In L6 determining the federal awards expended in its fiscal year, the provider shall consider all sources of Federal awards, r including federal resources received from the Agency. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the provider �- conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. CL In connection with the audit requirements addressed in fart 1, paragraph 1, the provider shall fulfill the requirements relative to auditee responsibilities as provided ur Subpart C of OMB Circular A-133, as revised. If the provider expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the provider expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from provider resources obtained from other than federal entities.) cE An audit conducted ill accordance with this part shall cover the entire organization for the organization's fiscal year. 0 N Compliance findings related to agreements with the Agency shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not tine 2:, matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Agency shall be fully disclosed in the audit report with reference to the Area Agency on Aging for Southwest Florida, Inc. agreement c involved. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of F expenditures of federal awards shall identify expenditures by agreement number for each agreement with the Agency in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of w < 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal year end. Packet Pg. 2017 July 2016 — June 2017 PART 11: STATE FUNDED This part is applicable if the provider is a non -state entity as defined by Section 215.97(2), F.S. ADI 203.16 In the event that the provider expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, EXHIBIT 2 to this agreement indicates state financial assistance awarded through the Agency by this agreement, In determining the state financial assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including state financial assistance received from the Agency, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragraph 1, the provider shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2), F.S., and Chapter 10.550 (local governnnental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the provider expends less than $750,000.00 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the provider expends less than $750,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Agency shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Agency shall be full)' disclosed in the audit report with reference to the Agency agreement involved. If not o(lierwise disclosed as required by Rule 69I-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Agency in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after actively of tine audit report, burl no later than 12 months after the provider's fiscal year end for local governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later thail 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion, the Agency retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. II. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required. by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or oil behalf of tine provider directly to each of the following: The Area Agency on Aging for Southwest Florida, Inc. at the following address; Area Agency oil Aging for Southwest Florida, Lne. Attn: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 20 racket Pg. 2018 ADI 203.16' 18.F.1.b July 2016 — June 2017 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 Fast 1011' Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Sections .320(f), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attu: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 Additionally, copies of financial reporting packages required by Part I1 of this agreement shall be submitted by or on behalf of the provider duectl , to each of the following, The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 The Auditor General's Office at the following address; State of Florida Auditor General CIaude Pepper Building, Room 574 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Agency pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Providers, when submitting financial reporting packages to the Agency for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that tlhe reporting package was delivered to the provider in correspondence accompanying the reporting package. III. PART IV: RECORD RETENTION The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six (6) years from the date the audit report is issued, and shall allow the Agency or its designee, the CFO or Auditor General Access to such records upon request. The provider shall ensure that audit working papers are made available to the Agency, or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by the Agency. 21 N E w 0 d B E E 0 4 V) E iv 0 0 cc U r LL: es r Packet Pg. 2019 July 2016 — June 2017 PART L AUDIT RELATIONSHIP DETERMINATION ADI 203,16 16.F.1.b ATTACHMENT III EXHIBIT 1 Providers who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part §200.500, and/or Section 215.973 Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set = forth in Part I and/or Part II of Exhibit 1 is met. Providers who have been determined to be vendors are not subject to the audit requirements of 2 CFR Pant §200.38, and/or Section 215.97, Fla, Stat. Regardless of whether the audit requirements a are tnet, providers who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. In accordance with 2 CFR Part §200 and/or Rule 691-5.006, FAC, provider has been determined to be: E Vendor not subject to 2 CFR Part §200.38 and/or Section 215.97, F.S. a Recipient/subrecipient subject to 2 CFR Part §200.86 and §200.93 and/or Section 215.97, F.S. v Exempt organization not subject to 2 CFR Pati §200 and/or Section 215.97, F.S. For Federal awards, for-profit E organizations are exempt; for state financial assistance projects, public universities, community colleges, district o school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must = comply with all compliance requirements set forth within the contract or award document.0 :r m U NOTE: If a provider is determined to be a recipient/subrecipient of federal and or state financial assistance and has been approved by the Agency to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-.5006, FAC [state Financial assistance] and 2 CFR Part §200.3 3 0 [federal awards]. PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal 00 awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a subrecipient must comply with the following fiscal laws, rules and regulations: Y STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Part X200.416 — Cost Princiules" 2 CFR Part §200.201 — Administrative Requirements" 2 CFR Part §200.500 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part §200.400-.411 —Cost Principles* 2 CFR Pant §200.100 — Administrative Requirements 2 CFR Part §200.500 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR Part §200.418 — Cost Principles* 2 CFR Part §200.100 — Administrative Requirements 2 CFR Part §200.500 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 22 Packet Pg. 202/ i i ADI 203.1 98.F.1.b July 2016 —June 2017 "Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the 2 CFR Part §200.400(5) (c). **For funding passed through U.S, Health and Hanan Services, 45 CFR 92; for fiinding passed through U.S. Department of Education, 34 CFR 80. STATE FINANCIAL ASSISTANCE. Providers who receive state fuiancial assistance and who are determined to be a recipient/subrecipient must comply with the following fiscal laws, rules and regulations: Section 215.97, Fla. Stat. Chapter 69I-5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations r CO r 23 �yry I Packet Pg. 2021 July 2016 — June 2017 FINANCIAL AND COMPLIANCE AUDIT ATTACHMENT FUNDING SUMMARY ADI 203.16 76F.1.b ATTACHMENT IH EXHIBIT 2 Note: Title 2 CFR § 200.331, As Revised, and Section 215.97(5), Florida Statutes, Require That Information About Federal Programs and State Projects Be Provided to the Recipient and Are Stated in the Financial and Compliance Audit Attachment and Exhibit 1. Financial and Compliance Audit Attachment, Exhibit 2 -Funding Summary Provides Information Regarding the Funding Sources Applicable to This Contract, Contained 1-Ierein, is A Prediction ofFunding Sources and Related Amounts Based on the Contract Budget. 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: GRANT AWARD CAIN# : N/A FEDERAL AWARD DATE: CSFA AMOUNT DUNS NUMBER: 966140837 65004 $ 312,015.00 PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: FEDERAL FUNDS: 2 CFR Part 200 — Uniform Administrative Regttire►nents, Cost Principles, and Audit Requirements for Federal Awards. OMB Circular A-133, As amended — Audits of States, Local Governments, and Nan -Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO See. 215.97, F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT Alzheimer's Disease Initiative General Revenue / TSTF-Collier 65004 $ 312,015.00 TOTAL AWARD S 312,015.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: }STATE FINANCIAL ASSISTANCE: Section 215.97, F.S., Chapter 691-5, FL Admin Code, Reference Guide for State Expenditures, Other fiscal requirements set forth in program laws, rules and regulations. 2 I 24 Packet Pg. 2022 July 2016 — June 2017 ADI 203.1 16.F.1 b ATTACHMENT VI ALZHEIMER'S DISEASE INITIATIVE PROGRAM ANNUAL BUDGET SUMMARY for Collier County Board of County Commissioners Collier ALLOCATION TOTAL RATE REPORT DELIVERABLES CaseA -*I: (v.-.il'.... tAlul V1LIGl Case Management: Collier Respite fil-Facility: Collier Respite In -Home: Collier Specialized Medical Equipment, Services and Supplies 1 Transportation $ 312,015.00 HIGHEST METHOD OF REIMBURSEMENT PAYMENTS UNIT RATE Q 33.R8 Fixed Fee / Unit Rate, $60.00 Fixed Fee / Unit Rate $12.83 Fixed Fee / Unit Rate $25.67 Fixed Fee / Unit Rate Cost Reimbursement Cost Reimbursement 25 c a� Y r_ N N Q C E 0 0 r_ 0 R U :v r LL r r le Q o. Cu Q Y Q Q N c� N r, E u Y Packet Pg. 2023 July 2016 — June 2017 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 INVOICE REPORT SCHEDULE ALZHEIMER'S DISEASE INITIATIVE Based On July Advance* August Advance* July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Report January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report June Expenditure Report Final Request for Payment Closeout Report Legend: * Advance based on projected cash need. ADI 203.16 16.F.1.b ATTACHMENT VII Submit to State on This Date July 1 July 1 August 9 September 9 October 9 November 9 December 9 January 9 February 9 March 9 April May 9 June 9 July 9 July 25 August 1 Note # is Report 41 for Advance Basis Contracts cannot be submitted to the Area Agency on Aging for Southwest Florida, Inc. prior to July I or until the contract with the Agency has been executed and a copy sent to Agency on Aging for Southwest Florida, Inc. Actual submission of the vouchers to Agency is dependent on the accuracy of the expenditure report. Note # 2: All advance payments made to the Contractor shall be returned to the Agency as follows: one — tenth of the advance payment received shall be reported as an advance recoupment on each request for payment, starting with report number five. The adjustment shall be recorded in Part C, Line I of the report (ATTAC1MENT IX). Note # 3: Submission of expenditure reports may or may not generate a payment request, If final expenditure report reflects fiends dire back to the Agency, payment is to accompany the report. 26 Packet Pg. 2024 July 2016 - June 2017 ADI 203.1 16.F.1.b ATTACHMENT VIII REQUEST FOR PAYMENT ALZHEIMERS DISEASE INITIATIVE PROGRAM RECIP01TIME, ADDRESS. PHONE.'and FEW TYPE OF REPORT: ThisRequzstPeriod PSA# A PA11dE1 IT REQUEST: Report# Regular Supplemental ConuactR B. MET HOD OF PAYNV1T: Contract Period Aare Reintxrsemenl,_,. CERT F�ATIOft: therLbycertiiytothe bestofrryInwd,cdgathat this regrestiscomplete a dCOR eda dcoriormsvith the terasandthe ptiposesor,"seabwecontract. Prepared by Date: Approved b :_ Date - (1) (1) T PART A BUDGET SUNT -My Iladet Da TOTAL. 1. Aypmed ConUad Annud $O -DD $0.00 50.00 2. Pie iousRedsReceivsdforContractPeriod SOHO $0.00 SO.00 3. Contract Balance One 1 mine ine 2) SO -00 50.00 $0.00 4.PretiousFunds Requested and Not Received for Contract Period S0.00 50.00 SO.00 6. Contract Balance One 3 minus [no 4) SD -00 $0.00 $0.00 PART B: COF1fRACTFUfDSREQUEST 1. Anticipated Cash Needs (Ist•2nd morth,AttachJustfication) SO.00 SOHO 50.00 2. Fiat E)pendrtue s For Month SO.00 $0.00 $0.00 (DOEA Form 10fZ Part B, Line 3) 3. TOTAL $0.00 $0,00 $0.00 PART C: IF-TFUIIDS REQUESTED 1. Less Advanco Applied 50.00 SO.00 SO.OD 2. Contract Funds are Hereby Requested for (Pad B, Line 3 $0.00 $0.00 $0.00 ninusPartC,Line 1) List of Services /Urits /Rates provided -See anached report. DOEAFORf.1106Z Ra60 EA'12 27 Packet Pg.. 2025 i July 2016 - June 2017 RECEIPTAND EXPENDITURE REPORT ALZHEIMERS DISEASE INITIATIVE PROGRAM ADI 203.16 16.F.1 b ATTACHMENT IX PROVI DER MAE, ADDRESS, PHONE# and FEID4Program Funding: THIS REPORTPER1011 From To Respite CONTRACT PERIOD: Model Day Care CONTRACT # REPORT # PSA# CERTIFICATION: I certify to the best of my knoMedge and belief that the rep ori is complete and correct and ati outlays herein are for purposes set forth in the contract Prepared by: -Date: Approved by: Dale: PART A. 13UDGETED INCOME! RECEIPTS 1. Appfoved 2. Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budget 1. State Funds $0,00 50.00 $0.00 #DIV101 2. Program Income $0.00 $0.00 50.00 4DIV101 3. Local Cash Match $0.00 S0.00 50.00 #DIV101 4. SUBTOTAL_ CASH RECEIPTS 5. Local In -Kind Match 6. TOTAL RECEIPTS 50.00 $0.00 $0.00 4DIVl01 PART B, EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Re ort Yearto Date Approved Budget 1. Administrative Services $0.00 $0.00 50.00 #DIVf01 2. Service Subcontractor(s) $0.00 $0.00 50.00 11DIV101 3. TOTAL EXPENDITURES $0.00 $0.00 $0-00 4DIVf01 PART C: OTHER REVENUE AND EXPENDITURES II. Interest: III. Advance Recouped I_ Program Income (PI) 1. Earned on GR Advance S S 1. ADI: PI Collected YTD $ 2. Return of GR Advance $ (Includes co -payments collected) 3.Other Earned $ PART D: CO -PAYMENTS CURRENT MONTH YEAR-TO-DATE 1. Total of Co -payments assessed $ $ 2. Total of Co -payments collected $ $ (For Tracldag Purposes only) DOrAFORu WSZ Reiatd S12W010 - 28 Packet Pg. 2026 i Revised August 2007 Attestation Statement Agreement/Contract Number: ADI 203.16 Amendment Number: N//A 1, Steve Carnell , attest that no changes or revisions have been made to the (Recipient/Contractor representative) content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida and Public Services Denartrnent Head (Recipient/Contractor name) The only exception to this statement would be for changes in Page formatting, due to the differences in electronic data processing media, which has no affect on the agreement/contract content. re of eipient/Contractor representative Revised August 2007 Date 1li.F.1.b r a+ CD M m r m .Q Q c E 0 U) E a) Y 0 0 cc cc U M t` COcti r - CO T Y U d. i Q G J Approved as to form and legality 0 cv Assistant County Attorney 21 Packet Pg. 2027 July 2016 — June 2017 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. HOME CARE FOR THE ELDERLY PROGRAM CONTRACT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS HCE 203 96.F1.b THIS CONTRACT is entered into between the State of Area Agency on Aging for Southwest Florida, Inc. (Ageticy) and Collier County Board of County Commissioners (Contractor), and collectively referred to as the "Parties." The term Contractor for this purpose may designate a Vendor, Subgrantee or Subrecipient. WITNESSETH THAT: WHEREAS, the Agency has determined that it is in need of certain services as described herein; and WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent Contractor of the Agency. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth, the Parties agree as follows: 1. Purpose of Contract The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments, forms, exhibits and references incorporated, which constitute the contract document. 2. Lrcorjuoration of Docum nts within flee Contract The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department handbooks, manuals or desk books and Master Contract number HMO 14, as an integral part of the contract, except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract documents) shall prevail over inconsistent provisions in the proposal(s) or other general materials not specific to this contract document and identified attachments. 3. Term of Contract This contract shall begin at twelve (12:00) A.M., Eastern Standard Time July 1, 2016 or on the date the contract has been signed by the last party required to sign it, Nvhichever is later. It shall end at eleven fifty-nine (11:59) P.M., Eastern Standard Time, June 30, 2017, 4. Contract Amorutt The Agency agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed S42.250A0, or the rate schedule, subject to the availability of finds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 5, RerieNyal.5 By mutual agreement of the Parties, in accordance with s. 287.058(I)(g), F.S., the Agency may renew the contract for a period not to exceed three years, or the term of the original contract, whichever is longer. The renewal price, or rnetlrod for determining a renewal price, is set forth in the bid, proposal, or reply. No other costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the Agency and the availability of funds. Packet Pg. 2028 July 2016 — June 2017 6, e aud rr njajiyaffame& Addrgsses-an i T02ij It 9 112 2juug r' HCE 20 16.F.1.b 7. All Tei -ms and Conditions Included: This contract and its Attachments, I -III, V1- IX, G and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF, the Parties hereto have caused this 30 page contract, to be executed by their undersigned officials as duly authorized. Contractor: COLLIER COUNTY BOARD OF CO TY OMMISSIONER SIGNED BY:� NAME: Steve Carnell TITLE: Public Services Department Head DATE: Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED BY: NAME: MARIANNE G LORINI TITLE: PRESIDENT/CEO DATE Approved as to form and legality a, c :c a� d a� d c E 0 E 0 C 0 U Y r T v 00 0 U CL �a c a� c 0 N sa Q to 0 N N c 0 E U Q 2 Assistant County Attorney 60 � Packet Pg. 2029 Collier County Board of County Commissioners The Contractor name, as shown on page 1 of this %Collier County Community and Human Services a. contract, and mailing address of the official payee to 3339 E Tamiami Trail, Suite 211 whom the payment shall be made is: Naples, FL 34112 Kimberley Grant, Director The name of the contact person and street address where Collier County Board of County Commissioners b' financial and administrative records are maintained is: %Collier County Community and Human Service 3339 E Tamiami Trail, Suite 211 Naples, FL 34112 Kimberley Grant, Director The name, address, and telephone number of the Collier County Board of County Commissioners C. representative of the Contractor responsible for %Collier County Community and Human Ser vice administration of the program under this contract is: 3339 E Tamiami Trail, Suite 211 Naples, FL 34112 (239) 252-2273 The section and location within the Agency where Area Agency on Aging for Southwest Florida, Inc. d Requests for Payment and Receipt and Expenditure 15201 North Cleveland Avenue, Suite 1100 forms are to be mailed is: North Fort Myers, FL 33903 Tammy Rhoades, Vice President of Finance e. The name, address, and telephone number of the Area Agency on Aging for Southwest'Florida, hie. Contract Manager for this contract is: 15201 North Cleveland Avenue, Suite 1100 North Fort Myers, FL 33903 239-652-6900 Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. 7. All Tei -ms and Conditions Included: This contract and its Attachments, I -III, V1- IX, G and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the Parties. By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF, the Parties hereto have caused this 30 page contract, to be executed by their undersigned officials as duly authorized. Contractor: COLLIER COUNTY BOARD OF CO TY OMMISSIONER SIGNED BY:� NAME: Steve Carnell TITLE: Public Services Department Head DATE: Federal Tax ID: 59-6000558 Fiscal Year Ending Date: 09/30 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED BY: NAME: MARIANNE G LORINI TITLE: PRESIDENT/CEO DATE Approved as to form and legality a, c :c a� d a� d c E 0 E 0 C 0 U Y r T v 00 0 U CL �a c a� c 0 N sa Q to 0 N N c 0 E U Q 2 Assistant County Attorney 60 � Packet Pg. 2029 July 2016 - June 2017 INDEX OF ATTACHMI ENTS HCE 203 96.F.1.b ATTACHMENTI......................................................................................................................4 STATEMENT OF WORK ATTACHMENT11...................................................................................................................16 CERTIFICA'T'IONS AND ASSURANCES ATTACHMENTIII....................................................................................................................20 EXHIBIT 1: FINANCIAL AND COMPLIANCE AUDIT EXHIBIT 2: FUNDING SUMMARY ATTACTiMENTVI ....................................................................................................................26 HOME CARE FOR THE ELDERLY ANNUAL BUDGET and RATE SUMMARY ATTACHMENTVII...................................................................................................................27 HOME CARE FOR THE ELDERLY INVOICE REPORT SCHEDULE ATTACHMENT VIII...................................................................................................................28 REQUEST FOR PAYMENT ATTACHMENTIX..................................................................................................................29 RECEIPT AND EXPENDITURE REPORT ATTACHMENTG....................................................................................................................30 BACKGROUND SCREENING 3 c a� 0 N Q _c E 0 IL N C d 0 c a cu U m cor ct> co 77. Packet Pg. 2030 July 2016 -- June 2017 STATEMENT OF WORK HOME CARE FOR THE ELDERLY PROGRAM HCE 20 16.F.1.b ATTACHMENT I. SERVICES TO BE PROVIDED N c A. Definitions of Terms Y R 1. Acronyins d Area Agency on Aging (AAA) Q Adult Protective Services (APS) c Adult Protective Services Referral Tracking Tool (ARTT) E 0 Corrective Action Plan (CAP) N Community Care for Disabled Adults (CODA) E Community Care for the Elderly (CCE) Client Information and Registration Tracking System (CIRTS) 0 Department of Children and Families (DCF) c Florida Department of Elder Affairs (DOEA) w.0 Florida Statutes (F.S.) w Home Care for Disabled Adults (HCDA) Hoare Care for the Elderly (HCE) `- Institutional Care Program (ICP) Notice of Instruction (NOI) r Planning and Service Area (PSA) Summary of Programs and Services (SOPS) 00 United States Code (U.S.C.) y m U 2. Program -Specific Terins M o- Area Plan: A plan developed by the Area Agency on Aging for Southwest Florida, Inc. outlining a comprehensive and coordinated service delivery system in its PSA inaccar•dance with the Section 306 (42 U.S.C. 3026) of Q the Older Americans Act and Department instructions. The Area Plan includes performance measures and unit rates per service offered per county. N Area Plan Update; A revision to the Area Plan wherein the Area Agency on Aging enters HCE Program a specific data in CIRTS. An update may also include other revisions to the Area Plan as instructed by the - Agengy and/or Department. N N Department of Elder Affairs Programs and Services Handbook (DOER Handbook or Handbook): An official document of the State of Florida, DOEA. Handbook includes program policies, procedures, and standards applicable to agencies which are recipients/providers of DOER funded programs and providers of grogram -funded services. An annual update is provided through a Notice of Instruction. E U Functional Assessment: A comprehensive, systematic, and multidimensional review of a person's ability to Q remain independent and in the least restrictive living arrangement. Packet Pg. 2031 July 2016 — June 2017 HCE 203 t6.F.1:b Notice of Instruction (NOI): The Department's established method to communicate to the Agency and/or Contractor the requirement to perform a particular task or activities. NOIs are located on the Department's website at http://eideraffairs.state.fl.us/doea/rrois.plp. Program Highlights: Success stories, quotes, testimonials, or human -interest vignettes that are used in the SOPS to demonstrate how programs and services help elders, families, and caregivers. Summary of Programs and Services (SOPS): A document produced by the Department and updated yearly to provide the public and the Legislature with information about programs and services for Florida's elders. B. GENERAL DESCRIPTION 1. General Statement The purpose of the HCE Program is to encourage the provision of care for elders in family -type living arrangements in private homes as an alternative to nursing homes or other institutional care settings. 2. Home Care for the Elderly Program Mission Statement The HCE Program assists caregivers of three (3) or fewer elders, living in private homes, through the provision of a basic subsidy for maintenance and supervision, as well as other necessary specialized services. 3. Authority The relevant authority governing the HCE Program includes: a. Rule Chapter 58H-1, Florida Administrative Code; b. Sections 430.601, 430.602, 430.603, 430.604, 430.605, 430.606, 430.608, F.S.; and e. The Catalog of State Financial Assistance (CSFA) Number 65001. 4. Scope of Service The Agency is responsible for the programmatic, fiscal and operational management of HCE. The program set -vices shall be provided in a manner consistent with the Agency's current Area Plan, as updated, and the current Department of Elder Affairs Programs and Services Handbook, which are incorporated by reference. 5. Major Program Goals The major goals of the HCE Program are to ensure that: a. A basic Subsidy is provided to the caregiver of each client; and b. A special Subsidy is provided when essential to the well-being of the client. C. Clients to be Served 1. General Description The HCE Program serves elders age 60 and older at risk of placement in a nursing ]ionic or other institutional setting who are able to remain in a family -style setting with a caregiver through the provision of subsidies. 2. Client Eligibility Clients eligible to receive services under this contract must: a. Be 60 years of age or older; b. Have income no greater than the ICP standard; c. Meet the ICP asset limitation; d. Be at risk of nursing home placement; 5 a c n� a� ro w d ch s a 0 N >_ 0 C 0 ro U m co d Y U ro IL ro ro iv to 0 N N w E L ro Packet Pg. 2032 July 2016 — June 2017 HCE 20 16.F;1.b e. Have an approved adult caregiver living in the home with then; who is willing and able to provide care or assist in arranging for care; and f. Not be enrolled in a Medicaid capitated long-term care program. 3. Caregiver Eligibility Caregivers eligible to receive services under this contract must: a. Be at least 18 years of age; c b. Be capable of providing a family -type living environment; c. Be a relative or a friend who has been accepted by tine client as a surrogate family, or is a responsible adult a with whom the client has made an arrangement to provide home care services; c d. Be willing to accept responsibility for the social, physical, and emotional needs of the care recipient; y e. Be physically present and live in the home to provide supervision and to assist in arrangement of services Q for the. client; f. Maintain the residential dwelling free of conditions that pose an immediate threat to the life, safety, health o -- and well-being of the home care.client; and y g. Be without record of conviction of abuse, neglect or exploitation of another person. E w 4. Targeted Groups Priority for services provided under this contract shall be given to those eligible persons assessed to be at risk a of placement in all institution. 11. MARINER OF SERVICE PROVISION ro A. Service Tasks To achieve the goals of the HCE Program, the Contractor shall perform, or ensure that its Subcontractors perform, the following tasks: 00T 1. Client Eligibility Determination The Contractor shall ensure that applicant data is evaluated to determine eligibility. Eligibility to become a client is based on meeting the requirements described in Section I.C.2. and 3. o 2. Assessment and Prioritization of Service Deliveiy for New Ciients The Contractor shall ensure the following criteria are used to prioritize new clients in the sequence below for Q service delivery. It is not the intent of the Department and/or Agency to remove existing clients from services M in order to serve new clients being assessed and prioritized for service delivery. a. Imminent Risk individuals: Individuals in the community whose mental or physical health condition has a deteriorated to the degree that self-care is not possible, there is no capable caregiver, and nursing home = placement is likely within a month or very likely within 3 months. N b. Aging Out individuals: Individuals receiving CCDA and HCDA services through the Department of Children and Families' Adult Services, transitioning to community-based services provided through the Agency and/or Department when services are not currently available. r_ d e. Service priority for individuals not included in a. and b. above, regardless of referral source, will be t determined through the Agency's functional assessment administered to each applicant, to the extent funding is available. The Contractor shall ensure that first priority is given to applicants at the higher levels Q of frailty and risk of nursing home placement. For individuals assessed at the same priority and risk of nursing home placement, priority will be given to applicants with the lesser ability to pay for services. 0 Packet Pg. 2033 July 2016 — June 2017 IICE 20 16.F.1.b` 3. Program Services The Agency and Contractor shall ensure the provision of program services is consistent with the Agency's current area plan, as updated and approved by the Agency, and the current DOEA Programs and Services Handbook. B. Use of Subcontractors c if this contract involves the use of a Subcontractor or third party, then the Contractor shall not delay the d implementation of its agreement with the Subcontractor. If any circumstance occurs that may result in a delay for ' a period of 60 days or more the initiation of the subcontract or the performance of the Subcontractor, the Contractor .2 shall notify the Agency's Contract Manager and the Agency's Vice President of Financial Officer in writing of such delay. The Contractor shall not permit a Subcontractor to perform services related to this agreement without Q having a binding Subcontractor agreement executed. In accordance with Section 23.1 of Master Contract, the Agency will not be responsible or liable for any obligations or claims resulting frost such action. _c E 0 L 1. Copies of Subcontracts w E The Contractor shall submit a copy of all subcontracts to the Contract Manager within thirty days of the a' subcontract being executed. o c 0 2. Monitoring the Perfotmance of Subcontractors The Contractor shall monitor, at least once per year, each of its Subcontractors, Subrecipients, Vendors, and/or »_ Consultants paid from funds provided under this contract. Tile Contractor shall perform fiscal, administrative and programmatic monitoring to ensure contractual compliance, fiscal accountability, programmatic performance and compliance with applicable state and federal laws and regulations. The Contractor shall monitor to ensure that time schedules are met, the budget and scope of work are accomplished within the specified time periods, and other performance goals stated in this contract are achieved. v «0 C. Staffing Requirements "" y .Y 1. Staffing Levels a The Contractor shall dedicate the staff necessary to meet the obligations of this contract and ensure that a subcontractors dedicate adequate staff accordingly. 2. Processional Qualifications Tire Contractor shall ensure that the staff responsible for performing any duties or firnctions within this contract N have the qualifications as specified in the DOEA Programs and Services Handbook. Q c 3. Service Times `o The Contractor shall ensure the availability of services listed in this contract at times appropriate to meet client N service needs, at a minimum during normal business hours. Normal business hours are defined as Monday N through Friday, 8:00 a.m. to 5:00 p.m. ?� 0 D. Deliverables c The following section provides the specific quantifiable units of deliverables and source documentation required to E evidence the completion of the tasks specified in this contract. U 1. Delivery of Services to Eligible Clients The Contractor shall ensure the provision of a continuum of services that meets the diverse needs of the functionally impaired elders and their caregivers. The Contractor shall ensure performance and reporting of Packet Pg. 2034 July 2016 -- June 2017 HCE 203 16F.1.b the following services in accordance with the Agency's Area Plan, the current DOEA Programs and Services Handbook, which is incorporated by reference, and Section II.A.1-3 of this contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. The services include the following categories: a. Basic Subsidy The Contractor shall ensure that the Basic Subsidy is a cash payment made to an approved caregiver each month to reimburse expenses incurred in caring for the client as detailed in II.D.I.b. and the DOEA Handbook, The Basic Subsidy is provided for support and maintenance of the care recipient, including housing, food, clothing, and medical costs not covered by Medicaid, Medicare or any other insurance. A Basic Subsidy shall be paid to approved caregivers when the client is in the home for any part of the month. If the client is hospitalized or in any other temporary institution for 30 days or less, the full Basic Subsidy shall be provided to the caregiver as if the client were in the home. b. Calculating the Basic Subsidy The Basic Subsidy shall be based on the financial status of the client receiving care. In the event that both a husband and wife are clients, their combined financial status shall be used to determine the amount of the Basic Subsidy. The Contractor shall ensure the Basic Subsidy is calculated in accordance with the current DOER Programs and Services Handbook. c. Special Subsidy Services The Contractor shall ensure that the Special Subsidy payments are pre -authorized and are based on additional specialized medical or health care services, supplies or equipment needed to maintain the health and well-being of the individual elder. The Special Subsidy for additional medical support and special services is a cash payment to reimburse the costs of any other service or special care not covered by Medicaid, Medicare, or private insurance when these services are determined to be essential to maintain the well-being of the house care recipient. A Special Subsidy shall be paid to the approved caregivers when the client is in the home for ally part of tine month. Special Subsidy Services may be authorized through a vendor agreement. All Special Subsidy services must be performed in accordance with the Department of Fider Affairs Programs and Services Handbook, Special Subsidy services include the following: Packet Pg. 2035 July 2016 — June 2017 1) Adult Day Care 11) Housing Improvement 2) Adult Day Health 12) Material Aid 3) Care Caregiver 13) Occupational Therapy Training/Support 14) Other 15) Personal Care 4) ) Chore Chore (Enhanced) 16) Physical Therapy 6 6) Counseling 17) Respite (Facility Based or In- (Gerontological) Home) 18) Skilled Nursing Services 7) Counseling (Mental 19) Specialized Medical Health/Screening)Equipment, Services and 8} Home Health Aide Supplies 9) Service Homemaker 20) 20) Speech Therapy 10) Home Delivered 21) Transportation Meals HCE 20 16.F.1.b d. Access to and Coordination of Services The Contractor shall ensure, through case management and case aide services, that the HCE client's needs are documented and needed services are planned, arranged and coordinated for the client and caregiver. 2. Service Units The Contractor shall ensure that the provision of services described in this contract is in accordance with the current DOEA Programs and Services Handbook and the service tasks described in Section H.A. ATTACHMENT VI lists the services that can be performed, the highest reimbursement unit rate, the method of payment, and the service unit type. Units of service will be paid pursuant to the rate established in the Agency's Area Plan as updated, as shown in ATTACHMENT VI, and approved by the Agency. E. Reports The Contractor shall respond to additional routine or special requests for information and reports required by the Agency in a timely mariner as determined by the Contract Manager. The Contractor shall establish reporting due dates for Subcontractors that permit the Contractor to meet the Agency's reporting requirements. 1. CIRTS Reports The Contractor shall input HCE-specific data into CIRTS. To ensure CIRTS data accuracy, the Contractor shall use CIRTS-generated reports which include the following: a. Client Repor#s; b. Monitoring Reports; c. Services Reports; d. Miscellaneous Reports; e. Fiscal Reports; f. Aging and Disability Resource Center Reports; and g. Outcome Measurement Reports. 9 Packet Pg. 2036] July 2016 — June 2017 HCE 20 16.F.t.b 2. Service Cost Reports The Agency shall require the Contractor to submit Annual Service Cost Reports, which reflect actual costs of providing each service by program. This Annual Service Cost Report provides information for planning and negotiating unit rates. The General Revenue Service Cost Reports are due by August 15, 2016 for the prior Year. N 3. Sur•pius/Deficit Report '_c - The Contractor shall submit a Consolidated Surplus/Deficit Report, in a format provided by the Agency to the W Agency Contract Manager, by the 18th of each month. This Consolidated Surplus/Deficit Report is for all agreements and contracts between the Contractor and the Agency and Hurst include the following: c a� y a. Contractor's current status regarding surplus/deficit; a b. The Contractor's detailed plan ort how the surplus/deficit spending exceeding the threshold specified by the c E Agency will be resolved; 2 c. Recommendations to transfer funds to resolve surplus/deficit spending; N d. Input from the Agency's Board of Directors on resolution of spending issues, if applicable; e. Number of clients currently on APCL that receive a priority ranking score of 4 or 5; and o f. Number of clients currently on the APCL designated as Imminent Risk, o E. Records and Documentation U m 1. Requests for Payment r - The Contractor shall maintain documentation to support Requests for Payment that shall be available to the u Agency or authorized individuals upon request. 2. CLRTS Data and Maintenance 00 r The Contractor shall ensure, on a monthly basis, collection and maintenance of client and service information in CIRTS or any such system designated by the Agency. Maintenance includes accurate and current data, and Y valid exports and backups of all data and systems according to Agency standards. m 3. Data integrity and Back up Procedures Each Contractor shall anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data m and software essential to the continued operation of contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. It s is recommended that a copy of the backed up data be stored in a secure, offsite location. 4 4. Policies and Procedures for Records and Documentation T The Contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement of its subcontractors. These policies and procedures shall be made available C'4, to the Agency upon request. F. Performance Specifications w: E 1. Outcomes a►tci Outputs (Performance Measures) U 4 The Contractor must: a. Ensure the prioritization and service provision of clients in accordance with Section I1.A.1-2. of this contract; 10 Packet Pg. 2037 July 2016 — June 2017 HCE 20 b. Ensure the provision of the services described in this contract are in accordance with the current DOEA Programs and Services Handbook and Section II.D of this contract; e. Timely submit to the Agency all required documentation and reports described in Section II.E; and d. Timely (in accordance with ATTACHMENT VII) and accurately submit ATTACHMENTS VIII, and ATTACHMENT IX, and supporting documentation, w a� m 2. Monitoring and Evaluation Methodology 5: The Agency will review and evaluate the performance of the Contractor under the terms of this contract. I Monitoring shall be conducted through direct contact with the Contractor through telephone, in writing, and/or cc on-site visit(s). The Agency's determination of acceptable performance shall be conclusive. The Contractor agrees to cooperate with the Agency in monitoring the progress of completion of the service tasks and c deliverables. The Agency may use, but is not limited to, one or more of the following methods for E monitoring: a. Desk reviews and analytical reviews; Q b. Scheduled, unscheduled, and follow-up on-site visits; o c C. Client visits; g d. Review of independent auditor's reports; e. Review of third -party documents and/or evaluation; "= f. Review of progress reports; g. Review of customer satisfaction surveys; ur Ii. Agreed-upon procedures review by an external auditor or consultant; L Limited -scope reviews; and j. Other procedures as deemed necessary. r G. Contractor Responsibilities r; 1. Contractor Accountability All service tasks and deliverables pursuant to this contract are solely and exclusively the responsibility of the Contractor, and for which, by execution of the contract, the Contractor agrees to be held accountable. 2. Coordination with Other Providers and/or Entities Notwithstanding that services for which the Contractor is held accountable involve coordination with other entities in performing the requirements of the contract; the failure of other entities does not alleviate the Contractor from any accountability for tasks or services that the Contractor is obligated to perform pursuant to this contract. H. Agency Responsibilities 1. Agency Obligations The Agency will provide technical support to assist the Contractor in meeting the requirements of this contract 2. Agency Determinations The Agency reserves the exclusive right to make certain determinations in the tasks and approaches. The absence of the Agency setting forth a specific reservation of rights does not mean that all other areas of the contract are subject to mutual agreement. II Packet Pg. 2038 July 2016 — June 2017 III, METHOD OF PAYMENT HCE 20 16.F.1.b A. Payment Methods Used The Method of Payment for this contract is a combination of fixed-fee/unit rate, cost reimbursement, and advance payments, subject to the availability of funds and Contractor performance. The Agency will pay the Contractor upon satisfactory completion of the Tasks/Deliverables, as specified in Section 11, Manner of Service Provision, and in accordance with other terms and conditions of the contract. 1. Fixed Fee/Unit Rate Payments for Fixed Fee/Unit Rate shall not exceed amounts established in ATTACHMENT VI. 2. Cost Reimbursement Payment may be authorized only for allowable expenditures, which are in accordance with the services specified in ATTACHMENT VI. All Cost Reimbursement m u s t i n c l u d e Requests for Payment (ATTACHMENT VIH) and the Receipt and Expenditure Report (ATTACHMENT IX), beginning with the first month of the contract. 3. Advance Payments The Contractor may request up to two (2) mouths of advances at the start of the contract period to cover program, administrative and service costs. The payment of an advance will be contingent upon the sufficiency and amount of funds released to the Agency and the Department by the State of Florida ("budget release"). The Contractor's requests for advances require the approval of the Agency and/or DOEA Contract Manager. The Contractor shall provide the Agency Contract Manager documentation justifying the need for an advance and describing how the funds will be distributed. If sufficient budget is available, the Agency will issue approved advanced payments after July 1st of the contract year. a. All advanced payments retained by the Contractor must be fully expended no later than September 30, 2016. Any portion of advanced payments not expended must be recouped on the Invoice Schedule, report number 5, due to the Agency on October 9, 2016, in accordance with the Invoice Schedule, ATTACHMENT VII. b. All advance payments made to the Contractor shall be reimbursed to the Agency as follows: At least one—tenth of the advance payment received shall be reported as an advance recoupment on each Request for Payment, starting with report number five, in accordance with the Invoice Schedule, ATTACHMENT VII. B. Method of Invoice Payment Payment shall be made upon the Contractor's presentation of an invoice subsequent to the acceptance and approval by the Agency of the deliverables shown on the invoice. Tile form and substance of each invoice submitted by the Contractor shall be as follows: I. Have a Remittance Address that corresponds exactly to the "Remit To" address provided to MFMP during registration; 2. Request payment on a monthly basis for the units of services established in the Agency's approved Area PIan and provided in conformance with the requirements as described in the DOEA Programs and Services Handbook, at the rates established in ATTACHMENT VI of the contract. Documentation of service delivery must include a report consisting of the following: number of clients served, number of service units provided by service, and rate per service unit with calculations that equal the total invoice amount. Any 12 ar c w a� a� R a� N .Q Q c E 0 N E d 0 c 0 Y cs m T r oa a U t9 Q. CU iv 4 N d CD N C:} N c 0 E U cu <L Packet Pg. 2039 July 2016 — June 2017 HCE 20 16.F.1.b requested changes to the approved budget subsequent to the execution of the contract, must be submitted to the Contract Manager for approval. Any change to the total contract amount requires a formal amendment; 3. All Requests for Payment shall be based on the submission of monthly Expenditure Reports beginning with the first month of the contract. The schedule for submission of advance requests (when available) and invoices is Invoice Schedule, ATTACHMENT VII. C. Payment Withholding Any payment due by the Agency under the terms of this contract may be withheld pending the receipt and approval by the Agency of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved as outlined in Section 26 of the Master Contract. D. Final Invoice Instructions The Contractor shall submit the final Request for Payment to the Agency no later than July 25, 2017. E. HCE Basics and Subsidy Data Entries Schedule The Contractor mist ensure all data for HCE subsidies are entered in CIRTS by the 15th of each month. HCE subsidy data entered into the CIRTS by the 15th of the month will be for payments incurred between the 16th of the previous month and including billing up to the 15th of the current month. The Contractor shall ensure data entry for HCE subsidies will cease on the 15th of the month and the CIRTS Monthly Service Utilization Report, by consumer and by worker identification is generated. The Contractor shall ensure the Monthly Utilization Report by consumer and by worker identification is verified, corrected, and certified no later than the 20th of the month in which the Report is generated. (Case management data entered into CIRTS by the entered prior to the 9th of the month shall be for units of service provided during the previous billing month from the I" and up to and including the last day of the previous month and also entered before submitting billing reports which are due by the 9`'' of each month) F. CIRTS Data Entries for Contractors it 1_.._ r_.. _t'___es d C1 TO k-1at.b.,..,4 aL., nnE n Pr and Th e l.On[Cc�ctor InUSI BnteC all iGlt It 11 red UAL[1 tut l.%ttcllls aria Scri�iCcS iri C1 RT U un�nuao� rte, u,�. ,wL� . ,Cgr?unS «.. Services Handbook and the CIRTS User Manual — Aging Provider Network users (located in Documents on the CIRTS Enterprise Application Services). Contractors must enter this data, CAV and CMV for the previous month's billing, no later than the 9`i' of each month into CIRTS prior to submitting their requests for payment and expenditure reports to the Agency. The Contractor must submit billing receipts over $150 (total for the month). G. Time Limits The caregiver must submit the receipts to the case manager within 30 days. Caregivers will be reimbursed within 60 days of submitting the original receipt to the Contractor. 'When the contractor submits the receipts to the Agency for the monthly billing, the receipts must be less than 60 days. H. Contractors' Monthly CIRTS Reports The Agency must require Contractors to run monthly CIRTS reports and verify client and service data in CIRTS is accurate, This report must be submitted to the Agency with the monthly Request for Payment and Expenditure Report and must be reviewed by the Agency before the Contractor's Request for Payment and Expenditure Reports can be approved by the Agency. 13 N as CD m m c d y E 0 L N E a, 0 0 U co rr r LL: r r 00 W U Rf L1. CD m c to r 0 N N A 7 c 0 E U �a Q Packet Pg. 2040 HCE 203 1ti.F.1.b' July 2016 — Aine 2017 I. Corrective Action Plan 1. Contractor shall ensure 100% of tine deliverables identified in Section II.D.1-3 of this contract, are performed pursuant to contract requirements. 2. If at any time the Contractor is notified by the Agency Contract Manager that it has failed to correctly, completely, or adequately perform contract deliverables identified in Section II. D. 1-3 of this contract, the Contractor will have 10 days to submit a Corrective Action Plan ("CAP") to the Agency Contract Manager that & addresses the deficiencies and states how the deficiencies will be remedied within a time period approved by the Agency Contract Manager. The Agency shall assess a Financial Consequence for Non -Compliance on the Contractor as referenced in Section III.J. of this contract for each deficiency identified in the CAP which is not corrected pursuant to the CAP. The Agency will also assess a Financial Consequence for failure to N timely submit a CAP. e r- 3. If the Contractor fails to correct an identified deficiency within the approved time period specified in the CAP, 3. o the Agency shall deduct the percentage established in Section III.J. of this contract, from the payment for the invoice of the following month. U) d A) 4. If Contractor fails to timely submit a CAP, the Agency shall deduct the percentage established in Section o III.J. of this contract for each day the CAP is overdue. Tile deduction will be made from thepayment for the o invoice of the following month. If, or to the extent, there is an}, conflict between Section 1, 1-3 above, and M paragraphs 39.1 and 39.2 of the Master Contract, this section shall take precedence. (o J. Financial Consequences 1. The Agency will withhold or reduce payment if the Contractor fails to perform the deliverables to the satisfaction of the Agency according to the requirements referenced in Section II.D of this contract. The following financial consequences will be imposed if the deliverables stated do not meet in pail or in whole the TT performance criteria as outlined in Section II. D. of this contract, 2. Delivery of services to eligible clients as referenced in Section II.A.1-2 and Section II.D.1 of this contract — Failure to comply with established assessment and prioritization criteria, as evidenced by CIRTS reports, will result in a 2% reduction of payment per business day. The reduction of payment will begin on the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or Q satisfactorily addressed in accordance with the Agency -approved CAP, referenced in Section III.I. T d N 3. Timely submission of a CAP — Failure to timely submit a CAP within 10 business days after notification of a deficiency by the Agency Contract Manager will result in a 2% reduction of payment per business day the r - CAP is not received, The reduction of payment will begin the first business day following the Agency's notification to the Contractor that the identified deficiency was not cured or satisfactorily N addressed in accordance with the Agency approved CAP, referenced in Section 111.1. N 21 4. Exceptions may be granted solely, in writing, by the Contract manager IV. SPECIAL PROVISIONS _ a� _ U A. Final Budget and Funding Revision Requests �6 Q Final requests for budget revisions or adjustments to contract funds based on expenditures for provided services must be submitted to the Agency Contract Manager in writing no later than June 25, 2017; email requests are considered acceptable. 14 Packet Pg. 2041 July 2016 — June 2017 B. Contractor's Financial Obligations HCE 20 16F.1.b 1. Use of Service Dollars and Management of the Assessed Priority Consumer List The Contractor is expected to spend all fiends provided by the Agency for the purpose specified in this contract. The Contractor must manage the service dollars in such a manner so as to avoid having a wait list and a surplus of fiends at the end of the contract period. If the Agency determines that the Contractor is not spending service funds accordingly, the Agency may transfer funds to other Lead Agencies in the PSA during the contract period and/or adjust subsequent finding allocations accordingly, as allowable under state and federal law. C. Remedies for Nonconforming Services 1. The Contractor shall ensure that all goods and/or services provided under this contract are delivered timely, completely and commensurate with required standards of quality. Such goods and/or services will only be delivered to eligible program participants. 2. If the Contractor fails to meet the prescribed quality standards for services, such services will not be reimbursed under this contract. In addition, any nonconforming goods (including home delivered meals) and/or services not meeting such standards will not be reimbursed under this contract. The Contractor's signature on the Request for Payment Form certifies maintenance of supporting documentation and acknowledgement that the Contractor shall solely bear the costs associated with preparing or providing nonconforming goods and/or services, The Agency requires immediate notice of any significant and/or- systemic infractions that compromise the quality, security or continuity of services to clients. 15 Packet Pg. 2042 July 2016 — June 2017 CERTIFICATIONS AND ASSURANCES HCE 20 16.F.1.b ATTACHMENT II The Agency and/or DOEA will not aNvard this contract unless Contractor completes the CERTIFICATIONS AND ASSURANCES contained in this Attachment. in performance of this contract, Contractor provides the following certifications and assurances: A. Debarment and Susnension Certification (29 CFR Part 95 and 45 B. Cet tification Re ag i—diiig Lobbxin f29 CFR Part 93 and 45 CFR Part 93) C. Nondiscrimination & Eaual 0imortimily Assurance (29 CFR Part 37 and 45 CFR Part 801 D. Certification Regarding Public Entity Crimes section 287.133, F.S. E. association of Coin nnunite Organizations for Reform Now (ACORM Fnndiitg Restrictions Assurance (Pub. L. 111-117) F. Certification Regarding Scrutinized Comimuies Lists section 287,135, ES, G. !e;tf cation Regarding Data Lttegrity Comoliance for Agreements. Grants. Loans And Coonerative Agreements H. Verification of Emi)lovrnent Status Certification A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS – PRIMARY COVERED TRANSACTION. Tile undersigned Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily eachided from covered transactions by a Federal department or agency; 2. Have not within a three-year period preceding this Contract been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or Slate antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen propert}; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2, of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default. B. CERTIFICATION REGARDING LOBBYING – Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned Contractor certifies, to the best of its knowledge and belief, that; No Federal appropriated ftmds 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 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 employees of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative 16 Packet Pg. 2043 July 2016 — June 2017 HCE 20 16 F.1.b agreement, the undersigned shall also complete and submit Standard Form --- LLL, "Disclosure Form to Report pursuant to the Regulation of the Department of Health and Human Services (45 CFR Pant 84), to the end that, in Lobbying," in accordance with its instructions. accordance with Section 504 of that Act, and the Regulation, no otherwise qualified handicapped individual in the The undersigned shall require that language of this certification be included in the documents for all subcontracts United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and or be subjected to discrimination tinder any program or activity for which the Applicant receives Federal financial that all sub -recipients and contractors shall certify and disclose accordingly. assistance from the Department. This certification is a material representation of fact upon which reliance was placed when this Contract was made 4. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed to the Regulation of the Department of Health and Human Services (45 CFR Part 91), to the end that, in accordance by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, less than $10,000 and not more than $100,000 for each such failure. be excluded from participation in, or be subjected to discrimination under any program or activity for which the C. NON DISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE (29 CFR PART 37 AND 45 CFR PART Applicant receives Federal financial assistance from the Agency. 80). U) As a condition of the Contract, Contractor assures that it will comply fully with the nondiscrimination and equal Q opportunity provisions of the following laws: c E 1. Section 188 of the Workforce Investment Act of 1998 (WIA), (Pub. L. 105-220), which prohibits discrimination from participation in, be.denied the benefits of, or be otherwise subjected to discrimination under any education against all individuals in the United States on the basis of race, color, religion, sex national origin, age, disability, program or activity for which the Applicant receives Federal financial assistance from the Agency. political affiliation, or belief, and against beneficiaries on the basis of either citizenship!stattts as a lawfully admitted a; immigrant authorized to work in the United States or participation in any WIA Title 1 -financially assisted program o or activity; conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe 2. Title VI of the Civil Rights Act of 1964 (Pub. L, 88-352), as amended, and all requirements imposed by or pursuant 0 to the Regulation of the Department of Health and Human Services (45 CFR Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to r discrimination under any program or activity for which the Applicant receives Federal financial assistance from the u,: Department and/or Agency. cci T 3. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Pant 84), to the end that, in W accordance with Section 504 of that Act, and the Regulation, no otherwise qualified handicapped individual in the v United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, Y or be subjected to discrimination tinder any program or activity for which the Applicant receives Federal financial assistance from the Department. 4. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 91), to the end that, in accordance Q with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Agency. 5. Title IX of the Educational Amendments of 1972 (Pub. L. 92-318), as amended, and all requirements imposed by c or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Pant 86), to the end that, W in accordance with Title IX and tine Regulation, no person in the United States shall, on the basis of sex, be excluded N from participation in, be.denied the benefits of, or be otherwise subjected to discrimination under any education (i program or activity for which the Applicant receives Federal financial assistance from the Agency. 14 6. The American with Disabilities Act of 1990 (Pub. L. 101-336), prohibits discrimination in all employment practices, including, job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities, and; 17 Packet Pg. 2044 July 2016 — June 2017 HCE 20 16.F.1.b 7. Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to Contractor's operation of the WIA Title I — financially assisted program or activity, and to all agreements Contractor makes to carry out the WIA Title I — financially assisted program or activity. Contractor understands that DOER and the United States have the right to seek judicial enforcement of the assurance. D. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Contractor understands and agrees that it is required to inform the Agency and/or DOER immediately upon any change of circumstances regarding this status. E. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS ASSURANCE (Pub. L. 111-117). As a condition of the Contract, Contractor assures that it will comply fully with the federal funding restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111-117). The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under tine conditions provided by Pub. L. 111-117. The undersigned shall require that language of this assurance be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub recipients and contractors shall provide this assurance accordingly. F. SCRUTINIZED COMPANIES LISTS CERTIFICATION, SECTION 287.135, F.S. U. If this Contract is in the amount of $1 million or more, in accordance with the requirements of section 287.135, F.S., C6 Contractor hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the - Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to co section 215.473, F.S. Contractor understands that pursuant to section 287.135, F.S., the submission of a false certification may subject 0 Contractor to civil penalties, attorney's fees, and/or costs. a. If Contractor is unable to certify to any of the statements in this certification, Contractor shall attach an explanation to this Contract, ai G. CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, R LOANS AND COOPERATIVE AGREEMENTS 1. The Contractor and any Subcontractors of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of Q each grant -funded project or program in accordance with the prescribed reporting requirements; (2) the source and to application of fields for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. Tile inability to process information in accordance with these requirements could result in a return N of grant funds that have not been accounted for properly. N 2. Management Information Systems used by the Contractor, Subcontractors, or any outside entity on which the Contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non- compliant, Contractors will take immediate action to assure data integrity. U Q INZ 1 Packet Pg. 2045 I I July 2016 — June 2017 HCE 20 3. If this contract includes the provision of hardware, sofhvare, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the Contractor (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the Contractor agrees to immediately make required corrections to restore hardware and sofrivare programs to the same level of functionality as warranted herein, at no charge to the state, and without interruption to the ongoing business of the state, time being of the essence. 4. The Contractor and any Subcontractors of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising a from data integrity compliance issues. c E 0 H. VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION As a condition of contracting with the Area Agency on Aging for Southwest Florida, Inc., Contractor certifies the use E of the U.S. Department of Homeland Security's E -verify system to verify the employment eligibility of all new o employees hired by Contractor during the contract term to perform employment duties pursuant to this contract and 0 that any subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this Agreement utilize the E -verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the entire contract term. rr The Contractor shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all Subcontractors shall certify compliance accordingly. r - This certification is a material representation of fact upon which reliance was placed when this transaction was made - or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A-102 and 2 CFR Part 200, and 215 (formerly OMB Circular A-110). By signing below, Contractor certifies the representations outlined in parts A through H above are true and correct. (Signature an Title of Authorized Representative) Collier County Board of County Conunissioners !'`; Contractor Date 3339 E. Tamianri Trail, Suite 211 (Street) Naples FL 34112 (City, State, ZIP Code) 19 Approved as to form and legality Assistant County Attorney Packet Pg. 2046' July 2016 — June 2017 FINANCIAL AND COMPLIANCE AUDIT HCE 20 ATTACHMENT III The administration of resources awarded by the Agency to the provider may be subject to audits and/or monitoring by the Area Agency on Aging for Southwest Florida, Inc., as described in this section. I. MONITORING Ili addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 21 S.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by the Agency staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Agency. In the event the Agency determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by the Agency to the provider regarding such audit. The provide]- further roviderfather agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. Ili the event that the provider expends $750,000.00 or more in federal awards during its fiscal year, the provider must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 2 to this agreement indicates federal resources awarded through the Agency by this agreement. In determining the federal awards expended in its fiscal year, the provider shall consider all sources of Federal awards, including federal resources received from the Agency. Tile determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Ch-cular A-133, as revised. An audit of the provider conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements ofthis part. T -n conuectron will. the a.rdrt requrren;ents addressed ;,n Part 1, paragraph 1, tine provide. s"all (1,14-1111 the requrrerrernts relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the provider expends less than $750,000.00 in federal awards in its fiscal year, an audit conducted ill accordance with the provisioiis of OMB Circular A-133, as revised, is not required. hi the event that the provider expends less than $750,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from provider resources obtained from other than federal entities.) Ail audit conducted in accordance with this part shall cover the entire organization for tine organization's fiscal year. Compliance findings related to agreements with the Agency shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement, The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to tine Agency shall be fully disclosed in the audit report with reference to the Department of Elder Affairs agreement involved. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of federal awards shall identify expenditures by agreement number for each agreement with the Agency in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal year end. 20 Packet Pg. 2047 July 2016 — June 2017 HCE 20 1ti.F.1.b PART II: STATE FUNDED This part is applicable if the provider is a non -state entity as defined by Section 215.97(2), F.S. In the event that the provider expends a total amount of state financial assistance equal to or in excess of $750,000.00 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the om Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit S organizations), Rules of the Auditor General. EXIIIBIT 2 to this agreement indicates state financial assistance awarded through the Agency by this agreement. Ili determining the state financial assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including state financial assistance received from the Agency, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or u°', pass-through awards and resources received by a nonstate entity for Federal program matching requirements. Q c Ili connection with the audit requirements addressed in Part 11, paragraph 1, the provider shall ensure that the audit complies o with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2), F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. d 0 If the provider expends less than $750,000.00 in state financial assistance in its fiscal year (for fiscal years ending September a 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the - a event that the provider expends Iess than $750,000.00 in state financial assistance in its fiscal year and elects to have an 2 audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than State entities). LL: 6 An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. r Compliance findings related to agreements with the Agency shall be based on the agreement's requirements, including any applicable rifles, regulations, or statutes. The financial statements shall disclose whether or not the matching 00 requirement was met for each applicable agreement. All questioned costs and liabilities due to the Agency shall be ffilly disclosed in the audit report with reference to the Agency agreement involved. If not otherwise disclosed as required by Rule 69I-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by Q agreement nuniber for each agreement with the Agency in effect during the audit period. Financial reporting m t-.- L'_ I _ L -/ L:-. Ac J---_ after delivery 1`aL- audit but no later thafi i2 � packages regiiii eo iiiiuer rots pari riiiisi ue siiuiiiitteu iviiuui �+� nays aeiGr uenvGiy o, 4i1G atiUll report, months after the provider's fiscal year end for local governmental entities. Non-profit or for-profit organizations are m required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the provider's < fiscal year end. Notwithstanding the applicability of this portion, the Agency retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to ]aw. IL PART III: REPORT SUBMISSION 5 r Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by cav PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on N behalf of the provider directly to each of the following: The Area Agency on Aging for Southwest Florida, Inc. at the following address: u W Area Agency on Aging for Southwest Florida, Ine. Attu: Tanury Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 21 Packet Pg. 2048 July 2016 — June 2017 HCE 20 1ti.F.1.b The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Chcular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101h Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Sections .320(f), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Area Agency oil Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 Additionally, copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf of the provider directly to each of the following: The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Tammy Rhoades, VP of Finance 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 The Auditor General's Office at the following address: State of Flonda Auditor general Claude Pepper Building, Room 574 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, rrranagenient letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Mules of the Auditor General, as applicable. Providers, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the provider in correspondence accompanying the reporting package, III. PART IV: RECORD RETENTION The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six (6) years from the date the audit report is issued, and shall allow the Agency or its designee, the CFO or Auditor General Access to such records upon request. The provider shall ensure that audit working papers are made available to the Agency, or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by the Agency. 22 N c w as c d .a 4 c E 0 L N -- N E 0 c 0 R U R r co U M CL M 72 iv a� Q c c 0 N N 211 0 E U M El Packet Pg. 2049 July 2016 — Jure 2017 PART I: AUDIT RELATIONSHIP DETERMINATION HCE 20 EXHIBIT 1 Providers who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part §200.500, and/or Section 21597, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part 11 of Exhibit I is met. Providers who have been determined to be vendors are not subject to the audit requirements of 2 CFR Part §200.38, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements a are met, providers who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. N In accordance with 2 CFR Part §200 and/or Rule 69I-5.006, FAC, provider has been determined to be: c E Vendor not subject to 2 CFR Part §200.38 and/or Section 215.97, F.S. ° Recipientl'subrecipient subject to 2 CFR Part §200.86 and §200.93 and/or Section 215.97, F.S. u Exempt organization not subject to 2 CFR Part §200 and/or Section 215.97, F.S. For Federal awards, for-profit organizations are exempt; for state financial assistance projects, public universities, community colleges, district ;. school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must = comply with all compliance requirements set forth within the contract or award document. .° U NOTE: If a provider is determined to be a recipient/subrecipient of federal and or state financial assistance and has been approved by the. Agency to subcontract, they must comply with Section 21597(7), F.S., and Rule 69I-.5006, FAC [state financial assistance] and 2 CFR Part §200.330[fedcral awards]. LL PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a subrecipient rmrst comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: U a 2 CFR Part §200.416 — Cost Principles* � 2 CFR Part §200.201 —Administrative Requirements" c a, 2 CFR Part §200.500 —Audit Requirements < Reference Guide for State Expenditures w Other fiscal requirements set forth in program laws, rules and regulations N Q NON-PROFIT ORGANIZATIONS MUST FOLLOW: c 2 CFR Part §200.400-.411 — Cost Principles'' co 2 CFR Part §200.100 — Administrative Requirements �+ N 2 CFR Part §200.500 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: s 2 CFR Pail §200.418 — Cost Principles* U 2 CFR Part §200.100 — Administrative Requirements Q 2 CFR Part §200.500 — Audit Requirements Reference Guide for State Expenditures 23 Packet Pg. 2050 July 2016 — June 2017 HCE 20 16.F 1.b Other fiscal requirements set forth in program laws, rules and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the 2 CFR Part §200.400(5) (c). "For funding passed through U.S. Health and Human Services, 45 CFR 92; for fimding passed through U.S. Department of Education, 34 CFR 80. a� STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a 2 recipient/subrecipient must comply with the following fiscal laws, rules and regulations: c d N Section 215.97, FIa. Stat. Chapter 691-5, Fla. Admin. Code State Projects Compliance Supplement E Reference Guide for State Expenditures 0 Other fiscal requirements set forth in program laws, rules and regulations y E a� 0 C 0 U w 24 r to ca r a. a. Ti G d Q cC N N A r O N N 21 7 9 C fU E U 2 Q Packet Pg. 2051 July 2016 — June 2017 FUNDING SUMMARY HCE 20 16.F.1.b EXHIBIT 2 Tole: Title 2 CFR § 200.331, As Revised, And Section 215.97(5), Florida Statutes, Require That the Information about Federal Programs and State Projects Included in Exhibit 1 Be Provided to the Recipient. Information Contained Herein is a Prediction of Funding Sources and Related Amounts Based on the Contract Budget. I. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: GRANT AWARD (FAIN#): NA FEDERAL AWARD DATE: NA CSFA AMOUNT DUNS NUMBER: 966140837 6500I $ 49,250.00 PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT TOTAL FEDERAL AWARD COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: EEDERAL FUNDS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, OMB Circular A-133 — Audits of States, Local Governments, and Non -Profit Organizations 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS CONTRACT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS PROGRAM TITLE YU1VDING SOLicCE U DA AMUU. Y TOTAL STATE AWARD STATE FINANCIAL ASSISTANCE SUBJECT TO See. 215.97, F.S. PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT Home Care for the Elderly General Revenue -Collier 6500I $ 49,250.00 TOTAL AWARD $ 49,250.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE AS FOLLOWS: STATE FINANCIAL ASSISTANCE Section 215.97, F.S., Chapter 691-5, FL Admin Code, Reference Guide for State Expenditures, Other fiscal requirements set forth in program laws, rules and regulations. 25 N a3 c m c N Q c E 0 L K- E d w a- 0 r- 0 0 :a r LL r r v co Y U Cl. M Q) M 2 N .:Y Q r (o r O N N w-% s U w Packet Pg. 2Q52 July 2016 — June 2017 HOME CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY Collier County Board of County Commissioners Collier HCE Case Management/Case Aide HCE Basic and Special Subsidies Total DELIVERABLES Case Aide (CAV): Collier RATE SUMMARY HIGHEST REIMBURSEMENT UNIT RATE $33.88 Case Management (CMV): Collier $60.00 Respite In-Home(RESP): Collier $10.00 Respite Vendor Payment (RESV): Collier $25.67 Homemaking Vendor Payment (HMKV): Collier $21.50 Personal Care -Vendor (PECV): Collier $25,67 Other -Background Screen -Vendor (OTHBKV): $41.25 Collier Housing Improvement (HOIM): Collier Cost Reimbursement Housing Improvement Vendor (HOIV): Collier ;Cost Reimbursement Material Aid Vendor (MATE): Collier Cost Reimbursement Transportation (TRS): Collier Specialized Medical Equipment, Services and Supplies (SCSM): Collier Specialized Medical Equipment, Services and Supplies- Vendor Payment (SCSV): Collier Cost Reimbursement Cost Reimbursement. Cost Reimbursement 26 HCE 20 ATTACHM $ 3805.00 45,445.00 $ 49,250.00 METHOD OF PAYMENTS Fixed Fee / Unit Rate Fixed Fee / Unit Rate Fixed Fee / Unit Rate Fixed Fee / Unit Rate iFixed Fee / Unit Rate !Fixed Fee i Unit Rate Fixed Fee / Unit Rate Cost Reimbursement Cost Reimbursement Cost Reimbursement Cost Reimbursement Cost Reimbursement Cost Reimbursement a� _ w c d N Q c E 0 w E m w 0 _ 0 M U w M co Y v a �a _ a� Q 0 ct _ ca N e; N _ 0 E U R Q Packet Pg. 2053 July 2016 — June 2017 HOME CARE FOR THE ELDERLY INVOICE REPORT SCHEDULE Report Number Based Oaf 1 July Advance" 2 August Advance's 3 July Expenditure Report 4 August Expenditure Report 5 September Expenditure Report 6 October Expenditure Report 7 November Expenditure Report & December Expenditure Report 9 January Expenditure Report 10 February Expenditure Report 11 March Expenditure Report 12 April Expenditure Report 13 May Expenditure Report 14 June Expenditure Report 15 Final Expenditure Report 16 Closeout Report Legend: x Advance based on projected cash need. C HCE 20 1s.F.1.b j ATTACHMENT VII Submit to State on this Date July 1 July 1 August 9 September 9 October 9 November 9 December 9 January 9 February 9 March 9 April 9 May 9 June 9 July 9 July 25 August 1 Note # 1: Report #1 for Advance Basis Agreements cannot be submitted to the Area Agency on Aging for Southwest Florida, Inc. prior to July 1 or until the agreement with the Agency has been executed and a copy sent to the Area Agency on Aging for Southwest Florida, Inc. Actual submission of the vouchers to the Area Agency on Aging for Southwest Florida, Inc. is dependent on the accuracy of the expenditure report. Note # 2: All advance payments made to the Contractor shall be returned to the Agency as follows: one — tenth of the advance payment received shall be reported as an advance recoupment on each request for payment, starting with report number five. The adjustment shall be recorded in Part C, Line 1 of the report (ATTACHMENT V111). Report numbers 5 through 14 shall reflect an adjustment of one-tenth of the total advance amount on each of the reports, repaying advances issued the first two months of the agreement. The adjustment shall be recorded in Part C, 1 of the report (ATTACHMENT VIII). Note #3: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects fiends due back to the Agency, payment is to accompany the report. 27 Packet Pg. 2054 July 2016 -- June 2017 REQUEST FOR PAYMENT HOME CARE FOR THE ELDERLY PROGRAM HCE 20 16.F.1.b ATTACHMENT VIII RECIPIENTNAM11-An DRESS, PHO N D and FEIO# TYPE OF PAYM ENT: THs, Request Period: From: To: ContraclPeriod Regular Contract# Advance _ _ _ _ Report# PSA# CERTIFICATION: thereby certly to the best ofmy k vledge Cnal thls recp.Jest is cornp;ele and correct and conforms wth the terms and the purposes of the abave contract. Prepared by. Date: Approved by: Date. PARTA BUDGETSUMMARY AAAAdmin. Case Management Subsides TOTAL 1. Approved Contract Amount $0.00 $0.00 $0.00 SOHO 2. Previous Funds Received for Contract Period $0.00 $0.00 $0.00 SOHO 3. Contract Balance (Fro I Innis Ilne 2) SO.OD $0.00 50.00 $0.00 4. Previous Funds Requested and Not Received for Contract Period $0.00 $0.00 $0.00 $0.00 5. CONTRACT BALANCE (1'ne 3 minus ilne4) $030 $0.00 moo $ODO PART B: CONTRACT FUNDS REQUEST =0 $000 $0.00 $0.00 wdiap�iad Caen i:ned (1st -2nd riiotiuls) 2. Net EXpendl.xes FO< l.', nLh $0.00 $0.00 50.00 $DDD (DOEA Form 105M Part B, Line 4) 3. TOTAL $0.co $0.00 $0.00 $0.00 MRT C: NET FUNDS REQUESTED ;0.00 $0.00 50.00 $ODO 1. Less Ad va nce Aptled 2. TOTAL FUNDS REQUESTED(Part R Line 3.minus Part CLine T) $0.00 $0.00 $0.00 50.00 List ofServices/Unlis I Rates provided-Seeatlachad report. DOEA FORM 106H Rerised64!12 20 t� 1 Packet Pg. 2055 I July 2016 - June 2017 RECEIPTAND EXPENDITURE REPORT HOME CARE FOR THE ELDERLY PROGRAM HCE 20 I6.F.1.b r:74IIr_vty;113I_Dies _r_10 PROVIDER NAME, ADDRESS, PHONE # and FEID# Program Funding ; THIS REPORT PERIOD; From To AAA Admin. CONTRACT PERIOD: Case Management OONTRACT # Subsidies: REPORT # Basic Special PSM CERTIFICATION' I certify to the best of mykno%ledge and belief that the report is complete and correct and all outlays herein are for purposes set forth in the Contract. prepared by i Date: Appfo ed by : Data ; PART A: BUDGETED INCOME / RECEIPTS 1. Approved 2 Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budget 1. State Funds $0.00 $0.00 $0.00 #DiV001 2. TOTAL RECEIPTS $0.00 $0.00 $0.00 #DIV/01 PART B: EXPENDITURES 1. Approved 2. Expenditures 3. Expendltures 4. Percent of Budget For This Report Year to Date Approved Budget $0.00 $0.00 $O.OD 9D[V/04 1. AAA Program AdmInIstration 2 Service Subcontractors: Case Management 50.00 $0.00 $0.00 #rOIV101 3. Service Subcontractors: Subsidy $0.00 $0.00 $0.00 # DIV/01 a. Basic Subsidy 50.00 $0.00 $0.00 #tDIV/01 b. Special Subsidy $0.00 $0.00 $0.00 # DIV101 4. TOTAL EXPENDITURES 50.00 $0.00 $0.00 0DIV/01 PART C: OTHER REVENUE AND EXPENDITURES L Interest: 11. Advance Recoupment 1. Earned on GR Advance $ 2. Return of GR Advance $ 1. Advance Recouped $ 3. Other Earned $ DOEAP0FZ1.t 1051 R. -A SQ6"10 29 Packet f Pg. 2056] 16.F.1.b 2017 HCE 203.16 BACKGROUND SCREENING ATTACHMENT G J AUTHORITY: This form is required annually of all employers to comply with the attestation requirements set forth in section 435.05(3), Florida Statutes. ➢ The term "employer" means any person or entity required by law to conduct background screening, including but not limited to, Area Agencies on Aging, Aging Resource Centers, Aging and Disability Resource Centers, Lead Agencies, Long -Term Care Ombudsman Program, Serving Health Insurance Needs of Elders Program, Service Providers, Diversion Providers, and any other person or entity which hires employees or has volunteers in service who meet the definition of a direct service provider. See §§ 435.02, 430.0402, Fla. Stat. > A direct service provider is "a person 18 years of age or older who, pursuant to a program to provide services to the elderly, has direct, face-to-face contact with a client while providing services to the client and has access to the client's living area, funds, personal property, or personal identification information as defined in s. 817.568. The term includes coordinators, managers, and supervisors of residential facilities; and volunteers." § 430.0402(1)(b), Fla, Stat. ATTESTATION: As the duly authorized representative of Collier County Board of County Commissioners Employer Name located at 3339 Tamiami Trail E Suite 211 Naples FL 34112 , Street Address City State ZIP code 1, Kimberley Grant, Director do hereby affirm under penalty of perjury Name of Representative that the above named employer is in compliance with the provisions of Chapter 435 and section 430.0402, Florida Statutes, regarding level 2 background screening. Signature of Representative Da e STATE OF FLORIDA, COUNTY OF Collier Sworn to (or affirmed) and subscribed before me thisl day of 20,1 1 by Y) � 0,1_1Gzl (j�]—t(Name of Representative) who is personally known to me or produced A iT; Print, Type, or Stamp Commissioned Name of Notary Public Notary P s proof of identification. DDEA Form 235, Affidavit of Compliance -Employer, Effective April 2012 Section 435.05(3), F.S. Form available at: htp_[felderaffairs`state:tLus enRlislL)ack roundscreening,php 30 EIS!I�V MY COAM771EXPIR2019Bonded Tient hxtemiters Packet Pg. 2057 Revised August 2007 Attestation Statement Agreement/Contract Number: HCE 203.16 Amendment Number: N//A I, Steve Cannell -,attest that no changes or revisions have been made to the (Recipient/Contractor representative) content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Soutlnvest Florida and Public Services Department Head (Reciplent/Contractor name) The only exception to this statement would be for changes in page formatting, due to the differences in electronic data processing media, which has no affect on tine agrecmen►t/contract content. -AdA w-) Gw Signature o ecipient/ onh actor representative Revised August 2007 Approved as to form and legality Assistant County Attorney '16.F.9.b C m a ea d N B C E 0 L N-. tn E v 0 C 0 nz U a s,Y U: cti r CO V ;i Packet Pg. 2058 ul ur®.r; swel! to u011e3111}ea b 'd '91, : l, -V90 18){0ed epue6V el;uasgy ul 9l,oZ `9Z Alnr :Iuauryoetly u July 2014 T AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. MASTER CONTRACT FOR FEDERAL AND STATE PROGRAMS Contract 4HM203.14 THIS MASTER CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc. (Agency) and Collier County Board of County Commissioners (Contractor), and collectively referred to as the "Parties". The term Contractor for this purpose may designate a Vendor, Subgrantee or Subrecipient, the status to be further identified in ATTACHMENT H, Exhibit -1 as necessary. 1. Purpose of Contract: The purpose of this Master Contract is to establish the Agency's standard terms and conditions for services provided in any contract or agreement incorporating this Master Contract by reference including all attachments, forms and exhibits, which constitute the contract document. The Contractor agrees to provide the services specified in each contract or agreement incorporating this Master Contract during the period this contract is in effect. The Contractor agrees that this Master Contract covers all services provided by the Contractor under contracts or agreements with the Agency which incorporate this Master Contract by reference. Agency Mission Statement: To lead and cultivate relationships with our community partners to better serve the dynamic aging and disability networks through education, advocacy, program development and resources. 2. Incord)oration of Documents within the Contract or Agreement: All contracts or agreements including attachments, proposal(s), solicitation(s), state plan(s), grant agreements, relevant Department handbooks, manuals or desk books executed between the Contractor and the Agency shall incorporate this Master Contract by reference and be subject to the conditions set forth in this Master Contract for the duration of the contract period(s). Any and all contracts or agreements executed between the Contractor and the Agency during the effective period of this Master Contract will incorporate this Master Contract by reference and shall be governed in accordance with the applicable laws, statutes, and other conditions set for in this Master Contract. Incorporation of Reference Memoranda: In accordance with Chapter 287 F.S., amended, and Department of Financial Services' Chief Financial Officer Memoranda, the following memoranda are hereby incorporated by reference: (1) CFO Memo No. 02: Release date, October 3, 2012; (2) CFO Memo No. 06: Release date, June 27, 2012; (3) CFO Memo No. 01: Release date, July 26, 2012; and (4) CFO Memo No. 04: Release date, June 30, 2006 Term of Master Contract; This Master Contract will become binding at twelve (12:00) A.M., Eastern Standard Time on July 1, 2014 or on the date the Master Contract has been signed by the last Party required to sign it, whichever is later. It shall end at eleven fifty-nine (11:59) P.M., Eastern Standard Time .Tune 3 .2017. 4. Cqmnliance with Federal Law: 4.1 If any contract and agreement contains federal funds this section shall apply. C U0 N >r IL d a ul uao.al sua03! Io ual;eaPlilea 4 'A '94 : 41780 Iavoed epuaBV eijuasgV ul 94OZ 19Z Ajnr :}uac.uyoe};y c LL: July 2014 Contract 4HM203.14 N r d d Y 4.1.1 The Contractor shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other applicable regulations. d 4.1.2 If the contract and agreement contains federal funds and is over $100,000.00, the Contractor shall comply with all applicable standards, orders, or regulations issued under s. 306 of the Clean Air Act as amended (42 U.S.C. 7401, et seq.), s. 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251, et seq.), Executive Order 11738, as amended, and where applicable Environmental Protection Agency regulations 40 CFR 30. The Contractor shall report any violations of the above to the Agency. 4.1.3 The Contractor, or agent acting for the Contractor, may not use any federal funds received in connection with any contract and agreement to influence legislation or appropriations pending before the Congress or any State Legislature. If any contract or agreement contains federal finding in excess of $100,000.00, the Contractor must, prior to contract execution, complete the Certification Regarding Lobbying form, ATTACHMENT 1. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Contract Manager prior to payment under any contract or agreement. 41.4 In accordance with Appendix A to 2 CFR 215, the Contractor shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR 60 and 45 CFR 92, if applicable. 4.1.5 A contract or agreement award with an amount expected to equal or exceed $25,000.00 and certain other contract or agreement awards will not be made to parties listed on the government -wide Excluded Patties List System, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor shall comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to any contract or agreement. The Contractor shall complete and sign ATTACHMENT 1V prior to the execution of this Master Contract. 4.2 The Contractor shall not employ an unauthorized alien. The Agency will consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act (8 U.S.C. 1324a) and the Immigration Reform. and Control Act of 1986 (8 U.S.C. 1101). Such violations will be cause for unilateral cancellation of this Master Contract and any/all contracts or agreements by the Agency. 4.3 If the Contractor is a non-profit provider and is subject to Internal Revenue Service (IRS) tax exempt organization reporting requirements (filing a Form 990 or Form 990-N) and has its tax exempt status revoked for failing to comply with the filing requirements of the Pension Protection Act of 2006 or for any other reason, the Contractor must notify the Agency in writing within thirty (30) days of receiving the IRS notice of revocation. 4.4 The Contractor shall comply with Title 2 CFR Part 175 regarding Trafficking in Persons. 4.5 Unless exempt under 2 CFR Part 170.110(b), the Contractor shall comply with the reporting requirements of the Transparency Act as expressed in 2 CFR 170. 4.6 To comply with Presidential Executive Order 12989 and State of Florida Executive Order Number 11-116, the Contractor agrees to utilize the U.S. Department of Homeland Security's E -verify system to verify the employment of all new employees hired by Contractor during the contract or agreement term. The Contractor shall include in related subcontracts a requirement that Subcontractors performing work or providing services ul wo.r} sura;l }o ual;eolll}eb G '=I '9l.: l t'8l.) ;a)joed epu96V el;uesgy ul 960Z 19Z llnr :wawyoeuv m July 2014 Contract #HM203.14 N r d pursuant to the state contract utilize the E -verify system to verify employment of all new employees hired by 0 the Subcontractor during any contract or agreement term. Contractors meeting the terms and conditions of the V M E -Verify System are deemed to be in compliance with this provision. The Contractor shall complete and sign a ATTACHMENT J prior to the execution of this Master Contract. 5. Compliance with State Law: 5.1 This Master Contract and all contracts or agreements incorporating this Master Contract by reference is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the Florida law, including Florida provisions for conflict of laws. 5.2 The Contractor shall comply with requirements of s. 287.058, F.S. as amended. 5.2.1 The Contractor shall provide units of deliverables, including various client services, and in some instances may include reports, findings, and drafts, as specified in this Master Contract and all contracts or agreement incorporating this Master Contract, which the Contract Manager must receive and accept in writing prior to payment in accordance with s. 215.971, F.S. (I) and (2). 5.2.2 The Contractor shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit. 5.2.3 If itemized payment for travel expenses is permitted in any contract or agreement incorporating this Master Agreement by reference, the Contractor shall submit bills for any travel expenses in accordance with s. 112.061, F.S., or at such lower rates as may be provided in this Master Contract and any contract or agreement incorporating this Master Contract by reference. 5.2.4 The Contractor shall allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011(12). F.S., made or received by the Contractor in conjunction with any contract or agreement incorporating this Master Contract, except for those records which are made confidential or exempt by law. The Contractor's refusal to comply with this provision will constitute an immediate breach of contract or agreement for which the Agency may unilaterally terminate the Master Contract and any contract or agreement incorporating the Master Contract. 5.3 if clients are to be transporied under any coniract or agreement incorporating this Master Contract by reference; the Contractor shall comply with the provisions of Chapter 427, F.S., and Rule Chapter 41-2, F. A. C. 5.4 Subcontractors who are on the discriminatory vendor list may not transact business with any public entity, in accordance with the provisions of s. 287.134, F.S. 5.5 The Contractor shall comply with the provisions of s. '11.062, F.S., and s. 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state agency. 5.6 In accordance with s. 287.135 F.S., any Contractor on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (Lists), created pursuant to s. 215.473 F.S., is ineligible to enter into or renew a contract or agreement with the Agency for goods or services of $1 million or more. Pursuant to s. 287.135 F.S., the Agency may terminate this Master Contract and any contract or agreement incorporating this Master Contract by reference if the Contractor is found to have submitted a false certification of its status on the Lists or has been placed on the Lists. Further, the Contractor is subject to civil penalties, attorney's fees and costs and any costs for investigations that led to the finding of false certification. If any contract or agreement incorporating this Master Contract contains $1 million or more, the Contractor shall complete and sign ATTACHMENT H, Certification Regarding Scrutinized Companies Lists, prior to the execution of this Master Contract. ul 11104 swal! }o uoslealMe21 'd '96 6VSO lalloed epua6V eotuasgV ul 9bOZ 19Z Ainr :luawLjoellv LL: Jttly 2014 Contract #Hh4203.14 0�4 �o IL 6. I3ack.arouvid Screcnincr. Y 6.1 The Contractor shall ensure that the requirements of s. 430.0402 and Chapter 435, F.S., as amended, are met regarding back0r01-Ind screening for all persons who meet the definition of a direct service provider and who CL are not exemptf-om the Department's level 2 background screening pursuant to s. 430.0402(2)-(3), F.S. The Contractor must also comply with any applicable rules promulgated by the Department and the Agency for Health Care Administration regarding implementation of s. 430.0402 and Chapter 435, F.S. 6.2 Further information concerning the procedures for background screening is found at ftttta:!!Eider::)'C�irs�sitrte.1.usfdoea;lbacic�_=round5crectlis��?d�l�,l�. 6.3 Background Screening Affidavit of Compliance - To demonstrate compliance with section 6 of this In Master Contract, the Contractor shall submit ATTACHI Wi NT G, Background Screening Affidavit of' Compliance annually, by January 15th. Grier,anceand ComnlaintProcednrea: 7.1 Gp•ievanceProcedures: The Contractor shall comply with and ensure subcontractor compliance with the Minimum Guideline for Recipient Grievance Procedures, Appendix D, Department of Elder Affairs Programs and Services Handbook, to address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. 7.2 ComplaintProcedures: The Contractor shall develop and implement complaint procedures and ensure that Subcontractors develop and implement complaint procedures to process and resolve client dissatisfaction with services. Complaint procedures shall address the quality and timeliness of services, provider and direct service worker complaints, or any other advice related to complaints other than termination, suspension or reduction in services that require the grievance process as described in Appendix D, Department of Elder Affairs Programs and Services Handbook. The complaint procedures shall include notification to all clients of the complaint procedure and include tracking the date, nature of the complaint and the determination of the complaint. 8. .Public Records and Retention: 8.1 W, under any contract or agreeivent incorporating this Mastcr Contract by reference, the Contractor is providing services and is acting on behalf of the Agency as provided under section 119.011(2), Florida Statutes, the Contractor, subject to the terms of section 287.058(l)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perforin the services. b) Provide the public with access to public records on the same terms and conditions that the Agency would provide the records and at a_cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by ]am,. c) )ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the Agency all public records in possession of the Contractor upon termination or expiration of any contract or agreement incorporating this Master Contract by reference 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 Agency in a format that is compatible with the information technology systems of die Agency. ul uao.►} su.►all }o uolleolpleN l. •=I '9t- Gb86) 4913ed epuaBV eguesgv ul 960Z 19Z flnp :luaurgoelly u July 2014 Contract #HM203.14 tD 8.2 The Agency may unilaterally cancel this Master Contract, and any contract or agreement incorporating this Master Contract by reference, notwithstanding any other provisions of this Master Contract, for refusal by the Contractor to comply with Section 8 of this Master Contract by not allowing public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the contract or agreement incorporating this Master Contract by reference, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 9, Audits_ ml2ections Investigations: 9.1 The Contractor shall establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all assets, obligations, unobligated balances, income, interest and expenditures of funds provided by the Agency under any contract or agreement incorporating this Master Contract by reference. Contractor(s) shall adequately safeguard all such assets and assure they are used solely for the purposes authorized under any contract or agreement which incorporates this Master Contract by reference. Whenever appropriate, financial information should be related to performance and trait cost data. 9.2 The Contractor shall retain and maintain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to any contract or agreement which incorporates this Master Contract by reference for a period of six (6) years after completion of the contract or agreement incorporating this Master Contract by reference or longer when required by law. In the event an audit is required for any contract or agreement incorporating this Master Contract by reference, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of any contract or agreement incorporating this Master Contract by reference, at no additional cost to the Agency. 9.3 Upon demand, at no additional cost to the Agency, the Contractor shall facilitate the duplication and transfer of any records or documents during the rewired retention period. 9.4 The Contractor shall assure that the records described in this section will be subject at all reasonable times to inspection, review, copying, or audit by federal, state, or other personnel duly authorized by the A _. �getrcy. 9.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Department and/or Agency and Federal Auditors, pursuant to 45 CFR 92.36(1)(10), will be allowed full access to and the right to examine any of the Contractor's contracts or agreements, related records and documents pertinent to any contract or agreement, regardless of the form in which it is kept. 9.6 The Contractor shall provide a financial and compliance audit to the Agency as specified in this Master Contract and in ATTACHMENT 11 and ensure that all related third -party transactions are disclosed to the auditor. 9.7 The Contractor shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the office of the Inspector General pursuant to s. 20.055, F.S. 10. Nondiscrimination -Civil Rights Com tib ance: 10.1 The Contractor shall execute assurances in ATTACHMENT V that it will not discriminate against any person in the provision of services or benefits under any contract or agreement incorporating this Master Contract by reference or in employment because of age, race, religion, color, disability, national origin, marital status or sex in compliance with state and federal law and regulations. The Contractor ftu-ther assures that all Contractors, Subcontractors, Subgrantees, or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against ul urO.►# sural! to u011e3111le-8 E ':I '96 ttr8b) IeVed epu96y elluasgV ul 9i.OZ 19Z %liar :luauarlaeily er LL: July 2014 Contract #HM203.14 N o a'. clients or employees because of age, race, religion, color, disability, national origin, marital status or sex. 0 The Contractor shall complete and sign ATTACHMENT V prior to the execution of the Master Contract. 0 IL 10.2 During the term of any contract or agreement incorporating this Master Contract by reference, the Contractor shall complete and retain on file a timely, complete and accurate Civil Rights Compliance Checklist (ATTACHMENT 13). 10.3 The Contractor shall establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through any contract or agreement incorporating this Master Contract by reference. These procedures will include notifying clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. 10.4 If any contract or agreement incorporating this Master Contract by reference, contains federal funds, these assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the Contractor, its successors, transferees, and assignees for the period during which such assistance is provided. The Contractor further assures that all Subcontractors, Vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the Contractor understands that the Agency may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, including but not limited to, termination of and denial of further assistance. 11. Monitoring by the Agency: The Contractor shall permit persons duly authorized by the Agency to inspect and copy any records, papers, documents, facilities, goods and services of the Contractor which are relevant to any contract or agreement which incorporate this Master Contract by reference, and to interview any clients, employees and Subcontractor employees of the Contractor to assure the Agency of the satisfactory performance of the terms and conditions of any contract or agreement which incorporate this Master Contract by reference. Following such review, the Agency will provide a written report of its findings to the Contractor, and where appropriate, the Contractor shall develop a Corrective Action Plan (CAP). The Contractor hereby agrees to correct all deficiencies identified in the CAP in a timely manner as determined by the Contract Manager. 12. Provision of Services: The Contractor shall provide services in the manner to be described in subsequent contracts or agreements incorporating this Master Contract by reference, 13. Coordinatcd Monitoring with Other Agencies: If the Contractor receives funding from one or more of the State of Florida other human service agencies, in addition to the Department of Elder Affairs and/or the Area Agency on Aging for Southwest Florida, Inc., then a joint monitoring visit including such other agencies may be scheduled. For the purposes of any contract or agreement incorporating this Master Contract by reference, and pursuant to s. 287.0575, F.S. as amended, Florida's human service agencies shall include the Department of Children and Families, the Department of Health, the Agency for Persons with Disabilities, the Department of Veterans Affairs, and the Department of Elder Affairs. Upon notification and the subsequent scheduling of such a visit by the designated agency's lead administrative coordinator, the Contractor shall comply and cooperate with all monitors, inspectors, or investigators. 14. indemnification: 14.1 The Contractor shall indemnify, save, defend, and hold harmless the Agency and its agents and employees from any and all claims, demands, actions, causes of action of whatever nature or character, arising out of or by reason of the execution of this Master Contract and any contract or agreement ul uaoal suUall la uol;ealllle2i L 'd '9L : 61786) 19)loed epu96y elluasgy ul 9LQZ 19Z AInr :}uae_uyoe;jd u Tiny 2014 Contract 4HM203.14 N a incorporating this Master Contract by reference, or performance of the services provided for herein. It is Y understood and agreed that the Contractor is not required to indemnify the Agency for claims, um demands, actions or causes of action arising solely out of the Agency's negligence. a 14.2 Except to the extent permitted by s. 768.28, F.S., or other Florida law, this section 14 is not applicable to contracts or agreements executed between the Agency and state agencies or subdivisions defined in s. 768.28(2), F.S. 15. Insurance and Bonding: 15.1 The Contractor shall provide continuous adequate liability insurance coverage during the existence of any contract or agreement incorporating this Master Contract by reference and any renewal(s) and extension(s) of it. By execution of this Master Contract and any contract or agreement incorporating the Master Contract by reference, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the Contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the Contractor and the clients to be served under this any contract or agreement incorporating this Master Contract by reference. The limits of coverage under each policy maintained by the Contractor do not limit the Contractor's liability and obligations under this any contract or agreement incorporating this Master Contract by reference. The Contractor shall ensure that the Agency has the most current written verification of insurance coverage throughout the term of any contract or agreement incorporating this Master Contract by reference. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Agency reserves the right to require additional insurance as specified in any contract or agreement incorporating this Master Contract by reference. 15.2 Throughout the term of any contract or agreement incorporating this Master Contract by reference, the Contractor shall maintain an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the Contractor authorized to handle funds received or disbursed under all contracts or agreements incorporating this Master Contract by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. 16. Confidentiality of information: The Contractor shall not use or disclose any information concerning a recipient of services under any contract or agreement for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 17. Health insurance Portability and Accountabilih- Act: Where applicable, the Contractor shall comply with the Health hrsurance Portability and Accountability Act (42 USC 1320d.), as well as all regulations promulgated thereunder (45 CFR 160, 162, and 164). 18. IncidentEgVorting: 18.1 The Contractor shall notify the Agency immediately but no later- than forty-eight (48) hours from the Contractor's awareness or discovery of conditions that may materially affect the Contractor or Subcontractor's ability to perform the services required to be performed under any contract or agreement which incorporate this Master Contract by reference. Such notice shall be made orally to the Contract Manager (by telephone) with an email to immediately follow. 18.2 The Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll- free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon the Contractor, Subcontractors, and their employees. ul wOJJ suaal1 }o 1­1011eol ReN i "A '9l.: MO 18Moed epuaBrd efluasgV ul 96OZ 19Z Rlnr :wawL1oe11v to ti Jul 2014 Contract #HM203.14 to Y L IL 19. New Contractus) Rel2ortin."A y The Contractor shall notify the Agency within ten (10) days of entering into a new contract or agreement with any xQ of the remaining four (4) state human service agencies. The notification shall include the following Information: (1) contracting state agency; (2) contract name and number; (3) contract or agreement start and end dates; (4) contract or agreement amount; (5) contract or agreement description and commodity or service; and (6) Contract Manager name and number. In complying with this provision, and pursuant to s. 287.0575, F.S. as amended, the Contractor shall complete and provide the information in ATTACHMENT D. 20. I3ankruptcyNotification: During the term of any contract or agreement incorporating this Master Contract by reference, the Contractor shall immediately notify the Area Agency on Aging for Southwest Florida, Inc. if the Contractor, its Assignees, Subcontractor's or Affiliates file a claim for bankruptcy. Within ten (10) days after notification, the Contractor must also provide the following information to the Area Agency on Aging for Southwest Florida, Inc.: (I) the date of filing of the bankruptcy petition; (2) the case number; (3) the court name and the division in which the petition was filed (e.g., Middle District of Florida, Fort Myers, FL); and (4) the name, address, and telephone number of the bankruptcy attorney. 21. Snansorsbin and Publicity: 21.1 As required by s. 286.25, F.S., if the Contractor is a non-governmental organization which sponsors a program financed %vholly or in part by state funds, including any funds obtained through any contract or agreement incorporating this Master Contract by reference, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Contractor's name) and the Area Agency on Aging for Southwest Florida, Inc., and the State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words the " Area Agency on Aging for Southwest Florida, Inc. and the State of Florida, Department of Elder Affairs" shall appear in at least the same size letters or type as the name of the organization. 21.2 The Contractor shall not use the words the " Area Agency on Aging for Southwest Florida, Inc., and the State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise financed, unless specific authorization has been obtained by the Agency prior to use. 22. Assignments-, 22.1 The Contractor shall not assign the rights and responsibilities under any contract or agreement incorporating this Master Contract by reference without the prior written approval of the Agency; which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the Agency will constitute a material breach of the contract or agreement. 22.2 The State of Florida is at all times entitled to assign or transfer, in whole or part, its rights, duties, or obligations under any contract or agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Contractor. In the event the State of Florida approves transfer of the Contractor's obligations, the Contractor remains responsible for all work performed and all expenses incurred in connection with the contract or agreement. 22.3 All contracts or agreements incorporating this Master Contract by reference shall remain binding upon the successors in interest of either the Contractor or the Agency. 23. Subcontracts: 23.1 The Contractor is responsible for all work performed and for all commodities produced pursuant to any contract or agreement incorporating this Master Contract by reference, whether actually furnished by the Contractor or its Subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the Agency deems necessary. The Contractor further agrees that the Agency will not be liable to the Subcontractor in any way or for any reason. The Contractor, at its expense, shall defend the Agency against any such claims. s ul uaaaf suaall }o uolleolple-d 1. ' j -gl, lailoed epua6d eotuesgy ul 96OZ `9i; flnr :luauryoeilb f u July 2014 Contract #HM203.14 C�„ a r d Y 23.2 The Contractor shall promptly pay any Subcontractors upon receipt of payment from the Agency orcc other state agency. Failure to make payments to any Subcontractor in accordance with s. 287.0585, F.S., unless otherwise stated in the contract or agreement incorporating this Master Contract by reference between the Contractor and Subcontractor, will result in a penalty as provided by statute. 23.3 Service Cost Reports — The Contractor shall require Subcontractors to annually submit to the Contractor service cost reports, which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. 24. FundingObli ate ions: 24.1 The Agency acknowledges its obligation to pay the Contractor for the performance of the Contractor's duties and responsibilities set forth in any contract or agreement incorporating this Master Contract by reference. 24.2 The Agency shall not be liable to the Contractor for costs incurred or performance rendered unless such costs and performances are in accordance with the terms and conditions of any contract or agreement executed between the parties, which incorporates this Master Contract by reference, including but not limited to terms, governing the Contractor's promised performance and unit rates and/or reimbursement capitations specified. 24.3 The Agency shall not be liable to the Contractor for any expenditures which are not allowable costs as defined in the C.F.R., Title 45, Parts 74 and 92, as amended, or which expenditures have not been made in accordance with all applicable state and federal rules. 24.4 The Agency shall not be liable to the Contractor for expenditures made in violation of regulations promulgated under the Older Americans Act, as amended, or in violation of applicable state and federal laws, rules, or provisions of any contract or agreement incorporating this Master Contract by reference. 25. Independent Capacity of Contractor: It is the intent and understanding of the Parties that the Contractor, or any of its Subcontractors, are independent Contractor's and are not employees of the Agency and shall not hold themselves out as employees or agents of r—' --' — _._ ' r n the Agency without specific authorization from the AgeTlcy. It Is the furore[ HdUllt acid uriuciStandrrig Oi re i ai pies that the Agency does not control the employment practices of the Contractor- and will not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the Contractor or its Subcontractors. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Contractor are the sole responsibility of the Contractor. 26. Payment: 26.1 Payments shall be made to the Contractor pursuant to s. 215.422, F.S., as services are rendered and invoiced by the Contractor. The Contract Manager will have final approval of the invoice for payment, and will approve the invoice for payment only if the Contractor has met all terms and conditions of the contract or agreement incorporating this Master Contract by reference, unless the bid specifications, purchase order, or the contract or agreement specify otherwise. The approved invoice will be submitted to the Agency's finance section for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in accordance with the provisions of s. 215.422 F.S. A Vendor Ombudsman has been established within the Department of Financial Services and may be contacted at 850-413-5665. 26.2 The Contractor agrees to submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre audit and post audit thereof. The contractor shall comply with the particular requirements under the following laws and guidelines that are applicable to the contracts or agreements ul W04 sw9ll f® =1e311E1etf L ':1 '9L : LV90 19)loed epuaBV eguesq`d ul 9LQZ 19Z llnp :1uauryoelld o0 to July 2014 Contract 4HN420 3.14 N r n.. incorporating this Master Contract by reference: (a) paragraph (16) (b) of section 216.181, F.S., regarding Z advances; (b) Rule 69I-40.103 F.A.C. pertaining to Restriction of Expenditures from state fluids; and, (c) the Invoice Requirements of the Reference Guide for State Expenditures from the Department of a Financial Services at: (hurl.//1v���y�Ln.,�Iloridacfo.co�iisi'aadir-/t-ei�erence guide/Reference Guide. For Slate Dipenditures,Pdf}. 'File Contractor will certify that detailed documentation is available to support each item on the itemized invoice or payment request for cost reimbursed expenses, fixed rate or deliverables contracts or agreements incorporating this Master Contract by reference, including paid Subcontractor invoices, and will be produced upon request by the Agency. The Contractor will further ccrtif} that reimbursement requests are only for allowable expenses as defined in the laws and guiding circulars cited in Sections 4 and 5 of this Master Contract, in the Reference Guide for State Expenditures, and any other laws or regulations, as applicable, and that administrative expenses do not exceed amounts budgeted in the Contractor's approved area plan as developed in accordance with and pursuant to section 306(a) of the Older Americans Act of 1965, as amended. 26.3 The Contractor and Subcontractors shall provide units of deliverables, including reports, findings, and drafts as specified in the contracts or agreements and attachments which incorporate this Master Contract by reference, and the area plans developed by the Contractor (pursuant to section 306(a) of the Older ,Americans Act), to be received and accepted by the Contract Manager prior to payment. 27. Return ofFunds: The Contractor shall return to the Agency any overpayments due to unearned funds or funds disallowed and any interest attributable to such funds pursuant to the terms and conditions of any contract or agreement incorporating this Master Contract by reference that were disbursed to the Contractor by the Agency. In the event that the Contractor or its independent auditor discovers that an overpayment has been made, the Contractor shall repay said overpayment immediately without prior notification from the Agency. In the event that the Agency first discovers an overpayment has been made, the Contract Manager will notif}7 the Contractor in writing of such findings. Should repayment not be made forthwith, the Contractor shall be charged at the lawful rate of interest on the outstanding balance pursuant to s. 55.03, F.S., after Agency notification or Contractor discovery. 28. data Inie; r, its_and Safegnarding Information: The Contractor shall ensure an appropriate level of data security for rile uirornraiion iiie Contractor -is collecting oi- using in the performance of any contract or agreement incorporating this Master Contract by reference. An appropriate level of security includes approving and tracking all Contractor employees that request system or information access and ensuring that user access has been removed from all terminated employees. The - Contractor, among other requirements, must anticipate and prepare for file loss of information processing capabilities. All data and software shall be routinely backed Lip to ensure recovery from losses or outages of the computer system. The security over the backed -up data is to be as stringent as the protection required of the primary systems. The Contractor shall ensure all Subcontractors maintain written procedures for computer system backup and recovery. The Contractor shall complete and sign ATTACHMENT III prior to the execution of the Master Contract. 29. Coniinrter Use and Social ?Media Poliev: The Department of Elder Affairs has implemented a new Social Media Policy, in addition to its Computer Use Policy, which applies to all employees, contracted employees, consultants, OPS and volunteers, including all personnel affiliated with third parties, such as, but not limited to, Area Agencies on Aging and vendors. Any entity that uses the Department's computer resource systems must comply with the Department's policy regarding social media. Social Media includes, but is not limited to blogs, podcasts, discussion forums, Wilds, RSS feeds, video sharing, social networks Iike MySpace, Faeebook and Twitter, as well as content sharing networks such as flickr and YouTnbe. This policy is available on the Department's website at: iht�h:l�tidcti!f#.rl�s,slKrt�, i1.u!;ldoea,�linaricial�lh ul wojj swat! }o u011eolple8 L ':1 '9L : H78 tailoed epu96V eltuesgy ul 9LUZ `9Z AInr :luau 140e1ty u. Jule 2014 r Contract #HM203.14 30. Conflict oflnt r Tine Contractor shall establish safeguards to prohibit employees, board members, management and Subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational officer or agent of the Contractor or Subcontractor shall conflict of interest or personal gain. No employee, participate in selection, or in the award of an agreement supported by state or federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict wound arise when: (a) the employee, officer or agent; (b) any member of his/her immediate family; (c) his or her partner; or (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The Contractor or Subcontractors officers, employees or agents will neither solicit nor accept gratuities, favors or anything of' monetary value from Contractors, potential Contractors, or parties to subcontracts. The Contractors board members and management must disclose to the Agency any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) calendar days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) calendar days of the commencement of any contract or agreement incorporating this Master Contract by reference. The Contractors employees and Subcontractors must make the same disclosures described above to the Contractors Board of Directors. Compliance with this provision will be monitored. 31. k'uiblic Unfitx Crime: Pursuant to s. 287.133, F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract or agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply oil a contract or agreement with a public entity for the construction or repair of a public building or public work; may riot submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform wort: as a Contractor, Supplier, Subcontractor, or Consultant under a contract or agreement with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017(2), F.S., for Category Two for a period of36 months following the date of being placed oh the convicted vendor list. 32. Purchasing: 32.1 The Contractor may purchase articles which are the subject of or are required to carry out any contract or agreement from Prison Rehabilitative Industries and Diversified Enterprises, hie., (PRIDE) identified under Chapter 946, FS., in the same manner and Under the procedures set forth in subsections 946.515(2) and (4), F.S. For purposes of any contract oi` agreement incorporating this Master Contract by reference, the Contractor shall be deemed to oe subsutuled for the Age[Icy rilsufar as dcaiiin�s with P RiD . This clause is not applicable to Subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, 800-643-8459. 32.2 The Contractor may procure any recycled products or materials, which are the subject of or are required to carry any contract or agreement incorporating this Master Contract by reference, in accordance with the provisions of s. 403.7065, F.S. 32.3 The Contractor may purchase articles that are the subject of, or required to carry out, any contract or agreement from a nonprofit agency for the Blind or ror the Severely Handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under file same procedures set forth in S. 413.036(1) and (2), F.S. For purposes of any contract or agreement incorporating this Master Contract by reference. the Contractor shall be deemed to be substituted for the Agency insofar as dealings with such qualified !nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at This clause is not applicable to Subcontractors unless otherwise required by law. 33. Patents, Cnnyri ht�* s. Royalties: 33.1 If any contract or agreement incorporating this Master Contract by reference is awarded state finding and if any discovery, intention or copyrightable material is developed, produced or for which ownership was purchased in the course of or as a result of work or services performed under any contract or agreement ul u.►011 sula}! 10 u0l4e3'J!1eN t .d -9 H713 0 ta)ioed epue6y ei,uasgV u! 9 0Z 19Z f in f, :luauayoel}t{ c July 2014 Contract #HM203.14 N incorporating this Master- Contract by reference, the Contractor shall refer the discovery, invention orLL material to the Agency to be referred to the Department of State. Any and all patent rights or m copyrights accruing under any contract or agreement incorporating this Master Contract by reference are hereby reserved to the State of Florida in accordance with Chapter- 286, F.S. Pursuant to s. 287.0571 (5) a (k) 1 and 2 as amended, the only exceptions to this provision shall be those that are clearly expressed and reasonably valued in any contract or agreement incorporating this Master Contract by reference. 33.2 If the primary purpose of any contract or agreement incorporating this Master Contract by reference is the creation of intellectual property, the State of Florida shall retain an unencumbered right to use such property, notwithstanding any agreement made pursuant to this section 33. 33.3 If any contract or agreement incorporating this Master Contract by reference is awarded solely federal funding, the terms and conditions are governed by 2 CFR 215.36. 34. Fmer eg ncy Preparedness and Continuity of nnerations: 34.1 If the tasks to be performed pursuant to any contract or agreement incorporating this Master Contract by reference include the physical care and control of clients, or the administration and coordination of services necessary for client health, safety or welfare; the Contractor shall, within thirty (30) calendar days of the execution of any contract or agreement, submit to the Contract Manager verification of an emergency preparedness plan. In the event of an emergency, the Contractor shall notify the Agency of emergency provisions. 34.2 In the event a situation results in a cessation of services by a Subcontractor, the Contractor shall retain responsibility for performance under any contract or agreement incorporating this Master Contract by reference and must follow procedures to ensure continuity of operations without interruption. 35. Equipment: 35.1 Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of the capitalization level established by the organization for the financial statement purposes, or $5,000.00 [for federal funds], or (b); nonexpendable, tangible personal property of a non -consumable nature with an acquisition cost of $1,000.00 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250.00 or more [for state funds]. 35.2 Contractors and Subcontractors who are Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations shall have written property management standards in compliance with 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-110) that include: (a) a property list with all the elements identified in the circular; and, (b) a procedure for conducting a physical inventory of equipment at least once every two years. (c) a control system to insure adequate safeguards to prevent loss, damage, or theft of the equipment; and (d) maintenance procedures to keep the equipment in good condition. The property records must be maintained on file and shall be provided to the Agency upon request. The Contractor shall promptly investigate, fully document and notify the Contract Manager of any loss, damage, or theft of equipment. The Contractor shall provide the results of the investigation to the Contract Manager. 35.3 The Contractor's property ►management standards for equipment acquired with Federal funds and federally - owned equipment shall include accurately maintained equipment records with the following information: (1) A description of the equipment; (2) Manufacturer's serial number, model number, federal stock number, national stock number, or other identification number; (3) Source of the equipment, including the award number; (4) Whether title vests in the Contractor or the federal government; (5) Acquisition date (or date received, if the equipment was furnished by the federal government) and cost; I :' Q ul woa; swell 10 uolleol}llea L `d '91, : H790 lWiDed epu96m el;uasgy ul 91 oz `9z fInr :luaurr{oelid LL:July 2014 Contract #HM203.14 N (6 a a� Y (6) Information from which one can calculate the percentage of federal participation in the cost of the equipment (not applicable to equipment furnished by the federal government); (7) Location and condition of the equipment and the date the information was reported; (8) Unit acquisition cost; and (9) Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Contractor compensates the federal awarding agency for its share. 35.4 Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment purchased with state fiords with an acquisition cost over $1,000.00 that is specifically identified in the area plan approved by the Agency is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) will vest in the Contractor, subject to the conditions of 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-110), Subpart C, paragraph 34. Equipment purchased under these thresholds is considered supplies and is not subject to property standards. Equipment purchased with funds identified in the budget attachments to agreements covered by any contract or agreement incorporating this Master Contract by reference, or identified in the sub -agreements with Subcontractors (not included in a cost methodology), is subject to the conditions of section 273, F. S. and 60A-1.0017, F. A. C. or Title 45 CFR Part 74. 35.5 The Contractor shall not dispose of any equipment or materials provided by the Agency, or purchased with funds provided through any contract or agreement incorporating this Master Contract without first obtaining the approval of the Contract Manager. When disposing of property or equipment the Contractor must submit a written request for disposition instructions to the respective Contract Manager. The request should include a brief description of the property, purchase price, funding source, percentage of state or federal participation, acquisition date and condition of the property. The request should also indicate the Contractors proposed disposition (i.e., transfer or donation to another agency that administers federal programs, offer the items for sale, destroy the items, etc.). 35.6 The Contract Manager will issue disposition instructions, If disposition instructions are not received within 120 days of the written request for disposition, the Contractor is authorized to proceed as directed in 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-110). 35.71 Real property means land (including land improvements), buildings, si7-uctures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal Rinds through agreements covered under any contract or agreement incorporating this Master Contract without the prior approval of the Agency. Real property purchases from Older Americans Act fiords are subiect to the provisions of Title 42, Chapter 35, Subchapter 111, Part A., Sec. 3030b United States Code (USC). Rear property purchases from state funds can only be made through fixed capital outlay grants and aids appropriations and therefore are subject to the provisions of section 216.348, F.S. 35.8 Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 35.9 The Contractor must adhere to the Agency's procedures and standards xvhen purchasing Information Technology Resources (ITR) as part of any contract or agreement incorporating this Master Contract by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to the Agency upon request. The Contractor has the responsibility to require any Subcontractors to comply with the Agency's ITR procedures. Ju u1 Waal swa;l to uoi;eoi ReN G 'A '91� : LVS0 talloed epua6y eiluasgV ui 960Z `9z AInr :;uawyoetgy 14 o LL N 36. PUR 1000 Form: a The PUR 1000 Form is hereby incorporated by reference and available at: Y, Irttp://ww�v.myflorida.corn/apps/vbs/adoc/F7740 PtJRI000.pdf a In the event of any conflict between the PUR 1000 Form and any terms or conditions of any contract or agreement terms or conditions the contract shall take precedence over the PUR 1000 Form. However, if the conflicting terns or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. 37. Use of State Funds to Purchase or Improve Real Property: Any state funds provided for the purchase of or improvements to real property are contingent upon the Contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. 3$. Dispute Resolution: Any dispute concerning performance of any contract or agreement incorporating this Master Contract by reference shall be decided by the Contract Manager, who shall reduce the decision to writing and serve a copy on the Contractor. 39. Financial Consequences of Non-Pet•formance: 39.1 If the Contractor fails to meet the minimum level of service or performance identified in any contract or agreement incorporating this Master Contract by reference, or that is customary for the industry, then the Agency must apply financial consequences commensurate with the deficiency. Financial consequences may include, but are not limited to, contract or agreement suspension, refusing payment, withholding payments until the deficiency is cured, tendering only partial payments, and/or cancellation of any contract or agreement and reacquiring services from an alternate source. 39.2.-1 The-Contractor-willf not be charged -with financial consequences, when a -failure to perform arises -out of�- causes that were the responsibility of the Agency. 40. No Waiver ofSovereiyn Immunit3,: Nothing contained in any contract or agreement incorporating this Master Contract by reference is intended to serve as a waiver of sovereign immunity by an}, entity to which sovereign immunity may be applicable. 41. Venue If any dispute arises out of any contract or agreement incorporating this Master Contract by reference, the venue of such legal recourse will be Lee County, Florida. 42. Entire Contract: This Master Contract and/or any contract or agreement incorporating this Master Contract by reference, contains all the terms and conditions agreed upon by the Parties. No oral agreements or representations shall be valid or binding upon the Agency or the Contractor unless expressly contained herein or by a written subsequent contract, agreement and/or amendment to this Master Contract signed by both Parties. 43. Force Alaieure: Tile Parties will not be liable for any delays or failures in performance due to circumstances beyond their control, provided the party experiencing the force rnajeure condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 44. Severability Clause: The Parties agree that if a court of competent jurisdiction deerns any term or condition herein void or unenforceable the other provisions are severable to that void provision and shall remain in full force and effect. 14 .S? LL July 2014 t0 15. Condition Precedent to Contract Annronriations: The Parties agree that the Agency's performance and obligation to pay under any contract or agreement incorporating this Master Contract by reference is contingent upon an annual appropriation by the Legislature. ul uaoal suaa}i 10 u01;e31111e}1 l, .d '9t l V94) talloed epu96y ei}uasgv ul 9LOZ `9Z fgnr :ivauartoet}v Contract RHM203.14 46. Addition/Deletion: The Parties agree that the Agency reserves the right to add or to delete any of the services required under any contract or agreement incorporating this Master Contract by reference when deemed to be in the State of Florida's best interest and reduced to a written amendment signed by both Parties. The Parties shall negotiate compensation for any additional services added. 47. Waiver: The delay or failure by the Agency to exercise or enforce any of its rights under this Master Contract and any contract or agreement incorporating this Master Contract by reference will not constitute or be deemed a waiver of the Agency's right thereafter to enforce those rights, nor will any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 48. ComMiance: The Contractor shall abide by all applicable current federal statutes, laws, rules and regulations as well as applicable current state statutes, laws, rules and regulations. The Parties agree that failure of the Contractor to abide by these laws shall be deemed an event of default of the Contractor, and subject any contract or agreement incorporating this Master Contract by reference, to immediate, unilateral cancellation at the discretion of the Agency. 49. Final Invoice - The Contractor shall submit the final invoice for payment to the Agency as specified in any contract or agreement incorporating this Master Contract by reference. if the Contractor fails to submit final request for payment as specified in any contract or agreement, then all rights to payment may be forfeited and the Agency may not honor any requests submitted. Any payment due under the terms of any contract or agreement incorporating this Master Contract by reference may be withheld until all reports due from the Contractor and necessary adjustments thereto have been approved by the Agency. 50. Renegotiation or Modification: Modifications of the provisions of any contract, agreement, and this Master Contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively for any contract or agreement incorporating this Master Contract by reference to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the Agency's operating budget. 51. Suspension of Work: The Agency may in its sole discretion suspend any or all activities under this Master Conti -act and any Contract or agreement incorporating this Master Contract by reference, at any time, when in the best interests of the State to do so. The Agency shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days; or any longer period agreed to by the Contractor, the Agency shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation_ 52. Termination: 52.1 Termination for Convenience. The Agency, by written notice to the Contractor, may terminate the Master Contract and any contract or agreement incorporating this Master Contract by reference in whole or in part when the Agency determines in its sole discretion that it is in the State's interest to do so. The ul w®a; swall }o u®lle31142N L ':1 -9L : LVg0 ;<aMoed epua6b elluasgv ul 9LOZ 19Z Alnr :luawgae;;tf r, July 2014 Contract #HM203.14 N r G. Contractor shall not furnish any product after it receives the notice of termination, except as necessary to Id ) complete the continued portion of the contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. I 52.2 Termination for Cause. The Agency may terminate the Master Contract and any contract or agreement incorporating this Master Contract if the Contractor fails to (1) deliver the product within the time specified in the contract or any, extension, (2) maintain adequate progress, thus endangering performance of the contract, (3) honor any term of the Master Contract and any contract or agreement incorporating this Master Contract by reference, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A- 1.006(3), F.A.C., governs the procedure and consequences of default. The contractor shall continue work on any work not terminated. Except for defaults of Subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. if the failure to perform is caused by the default of a Subcontractor at any tier, and if the cause of the default is completely beyond the control of both tite Contractor and the Subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the Parties shall be the same as if the termination had been issued for the convenience of the Agency. The rights and remedies of the Agency in this clause are in addition to any other rights and remedies provided by law or under the Contract. 52.3 Upon expiration or termination of this Master Contract and any contract or agreement incorporating this Master Contract by reference the Contractor and Subcontractors shall transfer all public records in its possession to the Agency and destroy any duplicate public records that are exempt or confidential and exempt from public records, disclosure requirements at no cost to the Agency. All electronically stored records shall be provided to the Agency in a format that is compatible with the Agency's information technology system(s). 53. Electronic Records and Si najur_e; 53.1 The Agency authorizes, but does not require, the Contractor to create and retain electronic records and to use electronic signatures to conduct transactions necessary to carry out the terms of this Master Contract and any contract(s) or agrcement(s) which incorporate this Master Contract by reference. A Contractor that creates and retains electronic records and uses electronic signatures to conduct transactions shall comply with the requirements contained in the Uniform Electronic Transaction Act, s. 668.50, F.S. All electronic records must be fully auditable; are subject to Florida's Public Records Law, chapter 119, F.S.; must comply with section 28, Data Integrity and Safeguarding Information; must maintain all confidentiality, as applicable; and must be retained and maintained by the Contractor to the same extent as non -electronic records are retained and maintained as required by any contract or agreement incorporating this Master Contract by reference. 53.2 The Agency's authorization pursuant to this section does not authorize electronic transactions between the Contractor and the Agency. The Contractor is authorized to conduct electronic transactions with the Agency only upon fOrther written consent by the Agency. 53.3 Upon request by the Agency, the Contractor shall provide the Agency with non -electronic (paper) copies of records. Non -electronic (paper) copies provided to the Agency of any document that was originally in electronic form with an electronic signature must indicate the person and the person's capacity who electronically signed tite document on any non -electronic copy of the document. 54. Special Provisions; The Contractor agrees to the following provisions: b ul woa} sLuep to uoi}eollpea 6 'j '9L : LVOO ;awed epu96y elluasgy ul 9EfiZ `9Z AInr :tuaWLj3e;tt{ LC July 2014 Contract #HM203.14 54.1 Investigation of Criminal Allegations: Any report that implies criminal intent on the part of the Contractor or any Subcontractors and referred to a governmental or investigatory agency must be sent to the Agency and/or Department. If the Contractor has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's office, or other govermnental agency, the Contractor shall notify the Agency and the Inspector General at the Department immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession of the Contractor or Subcontractors, must be sent to the Agency and the Department's Inspector General with a summary of the investigation and allegations. 54.2 Volunteers: The Contractor shall ensure the use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services, If possible, the Contractor shall work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as organizations carrying out federal service programs administered by the Corporation for National and Community Service), in community service settings, 54.3 Enforcement: 54.3.1 In accordance with Section 430.04, F.S., the Agency may, without taking any intermediate measures available to it against the Contractor, rescind the Contractors designation as a lead agency, if the Agency finds that: 54.3.2 An intentional or negligent act of the Contractor has materially affected the health, welfare, or safety of clients served pursuant to any contract or agreement incorporating this Master Contract by reference, or substantially and negatively affected the operation of services covered under any contract or agreement; 54.3.3 The Contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; 54.3.4 The Contractor has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are cn1'UrQu' Oy th- fty�euc}', or titc 1 vlitia.cwr has committed or repeated violations of Agency standards; 54.3.5 The Contractor has failed to continue the provision or expansion of services after the declaration of a state of ernergenc_y; and/or 54.3.6 The Contractor has failed to adhere to the terms of any contract or agreement incorporating this Master Contract by reference. 54.3.7 In the alternative, the Agency may, at its sole discretion, in accordance with section 430,04, F.S., take immediate measures against the Contractor, including: corrective action, unannounced special monitoring, temporary assumption of the operation of one or more contractual services, placement of the Contractor on probationary status, imposing a moratorium on Contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S. 54.3.8 In making any determination under this provision the Agency may rely upon the findings of another state or federal agency, or other regulatory body. Any claims for damages for breach of any contract or agreement incorporating this Master Contract by reference are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Lee County. In the event the Agency initiates action to rescind an area agency on aging's designation, the Agency shall follow the procedures set forth in 42 U.S.C. § 3025(b). 1 "7 ul u-101; sural! }o u0l;en111WN I '-4 -96 : C1790 to)10ed epua6V upuesgV ul 91 OZ 19Z Alnp :ivau.ryoe;jV T LL July 2014 T Contract 444M203.I4 54.4 Use of Service Dollars!Wait List Management: The Contractor will spend all federal, state, and other funds provided by the Agency, for the Purpose specified in each contract or agreement incorporating this Master Contract by reference. The Contractor must manage the service dollars to ensure that the Assessed Prioritized Consumer List (APCL) contains no individuals who have been assigned a ranking of four (4) or five (5) when service dollars are available. If the Agency deterinincs that the Contractor is not spending funds accordingly, the Agency may transfer funds to other PSAs during the contract period and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. 54.5 The Contractor agrees to distribute funds as detailed in the area plan update and the Budget Stiminarl,, included in each contract or agreement incorporating this Master Contract by reference. Any changes in the amounts of federal or general revenue funds identified on the Budget Summary form require a contract amendment. 54.6 Surplus/Deficit Report: The Contractor will submit a consolidated surplus/deficit report in a format provided by the Agency to the Agency's Contract Manager by the 15th of each month, "Lead Agency Spending Report." This report is for all contracts or agreements -Incorporating this Master Contract by reference betwecrz the Contractor and the Agency. The report will include the following 54.6.1 The Contractor's detailed plan on how the surplus or deficit spending exceeding the threshold of +/- 2%; and 54.6.2 Recommendations to transfer funds to resolve surplus/deficit spending. 55. All Terms and Conditions included: This Master Contract and its Attachments, I — V, A, B, D, G, H and J and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained herein, aild tliiti iviastct 'Contract shalt supersede- ail �icoiv��a—11.11u.:—a:".s�, —r„w...«,,or;s ..r agr i., ..:5 either written or verbal between the Parties, By signing this contract, the Parties agree that they have read and agree to the entire contract. IN WI"INESS THEREOF, the Parties hcreto have caused this Master Contract to be executed by their undersigned officials as duly authorized. Contractor: COLLIER COY NT Y B®ARI? OF AREA AGENC Vy N � GTNG FOR C.'�liT Y C �SSION1uRS SOUTIIVe,�S - G -MA,INC. �f i SIGNED? __. r "f\�- SIGNED BY_,. NAME: Torn Henning � _ NATME: RONALD LUCCHINQ, PhD TITLE: Chairman DATE: July 8,_2014 -- Federal Tax ID: 59-6000558 Fiscal Year Diding Date: 9/30 TITLE: BOARD PRESIDENT DATE: b4 // Approved as- uforaxa end legality i ?a�rn ey� -- - _ - A�siFtant C®un s ul W0a1 Swell 10 u01ge311!W8 L -d '9L : GVSO I93{3ed epua6V el}uasgy ul 9GOZ 19Z Alnr :lu9wgoeuv LL: July 2014 Conti -act #HM203.14 N a' r ATTACHMENT] Y CERTIFICATION RE,GARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of lits or her knowledge and belief, that: (1) 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 an), state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the malting of any federal loan, the entering into of an), cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of Congress, or an employee of a member of congress in connection with this federal contract, grant:, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) 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, and contracts under grants, loans and cooperative agreements) and that all Subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of ngless than 10,000.00 and not more than $100,000.00 for each such failure. Si Tom Denning, Chairman Name of Authorized Individual Collier County Board of County Commissioners Attest as to Chairman s signature 00Y,DOF.A Fane 103 (Revised Nov 2002) July S, 2014 Date I-IyM03.14 Application orAgreeten tNUrn ber Approved as to form and legality t` y Assistant Count arney ' ul w011 su.rall }® uol;eo VWN 4 'J '96 E Vg ;eMoed epue5V equasgV ul 9l,0Z `9Z AInr :1u9uat43e11V ao July 2014 Contract #HM203.14 N a ATTACHMENTII Y FINANCIAL AND COMPLIANCE AUDIT a The administration of resources awarded by the Area Agency on Aging for Southwest Florida, hie. to the Contractor may be subject to audits and/or monitoring by the Area Agency on Aging for Southwest Florida, Inc., as described in this section. Monitoring In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by the Agency staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Area Agency on Aging for Southwest Florida, Inc. In the event the Area Agency on Aging for Southwest Florida, Inc, determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Area Agency on Aging for Southwest Florida, Inc. to the Contractor regarding such audit, The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Contractor is a state or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the Contractor expends $500,000.00 or more in federal awards during its fiscal year, the Contractor must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this agreement indicates federal resources awarded through the Department of Elder Affairs by this agreement. In determining the federal awards expended in its fiscal year, the Contractor shall consider all sources of federal awards, including federal resources received from the Department of Elder Affairs. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Contractor- conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part, In connection with the audit requirements addressed in Part I, paragraph 1, the Contractor shall fulfill the requirements relative to auditec responsibilities as provided in Subpart C of OMB Circular A-133. as revised. If the Contractor expends less than $500,000.00 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of'OMB Circular A-133, as revised, is not required. In the event that the Contractor expends less than $500,000.00 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from Contractor resources obtained from other than federal entities.) An audit conducted in accordance Nvith this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Department of Elder Affairs shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Department of Elder Affairs shall be fully disclosed in the audit report with reference to the Department of Elder Affairs agreement involved. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of federal awards shall identify expenditures by agreement number for each agreement with the Department of Elder Affairs in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the Contractors fiscal year end. ul moil swall }o uolleolpleb R 'd •91, : 1.1780 ;eNoed epua6V elluascly ul 91,0Z `9Z Alnr :luaujtloelly July 2014 Contract #HM203.14LI: N r I- a� 'SART II: STATE FUNDED Y This part is applicable if the Contractor is a non -state entity as defined by Section 215.97(2), Florida Statutes. In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $500,000.00 in 1L anyfiscal year of such Contractor (for fiscal years ending September 30, 2004 or thereafter), the Contractor must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Department of Elder Affairs by this agreement. In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources of state financial assistance, including state financial assistance received from the Department of Elder Affairs, other state agencies, and other non -state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non -state entity for federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragraph 1, the Contractor shall ensure that the audit complies with the requirements of Section 215.97($), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental. entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Contractor expends less than $500,000.00 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 21 5.97, Florida Statutes, is not required. In the event that the Contractor expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid fi•om the Contractor resources obtained from other than state entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. compliance findings related to agreements with the Department of Elder Affairs shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Department of Elder Affairs shall be fully disclosed in the audit report with reference to the Department of Elder Affairs agreement involved. If not otherwise disclosed as required by Rule 69I-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Department of Eider Affairs in effect during the audit period. Financial reporting packages required cinder this !)art must be submitted within 45 days after delivery of the audit report, but no later than 12 months after the Contractors fiscal year end for local governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the Contractors fiscal year end. Notwithstanding the applicability of this portion, the Department of Elder Affairs retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shalt be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Contractor directly to each of the following: The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Marianne G. Lorini, President/CEO 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 :? 1 Q ul w0o11 sural! 10 uolleo1111eN 6 'J '91- : LVg0 la){aed epu96y el#uasgv ul 9l,0Z 19Z flnr :;uaurgoe;ly 00 July 2014 Contract 9HM203.14 CC'„ (6 >a The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: �- Federal Audit Clearinghouse Bureau of the Census 1201 East 10"' Street Jeffersonville, IN 47132 Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Sections .320(f), OMB Circular A-133, as revised, the Contractor shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Marianne G. Lorini, President/CEO 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 Additionally, copies of financial reporting packages required by Part I1 of this agreement shall be submitted by or on behalf ofthe Contractor directly to each of the following: The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Marianne G. Lorini, President/CEO 15201 N Cleveland Ave., Suite 1100 North Fort Myers, FL 33903 The Auditor General's Office at the following address: State of Florida Auditor General Claude Pepper Building, Room 574 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Area Agency on Aging for Southwest Florida, hie pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Contractors, when submitting financial reporting packages to the Area Agency on Aging for Southwest Florida, Inc. for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Contractor in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The Contractor shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued, and shall allow the Department of Elder- Affairs and/or the Area Agency on Aging for Southwest Florida, Inc. or its designee, the CFO or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Area Agency on Aging for Southwest Florida, Inc., or its designee, CFO, or Auditor General upon request for a period of six years from the date the audit report is issued, unless extended in writing by the Area Agency on Aging for- Southwest Florida, Inc. ul uao.cl swell Io u011eal}1188 l, '=I '91^ i.1T80 19)i3cd epua6V elluasgy ul 91.0Z 19Z Rlnp :1uawq-3e1ly co u: July 2014 Contract #HM203.14 N - n. ATTACHMENT II Y EXHMIT 1 um PART I: AUDIT RELATIONSIiIP DETERMINATION Providers who receive state or federal resources may or may not be subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part i and/or Part 11 of Exhibit 1 are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A- 133, as revised, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been. determined to be recipients or subrecipients of Federal awards and/or state financial assistance, must comply with applicable programmatic and fiscal compliance requirements. In accordance with Sec. 210 of OMB Circular A-133 and/or Rule 691-5.006, FAC, provider has been determined to be: Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S. X Recipient/subrecipient subject to OMB Circular A -I33 and/or Section 215.97, F'S. NOTE: if a provider is determined to be a recipient /subrecipient of federal and or state financial assistance and has been approved by the Department to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-.006(2), FAC [state financial assistance] and Section 400 OMB Circular A-133 [federal awards]. PART 11: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive federal awards or state matching ftmds on federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)* OMB Circular A-102 — Administrative Requirements OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part 230 Cost Principles for Non -Profit Organizations (Formerly OMB Circular A-122 — Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-110 — Administrative Requirements) Requirements) OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-21 — Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-1 10 — Administrative Requirements) OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations *Some federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A-133 Compliance Supplement, Appendix 1. STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a c•ecipient/subrecipient, must comply with the following fiscal laws, rules and regulations: Section 215.97, Fla. Stat. Chapter 69I-5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations sZ ul uao.al sua811 }o u011e31JPe8 1, .d '96 6V80 10Moed epu95V e1luasgV ul 9LQZ `9Z atin f :luauaLlaelly C-4 L4 July 2014 Contract HM203.14 N r n. AT I ACI-I1V ENT III v c>s CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LL LOANS AND CC➢CIPEPAT INTE AGREEMENTS The undersigned, an authorized representative of the Contractor named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The Contractor and any Subcontractors of services under this contract have financial management systerns capable of providing certain information, including: (l) accurate, current, and complete disclosure of the financial results ofeach grant -funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirernents could result in a return of grant funds that have not been accounted for properly. (2) Management hrformation Systems used by the Contractor, Subcontractors, or any outside entity on which the Contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non- compliant, Contractors will take immediate action to assure data integrity. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the Contractor (represented by the undersigned) and purchased by the state will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the Contractor agrees to inlrnediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the state, and without interruption to the ongoing business of the state, time being of the essence. (4) The Contractor and any Subcontractors of services Under this contract ,varrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The Contractor shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all Subcontractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A-102 and 2 ' R Part 2.15 (formerly OMB Circular A-110). Chairman July 8 2014 Signature — Title Date Tont Hennin =_° !� ' -?- Name of Authorized Signer fteg as to Chairman' Approved as to focrri and legality Collier County Board of County Commissioners Signaturt, only, - (Revised June 2008) Assistant County tey I j �v °_ ul u.r®.r; Swap }o ualleol}Ilem t '=I '91, 4b86) la)laed epuaBV elluesgV of 9642 `9Z fgnr :tu9wiveziv M r Contract 91-IM20 x.14 N u- July 2014 a, a T ATTACHMENTIV Y v sa CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLIJ1'v`I'ARY t_ EXCLUSION FOR LOWER TIER CON,`ERED TRANSACTIONS (1) The Contractor certifies, by signing this certification, neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the Contractor is unable to certif), to any of the statements in this certification, such prospective participant shall attach a#1 explanation to this certification. July 8, 2014 S na I re: onl Henning Date Chairman Collier County Board of County Commissioners Title Agency/Organization (Certification signature should be same as Contract signature.) Instructions for Certification 1. The terms "covered transaction," "debarred," "suspended, "ineligible," "lower tier covered transaction," "person," "primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set out in the sections of rules implementing Executive Order 12549. (2 CFR 180.5-180.1020, as supplemented by 2 CFR 376.10-376.995). You may contact the Contract Manager for assistance in obtaining a copy of those regulations. 2. This certification is a material representation of facts upon which reliance was placed when the parties entered into this transaction. If it is later determined that the Contractor knowingly rendered an erroneous certification. in addition to other remedies available to the federal government, the Department may pursue available remedies, including suspension and/or debarment. 3. The Contractor will provide immediate written notice to the Contract Manager if at any tirne the Contractor �., (' i,�,nrp learns that Its certification was erroneous wiled SUbrllitted or has become errorieouS by reason of change circumstances. The Contractor may decide the method and frequency by which it determines the eligibility, of its principals. Each participant to a lower tier covered transaction may, but is not required to, check the Excluded Patties List System (EPLS). 4. The Contractor will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for lower tier covered transactions. 5. The Contractor agrees that it shall not knowingly enter into any lower tier covered transaction with a person vvho is debarred, suspended, determined ineligible or voluntarily excluded from participation, unless otherwise authorized by the federal government. 6. If the Contractor knowingly enters into a lower tier covered transaction Nvith a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal goverrunent, the Department may pursue available remedies, including suspension, and/or debarment. 7. The Contractor may rely upon a certificatiQii`of a prospective participant in a lower tier covered transaction that it is not debarred, suspended,'ineligiblc, or voluntarily excluded from the covered transaction, unless it knows that the certification is-erroncoiis,_ Approved as to form and legality IZZ -- 3" (Revised :Tune 2008) __.._ Assistant County As ey P" 'i� till + signature oniy. �'`, ul w0JJ swOl! 10 u011e3111112N a '-A '96 : t-080 1aN3ed epuabV e1luasgV ul 9tOZ 19Z Rlnp :1u9uay3e11V LL July 2014 Contract #I-IM203.14 r ATTACHMENT V ASSURANCES—NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources; gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFIC L Ota' MAAAULMUN 1 AINu tsUI)k'L1, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding agency. Further, certain federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will he notified. 1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books; papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees fi-om using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 610I-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S,C. 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application, 7. Will comply, or has already complied, with the requirements of Titles 11 and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P1, 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real properly acquired for project purposes regardless of federal participation in purchases. 8, Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7)1 the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C, 327-333), regarding labor standards for federally assisted construction subagreements. 7 i; ul wool sura}I 10 uolleolpleN 4 '=[ '96 : d VSO 1aNaed epua6y el;uasgv ul 9402 19Z 41rip quauatloeliv T u: July 201 T Contract #H111203.14 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11. Will comply with environmental standards which may be l)rescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514 (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with E0 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air ,Act of 1955, as amended (42 U.S.C. 7401 et seq,); (g) protection of underground sources of drinking water under the Safe Drinking Water- Act of' 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. U. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of I966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. Witt comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animat Welfare Act of 1966 ('P.L. 89-544, as amended, 7 U.S.C. 2131 et sect .) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et sect.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 18. Will comply with all applicable requirements of all other federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZE �G�RTIFY G OFFICIAL TITLE Torn Henni'LI_ l Chairs-nan APPLICANT ORGANIZATION DATE SUBMITTED July 8, 2014 Collier County Board of Coninlissio ers Rifest as to Chair ilaq!$ si attire only. - Approved as to form and legality {"`-�, r-, Assns at County . ssey LO Do0 N Ch (L 4) Y U M CL ul w04 sw8l! 10 uOlIeDIPIL218 4 ':1 '9L LVg IgPed epu;D6V equasqV ul 9 LOZ 19Z Ajnr :juaWq3ejjV 00 Q LL: July 2014 Contnta:MN4203.14 CM C6 Cb CL ATTACHMENTA DEPARTMENT OF ELDER AFFAIRS PROGRAMS & SERVICES HANDBOOK in - Department of Elder Affairs Programs & Services Handbook available at: �/noisjLhp I _(scroll to *Rdy 2013 -Notices) ul u.t0aj suaa;l 10 u01;e011laeN L '=I '91• : X1780 ;a){oed epua6v el}uasgy ul 960Z 19Z Alnr :luau qoe}1v July 20I 4 Contract #HM203.14 t� ATTACHMENT STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS CIVIL Lounly AAA/Contractor RIGHTS COMPLIANCE CHECKLIST Program/Facil ity Name Collier Address Completed By 3339 Tamiami Trail E, Suite 211 Lisa N. Carr, Grants Coordinator City, State; Zip Code Date 'telephone Naples, FL 34112 06/23/2014 1 239-252-2339 PART 1: READ THE ATTACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU COMPLETE THIS FORM. 1, Briefly describe the geographic area served by the program/facility and the type of service provided: Collier County is situated over a 2,300 square mile area. Collier County Services for Seniors provides in-home care, care management and nutritional services For questions 2-5 please indicate the fc 2. Population of wca served 3. Staff currently employed 4. Clients currently enrolled/registered 5. Advisory/Governing Board if appiicablc rn OD 0 N rA a d U a % llowing: Total White Black % % Hispani Other % °fin °/n Female Disabled Over40 Source of data:201.2 Census 19,320,749 78.3% 16.6% 23.2% 1.9% 51.1% Effective date: 6/24/14 8 50% 25% 25% 9I% Effective date: 6/24/14 361 100% 5 1000/1 ❑ 40% PART 11: USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. IF N/A or NO EXPLAIN. 6. is an Assurance of Compliance on file with DOEA? N/A ❑ YES ® NO ❑ 7. Compare the staff composition to the population. Is staff representative of the population? N/A YES NO ❑ ® ❑ 8. Are eligibility requirements for services applied to clients and applicants without regard to race, color, national N/A YES NO origin, sex, age, religion or disability? ❑ ® ❑ 9. Are all benefits, services and facilities available to applicants and participants in an equally effective manner N/A YES NO regardless of race, sex, color, age, national origin, religion or disability? ❑ E ❑ 10. For in-patient services, are room assignments made without regard to race, color, national origin or disability? N/A YES NO ❑ ❑ 11. For in-patient services, are room assignments made without regard to race, color, national origin or disability? N/A YES NO ❑ ❑ 12. Is the program/facility accessible to non-English speaking clients? N/A YES NO ❑ E ❑ Revised August 2010,Page 1 oft Q ul u.l04 suaalt Ia u011ea1}11e 3 ( 'J '9G ltg0 19)l3ed epuaBV elluasgV ul 960Z `9Z /Clnr :luauatlC)elly 00 LL: 5 : Jul y 2014 Contract 4HM203. I4 N n.. 13. Are employees, applicants and participants informed of their protection against discrimination? If YES, how? N/A YES N Verbal ❑ Written ❑ Poster ❑ ❑ E L01 14.Give the number and current status of any discrimination complaints regarding services or employment filed N/A NUMBER against the program/facility. 15. Is the program/facility physically accessible to mobility, hearing, and sight -impaired individuals? N/A 'YES NO ❑ 0 ❑ PART III: THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES. IF NO EXPLAIN. 16. Has as a self-evaluation been conducted to identify any barriers to serving disabled individuals, and to make any YES NO necessary modifications? ❑ ❑ 17. Is there an established grievance procedure that incorporates due process in the resolution of complaints? YES NO 18. Has a person been designated to coordinate Section 504 compliance activities? YES NO 19. Do recruitment and notification materials advise applicants, employees and participants of nondis i inatinn nn Vis NO the basis of disability? ❑ ❑ 20. Are auxiliary aids available to assure accessibility of services to hearing and sight -impaired individuals? YES NO ❑ ❑ PART 1V: FOR PROGRA NIS OR FACILITIES WITH SO OR NIORE EMPLOYEES AND FEDERAL CONTRACTS OF SS0,000.00 OR MORE. 21. Do you have a written affirmative action plan? If NO, explain. YES NO P,eviscd Attoust 2010; Page 2 of 2 yi) ul wo.r} swell }o uolteolll;eN 6 '=1 '91, : 4178!0 1343ed epu96V eijuasgV ul 960Z `9Z Alnp :;uawgoe;;ry 00 u July 2014 Contract #1-1M203.I4 N a INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST v 1. Describe the geographic service area such as a district, county, city or other locality. If the program/facility a serves a specific target population such as adolescents, describe the target population. Also, define the type of service provided. 2. Enter the percent of the population served by race and sex. The population served includes persons in the geographical area for which services are provided such as a city, county or other regional area. Population statistics can be obtained from local cha►nbers of commerce, libraries, or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics. ("Other" races include Asian/Pacific Islanders and American Indian/Alaskan Natives.) Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of your summary. Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and list their percent by race, sex and disability. Include the date that enroll nent was counted. Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board, leave this section blank. b. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the contract language for DOEA recipients and their sub -grantees, 45 CFR 80.4 (a). 7. Is the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of the population is Hispanic, is there a comparable percentage of Hispanic staff? S. Where there is a significant variation between the race, sex or ethnic composition of the clients and their availability in the population, the program/facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target populations such as elderly or disabled persons, 45 CFR 80.3 (b) (6). 9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also through on-site record analysis of persons who applied but were denied services or employment, 45 CFR 80.3 (a) and 45 CFR 80.1 (b) (2). 10. Participants or clients must be provided services such as medical, nursing and dental care, laboratory services, physical and recreational therapies, counseling and social services without regard to race, sex, color, national origin, religion, age or disability. Courtesy titles, appointment scheduling and accuracy of record keeping must be applied uniformly and without regard to race, sex, color, national origin, religion, age or disability. Entrances, waiting rooms, reception areas, restrooms and other facilities must also be equally available to all clients, 45 CFR 80.3 (b). 11. For in-patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons o'f a different race, color, national origin, or disability, 45 CFR 80.3 (a). 12. The program/facility and all services must be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of non-English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a E r LL July 21014 r policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services, 45 CFR 80.3 (a). ul w04 suaall }o uol;eor}I;eN 6 ':1 '91 - H780 la)ioed epu95V elluasgV ul 9GOZ 19Z AInr :luauauloe}It{ Contract HHM203.14 13. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their participants, beneficiaries or any other interested parties. This should include information on their right to file a complaint of discrimination with either the Florida Department of Eider Affairs or the U.S. Department of HHS. The information may be supplied verbally or in writing to every individual, or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility, 45 CFR 80.6 (d). 14. Report number of discrimination complaints filed against the program/facility. Indicate the basis, e.g., race, color, creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., services or employment, placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local, state or federal agency with whom the complaint has been filed. Indicate the current status, e.g., settled, no reasonable cause found, failure to conciliate, failure to cooperate, under review, etc. 15. The program/facility must be physically accessible to disabled individuals. Physical accessibility includes designated parking areas, curb cuts or level approaches, ramps and adequate widths to entrances. The lobby, public telephone, restroom facilities, water fountains, information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, restrooms, recreation areas, counters and serving lines should be observed for accessibility. Elevators should be observed for door width, and Braille or raised numbers. Switches and controls for light, heat, ventilation, fire alarms, and other essentials should be installed at an appropriate height for mobility impaired individuals. 16. Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance conduct a self-evaluation to identify any accessibility barriers. Self-evaluation is a four step process: a. With the assistance of a disabled individual/organization, evaluate current practices and policies which do not comply with Section 504. b. Modify policies and practices that do not meet Section 504 requirements. c. Take remedial steps to eliminate any discrimination that has been identified. d. Maintain self-evaluation on file. (This checklist may be used to satisfy this requirement if these four steps have been followed.), 45 CFR 84.6. 17. Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504.45 CFR 84.7 (b). 18. Programs or facilities that employ 15 or more persons must designate at least one person to coordinate efforts to comply with Section 504.45 CFR 84.7 (a). 19. Continuing steps must be taken to notify employees and the public of the program/facility's policy of nondiscrimination on the basis of disability. This includes recruitment material, notices for hearings, newspaper ads, and other appropriate written communication, 45 CFR 84.8 (a). 20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include, but are not limited to, interpreters for hearing impaired individuals, taped or Braille materials, or any alternative resources that can be used to provide equally effective services, 45 CFR 84.52 (d). 21. Programs/facilities with 50 or more employees and $50,000.00 in federal contracts must develop, implement and maintain a written affirmative action compliance program in accordance with Executive Order 11246, 41 CFR 60 and Title VI of the Civil Rights Act of 1964, as amended. .t ul wojj swal! 10 uo1je3ljljejj 4 :1 '9L Lt'q G) IO)i3ed opuaBV equesqv ul 9 L OZ 19Z AInr ".wow,43euv LL D ti < C-1 Q9 m O� CD IDI� Of Lu Z 01 E U) d —1 11 Url LO CO CA -0 ED < LL LL D ti < C-1 Q9 m O� CD ul Woll swa}I 10 uoltealilteN i, '=I °9L : LVgL) fay,0ed epua6y equasgy ul 9I,0Z 19Z Rlnr :i.uawtveiry Contract #I-IM203.14 i"'?.:'illi. f iliti F C}F BACKGROUND SCREENING ELDER A FA Affidavit of p ; STATE OF FLORIDA AUTHORITY: This form is required annually of all employers to comply with the attestation requirements set forth in section 435.05(3), Florida Statutes. The term "employer" means any person or entity required by law to conduct background screening, including but not limited to, Area Agencies on Aging, Aging Resource Centers, Aging and Disability Resource Centers, Lead Agencies, Long -Term Care Ombudsman Program, Serving Health Insurance Needs of Elders Program, Service Providers, Diversion Providers, and any other person or entity which hires employees or has volunteers in service who meet the definition of a direct service provider. See §§ 435.02, 430.0402, Fla. Stat. A direct service provider is "a person 18 years of age or older who, pursuant to a program to provide services to the elderly, has direct, face-to-face contact with a client while providing services to the client and has access to the client's living area, funds, personal property, or personal identification information as defined in s. 817.568. The term includes coordinators, managers, and supervisors of residential facilities; and volunteers." § 430.0402(1)(b), Fla. Stat. ATTESTATION: As the duly authorized representative of Collier County Housing, Numan and Veteran Services Employer Name located at 3339 Tamiami Trail E. Suite 211 Naples FL 34112_, Street Address City State Z/P code I, Kimberlev Grant, Director do hereby affirm under penalty of perjury Name of Representative that the above named employer is in compliance with the provisions of Chapter 435 and section 430.0402, Florida Statutes, regarding level 2 background screening. Oq Signature of Representative Date �a� �o°• O •; #FF lon84 o� " i'9,fyL• ��rd `waded ttM't tpe :' �Q` STATE OF FLORIDA, COUNTY OF `' Sworn to (or.affirmed) and subscribed before me this<�IYday of_ �- -m�tL0 l r LL by (Name of Representative) who is personally known to me or produced l`j .1 ai>�"�tt l L as proof of identification, i t Print, Type, or Stamp Com missicned Nam of Notary Public Notary Public " DOEA Form 235, Affidavit of Compliance - Employer, Effective April 2012 Section 435.05(3), F.S. Form available at:irttp �ielderaftai s.state.tl.usjenglish/backerodsoreenin, ul W011 swell }o u©lleolll#eN 4 -:1 '96 : EVSO I9)T3ed epua6v elluesgv ul 96OZ 19Z hlnr :;uewr}ae;}v M u: Trriv 2014 Contract 4HM203.14 N r a ATTACHMENT H m Y v R CERTIF ICATION REGARDING SCRUTINIZED COMPANIES LISTS a The undersigned, an authorized representative of the Contractor named in the contract or agreement to which this form is an attachment, hereby certiFies that: (1) The Contractor understands that pursuant to s. 287.135 F.S., any company at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, that is on the "Scrutinized Companies with Activities in. Sudan List" or the "Scrutinized. Companies with Activities in the Iran Petroleum Sector List (collectively, "the Lists") is ineligible for, and nnay not bid on, submit a proposal for, or enter into or renew a contract with the Area Agency on Aging for Southwest Florida, Inc. (Agency) for goods or services of $1 million or more. (2) The Contractor understands that, pursuant to s. 287.135 F.S., any company that submits a false certification to the Agency is subject to civil penalties, attorney's fees and costs and any costs for investigations that led to the finding of false certification. (3) The Contractor understands that the contract to which this form is an attachment may be terminated by the Agency if the Contractor submits a false certification or has been placed on the Lists. This certification, required by Florida law, is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction. Signature: Tont Henning (Same as contract sign4 Chairman Title Collier County Board of County Commissioners Attest as to Chairman }5 Signature &Y 5 July 9, 2014 Date Approved as to form and legality k Assistant County A y� �6 ul w04 swat► 10 u01;eOlDeN { ':I '9� ; H780 ;a)Ped epu96b el;uasgV ul 960Z `9Z /!nr :;uawrlae;;V Jrrly 2014 Contract #HM203.14 N � d> CL ATTACHMENT J CD Y VERIFICATION OF EMPLOYMENT STATUS CERTII+ICATION a As a condition of contracting «,ith the Area Agency on Aging for Southwest Florida, Inc., Collier County Board of County Commissioners—Human Services; hereby referred to as Contractor, certifies the use of the U.S. Department of Homeland Security's E -verify system to verify the employment eligibility of all new employees hired by Contractor during the contract term to perform employment duties pursuant to this Agreement and that any subcontracts include an express requirement that Subcontractors performing work or providing services pursuant to this Agreepjhnt utilize the E -verify system to verify the employment eligibility of all ne�v en)Aoyces hied by the Subcontractor during the contract term. July 8, 2014 -i�grrat4c: Tom Henning Date (Same as contract signatrurc) Chairman Title Collier County Board of County Convnissioners :` , ►est �a Approved as to forin and legality n Assistant County Atter, Chain Ila', fl ul woaf suua}I }o uoi}eoiftfeN 6 '-q '96 : I V80 ;a)ioed epu96y el;uasgm ul 9602 19Z AInr :;uewgOe;;V T LL T Attestation Statement Agreement/Contract Number HM203.14 Amendment Number N/A I, Tom Henning Chairman , attest that no changes or revisions have been made to the (Recipient/Contractor representative) content of the above referenced agreement/contract or amendment between the Area Agency on Aging for Southwest Florida and Collier Countv Board of Commissioners (Signature of Recipient/Contractor name) The only exception to this statement would be for changes in page formatting, due to the differences in electronic data processing media, which has no affect on the agreement/contract content. Signature of Recipient/Contractopy epresentative M1 � i�q�V�6 �� �Fa! 1dttGilt lCAfie�a'R' f sign a ure (Mly. 7/8/2014 Date Approved as to form and legality Assistant County Gorr �. ul uaaa} suaa;c 1® u0lte3l}lteN L ':1 '9L : LVSL) IMPed epue6y eguesgV ul 9LOZ 19Z Ajnp :;u9uay3e;;y LL: C6 VERIFICATION OF EMERGENCY PREPAREIDNESS PLAN Contract # Hiv1203.14 I, Tom Henning, Chairman certify that Collier County Board of Commissioners (Name of authorized contractor representative) (Name of contractor) has a current and properly maintained Emergency Preparedness Plan. Assurance is given that the plan will be made available to the Area Agency on Aging for Southwest Florida, Inc. upon request. (1 (_ Signature of authorized contrr representative Chairman Title July 8, 2014 Gate Collier County Board of Commissioners Company Attest as to Ch irman's October 2008 Approved as to farm and legality Assistant COUnty Attu 7 6.F.1.b 07/26/2016 EXECUTIVE SUMMARY Recommendation to approve the Third Amendment to the Subrecipient Agreement with Habitat for Humanity of Collier County, Inc. and the Fifth Amendment to the Developer's Agreement with Big Cypress Housing Corporation Inc. to clarify the period of performance terminology and incorporate 2 CFR Part 200 compliance requirements. These items have no new fiscal impact. OBJECTIVE: To sustain affordable housing opportunities in Collier County for low-income persons CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) provides Community Development Block Grant (CDBG) funds and HOME investment partnership funds to address program -specific needs in the community. On September 23, 2014, the Board approved a CDBG Subrecipient Agreement with Habitat for Humanity of Collier County ("Habitat") Inc. (Agenda item 16D 1). The agreement provided funding for the entry road into a new affordable housing subdivision known as Legacy Lakes. On October 22, 2013 the Board approved a HOME Developer's Agreement with Big Cypress Housing Corporation Inc. (Agenda item 16D5). The agreement provided funding for the construction of affordable rental housing at Hatchers Preserve in Immokalee, Florida. Both agreements require an amendment to clarify the period of performance terminology and incorporate 2 CFR Part 200 compliance requirements. The Federal Office of Management and Budget and the Federal award -making agencies published a joint interim final rule implementing the final guidance as requirements for recipients of Federal financial assistance on December 19, 2014 (at 79 Federal Register 75871). The amendments do not change the scope of the projects, increase or decrease the amount of grant funds or impact the budget for these projects. Approval of the following documents by the County Manager is subject to forinai ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal impact. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: These projects furthers the Goals, Objectives, and Policies of the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the Third Amendment to the Subrecipient Agreement with Habitat for Humanity of Collier County, Inc. and the Fifth Amendment to the Developer's Agreement with Big Cypress Housing Corporation Inc. and authorizes the Chair to sign. c w CD 0 m c y C C E 0 L y E ai 0 C 0 Y M U LL CO r v 00 Packet Pg. 2097 16.F.1.b 07/26/2016 Prepared By: Lisa Oien and Jody Paley, Grant Coordinators; Community and Human Services, Public Services ATTACHMENT(S) 1. Habitat for Humanity Third Amendment (PDF) 2. Habitat for Humanity Subrecipient Agreement with Amendments 1-2 (PDF) 3. Big Cypress Fifth Amendment (PDF) 4. BCHC Agreement with Amendments 1-4 (PDF) Packet Pg. 2098 16.F.1.b 07/26/2016 COLLIER COUNTY Board of County Commissioners Item Number: 11.13 Item Summary: Recommendation to approve the Third Amendment to the Subrecipient Agreement with Habitat for Humanity of Collier County, Inc. and the Fifth Amendment to the Developer's Agreement with Big Cypress Housing Corporation Inc. to clarify the period of performance terminology and incorporate 2 CFR Part 200 compliance requirements. These items have no new fiscal impact. Meeting Date: 07/26/2016 Prepared by: Title: Grants Coordinator — Community & Human Services Name: Jody Paley 07/26/2016 8:38 AM Submitted by: Title: Division Director - Cmnty & Human Svc — Public Services Department Name: Kimberley Grant 07/26/2016 8:38 AM Approved By: Review: Public Services Department Public Services Department Community & Human Services Community & Human Services Public Services Department Public Services Department Grants County Attorney's Office Office of Management and Budget County Attorney's Office Grants County Manager's Office Board of County Commissioners Hailey Margarita Alonso Level 1 Division Reviewer Kimberley Grant Level 1 Sim. Reviewer 1-8 Maggie Lopez Level 1 Sim. Reviewer 1-8 Kristl Sollntag Level 1 JIm. Reviewer 1-3 Amanda O. Townsend Level 1 Sim. Reviewer 1-8 Steve Carnell Level 2 Division Administrator Review Erica Robinson Level 2 Grants Review Jennifer Belpedio Level 2 Attorney of Record Review Valerie Fleming Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Therese Stanley Level 3 OMB 1st Reviewer 1-4 Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending Packet Pg. 2099 LL r r 00 Completed 07/26/2016 9:11 AM Completed 07/26/2016 9:46 AM Y U R Completed 07/26/2016 10:24 AM C R Completed 07/26/201 '1 10:57 Am � Completed 08/05/2016 9:19 AM 4 Completed 07/26/2016 11:52 AM N Completed 07/26/2016 2:45 PM Completed 07/26/2016 4:30 PM e t� Completed 07/26/2016 4:30 PM r N Completed 07/26/2016 4:38 PM N Completed 07/26/2016 4:47 PM Completed 07/27/2016 1:33 PM C c 07/26/2016 12:00 AM U w Q Packet Pg. 2099 GraMFAIN: # B -14 -UC -12-0016 # B -13 -UC -12-0016 Federal Award Date: Est. 10/2014 Federal Award A enc:HUD CFDA-Name: - Community -Develonment- -Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded: FY 2014 5715.000 Subrecipient Name: - Habitat for Humanity of Collier County, Inc. DUNS # - 080676690 FEIN # - 59-1834379 R&D: No Indirect Cost Rate: No Agree r-rix4 Period of Performance: 9/23/2014 to 9/30/2018 114LS9- 482 Fiscal Year End: 6/30 Monitor End: 9/30/2023 THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Legacy Lakes Access Roadway, (Woodcrest Drive) Infrastructure Project This Amendment is entered into this day of 2016, by and between HABITAT FOR HUMANITY OF COLLIER COUNT Y, -INC-., a private not-for-profit corporation existing under the laws of the State of Florida, herein after referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the "Parties." WHEREAS, on September 23, 2014, the COUNTY entered into an Agreement with the Community Development Block Grant Program funds. to be used for Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Improvements Project (hereinafter referred to as the "Agreement"); and WHEREAS, on May 12, 2015 the parties amended the agreement to increase Community Development Block Grant funding and to clarify beneficiary and Milestones requirements, WHEREAS, on June 9, 2015 the parties amended the agreement to clarify the records retention requirements, Habitat for Humanity of Collier County, Inc. — Third Amendment 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 1 of 11 16.F.1.b a� w c y a c E 0 w cn E 0 c 0 Cz ca 0 T_ a Packet Pg.' 2100 16.F.1.b WHEREAS, the Parties desire to amend the Agreement to clarify the period of performance terminology and incorporate 2 CFR 200 requirements. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words Struek Thro are deleted; Words Underlined are added N Q E 0 PART N P w 0 0 Y U w 1.3 TIME PERIOD OF PERFORMANCE � Services of the SUBRECIPIENT shall start effective the date of the execution of this agreement and shall end on September 30, 2018. r r Y Y Q, i U a. 1.5 COST PRINCIPLES M Payments to the Grantee are governed by the Federal grants management rule for cost ¢ allowability found at 24 CFR 85.''2 (24 GFR 84.27 for n .-44 r ee ipiei ts) 2 CFR 200 Subpart � E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this agreement, Subrecipient is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The GT-antee can Subrecipient may only incur direct costs that may be attributed specifically to the projects CN referenced above as defined in 2 CFR 200.413. The Santee Subrecipient must provide adequate N documentation for validating costs incurred. Payments to xtee's Subrecipient's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 A GFR 85 3 6 or 4 4.4 n n Q as „l leab 2 CFR.318. Allowable costs incurred by the G tee Subrecjl ients and contractors shall be in compliance with 2FR Subpart E -Cost Principles. 9#1B E Circular A 87 Cost D. „les for C—tate, Loc Boland in Governments. Allowable sts eeemplianeePrinciples = Y for �-10"--F'refit Organizations. Allowable easts inetwed by proeured private Q contract. Habitat for Humanity of Collier County, Inc. — Third Amendment 2014-2015 CDBG (CDBGI4-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 2 of 11 Packet Pg. 2101 n eedur A Developer is not subject to 24 GFR Pa+t 84 an -24 CF P r 45 2 CFR Subpart E however the County is Subject to 24 CFP Part 85 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 24 CFR Part src 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 or the Admin Plan, PART II GRANT CONTROL REQUIREMENTS 2.1 .AUDITS The detennination of amounts of Federal awards expended shall be in accordance with guidelines established by OMB Circular A-133 for fiscal years beteg before December 26, 2014 and established_ by 2 CFR Part 200, Subpart F -Audit Requirements for fiscal years beginning on or after December 26, 2014. 2.2 RECORDS AND DOCUMENTATION 11. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337 law. -Habitat for Humanity of Collier County, Inc. — Third Amendment 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 3 of 11 16.F.1.b Packet Pg 2102 2.3 MONITORING 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 rovided under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. based on goals and perfefma ee staffdards as stated N�� all other- apfgeable federal, state and leeal > > and pelieies rr the iimds evT of r..a rnr rnrry :,A411 nstk Ae noneeniplianee v +,, this A .,-roe,,,o„+ 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. �f 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 R 85.43 2 CFR 200.339, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons forsuch 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. Habitat for Humanity of Collier County, Inc. — Third Amendment 2014-2015 CDBG (CD13G14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 4 of I 1 16.F.1.b c d d c m Q c E 0 y E 0 C O U u. r v 00 T Y U fG 0., R a Q) Q c T 0 N N _A 7 7 .r c d E t U w Q Packet Pg. 2103 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried, at all times during its performance. 16.F.1:b Q c E 3.11 ADMINISTRATIVE REQUIREMENTS U) E The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part 1), the Uniform Administrative Requirements for Gid o C o (on GFI n..,,, 45) 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.). a u: co 3.12 PURCHASINGco SUBRECIPIENT are required to follow Federal Procurement regulations standards at (2 CFR 200.318 through .320 and Collier County's purchasing thresholds. a c (D W V) ss 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 N COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and 21 shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(e) in the operation of the w Program. E U RS Habitat for humanity of Collier County, Inc. — Third Amendment 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 5 of 11 Packet Pg. 2104" 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The COUNTY may close out the project with the SUBRECIPIENT after the five (5) year period has been met. Activities during this closeout period shall include, but not be limited to: malting final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federaladz nt requirements have been completed. 319 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person larder 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 HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate -income residents of the project target area. Habitat for Humanity of Collier County, Inc, — Third Amendment 2014-2015 CDBG (CDBG14-03) Legacy bakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 6 of 11 16.F,1.b 2 Packet Pg. 2105 16.F.1.b PART IV GENERAL PROVISIONS c m m 4.19. 24 n�T 2 CFR 200 et sea - Uniform Administrative Requirements Cost Principles, and Audit requirements for Grants and Agreements, N +/7 it / ..+ Q it Q �a�':Lr is v r"sY `�-iir`�r'. cc�incen. �cc`Biu'rr�clzr+ic'7Yt�z.'-r��iaz'c-oz Subpart G i Subpart B -iz-z war- is except far 84 17 Doris forr Applying w Federal A + ��xxz�-tir--p rz�T�Pp�z}):}g to 3 E Subpart C d Post Award, O • Seefieii 84.22, Fa-)qRe34 RequiremeiAs Grantees shall follow the standairds E) C 85.2;0(b)(7) 'fid 85.21 in „ l ;,, pa-ymeRt to CT TI7D'RGTD ENT v UWLl V31 1.I ,Costt„ eSeetion-84.24 Inesme in lieu of 84.2-4 GDBG SUBREGIPIEN s shall fel4aw 570.504; � • S eet;, 44 `S D f Budget + .1 D. Dl.. Seetion • ✓, Revision Y LJlv11 Vl LNIA�eI, aR 11 Real Property ffi lieu of 84. ,84.32, r sh ll follow 570 .505; e gee6efi 84.34(g), E eRt 00 # T 11 „ 1,;ot iA ; nl.d t e ds x1,.,11 be m 111 uAa VGiJVn .7 isv u, Vlli. �ivnprogram Y iiieeme (plan raat`.1 +e ,.ofleo+ the e -tali+ to whieh G71B Were CL usedte aequire the equipmei*; " � a meiA + ,ae,1 :b CUBREl�Ti7TENT . . GDBG itis � rrrcaz�izv�iiccccc�v .rv1uiftwu ccx w"compensafing the reeipientl,- • S;e,.6ai 84.5 1 (b) /01 fall (e)/fl and(h) M t r',,.Y .,n Rep ..+',- A � \ /� \ JY \ l> \ h \ J l h i ivuiwiuig � Pef vrmaizoe 8 Se6zcv2i-o--rr, 6—SeeW_84.S2/l,\ Rete. ti: as and Ge Re ,: + for D ds tea,etio,, -�� 1, n.�i:� i.w�ivai'vilivaitiT��vi n.Z:—r�c,-v-clvri CO Svd S2Ll,l ai�dl, +1,0 following e.,+;E„S. O C 7 YP ri+�y cV GPBQ etiv4ties-shalom � � ears; -ate � _ The ,•o+o,f+: nr period + .+ from +1 date R 4of the annuaA perfan Bance and e, tier reportcamas preseribed in. 24 GFR 91.520-,-m ENh the sp kera the date of submission ef the final eiTenditufe report for �he S U w •Schon 84.61,Tenni:nation - Tom'ieu of the previsiensof 84.61, C -DG SUBRECIPIEAiT=s-shall eeywit5zntrl,v-r-IIS \tea Habitat for Humanity of Collier County, Inc. — Third Amendment 2014-2015 CABG (CDBG14-03) Legacy Lakes Access Roadway ('Tooderest Drive) Infrastructure Project Page 7 of 11 Packet Pg. 2106 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200 et seq. • A 21 for- st t'Thwiples • A -110 for-'Adraiaisbruti,r xe T? a - ,its K� Non Profit OFRar�za4eas fallew: An- 2.2 fe Gest P-rineiples • A 1 1 n �' A a,v, r -r-,..,+;. n U o _ ,-,tom 4.33 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133 or 2 CFR 200 (as applicable), Audits of States, Local Governments, and Non -Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout, littp:Hw"rw.whitehouse.gov/omb/circulars/al33 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost: the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 Habitat for Humanity of Collier County, Inc. — Third Amendment 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 8 of 11 16.F.1.b Packet Pg 2107 Exhibit F of the agreement is replaced with revised Exhibit F on following page Habitat for Humanity of Collier County, Inc. — Thud Amendment 2014-2015 CDBG (CDBG14-03) Legacy bakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 9of11 16.F.1:b r CO r Packet Pg. 2108 REVISED EXHIBIT "I+" ANNUAL AUDIT MONITORING REPORT Cirolor 2 CFFt 200,500 mquires Collier County ks moollor su4Wpients of feftal alrvards to dolorminm if subri cipfents are canipliant with establibhad audit Accordingly, Collier Counly requires that all appropriiale dont mentation Is provided regarding your urganixations oomptianee, In determining Federal awartfs expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the federal award occurs;, including any Federal award provided by Collier County, Thi dp�errhinalion o wnfs of FedoraI aviards axerended shall tie in accardanca v�ith euidele as b Ished QMR Cirr uar AJ._1. f efsra! rakta ronin k f �c:whPr 2,� 2f11¢ an .slahlis ti CPR Part 200, uoWlt F —Audit Redrliremenis., for fiscal yeafs beninnlnn on or after December 2b, 2014. This form maybe used to monitor Florida Single Audit Art Nettle 215.97) rettuirernents. SObraclpl$nl (000 Raven Nart First Date of Fiscal Year (MM[DgfM a Last Data of Fiscal Yaar IMMIIIPm�__ _ Total Federal Financial Assistarice Expended Total State Financial Assistairce Expended durlmg during most racentli completed Meal Year most recently q m leted Fiscal Year Check A. or B. Check C if applicable _._m..w,....a. A. The Federal/Stale expenditure threshold for our fiscal year ending its indicated above has been ® met and a Circular Ant 33 or 2 CPR Part 200, Subpart F Single Audit has been completed ar will be completed by . Copies of the moll raped and mannlement letter are attached or will be provided Mthin 3D days of compfetion. S, We are not subject to the requirements of CUB Uoular M 33 or 2 CFR Part 200E Subpart F because we. ❑ r] Did not exced the expenditure threshold for the fiscal year indicated above N ❑ Ave a for-pfofil organizalion Are exempt for other reasons —explain An autlted financial statoment is altached attd 9 applicable, tho independent aud'itor's management letter. _ C. Findings wore noted, a t-ur_mnt Status Update of the responses and cortec(ive action plan Is included separate from the written response provided within the audit reports. While we understand ❑ that the audit report oDnlains awritten response to Bhe fintlinq(�), we ani requesting an MpMO status of the correctivo al=tion(s) being takQn, Please do not proMe just a copy of the writlen fesponse from your audit roporl, unloBs it Includes detalls of the aoklons, pracoduro% pol[005' etc, im plementO and Oen it was Or 1411 bo Implemented. Cortifreation Statement I hereby certify that the above information is true and accurate. Sf�naxur� ,Cate Print Name and Title 06/15 Habitat for Humanity of Collier County, Inc. — Third Amendment 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project page 10 of 11 16.F.1.b U a M c E 0 N r-+ 0 C 0 U w r r 00 r 0 V 14 Ct M Q .a LO CDN N a c U Packet Pg. 2109 1. 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: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: Jennifer A. BeIpedio Assistant County Attonaey BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Donna Fiala, CHAIRMAN HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. NICD. KQMoHERAS, EXECUTIVE V.P. OF LAND DEVELOPMENT FOR HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Habitat for Humanity of Collier County, Inc. — Third Amendment 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 11 of 11 16.F.1.b N C d w c N Q C E 0 E 0 r- 0 w U i.: R LL cri w Packet Pg. 2110 ul wojj swab to uoijeoipje21 G -.q -9L : 6Va 0 ;9Ved epuaf3V eijuasqV ul 9 l,oz '9Z Ajnr :ju9wLj3ejjV Grant # -UC-.12-0016 CFDA/CSFAiV 14.218 Subrecipient — Habitat for Humanity of Collier County, Inc. DUNS 9 - 080676690 Agreement 4 CD14-03 FEID 4 - 59-1834379 IDIS# - 482 FiscalYearEnd: 6/30 Monitor End: 9/30/2023 AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Legacy Lakes Access Roadway (Vooderest Drive) Infrastructure Project I THIS AGREEMENT is made and entered into this day of 2014, by and between Collier County, a political Subdivision of the State of Florida, ("COUNTY" or "Grantee") havingI its principal address as 3339 E. Tarniarni Trail, Naples FL 34112, and "Habitat for Huinani4, of Collier County, Inc."("Habitat for Humanity" or "SUBRECIPIENT"), having its principal office at 11145 Tanflanii Trail E, Naples, FL 34113. zn 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 Count)/, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier C01.111ty approved the Collier County Consolidated Plan — One Year Action Plan for Federal Fiscal Year 2013-2014 for the CDBG Program with Resolution 2014-129 on.lune'24,2014— Agenda Item 16D8: and C� WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program* and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the CDBG Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project; and NOW, 'THEREFORE, in consideration of the Mutual benefits contained herein., it is agreed by the Parties as follows: I Habitat ror. FILIM-,111ity Of ColfiCr County. Inc. 2014-20 t5 CDBG (CDBG 14-0-3) Legacy Lakes Aceess Roadway (XNloodeicst Drive) III fi'2St1*1JCtIII'e 1'rgiect Page I of 41 a ul uao.►; SW81l Ia u0sle3lJ4eN l '=I '9L LV90 19310ed epua6y elluasgv ul 9LOZ `9Z Alnr :1u9wg3eJJV N s- LL n1 1D � r a d Y V a PARI' I 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 Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the CDBG program, will make available CDBG funds up to the gross amount of $500,000 to Habitat for Humanity of Collier County, Inc. to fund construction and project delivery of an access road (Wooderest Drive) to Legacy Lakes development in order to construct units of new affordable housing in the subdivision. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to HHVS 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 conveyance: 1. Affirmative Fair Housing Policy 2. Affirmative Action/ Equal Opportunity Policy 3. Fraud Policy '}, l.,Ullllll;l of LI1lGtGJt policy y 5. Equal Opportunity Policy 6. Procurement Policy 7. Residential Anti -displacement and Relocation Policy 8, Sexual Harassment Policy 9. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) 10. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) 1.2 PROJECT RETAILS A. Project Description/Budget Habitat for Humanity of Cotlier County, Inc. 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 2 of 41 ul ua011 Swell }o uol;eaIpION i. ':I '96 : H790 19}ioed epu96V equasgV ul 9L0Z `9Z AInp :luawgoe;}V The SUBRECIPIENT will accomplish the following project tasks: Project Tasks I. Complete an Environmental Review for the entire project and provide the County an Environmental Clearance prior to the obligation of any funds. 2. SUBRECIPIENT will pay all closing costs related to the conveyance of the properties. 3. Maintain and provide to the County resident income certification documentation that 51% of all housing units constructed in the development shall be low to moderate income households. 4. Provide quarterly reports on progress and progress toward achievement of national objective 5. Provide monthly construction progress reports until completion of construction. 6. Identify Lead Project Manager 7. Provide Site Design and Specifications 8. Comply with Davis Bacon Labor Standards 9. Provide Certified Payroll weekly throughout construction 10. Comply with Uniform Relocation Act (URA) if necessary It. Required attendance by a representative from Executive Management at quarterly partnership meetings, as requested. B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate -and middle income persons (LMMI). As such the SUBRECIPIENT shall be responsible for ensuring that all activities and beneficiaries meet the definition of Area Benefit Activities (LMA). C. Project Outcome Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CI)BG14-03) Legacy Lakes Access Roadway (wooderest Drive) Infrastructure Project Page 3 of 41 Funds Im rovementsFederal Proiect Component is Construction of an entry road to Legacy Lakes $439,782 development in order to construct new affordable housing in the subdivision. Project Component 2: Project Delivery — CDBG eligible project $ 60,218 tasks necessat for corn letion of the roject. $500,000 The SUBRECIPIENT will accomplish the following project tasks: Project Tasks I. Complete an Environmental Review for the entire project and provide the County an Environmental Clearance prior to the obligation of any funds. 2. SUBRECIPIENT will pay all closing costs related to the conveyance of the properties. 3. Maintain and provide to the County resident income certification documentation that 51% of all housing units constructed in the development shall be low to moderate income households. 4. Provide quarterly reports on progress and progress toward achievement of national objective 5. Provide monthly construction progress reports until completion of construction. 6. Identify Lead Project Manager 7. Provide Site Design and Specifications 8. Comply with Davis Bacon Labor Standards 9. Provide Certified Payroll weekly throughout construction 10. Comply with Uniform Relocation Act (URA) if necessary It. Required attendance by a representative from Executive Management at quarterly partnership meetings, as requested. B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate -and middle income persons (LMMI). As such the SUBRECIPIENT shall be responsible for ensuring that all activities and beneficiaries meet the definition of Area Benefit Activities (LMA). C. Project Outcome Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CI)BG14-03) Legacy Lakes Access Roadway (wooderest Drive) Infrastructure Project Page 3 of 41 ul woal swall to uolleol}lleN 1. '1 •9 t, : H79 18MOUd epua6V epuasgV ul 9l,0Z 19Z /Int' :luauar{oelly The SUBRECIPIENT will engage in performing the construction and project delivery of an entry road (Woodcrest Drive) to Legacy Lakes development in order to construct new affordable housing. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable i Deliverable Supportin, Submission Schedule Project Component One: Documentation Submission of monthly invoices Special Grant Condition Policies Policies as stated in this , Within thirty (30) days of (Section 1.1) agreement Agreement Execution Insurance Insurance Certificate -Exhibit A Annually within thirty (30) days lLegacy Lakes development. of renewal Detailed Project Schedule Project Schedule Within thirty (30) days of Agreement Execution Project Plans And Specifications Site Plans and Rehabilitation Prior to Construction Start Specifications documentation of fully permitted Environmental Review Environmental Review Record I Prior to obligation of any CDBG funds for construction. Submission of Progress Report Exhibit C & D Quarterly Reports until full occupancy. Annually thereafter until 2023 Financial and Compliance Audit Exhibit F Annually one hundred eighty (ISO) days after FY end Eliaibie households(5I% LMl} Income Eligibility (Exhibit E } Maintain in client files Continued Use Certification Continued Use Affidavit Annually until 2023 E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component One: Submission of supporting documents must be provided as backup as Submission of monthly invoices Funding costs will include but not limited to the following evidenced by completed AIA G702 - expenses: The Construction of an 1992 form or equivalent document access road (Woodcrest Drive) to per contractor's Schedule of Values, lLegacy Lakes development. check stubs, bank statements and any other additional documentation as requested. ! Final 10% (43,975.20) released upon documentation of fully permitted and installed entry road to Legacy Lakes development and final beneficiary information and Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 4 of 41 ul moil swall to uogeoilije2l 4 ':I '96 : 1,1786 183{3ed epua6V eituasgd ul 9LoZ `9Z fgnp :}uauatloe;}V 1..3 TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start effective the date of the execution of this agreement and shall end on September 30, 2018. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available $500,000 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"). Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with board approval. All improvements specified in Section I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. 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 Habitat for Humanity o('Collier County, Inc. 2014-2015 CDBG (CD13G14-03) Legacy Lakes Access Roadway (Woodcrest Drive) infrastructure Project Page 5 of 41 including Certificate of Occupancy of the 51 % of the new housing units constructed in the development. Project Comment Two: Submission of supporting documents must be provided as backup as Submission of monthly invoices Funding costs will include but not limited to the following evidenced by timesheets, payroll expenses: Project Delivery. registers, banking documents, vehicle logs, and any additional documents as needed. Final 10% (6,021.80) released upon documentation of a fully installed and permitted access road (Woodcrest Drive) to the Legacy Lakes develo rnent. 1..3 TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start effective the date of the execution of this agreement and shall end on September 30, 2018. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available $500,000 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"). Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with board approval. All improvements specified in Section I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. 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 Habitat for Humanity o('Collier County, Inc. 2014-2015 CDBG (CD13G14-03) Legacy Lakes Access Roadway (Woodcrest Drive) infrastructure Project Page 5 of 41 ul uao.►; swat! Io uollea!I!MJ L 'd '9L VP90 tavioed epua6V e!tuasgV ul 9LOZ `9Z Alnr :}uauarlae;}V r T. V- N a. 0 Y V tlf agreement. if no work has been performed during that month, or if the SUBRECIPIENT is not °" yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written authorization from the Grant Coordinator will not be reimbursed. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). 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 Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40-48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A-122 Cost Principles for Non -Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A Developer is not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is Subject to 24 CFR Part 85 and may impose requirements upon the Developer in order for the County to re►nain compliant with its obligation to follow 24 CFR Part 85. 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 or the Admin Plan. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBC,14-03) Legacy Lakes Access Roadway (wooderest Drive) 111lraStrUC1UFe t'rojecl Page 6 of 41 ul moil soja;l }o uoijeoilijeN 6 '-j -96 4VB0 IaVed epua6V ei#uesgV ul 9 6O `9Z Rlnr quou Lloe3;y T UL CD T COLLIER COUNTY ATTENTION: Gino Santabarbara, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 239-252-2399 GinoSantabarbara@colliergov.net SUBRECIPIENT ATTENTION: Nick Kouloheras Executive V.P. of Land Development Habitat for Humanity of Collier County, Inc. 11145 Tamialni Trail E. Naples, FL 34113 239-775-0036 nkouloheras@hfllcollier.com Habitat far Humanity of Collier County, Inc. 2014-2015 CDBG (CDBG 14-03) Legacy Lakes Access Road xay (Woodcrest Drive) Infrastructure Prgjent Page 7 of 41 Q ul woa; sui83! Io uol;eogle;eN L '-q '9L H780 }alloed epu96d el;uasgv ul 9602 `9Z AInr :tu9wgoeuV co � T T LL N n. d Y C %V a PART 111 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, SUBRECIPIENT, or Developer 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 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall' include, but not be limited to, the following: 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 perforin 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 HHVS. Niaterials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under- this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and Habitat for Humanity of Collier County, Inc. 2014.2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 8 of 41 U1 uaoa} sura}l }o uol}eoc;ltea 4 'j '9L ; L780 IaMaed epua6y el;uasgV ul 9LoZ `9Z Rinf, quawt4oetty a, T r N LL IL T r+ d Y V t6 IL records in an orderly fashion in a readily accessible, permanent and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception, if any litigation, claim or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. 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 HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The ST JDIR ECIPIE?`.'T shall document hoNx, the National Objective(s) as defined in 24CFR 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 not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit F) 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 Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 9 of 41 ul w04 suxa;l 10 uol;ealll;eM � 'd '9t : H780 ;aVed epu96y el;uasgb' ul 94OZ `9Z hint° :;uawyae;;b LL programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit 'Information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard 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 azn greement. 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, Housing Human and Veteran Services (,L', ensure has adopted an escalation policy to ense continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS 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 Department, the Department may require a portion of the awarded grant amount be returned to the Department. Habitat for Humanity o1'Collier County, Inc. 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 10 of 41 ul woij swa;l Jo uol;eolJl;ea 6 'J '9L LVSO ;a�{oed epu96V el;uasgb ul 91,0Z 19Z Rlnr :;uauuyoe;;y � N � N Ut co a W a� Y V R a o The County may require upwards of five percent (5%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o 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 Department of their substantia( non-compliance by certified mai(; the Department 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 Department. o The Department may require upwards often percent (10%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o 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 Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to irrunediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties. o The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entit)� has multiple agreements with the Department and is fom1d to be non- compliant, the above sanctions nary be imposed across all awards at the discretion of the Board of County Commissioners. 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 10"' 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" & "D". Exhibit "C" & "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting Habitat for Humanity of Collier County, Inc. 2014-2015 CDBGy (CDBG14-03) Legacy Lakes Access l:oadway (Woodcrest Drive) Infrastructure Project Page I I of 41 ul woad swali;O uoi;ealDON t •=I '9t : L179!) }aMOed epu96V el;uasgV ul 9GOZ `9Z AEnf :;uawe{oet}V N N LL N C6 6 CD Y U requirements may be required by the County Manager or their designee in the event of Program d changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Habitat for Humanity of Collicr County, Inc. 2014-2015 CDBG (CDB(314-03) Legacy Lakcs Access Roadway (Woodcres( Drive) Infrastructure Project Page 12 of 41 ul w®a} swell }o u01leel}lle2! L 'd '9L L179 i,) leKoed epua6d elluasgV ul 9LOZ 19Z Ajn` :luawyeeily N r N ca a m Y V lC 0 - PART PART IIl TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 and (3) SUBRECIPIENT is not required to follow federal procurement and (4) for SUBRECIPIENTS 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. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidetines, policies and available funding amounts, or for other Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBGI4-03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 13 of 41 ul Lu0JJ, suaal! 10 uallea!J!WN 4 '-q '9I, CVS O laNaed epu96V uquasgv ul 9l OZ `9Z Rlnr :luaWLJ3ellV N !1 N CO � a d reasons. If such amendments result in a change in the funding, the scope of services, or schedule a 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. There are no funds being granted in association with this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon -n. 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. 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 Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 14 of 41 ut woij swell Io uotleot}!le2! L 'A '9l �tt8C) lexoed epu96V etluesgV ul 9Loz `9Z hint' :luacugoelly N � N LL cc G. T d Y V to public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the IL Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. 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; n, ❑arure, fi any reason, ., of the SUBRECIPIENT to fulfill in a timely and proper lli iiv.+ manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. 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: Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBG14-03) Lcgecy bakes Access Roadtivay (Wooderes( Drivc) Infrastructure Project Page 15 of 41 ul uaa.a; suaato Io u01;eclll3e21 6 'J -9 0780 taMaed epuafy eituasgtf ul 9WiZ `9Z Ainr :;uawLJDe;J0y Fcv,,o U 0. a� Y V M A. Require specific performance of the Agreement, in whole or in part, a 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 set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to 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. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq,), 3.12 PURCHASING Habitat for I lumanity of Collier County, Inc. 2014-2015 CDBG (CDBG74-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 16 of 41 ul W0JJ suaa}l }o uol;ealli}eJ:J 4 '=I '9� H720 ;aMoed epu96y epuasgV ul 96OZ 19Z 11nr :;u9wgoeuv N r N LL tG � Y d Y -V to a SUBRECIPIENT are required to follow Federal Procurement regulations and Collier County's purchasing thresholds. 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 and shall be in compliance with 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 COUNTY may close out the project with the SUBRECIPIENT after the five (5) year period has been met. Activities during this closeout period shall include, but not be limited to: malting final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section 1X.BA, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. 3:15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES I labitat for Humanity of Collicr County, Inc. 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadvvay (Wooderest Drive) Infrastructure Project Page 17 of 41 ul "04 swall fa u011e31l11e8 b 'i _gl, : 4VGO OVed epua6V e►luasgV ul 94OZ 19Z Alnr :luauayaelly 00 N L.. N d d Y -V l4 The SUBRECIPIENT will use its best efforts to afford small businesses, minority (L 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. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries county�xide, 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" & "D" 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 piUVide 11rillat'Ve Al.t1Ul1 aiilu%iiiies t tl1e. U�TRR�f fPT _kJT t� nccict in the. formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update/modification. 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 the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that I Iabitat for Humanity of Collier County, Inc, 2014-2015 CDBG (C'DBG14-03) Legacy Lakes Access Roadway {Wooderest Drive) Infrastructure Project Page 18 of 41 ul wo.i; suaati Io uoi4eoi1neb L '=I '9!. H780 ta)Ped epuaBV ei4u9sgb' ul 960Z `9Z AInp :1u9ury3eJJV N r N U 6 cc 0 - maximum 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 pant by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. it will not discriminate against any employee or applicant for employment on the basis of religion. and will not lirnit ernployment 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 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Habitat for Humanity of Collier County, Inc. 2014-201.5 CDBG (CDBG 14-03) Legacy Lakes Access Roadway (woodcrest Drive) Infrastructure Project Page 19 of 41 ul wOJJ sw0l! to u®1W31}!1eN I '-A '96 �1780 4940ed epua6y e!;uasc{ f u! 9LOZ `9Z Alnr :wauty:)ejjV o LL: N Cd a d Y V a PAR'>! IV 4.1 24 CFR 570 as amended- A11 the regulations regarding the CDBG program coj«elLcdrticfrltestl24'part-ti70 4.2 24 CPR 58 - The regulations prescribing the Environmental Review procedure. Link: i�ttp:��Gv�«a.ecfr �i)y;Cr?i-bit7rte;a- icl 'c=ecfr&tp1= cc rhlo�y e!"Iitle24/2 4c r>8 main 02.1.1 43 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended l7ttt �ortai.hud rov/httdportai`F1UD?src=!pro{�rafri Oj11ceS/fair hcx1s1n2 ectual t p12/1=I-1 Laws! 109 4.4 `The Fain Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. httt� f''`w����r.f�nd.s�o�ioffices=f7�eo!lihrat�'Ihudtl�,'ten�ent.pdi E.O. 11063 — Equal Opportunity in Housing http:/t` rt{tl.hurl.<_ov/ht.tdportal/F{t_II 'Sre= pro<aram ofrfccS/fair housin<_ ectual L)11 1 -f -I 1,m s/1 X011063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs 1jLtt� ;'-};���irchnc5.��i7�_tecfe-t tl reisttrr`codilicatio��'c�ecuinc-i��derll229.htm1 24 CFR Part 107 - Non Discrimination and Equal Opportunit)' in Housing under E.O. http:l/wwvv.lavv.corne11.e.dulie fr/telt/24/part- 107 4.5 Title VI of the Civil Rights .Act of 1964 as amended, Title V111 of the Civil Rights Act of 1968 as amended htt�''!7c�rttl.11ud r,t,e,%ilticl,7ortal_I-1t'l.)'��� _`a -;t 3 t'3t) c�lfictS;itair hn tsin r glial ulj- descItitle8 4.6 24 CFR 570,601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housino. ht��:J/��wt�. txt.<rov/fdsys;`p1 <L,/C1'1:-`'007-title<1-vo13/ludl'?C1'-R-2007-title24-voI - sec5 70-602.nd F 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goats for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: 1246.1-itml EO 11375 and 12086: see item 48 below - 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e. el. seg. The SUBRECIPIENT will, in all solicitations or Habitat for humanity of Collier County. tne. 2014 -2015 CDBG (CDSG14--03) Legacy Lakes Access Road%%ay (wooderest Drive) lnfiast1-L1CtM'C Prgiect Page 20 of 41 ul W011 suaa;! }o uoI}eoI}IJed 4 ':1 '94 4179 4) 19NDed epu96y el;uasgV ui 940Z 19Z Alnr :;u9wt4oeiw M r N LL co IL a) v as IL advertisements for employees placed by or on behall'of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. }1tt13.;` t\ 1y1i`..f i?L;.U(T`=, la�i ?St untrue :'unfit t'ii.cfirn 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-i-ecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENI''s Sub -recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701.). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very tow -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-inconne persons residing in the e..,,.y {'r.,Y, n .x�h1:-1, t1.:: rir��iarf iS Inrs�l.eri v iiietropolitan are., iu .r t... ��...... The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible,priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs, Iiabitet I'm Humanity orCotlier County. Inc. 2014-2015 CD13G (MRG14-03) Legacy Lances Access Roadway (wl)Oderesl Di.ivc) Infrastructure Project Page 21 of 41 ui w0JJ suJ91610 u01#ea1j4e�,1 6 •J •9� : L178i } laMoed epu96y eijuasgb' ul 960Z `9Z Ajnr :;uauurrioeijV N r M LL N a r as Y U l4 IL The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. filt;? i��° atv.eei�r.t�ovr'e i- binf F°xt-ida'c �eclr tlr� fil> +>lise 7 1e? ? tcfrl _ main 01-Ap!p! 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Ane Discrimination Act of '1975 - har: act htm 11063:htt1�:/ 1?t+riaV.'�tt�,.�ot;'hudportar l?l D?src-Irrot,ram oft-Ices/fair housins7 e(.Lual o E, I_l,a s-E:N0I1Q63 11246:httn:, 00r/e�c,c-1ristory,351hIheIava/co-112-4 hIinI 11375: Amended by EO 11478 11478: 1478.htnil 12107: lit tp /,'vl:vvA archa! -i ]21 07Juni 12086: codif icatitrr;/CXecuti�e-order/ l 2086.11ttttl, 4.11 Contract Work Flours and Safety Standards Act, 40 USC 327-332. lilt%iusac,cer ;it�eerin zi rmplct .ti�tah.com!} P-1190-1-1/EP-1180-1_-10012.1-iter 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504:littp:I/ylt;y.er7a_.Stoticivilri_ihts'ecSCi s.htn? 29 USC 776: lYttp:Jiia« onecle.cor,v'uscc�cl `'9I776.htm1 24 CFR 570.614: http�!��ww.Iait.corncll e.du!cfr%test"'t;' 70.61.4 4.13 The Americans with Disabilities Act of 1990 httn.''lx;%7;'yi.,ilyt"c1.i;lt�t.flC)t%1'Ctll4 LMIil CtCC.ht711 4. 14 Uniform, Relocation lssl Jtaince aiua Real Prop eh; AC mi*QitintPntir.if*S Ant of 19705 ns amended. 11th./i ������vv.ihti�a.dt�t < ,�r 1 stat lull%incie�.Enti� 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in whole or in part by Loans or Grants from the United States- Iittp:,'"!�vwl�.latv.cotnel l.edtt cli�'text%29''�-t:u t- 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 Idours and Safety Standards Act) Ill tpj:/lvwNwNN.lavti.cornell.edtrlelr''text'?q ;art -5 Habitat for fiumanity of Collier Count% Inc. 2014-201-5) CD?tG tCDPM4-03i Legacy Lakes Access Roackva> (Wooderest Drive) Intrastruchire Project Page 22 of 41 ul wojl swall jo uolleallleN '=I '96 LV90 la)ioed epua6y ei}uesgV ul 940Z 19Z Alnr :luatut{aeliy M N LJ. � tD 0- CL a Executive Order 1 1914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. hitt :'i�;���° . le,sdes_tc�_1t�.E3._ �s in ___?1� �'t�i.� , 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. I 1625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http•//www.n9bda,goa/node/3 33 HUD Circular Letter 79-45: No reference found 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 GFR 570.607:httrr://ww��.frt�o.�ov/fdsys%hI«!CFR-2010-6tle?4- vol 3/l)dVCFR-2010- tjtle24-vola-sec570-60b.hdf E.O.13279: http://fede�ovcomraet,.com!pe02-192.httn 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. httn:/1�������.ttcbi.i�hn.nilL�7o�/nub;ned!122897t19 4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations and specified by the following subsections: lttt�:>`lti�w�.la��-.c<�rnLll �:ciiticlz,'t��ti24/1 art_1 Subpart A -- General; Subpart is — Pre -Award Requirements, except for 84.1121 Forrns for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: o Section 8422, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching: a Section 84.24, Program Income — in lieu of 8424 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(8), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: a In all cases in which equipment is sold, the proceeds shall be program income (pro -rated to reflect the extent to which CDBG funds were used to acquire the equipment); and I labi tat for Humanity of Collier County, 111e. 2014-2015 CDBG (CD13G14-03) Legacy Lakes Access Roadway (Wooderest Drive) infrastructure Pro.ject Page 23 of 41 ul w04 sw9P }a u0llea1.111e21 L '� '9I. H790 18)l3ed epua6m el;uasgV u 960Z `9Z AInr :}uawr{aej}`d T M li N tD � T d am Equipment not needed by the SUBRECIPIENT for CDBG activities CL shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.5 I (b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: e `I`he retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be three years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than frorn the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBREC,TPIENT's shall comply with 570.503(b)(7); and e Subpart D — After -tic -Award Requirements —except for 84.71, Closeout Procedures 4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. id�,c, ecfr trri= %eci.b3oj�5ei"I'itic24'� lcr°5 main 02.t1-)1 4.21 Immigration Reform and Control Act of 1986 it i�:���5`ll 1+.(;riOC � �'1'ic'cJC'i i11tit�11'1 �>>t11.t�"tela\� �(r'Cii.litlill 4.2,_ Prohibition 01 Gifts To County Employees -?`.o organization or :ndivldual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or outer 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 - httc} ,'.'ct����.]<s1v Lrver.k }til l<«� statc;'ll rich! t irate '1lorida wttrtute:7 chanter ii 1�parttiii Collier County - htt�/Ilicc.ti�)1-"Sitel3ircctor4�!;�SCI;'I-Il`%iabor'(:'ilAs "Shared"°i,20Documents?C'it1 �".i?2(?5 71 1.1 "�2E14tand8rds° i'(7of" (,20i'ondt;ct.t��li 4.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract DOCUffientS, 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. Habitat for Humanity of Collier Coutu3', Inc. 2014-2015 CDBG (CDBG14-03) I-egacy Lakes Access Roadway (woodcrest Drive) Tnii-astructtiire Projcct Page 24 of 41 s ul woij swell }o uolleoillle�j b '.:1 '91, : LV80 lalloed epue6V eiluesgb' ul 96oZ `9Z Alnp :lu9w43E!ljV M r N LL � co e. r aD Y V M CL 4.24 Vemle-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 requires[ for this item), 4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT" with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Stolules. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20`i - Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. http/lwtvw 11�et7afe Dov/I Ka����Statutesl2C)10/-I4.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 4] USC 7401, el sect. httt :/hvwt��.la���.corrtell edu.41SC0 le/tCXtl42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, cel sect., as amended. co -,It ll.KtILI U iC}Cl tl'\t' )>/Ghi11 ter til 4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. ltttt?.lr`�t 1ti �r_ect r .goy Icci-bin�tC�t- d`?c:=ecfrc`<:SiD=ebi40bdb52il22d80427a44bced5bt)1�56t rrn dit c �;c�v=test nvdC_2 4:3.1,1_ x_4.11.1.6 idno=24 4.24 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 570.604, Subpart K. htWy/rAYw" eCf -Foi/C21-I1)in/tC\t- rcly'?c ecli-eSil)=cl7a4Obdb5'S22c140f ?7a li bced51�0b56�ti r�tn=cfi� 8 �'ie�v=text<S node-=� Habitat for I lumanity ofCollica- County, Inc. 2014-2015 CI)BCj (CD13614-03) Legacy Lakes Access Roadway (Wodcrest Drive) Ir,frast,11C tie Project Page 25 of 41 Q ul wOJI suaaP 10 uol}eelMUN E ':1 '96 6tr86) EaNaed epuaBV el;uasgv ul 9f OZ `9Z Aln` :ivauaetoex;y M LL N CO 6 a - .r Y V cc 4.29 The SUBRECIPIENT agrees to comply with the historic Preservation requirements set 0 - forth 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 804, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http.l1t1VvVvV.II P IiistorN'ioca:-1avvjilipa 1966.htm http:P ww.ccfr.�ovic ]i-bin'tc. t- id�?c=ccfr ttil� ccfrbro��st `'l itle3C,'3{icFr800 main ()2.t1;1 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 -Iov!historN/local - I awinhhaI966.1-itm 4.30 The SUBRECIPIENT must certify that it wilt provide drug-free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). htt>a:1.ht5-code.�•le�.c.on�iv id`d3•u<3-free-��=c+rl�nl ac-e-recl�aire.meats-cont,-e�ctors-19w'42870 4.31 The SUBRECIPIENT certifies that neither it; nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CER 570.609, Subpart K. lit tpai'yvvVvv.ecfr L'ow/c i-bin"text- id'.?c-:cfr1' S I D =Cha-i-Obdh 822d ;0827a� 8hced-b0b 6&rL,,r1- d I � �'.• �.l .1.3.4.1 I.i.104'.itn�?-2.:1 i o t t t r -,ply `, .ith the 4WIn%„ino nM R (ir .>.11ars -,vlichever is 4.3� The SL��REC�P�E1�T agrees �e. c�. _ applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments. and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational I11StitutiOns (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non -Profit Organizations follow: • A-122 for Cost Principles • A -I 10 for Administrative Requirements OMB Circular A87: htip,!.-`v\ a0S7 -1004/ OMB Circular A102.htip:',`xv;N w.whitehouse.(-'ovlombicirculars a102I OMB Circular A2I:htt��chou,e. viomb/cu cuIars 1.021 2004! OMB Circular A i 10.laip:f la w�+.� ltit=�house.aov/otnb�circulars a l 10/ 11abirzii Por i tumaiiity ofCollier County, ltic. 2014-201 CD13G (CDRG14-03) t.egaq Lakes (Access Roadyvq (Woodcrest Drive) Idnistructure Project Page 26 of 41 . , ii ul woa; swall .}o uo:leoiDea 6 ':I -96 : MO laMoed epu96V elluasgy ul 9�oZ 19Z flnr :luawg3elly M r I N 1 11 Y V tff a OMB CircularA122:1�ttp.%'a lt.;.��ilitehoust.��«��r'omf�1'circultr t122 2004 4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-1331, Audits of States, Local Governments, and Non -Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 1tt}�ltvvw� whin hotlsc ov%otnblcirculars'a13:3 compliance su. )lcment 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs o1' 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. littt�:/,%���NN,vw.law.corncH.edu/cfr/text/24t/92206, 4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ]lttt�:!/w�<<tiv.fh<wa.dot.t_ov!realestate ualinde�.lztm l�tt;�:/r'�� 11{�-� .law.Cornell.cdu!cfrlte:�t;%-1��'2-1101_ h ulsc-real-l)ronert\ 1992 J3. tth.i/cli llcaxc()in!vici%?rff-�Cl� 4.35 As Vinr^ida C`tnitwees by enierinrs intn this Aureement 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 Mana(Tement Services within the 36 months immediately preceding the date hereof. This notice is requited by § 287.133 (3) (a), I71orida Statutes. lett./(��<«�v.lawtie.rver.coltilla���fstat�%flori<lalstatutcs,'9'lorida statutes 287-133 4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the malting of any Federal grant, the malting 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 fiends have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Habitat for I hmtartit; of Collier Count}, tile. 2011-2015 CDBG (CDBG14 03) Lcn,cy Lakes Acc 5 Roaiiv ay (V,'oocicres( Drive) Infrastructure Project Page 27 of 41 Q ul WOjJ swall }a uOIW01111e�l 6 'J '9b : L1780 19)}3ed epua6V eguasgV ul 9LOZ `9Z AInr :;u9wLioei3v CO M r IL N CL m Y U t6 Member of Con -cess, an officer or employee of Congress, or an employee of a Member CL of Congress in� connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Repoli Lobbying," in accordance with its instructions. The undersigned shall regt.tire 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, bans, and cooperative agreements) and that all SUBRGCIPIENTS shall certify and disclose accordingly. 4,37 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.38 Any rule or regulation determined to be applicable by HUD. 4.39 Florida Statutes 713.20, Part I, Construction Liens I�ti�a:i,t� �v�a.lei .state.ll.us/Statutes%index rfn�`.? ode=NSpl tV Statute& llRL=0700- 079€>10713/0713.html 4.40 Florida Statutes 119.021 Records Retention 17tttahv�tit��.la�tisLl�er.co��tl��'Mate/twl�>>ldIstatrltc~�florid�� statutes 119-0211 4.41 Florida Statutes, 119.071, Contracts and Public Records �itl�,r"i��t>��.lett.:..tate.tl.0 'Statutes%incl�;.cf�i'',h t mtsde=D1sr)ici SIMLI'tei11Z1.=(1100- 0199/01 11)'Sectio,ls 01 l 9.07.1imil (Signature Paoe to Follow) Habitat for I lumanity of'CoIIier County, Inc. 2014-2015 CDBG (CDBG14-03) Legacy -Lakes Access Roadway (Wooderest Drive) Infrastructure Protect Page 28 of 41 ul moll soja;! 10 U011co1lje�] L --q '9L HP90 WVIOBd epua6V equasqV ul 96OZ 19Z f,1nr:w9w14oenv M LL: w CL IN WITNESS '�IJJERE OF., the SUBRECIPIENT and the County, have each, 0 respectively, by an authorized person or agent, hereunder set their hands and seals on the date CL first written above. ATTEST: BOARD OFC COMMISSIONERS OF DWIGHT E. BROC CLERK COLLIER gNTY, FOXIDA By: Deputy Clerk TOM HENNING, CHAIRMAN Dated: (SEAL) Witness p Nal"e–anefiTtlCr— Wiq n_ -E -'CCA VARATORE Name and Title Approved as toionn and legality: I- o Z Jennife—r k Belpedio Assistant County At to�ey HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. By: NICK KML,011EItAS, EXECUTIVE V.P. OF LAND DEVELOPMENT FOR HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBGI 4-03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 29 of 41 ul Wo.a; susall to uolleogged 6 ':1 -96 Lt q layoed epua6V el;uasgb' ul 9GOZ `9Z Alnr :luewt43ellV c T � N T d v �a IL PART V EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 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 I — 3 above, a Certificate of Insurance must be provided as follows: Professional Liability Insurance in the name of tine SUBREC IP iEiv 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 becorne 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 cause its Subcontractors to provide original insurance coverage prior to any construction: — 4 above, the SUBRECIPEINT shall provide or certificates indicating the following types of 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) Habitat for Humanity of Collier County; Inc. 2014-2015 CDBC3 (CDBG14-03) Legacy Lakes Access Road%vay (Woodcrest Drive) Int'rastructure Project Page 30 of 41 ul woJl swall to uolteolllleu L '=I -91, CVS #aMoed epu86V eg}uasW ul 9W `9Z AInr :;uauagoe;ttf a N Ut 07 � a w d Y U tC a 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%% pf tl,e t'PplacPn,Pnt cost of the. nrope.l-ty. Collier County muS1 be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The Policy must show Collier County as a Loss Payee A.T.I.M.A. Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDB(.',14-03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 31 of 41 in ul W0JJ suaall } o uOlTeDIDe'd L A '96 tVSO taNaed epua6d epuasgv ul 9bOZ 19Z Alnr :;uau.€yae;i`d N LL N C6 6 IL d EXHIBIT "B" CL COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Habitat For Humanity of Collier County, Inc. Sub recipient Address: 11145 Tamiami Trail E, Naples. FL 34113 Project Name: Legacy Lakes Roadway Infrastructure Project Project No: CD 14-08 Payment Request # Total Payment minus Retainage: Period of Availability: 10/01/14-09/30/15 Period for which Agency has incurred indebtedness: through _ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3, 'Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests (Include Retainage) $ 5. Amount of Today's Request $ 6. 10% Retainage Amount Withheld $ 7. Current Grant Balance (Initial Grant Amount .Awarded Less Sung of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date 'Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Department Director (approval required $15;000 and above) (approval required $15,000 and above) Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBO4-03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 32 of 41 ul w0ij stuall t.® U014C3111JU i b .d '94 : 6b86) le)Ped epue6V eo;uasgV ul 960Z `9Z fini :luawgoelly EXHIBIT "C" REPORTING SCHEDULE The Subrecipient shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October I"— December 31 Januat 10"' January 31 S` — March 31s` Aril 10" April 1S1—June 30" July 10" July 1"— September 30" October 10" SUBRECIPIENT AGREEMENT LEGACY LAKES ROADWAY INFRASTRUCTURE PROJECT Date Submitted: Activity Reporting Period: Contact Person: Telephone: Email: GENERAL 1. Activity Status or Milestones — describe any significant actions taken or outcomes achieved during this reporting period. 2. Future Actions -- what significant actions or outcomes are expected during the next reporting period? I tabitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBG14-03) Legacy Fakes Access Roadway (Wooderest Drive) Infrastructure Pro.iect Page 33 of 41 :1; ul ua04 swa;l 10 uol;eollRem 6 •=I '9E.: 403joe,4 epua6d epuesgk( ul 9GOZ `9Z Apr :luawtlogJV 3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay ACTIVITY STATUS Complete the following information by entering the appropriate numbers for this reporting period in the tables below. Do not duplicate information from previous reporting periods. Activity This Reporting Period No. Active Projects No. Projects Complete No. Properties Demolished No. Properties Sold TOTAL HOUSEHOLD INFORMATION Complete these tables for those households assisted during this reporting period. Household Data This Reporting Period No. Extremely -Low Income Households (0-30% AM]) No. eery -Low Income Households (31-50% AM]) No. Low -Income Households (51-80% AMI) No. Moderate -Income Households (81-120% AMI) _ No. Female Head of Households TOTAL RACE AND ETHNICITY BENEFICIARIES Race Total No.lIispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi -Racial TOTAL Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 34 of 41 ul moa; swat! Io uoijeolt.Ije�:I 1. '_J '9t- - 6VSO 494oed epuaBV el;uasgtf ul 91 oz `9Z hlnr :;uawt40e;1`d LL to r QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The County reports information on a quarterly basis_ To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. QUARTERLY PROGRESS REPORT Sub -recipients: Please fill in the following shaded areas of the report Agency Name: Habitat for Humanity of -Collier County, Inc. '' Date: Project Title: Legacy Lakes Roadway InfrastructurcProject Alternate Program Contact: Cormac Giblin Contact: Nick: Kouloheras Telephone Number: 239-775-0036 'REPORT FOR QUARTER ENDING: (check one that applies W the corresponding grant period): ❑ 12/31/14 E] 3131115 006130115 ❑ 9/30115 [[1 Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. 0 Please list the outcome goal(s) from your approved application & sub -recipient agreement and indicate your progress in meeting those goals since the beginning of the agreement. A. Outcome Goals: list the outcome goal(s) from your approved application & sub -recipient agreement. Outcome 1: Environmental Review Clearance _ Outcome 2: Construction of an access road to Legacy Lakes development (Woodcrest Drive) Outcome 3: 51%% of home sites occupied by LMMI persons Outcome 4: Outcome 5: Outcome 6: Outcome 7: Outcome 8 Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBG14-03j Legacy Lakes Access Roadway (Woodcrest Drive) Inftastracture Proect Page 35 of 41 of w04 su 811 JO uo!1ea!}!1e�1 6 '-q '9L : 6VSO 19NOed epua5v eijuasgV ul 9&0z `9Z Apr :1uatut{3e}1y LL CD r 2. 3 Is this project stilt in compliance with the original project schedule? If more than 2 months behind schedule, must submit a new timeline for approval El Yes If no. explain: No Since October 1, 2014, of the persons assisted, how many.... a. now have new access (continuing) to this service or benefit? 0 In, now has improved access to this service or benefit? 0 c. now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What funding sources are applied for this period I program year? Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds Total Other Funds $ S FIOPWA CDQG ESG HOME Nabitat for HUREU1 v ol'Collier Countly. Inc. 2014-2015 CDBG (CDBG14-0 3) Legacy Lakes Access Roadway (WoodcrestDrive) InfraStrUCHIVe Projecl Total Entitlement $ Funds - Page 36 of 41 CD r N CL m Y U t4 CL n ul W011 swell 10 U01jeolple21 L '_q -9� 6 86} IGN312d epu96a eiluasgV u{ 9LQZ 19Z AInr :iu9wgoeuv F:,C�4t4 I�1 0- -lid Y U n. R S. What is the total number of UNDUPLICATED clients served this quarter, if applicable? O : a. Total No, of adult females served: 0-. Total No, of females served under 18: 0 b. Total No. of adult males served: TOTAL: 0 _. 0 Total No, of males served under 18: TOTAL: 0 -- 0 C. Total No, of families served: 0 - Total No. of female head of household: 0 Other 0; TOTAL: 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? a. Total number of adult females served 0<. Total number of females served under 18: 0" b. Total number of adult males served: TOTAL: O <. 0 Total number of males served under 18: TOTAL: 0 0 C, Total No. of families served: 0 - Total No. of female head of household: 0 Complete EITHER question #7 OR dt8. Complete question 47 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question #8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. 1PRESUMED BENEFICIARY DATA r 8. OTHER BENEFICIARY DATA: INCOME RANGE Indicate the total number of LIND IP t -AXED- Indicate the total number of MVO /P I .ATEA persons persons served since October 1 who fall into served since October 9 who fall into each income each presumed benefit category (the total category (the total should equal the total to question 46): should equal the total in question #6) : Report as O:' Abused Children O : Homeless Person O Battered Spouses American Indian/Alaska Native Persons w/HIV/AIDS 0 Elderly Persons 0 Veterans -`0 : Chronically/ Mentally ill 0 -- Physically Disabled Adults 0 Other -Youth Report as: OExtremely low Income (0-30%) 0 Low Incorne (31-50%) 0 <: Moderate Income (51-60%) O - Above Moderate Income (180%) TOTAL: 0 TOTAL: 0 9, Racial & Ethnic Data: (if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White.- ; of whom, how many are Hispanic? Black/Afr'ican American O Asian 0. American Indian/Alaska Native 0 - Native Hawaiian/Other Pacific islander 0� American Indian/Alaskan Native & White 0 Black/African American &. White 0, Am. Indian/Alaska Native & Black/African Am. 0 `. Other Multi -racial 0 Other 0; TOTAL: 0 Name: Title: Habitat for I Iumanity of Co Couni}', In C. 20 14 -2015 CDBG (CDBG14-03) L.egacp Laces Acres: Rondway (WoodereO Drive) Infcastructtire Project Signature: Your typed Warne here represents your e ectronic signature Page 37 of X11 ; of whom, how many are Hispanic? 0 ; of whom, how many are Hispanic? 0 -.; of whom, how many are Hispanic? O of who, n, how many are Hispanic? ' 0 of whom, how many are Hispanic? 0 - ; of whom, how many are Hispanic? 0 , ; of whom, how many are Hispanic? 0 '. ; of whom, how many are Hispanic? - O '. ; of whom, how many are Hispanic? 0 ; of whorn, how many are Hispanic? 0 TOTAL HISPANIC Signature: Your typed Warne here represents your e ectronic signature Page 37 of X11 ul wOJJ sw8ll fo uoEleog}sle�J I ',d '91. l,V20 Ia)Iced epuabV elluasgV ul 960Z `9Z Ainr :luauauoelly 00 v T LL N C6 T iL W Y EXHIBIT "E" a INCOME CERTIFICATION INSTRUCTIONS Submit completed form, including; appropriate supporting documentation, to Grantee to obtain approval prior to direct assistance associated with this Agreement to an eligible person or household. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 t 5 6 7 j 8 j B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets I- 4 5 6 7 8 Total Cash Value of Assets B(a) Total Income from Assets B(b) If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0%) and enter results in B(c), otherwise leave blank. B(c) I Iabitat for Humanity of Collicr County, Inc. 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 38 of 41 LL: T ul uaoa} suUa;l }o uoi}eallilea l, 'A '94 : Lb8C) 1010ed epua6y eljuasgV ul 9l,0Z 19Z 4Inf :ivawt oeuv C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages I Benefits / Public Other Salaries Pensions Assistance Income (include tips, l Asset commissions, Income bonuses, and overtime {Enter the 1 of 2 greater box 13(b) or 3 box B(c), 4 above, in 5 box C(e) below) 6 7 8 (a} (b) (c) (d) (e) Totais f Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. I). 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. lVAANiNC_. Florida CtdtUCCS Rt7 �,r�, ;�;uSo� rh�r , AilA,1 f. loP ct�rP:»Pnto nr micranrocuntstinnc ronrernin� nicomr nnrl a„cr_fc nr ,r .....,._prey ............... ` 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 Adult Household Member (if applicable) Date Date Adult Household Member (if applicable) Date I labitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBG14-03) Legacy bakes Access Roadway (Woodcrest Drive) Jnflrastructure Project Page 39 of 41 M T N al CL bd v R CL s ul uao.tf suratl Io uorteolll 12N t '_4 '9L 6VSO ;aMaed epua6V ertuesgv ul 91,0Z `9Z Ajnr :#u9wLJ3e;tb c r an LL N 07 a. le Y V F. CDBG Grantee Statement: Based on the representations herein, the family or a 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: 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 $ ). 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 $ ). Moderate -Income (MOD) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race / Ethnicity By Age Native j American Hawaiian or 0— 26— 41 — Indian Asian Black Other Pae. shite Other 25 40 61 62+ Islander Hispanic j I Non - Hispanic NOTE. Information concerning the rade or elhntcity of the occarpants is being gathered for statistical use only. No henefieiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or She has to the CDBG program. Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDB(314-03) Legacy Lalces Access Roadway (Woodcrest Drive) Infrastructure Project Page 40 of 41 ul woil swals to uolleollllea 6 '=I '94 : 61790 laVed epu96y ei}uasgV ul 9boZ `9Z Alnr :luauayoelly EXHIBIT «E» ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non -Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient Fiscal Year Name Period Total State Financial Assistance Expended during $ recent) com leted Fiscal Year Federal Financial Assistance Expended during most $ t) completed Fiscal Year P Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federallstate expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A-133 audit by . Within ❑ 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. ❑ We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. ttr nnnrngs were nvLeu, Neeaae t::MAUZaU Ci %,UIJ]/ v1 uIc Hca aJuaoo u Certification Statement I hereby certify that the above information is true and accurate. Signature I Date rint blame and Title This form may be used to monitor Florida Single Audit Act (Statute zAS.9 /) requirements. Habitat for Humanity of Collier County, Inc. 2014-2015 CDBG (CDBG14-03) Lcoacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 41 of 41 LO N QS 0- (D m Y L) ca a. ul W011 siva1: }o u014e311RON L '=1 '9L : HV80 tsX3ed epu96V eijuesq`d ul 9LOZ 19Z AlnF :4u9uat43e;;y Grant # B -14 -UC -12-0016 - # B -13 -UC -12-0016 CFI?A/CSFA# 14.218 Subrecipient — Habitat for 1-1 imanity of Collier County, Inc. DUNS # - 080676690 Agreement # CD14-03 FEID # - 59-1834379 IDIS# - 482 Fiscal Year End: 6/30 Monitor End: 9/30/2023 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER. COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Legacy Lakes Access Rotadsvay (Wooderfest Drive) Infrastructure Project This Amendment is entered into this./,>?, ,4 day of AleLu 2015, by and between HABITAT FOR HUMANITY OF COLLIER COUNTY, iNC., a private not-for-profit corporation existing under the laws of the State of Florida, hereinafter referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the "Parties." WHEREAS, on September 23 t" 2014, the COUNTY entered into an Agreement with the Community Development Block Grant Program funds to be used for Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Improvements Project (hereinafter referred to as the "Agreement"); and WHEREAS, the Parties desire to amend the Agreement to increase Community Development BIock Grant finding and to clarify beneficiary and milestones requirements. NOW, THEREFORE,. in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words St-ruek-Thfough are deleted; Words Underlined are added All references to "HHVS" shall now be "CHS'' and all references to "Housing Human and Veteran Services" shall now be "Community and Human Services". Habitat for Humanity of Collier County, Inc. — First Amendment 20142015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page I of 8 f,, N LO N 6 a. a .19 U cc CL ul uao.tg susal110 uogeolpje2l L 'd '9 L t1781.) 19310ed epua6V epuasgy ul 960Z 19Z Apr :1u9wgouzJv M r N GL � co p. PAR'S` k V M a 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 Collie leu-t± u� , ; u;, a pro+o cop,; on rumor- Collier Count) Community and Human y ___ __smg, ______ a a. G LR�Z ices \1114, Services ,CHS), to perform the tasks necessary to conduct the program as follows: 1414NIS CHS, as an administrator of the CDBG program, will make available CDBG funds up to the gross amount of, 0 $715,000 to Habitat for Humanity of Collier County, Inc. to fund construction and project delivery of an access road (Woodcrest Drive) to Legacy Lakes development in order to construct units of new affordable housing in the subdivision. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to HEVS 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 (3 0) days of conveyance: I . Affirmative Fair Housing Policy 2. Affirmative Action/ Equal Opportunity Policy 3. Fraud Policy 4. Conflict of Interest Policy 5, Equal Opportunity Policy 6. Procurement Policy 7. Residential Anti -displacement and Relocation Policy S. Sexual Harassment Policy 9. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) 10. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) C. Provide household beneficiary information, to ensure that at least 51% of the beneficiaries of the income surveyed area are low to moderate income beneiicaries, to be completed no later than September 30, 2018, The area for the intendedrp oject benefit must be fully surveyed by the SUBRECIPIENT prior to closeout and final payment. Failure to serve the requirederi3 centage of low to moderate income beneficiaries will reauire the SUBRECIPIENT to renav the COUNTY the CDBG investment in full. Habitat for Humanity of Collier Counry, Inc. - First Amendment 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 2 of 8 ul ur011 swall 10 uol}eaEllleN L -4 '9t 6trgt) tangoed epu96y el;uasgy ul 91.OZ `9Z AInr :luaauyoe;;v 1.2 PROJECT .DETAILS A. Project Description/Budget Improvements Federal Funds Project Component I: Construction of an entry road to Legacy Lakes Vnn development in order to construct new affordable housing in the $650,000 subdivision. Policies as stated in this Project Component 2: Project Delivery — CDBG eligible project $60,218 delivery tasks necessary for completion of the project. $65,000 Total: $50980 Annually within thirty (30) days $715,000 B. National Objective The CDBG program funds awarded to Collier County must benefit low -moderate -ate ,,,income persons (F LMI). As such the SUBRECIPIENT shall be responsible for ensuring that all activities and beneficiaries meet the definition of Area Benefit Activities (LMA). C. Project Outcome The SUBRECIPIENT will engage in performing the construction and project delivery of an. entry road (Woodcrest Drive) to Legacy Lakes development in order to construct new affordable housing. The SUBRECIPIENT will obtain beneficiary income data for each of the new homes built benefited by the project prior to project closeout. D. Performance Deliverables The Following fable Details the Project 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 Certifcate-ExJ itA Annually within thirty (30) days of renewal Detailed Project Schedule Project Schedule Within thirty (30) days of Agreement Execution Habitat for Humanity of Collier County, Inc. — First Amendment 2014-2015 CDBG (CDBG14-03) Legacy Lalces Access Roadway (Woodcrest Drive) Infrastructure Project Page 3 of S ul wojI swell }o uol;eolple21 C •d -9b : LVB0 18)loed epu96y eljuasgV ul 9toZ `9Z llnr :ivawtve;ly Project Plans And Specifications Site Plans and Rehabilitation Prior to Construction Start Project Component One: Specifications Submission of monthly invoices Environmental Review Environmental Review Record Prior to obligation of any CDBG expenses: The Construction of an funds for construction. Submission of Progress Report Exhibit C & D Quarterly Reports until full Legacy Lakes development. occupancy. Annually thereafter until 2023 Financial and Compliance Audit Exhibit F Annually one hundred eighty 180) days after FY end Eligible households beneficaries Income Eligibility (Exhibit E) Maintain in client fifes (51 % LMI) installed entry road to Legacy Lakes Continued Use Certification Continued Use Affidavit Annually until 2023 E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component One: Submission of supporting documents must be provided as backup as Submission of monthly invoices Funding costs will include but not limited to the following evidenced by completed AIA G702 - expenses: The Construction of an 1992 form or equivalent document per access road (Woodcrest Drive) to contractor's Schedule of Values, check Legacy Lakes development. stubs, bank statements and any other additional documentation as requested. Lina) W-0 (43,978.20) 5% ($32,500) of retainage held will be released upon documentation of fully permitted and installed entry road to Legacy Lakes development, and final bene fici i� . , •,,,, and inelading Gertifieate ofOcoupaney of the 511,Xo of the -new housing Un;+ its ted in the 2.5 % ($16,250) of retainage held will be released upon the closing and sale of 26% or 15 new housing units, to be constructed in the Legacy Lakes Development, including Certificate of Occupancy, to low to moderate income households. Final 2.5 % ($16,250) of retainage held will be released upon the closinX and sale of an additional 25% or 14 units, for a total of 51% or 29 units, of the new housing units to be constructed in the Legacy Lakes Habitat for Humanity of Collier County, Inc, - First Amendment 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 4 of 8 LO LO N 6 a d v c� IL ul ua04 sU191110 uom;eDINUN 4 -:1 '9G : Lvn) iwioed epua6`y ee;uasgy ul 9�()Z 19Z flnp :;uawyoeJJV Habitat for Hurnanity of Collier County, Inc. — First Amendment 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 5 of 8 Deveia>7ment, ineludin Certificate of Occupancy, to low to moderate income households and provide documented Surveys of the service area to demonstrate and ensure that all activities and beneficiaries meet the definition of Area Benefit Activities LMA. Project --Component Two: Submission of supporting documents must be provided as backup as evidenced by timesheets, payroll registers, banking documents, vehicle logs, and any additional documents as needed. Final 0 decumeniaati F„II.• :,�.7 l i e) to tyre 1 egaey Tm a1� as „1, nt 0 5 /o ('3.250) retainage released upon Submission of monthly invoices i Funding costs will include but not limited to the following expenses: Project Delivery. documentation of a fully installed and permitted access road (Wooderest Drive)_ to the Legacy Lakes development. 2.5 % ($1,625 of retainage held will be released upon the closing and sale of 26% or 15 new housing units to be consttveted in the Legacy Lakes Development, including Certificate of Occupancy, to low to moderate income households. Final 2.5 % ($1.625) of retainage held will be released upon the closing, and sale of an additional 25% or 14 units for a_total of 51% or 29 units, of the new housina- units to be constructed in the Legacy Lakes Development including Certificate of Occupancy to low to moderate income households. Habitat for Hurnanity of Collier County, Inc. — First Amendment 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 5 of 8 UI W011 SLU911 10 U01je:)1jqeN '9i = Gps 193joed epua6V eijuasqV ul 9 6OZ 19Z Film :w9wqoeuv f - U.: co (L IN "IITNE'4S WHEREOF, the SUBRECIPIENT and the County, have each, (L respectively, by an authorized person or arent- hereunder set their hands and seals on the date first \�TitlCri above. A'17ESI: -)WIGHT E.,'B-IX)C)K,, Cl. - [-',-R,K 1?itest as to Chairman's, U put perk signature only. Dated: \wj i '� EAL) Approved as to form and leplity: I- - Jcnn4er A. Bel,din t Assistant COL111 4orney flahilat [or 11mminhy FirSl ,Amendment 2014-2015 CDBG (Cf)[36 I LcQac-% Lakes Access HOARD OF COUNTY COMMISSIONERS OF COLE" UNTY. FLORIDA TIM NANCE, CHAIRMAN HABI-TAT FOR HUMANITY Of COLLIER COUNTY, INC. B NICK 00,0HERAS. EXECUTIVE V.P. OF LAND DEVELOPMENT FOR HABITAT FOR HUMANITY OF COLLIER COUNTY. INC. Page 6 ofg ul uaa.l; SWall }o UOIWOIIRE!�{ E ':I '9L 11781.) 183i3ed epual3a epuasgV ul 9i.OZ `9Z Alnr :ivawt{ae;;v Co L!. N EXHIBIT "D" a as Y V QUARTERLY PERFORMANCE REPORT DATA a GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ("IDIS") Performance Reports. The County reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. Sub -recipients: Please tilt in the following shaded areas of the report Agency Name: Habitat for Humanity of Collier County, Inc. Date: Project Title: Legacy Lakes Roadway Infrastructure Project *REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 012131/14 03131/15 ❑06/30/15 09130115 D Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. 1 Please list the outcome goal(s) from your approved application & sub -recipient agreement and indicate your progress in meeting those goals since the beginning of the agreement. Habitat for Humanity of Collier County, Inc. — First Amendment 2014-201 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 7 of 8 2. 3 Is this project stilt in compliance with the original project schedule? If more than 2 months behind schedule, must submit a new timeline for approval. Yes No If no, explain: Since October 1, 2014, of the persons assisted, how many.... Habitat for Humanity of Collier County, Inc, — First Amendment 2014-2015 CDBG (CDBG14-03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 8 of 8 66.F.1.b Grant 4 - B -14 -CTC -12-0016 CFDA/CSFA9 - 14.218 Subrecipient — Habitat for Humanity of t Collier County, Inc. DUNS 4 - 080676690 Agreement 4 CD14-03 IDIS# - 482 [ FEID 4 -59-1834379 I c w Fiscal Year End, 6/30 Monitor End: 09/30/2023__ w SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND c HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. o L M+ (A 1 THIS AMENDMENT is entered into this day of Jun t_- 201 5, by and between the w "Habitat for Humanity of Collier County, Inc." a private not-for-profit corporation existing under the laws of o the State of Florida, herein after referred to as "SUBRECIPIENT", having its principal office at 11145 C Tamiami Trail E, Naples, FL 34113; and Collier County, Florida, having its principal address as 3339 E. ti Tamiami Trail, Naples FL 34112, hereinafter to be referred to as `'COUNTY", collectively stated as the '.PARTIES." � RECITALS WHEREAS, on September 23, 2014, the COUNTY entered into an Agreement with the Community � Development Block Grant Program funds to be used for the Legacy Lakes Access Roadway (Wooderest r7 Drive) Infrastructure Project (hereinafter referred to as the -Agreement"); and WHEREAS, the Parties desire to amend the Agreement to conform to the Department of I -lousing and Urban Development's C DBG requirement reg=arding the records retention period. NOW, THEREFORE. in consideration of foregoing Recitals, and other good and valuable consideration, the receipt andsufficiency of which is hereby mutually acknowledged, the Parties agree to annend the Agreement as f"ollows: Words StRtek= oagh are deleted; Words Underlined are added Part II -Grant Con,,rol Requirements", Section 2.2D "Records and Doe umentation", is hereby amended as follows: 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 SUBRECIPIT-``NT shall keep all documents and records in an orderly fashion in a readily ILAI hitIII CorfiumanitN ot'('0111,:[ County. Inc. 201A-2015 CC)t3( ; ICr)14-03) (-.uac� Lake: ,1 cess tto�luwa� ('tti�.wdcrc�t (�°c) Page I of 3 Packet Pg./216] 16.F.1,b accessible. permanent and secured location for thfee—{3-) five(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 twee (�) five f5 year period, the records will be maintained until all litigation. claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if' an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure electronically must be provided to the COUNTY in a information technology systems of the public agency. requirements. All records stored format that is compatible with the Part IV "General Provisions", Section 4.19 "Uniform Administrative Requirements", is hereby amended as follows: 4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations and specified by the following subsections: http://w,�y,w.1aw.eoriiell.odu/efr/text/24/part-84 o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: ■ The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be gree five years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; (Signature Page to Follow) I fabitat for Humanity of Collicr Count, Inc. 201,E-'(115 C[)f3G (0)14-03) !,cgac} Lakes Access Roa&taY (\� oodcrot Drive) Page 2 of 3 c Y T ¢ c E 0 L 4.� W E Y 0 c 0 u u: r CD 0 U a. M r, M r_ U N .Q tL r O CV t N _A i E U Pu Packet Pg. 2161 16.F.1.b' IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or went, hereunder set their hands and seals on the date first written above. ATTEST: DWIGHT E..BROCK. CLERK ( `✓-fit Dated• Attest as to CtiaW�1, signature only, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,, FLORIDA By: TIM NANCE, CHAIRMAN HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. NICK KOCUFIERAS, EXECUTIVE -V-, P. OF LAND DEVELOPMENT FOR HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Approved as to fom1 and legality: Jennif_'er A. Belped"ro-� Assistant County Att.orne y f{ahitae iar (lumunit} 4CollicrComity, Inc. tctiaey i.;}.cs :i�c4ss i�a;ui'��ay (4'oc� icrt,t t:)ri�ei Pa, -,e 3 of ) Packet Pg. 2162 Gmat FAIN# M -06 -UC -12-0217 M -08 -UC -12-0217 M -09 -UC -12-0217 M -10 -UC -12-0217 M -11 -UC -12-0217 M -12 -UC -12-0217 M -13 -UC -12-0217 M -14 -UC -12-0217 M -15 -UC -12-0217 Federal Award Dates Est. 10/2013 Federal Award Agency: HUD CFDA Name: HOME CFDA/CSFA#: 14.239 Total Amount of Federal FundsAwarded: $2,164,755.40 Subrecipient Name: Big Cypress Housing Corporation CHC DUNS # - 0647232520 E9IS# 455 FEIDN # - 65-1067124 R&D - No Indirect Cost Rate - No - Period of Performance: 10/22113— 9/30/2016 FY End 12/31 Monitoring Deadline 0612036 AT%TTL� �M NyA� NT TO r�avAWu111/fuCNT Ry'I A E -7. uR CO. LTINI'I'V AND BIG CYPRESS HOUSING CORPORATION THIS AMENDMENT is made and entered into this day of , 2016, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER", `Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 19308 SW 380`" Street, Florida City, Florida 33034. RECITALS WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME Investment Partnerships (HOME) Program funds for the a new construction of Multi -Family Project consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve located at 3180 Westclox Street in Immokalee, Florida. Big Cypress Housing Corporation (HM13-03) Multi -Family Project IS for Single Family Rental Housing Construction Amendment#5 Page 1 of 9 16.F.1.b Packet Pg. 2163 16.F.1.b WHEREAS, on May 13, 2014, Item 16DI3, the COUNTY approved the first amendment to this Agreement; and N WHEREAS, on September 9, 2014, Item 16D13, the COUNTY approved the second amendment to S this Agreement; and a WHEREAS, on September 8, 2015, Item 16D2, the COUNTY approved the third amendment to this Agreement; and. Q WHEREAS, on December 8, 2015, Item 16134, the COUNTY approved the fourth amendment to this Agreement; and of WHEREAS, the Parties desire to amend the Agreement to clarify the period of performance N terminology and incorporate 2 CFR 200 requirements. Y NOW THEREFORE in e i Recitals, valuable consideration of foregoing R,,...als, and other good an.. va.uu�le � consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend ° the Agreement as follows: ro Words Str-nelk£-hrough are deleted; Words Underlined are added ti o; H. TEM PERIOD OF PERFORMANCE Services of the DEVELOPER shall start on the 22°d day of October, 2013 and end on the 30th day of October, 2016. Construction activities shall be completed by 2016 and the affordability period shall cease in 2036. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the DEVELOPER remains in control of HOME funds or other HOME assets, including program income. M. AGREEMENT AMOUNT Milestone Anticipated Deadline Environmental Scope Review by County 10/2014 Environmental approved by HUD 12/2014 Environmental Review Published and NTP Issued 11/2014 Design work complete 2/2015 Land Acquisition 12/2014 Big Cypress Housing Corporation (HM13-03) Multi -Family Project 18 for Single Family Rental Housing Construction Amendment#5 Page 2 of 9 v co r Packet Pg. 2164' Building Plans submitted & Reviewed by County 01/2015 Bid selection made 03/2015 Contract signed/Awarded/NTP issued 05/2015 Construction complete or near completion for one of the eighteen units -failure to accomplish this task may 12�'�;?�7 08/15/16 result in the subrecipient being required to repay $371,260.57 of CDBG/DRI funds that were previously invested in the project Construction of all 18 units complete 06/2016 8/15/16 Lease agreement complete for one of the eighteen units 4-24-5404-S 08/15/16 Lease Agreements Complete for the remaining 09/2016 seventeen units COST PRINCIPLES Payments to the Grantee 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 can 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 Subrecjpient'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 Subpart E however the County is Subject to 2 CFR Subpart E and m4y 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. VI. GENERAL CONDITIONS G. DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 GFR 85.44a CFR 200.339, this Agreement may also be terminated for convenience by either the Grantee or the DEVELOPER, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Big Cypress Housing Corporation (HM 13-03) Multi -Family Project 19 for Single Family Rental Housing Construction Amendment #5 Page 3 of 9 Packet Pg. 2165 VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the DEVELOPER shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of HOME funds per 24 CFR 92.504(2)(vii). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse DEVELOPER's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 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). VIII. INSURANCE DEVELOPER shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried, at alt times during its performance. IX ADMINISTRATIVE REQUMEMENTS A. EXAMINATION OF RECORDS The DEVELOPER shall maintain sufficient records in accordance with 24 CFR 92.508 to determine compliance with the requirements of this Agreement, the HOME Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. DEVELOPER shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law 2 CFR 200.337. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. Big Cypress Rousing Corporation (I4MI3-03) Multi -Family Project 18 for Single Family Rental Sousing Construction Amendment 45 Page 4 of 9 r� C6 �r co T � 0 -�e' U M Q) C: cca 0 cfl cv 21 c ca E U PacRet Pg. 2166 The COUNTY will monitor the performance of the DEVELOPER 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 rovided under this agreement further defined by 2 CFR 2003 3 1Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement If corrective action is not taken by the DEVELOPER within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated DEVELOPER 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 a%Ueement, E. PURCHASING DEVELOPER ma +the required to follow Federal Procurement standards at (2 CFR 200.318 throe 326) and Collier County's purchasing thresholds. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range $ Quotes Under $3K I Written Quote $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the DEVELOPER shall make available all records, documentation and anyother data relating to all matters covered by the Agreement for review, dinspectio or audit and in compliance with 24 CFR 92.504. Anv deficiencies noted in audit reports must be fully_ cleared by the Developer, within 30 des after receipt b, the he 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 Developer hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Developer audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by OMB Circular A-133 for fiscal years beginning before Aecember 26, 2014 and established by 2 CFR Part 200 Subpart F -Audit Requirements for fiscal years beginning on or after December 26, 2014, G. GRANT CLOSEOUT PROCEDURES DEVELOPER's obligation to the COUNTY shall not end until all closeout requirements are completed. Big Cypress Housing Corporation (HM13-03) Multi -Family Project 18 for Single Family Rental Housing Construction Amendment #5 Page 5 of 9 16.F.1.b N c m Y c 0 N Q c E 0 L m 0 C 0 a U w:. u. r co r 0) U L�. c G) Q N �c 0 N N V E U rz ZA Packet Pg. 2167 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. Any balance of y j 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 DEVELOPER is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. In addition to the records retention outlined in Section IX.$.3, the DEVELOPER shall comply with Section 119.421 Florida Statutes regarding records maintenance, preservation and retention. DEVELOPER 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 200343 and ensure all federal grant CD 0 .0 have been requirements completed. The County will record a Mortgage, Deed and Note for each property upon j completion of each HOME unit. Developer shall execute any additional documents and provide additional information as may be necessary for the County to enter into these additional documents. E 0 L F a� w X. OTHER PROGRAM REQUIREMENTS o c 0 m' U ; E. CONFLICT OF INTEREST w ; ; The DEVELOPER 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 u: 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 DEVELOPER. The DEVELOPER covenents that it will comply with all provisions of 24 CFR 92.356(f) 00 "Conflict of Interest". and 2 CFR 200.318, and the State and County statutes regulations oridinaces and 77 resolutions izoveming conflicts of interest. The Developer will notify the COUNTY in writing and seek Y 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 DEVELOPER. The COUNTY may review CL ' 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, DEVELOPER's ability to self -manage the project using its own employees. Any possible conflict of interest on Q the part of the DEVELOPER or its employees shall be disclosed in writing to HAWS provided, however, that t4 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 .0 residents of the project target area. ca CDf cv 7.� � I Exhibit E of the agreement is replaced with revised Exhibit E on following -' page 0 c6 w Q Big Cypress Housing Corporation (HM 13-03) ; Multi -Family Project 18 for Single Family Renta! Housing Construction ; Amendment #5 Page 6 of 9 Packet Pg. 2168 REVISED EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT Circular 2 CFR 200.560 requires Collier County to monitor subrecipients of federal awards to determine if subrecioants are compliant with established audit requirements. Aamrdingly, Collier County requires that all appropriate documentation Is provided regarding your organizations oomplance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the federal award occurs, including any Federal award provided by Collier County. Ihj.determiallion g arn2WJs of Federal awards examnded shall tae in agcordence with guidelines established by OMB Circular A-133, for fiscal bears beginning before December 26, 2014, and established by 2 GFR Part 206, Subpart F — Audit Requirements for fiscal years bnn on or after December 26, 2014. this form may be used to monitor Florida Sinpte Audit Act (Statute 215.57) requirements. Subreclptent Youth Haven Name First Date of Fiscal Year MMI Last Date of Fiscal Year MMIDDrfY Twat Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed. Fiscal Year most recently cam feted Fiscal Year tc Is Check A or B. Check C if applicable A The Federal/State expenditure threshold for our fiscal year ending as indicated above has been met and a Circular A•133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 36 days of completion. B. We are not sul jed to the requirements of OMS Circular AA 33 or 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year Wicated above ❑ Are a for-profit organization Ary .-^4 for X46 ,rvaoons = s lain An audited financial statement is attached and if applicable, the independent auditor's management letter, C. Findings were noted, a current Status Update of the responses and corrective action plan Is Included separate from the written response provided within the audit reports. While we understand [] that the audit report oDnlains a written reponse to the finding(s), we are requesting an updated status of the corrective action(s) being taken, Please do not provide just a copy of the written response frorn your audit report, unless it Includes details of the actions, procedures, policies, etc, i implemented and when it was or will be tnr mented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 46/15 Big Cypress Housing Corporation (HM 13-03) Multi -Family Project 18 for Single Family Rental Housing Construction Amendment #S Page 7 of 9 n Packet Pg. 2169 EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 40, 2 CFR 200 et seg - Uniform Administrative Requirements Cost Principles and Audit requirements for Grants and Agreements 41. The DEVELOPER 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 necessW source documentation for all costs incurred These requirements are enumerated in 2 CFR 200 et seq. 42. Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the County nine (9) months after the end of the DEVELOPER'S fiscal year. The DEVELOPER shall comply with the requirements and standards of OMB A-133 or 2 CFR 200 (as applicable). Audits of States, Local Governments. and Non -Profit Organizations If this Agreement is closed out prior to the receipt of an audit report the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout http•//www whitehouse og v/omb/circulars/a 133 compliance supplement 2011 Signature page to follow IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Dated: (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DONNA FIALA , CHAIRMAN Big Cypress Housing Corporation (HM13-03) Multi -Family Project 18 for Single Family Rental Housing Construction Amendment #5 Page 8 of 9 �I00 U CL -G C> a Q �i N .LZ Q c T N t N 2, w r_ 0 U r-+ M Packet Pg. 2170 Big Cypress Housing DEVELOPERName and Title Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Big Cypress Housing Corporation (HM13-03) Multi -Family Project 18 for Single Family Rental Housing Construction Amendment#5 Page 9 of 9 16.F.1.b Packet Pg. 2171 Grant ;!°I -03 -M -11 -UC -12-€1017 1 CFDA/CSFAtf - 14.239 DEVELOPER — Big Cypt U311 Housing Corporation (BCHC) DUNS ft - 0647232520 FETI 4 - 65-1067124 FY End 12/31 LMonitoring Deadline 10/20-15 AGREEMENT BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION THIS AGREEMENT is made and entered into this 22nd day of October, 2013. by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or -Grantee'") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER", "Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of the State offlonda, having its principal office at 19308 SW 380'h Street, Florida City, Florida 33034. WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston -Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2013-2014 for the HOME Program oil August 13, 2013 -Agenda Item I IA; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2013-2014 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the DEVELOPER desire to provide the activities specified in this Agreement, in accord with the approved One -Year Action Plan; and WHEREAS, the COUNTY desires to engage the DEVELOPER to implement such undertakings of the HOME Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree as follows: Big Cypress Housing Corporation 0 IM 13-03) M"06-l"Imik Project collsisJfw da MiniML11-1 OfTC11 ( 10) Single Farnil) Rental I fousing COPSMICtiOn Page I of 35 16.F.1. I Packet Pg. 2172 1 SCOPE OF SERVICES The DEVELOPER shall, in it satisfactory and proper mariner and consistent with any standards required as a condition of providing HOME funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: FY2008 - FY2012 Amended Action Plans identified and approved the project 10 Big Cypress Housing Corporation (BCHC): A. Project Component One: Multi -Family Project consisting of a minimum of Ten (10) Single Family Rental Housing Construction at Hatchcr's Preserve located at 3 180 Westclox Street in Immokalee. FL, in Section 30, township 46 South, Range 29 East, Collier County; Eight (8) of the units will be High Rents and two (2) Low Rents and all will be three bedroom units, Two (2) will be designated handicap units. Maximum Per -Unit Subsidv The maximum HOME per-unit subsidy may not be increased above 240 percent of the base .2 limits authorized by §221(d)(3)(ii) of the National Housing Act [12 U.S.C. 17151(d)(3)(iii)]. In M U no case will the County's funding of the Project be less than $1,000 per HOME -assisted unit or more than the maximum per unit subsidy allowed under 24CFR 92,250(a). The maximum subsidy for - 3 bedroom units is $215,282. I As a new construction rental project, the Affordability Period during which DEVELOPER must maintain compliance with all applicable HOME rules shall be twenty (20) years. The Affordability Period will not commence until the Project has met the requirements for Project Completion outlined in 24 CFR 92.2, which will require that construction be complete. all HOME funds have been disbursed by the COUNTY and drawn from the US Treasury. and required completion data has been entered in HUD's IDIS Federal Reporting, System. The COUNTY wilt notify the DEVELOPER of" the actual date of completion and the exact date of M the expiration of the affordability period, which shall be calculated based on the date of completion. The COUNTY will record a covenant running with the land, in form satisfactory < to the COUNTY, that provides a means for enforcement of the affordability restrictions of 24 .2 CFR 92.252. The covenant will be recorded senior to all other financing liens, including the 0 first -position mortgage referenced above, and be enforceable against all successors in interest W M to VOASE. If necessary, the COUNTY may execute an amendment to the Covenant Running with the Land that extends the affordability restrictions of 24 CFR 92.252 to the exact date of UJ expiration of the affordability period. Failure of the project to meet all applicable HOME C14 requirements for the entire Affordability Period will result in a requirement that all HOME (6 funds be repaid by the DEVELOPER to the COUNTY, CN >1 LONG TERM AFFORDABILITY The HOME -assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table, beginning after project completion. The per 2 Big Cypres,. Housing Corporation (11M 13-03) Multi -Family Project consisting of a Minimum d`fm (10) Single family Rental HOLISillg Construction Page 2 of`35 FPacket Pg. 2173 unit amount of HOME funds and the afffirdabii1ty period that they trigger are described snore fully below under Recapture Provisions. Rental housing activity Minimum pvflod of ittlaWability to year. RehatAttalion or acquisition ol ewsliro hoj%inc nor unit amount of HOME fuid. Under S! S000 'St 5,000 to S40,01-10 &40,000 or mhabhtalron,nvol,ng rmnamnp 44e, co -Incl-, ., acquisition of newly conMr.0.1 hou�Stnp 2. Additional Rent Limitations: A rental project with five or more HOME assisted rental units, shall have twenty (20) pet -cent of the HOME assisted units occupied by very low-income families and meet one of the following rent requirements: 1) does not exceed 30 percent of the annual income of a family whose income equals 50 percent of the median income for the areas, as determined by HUD; and 2) The rent does not exceed 30 percent of the families adjusted iusted income. If the unit receives Federal or State project -based rental subsidy and time very low- income I'arnily pays as a contribution toward rent not more than 30 percent of the family's adjusted income, then the maximum rent (i.e. tenant contribution plus project -based rental subsidy) is the rent allowable under the Federal or State project based rental subsidy program; 92.252(b)(1)(2). In accordance with 24 CFR 92.252(b), it requires that projects with Five (5) or more HOME assisted rental units have at least 20% of their units occupied by Very -Low - Income (VLI) 50% of AMI or less. B. Project Component Two: Developer Fee, as specified in Exhibit H Items identified for funding are outlined in the budget in Section 111. Any funds the CHDO carps are permitted to be retained as CHDO proceeds from this project shall be used in compliance with 24 CFR 92.300(a)(2) or as otherwise specified in this Agreement and in accordance with Exhibit U. 11. TIME OF PERFORMANCE Services of the DEVELOPER shall start on the 2217 day of October, 2013 and end on the 31st day of October, 2015. Construction activities shall be completed by 2015 and the affordability period shall cease in 2035. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the DEVELOPER remain.,; in control of HOME funds ol- other HOME assets, including prograin income. Ill. AGREEMENT AMOUNT The COUNTY agrees to make available at least ONE MILLION DOLLARS AND NO CENTS ($1,000,000) HOME Grant for the use by the DEVELOPER during the Term of the Agreement (hereinaller, the albrestated amount including, without limitation, any additional amounts Big Cypress I lousing Colporation (I DO 13-031 Multi -Family Project consisting Ora MilliMUM Of 'I'M ( 10) Single Fanii)y Rcnial I lousing Construction Page 3 of 35 I 16.F.1.b I Packet Pg. 2174] included thereto as a result of a subsequent arnendinent(s) to the Agreement, shall be referred to as the "Funds"). The DEVELOPER shall be reimbursed by the COUNTY using HUD funding for allowable costs, detcn-nined by COUNTY, in all amount not to exceed ONE MILLION DOLLARS AND 00/100 DOLLARS ($1,000,000) unless an additional $144,000 of grant funds is allocated by the Board of County Commissioners in a Substantial Amendment to the County's Action Plan. If so, the SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs. determined by COUNTY, in an amount not to exceed ONE MILLION, ONE HUNDERD FORTY FOUR THOUSAND AND 00/100 DOLLARS ($1,144,000). The budget identified for the Rental Housing Construction Project shall be as follows: L� Line Item Description HOME Funds Proiect Component One: Multi -Family Project consisting of a minimum offen (10) Single Family Rental Housing Construction and associated development costs $ 935,000 *$144.000 *$1,079,000 Project Component Two: Developer Fee $ 65,000 Total Project Expenses: — SF Rental Housing Construction $935,000 *S144,000 Developer Fee $ 65,000 *$1,144�000 *Contingent upon FY 2013-2014 IIUD Allocation and Approval of Action Plan and BCC approval Modifications to the "Budget and Scope" may only be made if approved in advance by the COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10% 1:' and does not signify a change in scope. Fund shifts that exceed 10% between project components shall only be made with board approval. All services specified in Section I. Scope of Services shall be perron-ned by DEVELOPER employees, or shall be put out to competitive bidding tinder a procedure acceptable to the COUNTY and Federal requirements. The DEVELOPER shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the DEVELOPER and monitored by HHVS, which shall have access to all records and documents related to the project, Match Pursuant 24 CFR 92,218 Match is required for HOME funds. The Developer is encouraged to provide match funds when identified as an eligible source , such as contributions to housing activities that qualify as affordable housing under the HOME Program throughout a fiscal year. Contributions that have been or will be counted as satisfying a matching requirement of another Federal grant or award may not count as satisfying the matching contribution requirement for the HOME program. Pursuant to Florida Big Cypress Housing Corporation (1-11M i3-03) Multi -Family Project consisting ol'a Minimum ofTcn'(10) Sing -le Family Rental W E 0 E 0 U ti Housing Construction Page 4 of 35 Packet Pg. 2175 adi-ninistralivc Code 67-37.007 the State Housing Initiatives Partnership Program funds may be used as required match for HOME eligible activities, The County will apply those funds as a source of match to meet the federally required match commitment of'25%. The Count- shall reimburse the DEVELOPER I or the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by H11VS pursuant to the submittal of quarterly progress reports. DEVELOPER may not request disbursement of HOME funds until funds are needed for the payment of eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. However, invoices for work performed are required every month. DEVELOPER 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 DEVELOPER 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 DEVELOPER when requested as work progresses but., not more frequently than once per month. Reimbursement will not occur if DEVELOPER fails to perform the minimum level of service required by this Agreement. I"inal invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed, No payment will be made until approved by TITIVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act. - The following table details the project deliverables and payment schedule: Deliverable Payment and/or Deliverable Submission Schedule for I Supporting Documents j Payment and/or Deliverable —i Project Co"112onclit One: Upon invoicing using Exhibit B will reimburse Payment Request: Monthly Single Family Rental allowable expensesenAIA G702-1992 'forin HOLI-lilIg COnSt"LlUtil-111 11 (attached as Exhibit rnij;vqlpnt document per contractor's Schedule of Values. Supporting documents must be provided as back tip 10% ($100,000)1*($14,400) released upon Certificate of Completion of 10 units, final waiver of hen from general contractor Project ComponentTwo: Upon invoicing using Exhibit B and Developer Developer Fee Fee documentation/as evidenced by i,e. Certificate of Occupancy and signed lease agreement with income qualified chilible tenant. Bi P Cypress I lou,-,ing Corporation MM 13-03) Multi -Family 11roicet consisting of a %I ininium d'Fen'( 10) Siiiglc Family Rental Payment Request: Per occurrence 16.F.1 00 Housing Construction Page 5 of 35 FPacket Pg. 2176] HOME Match Requirement Documentation of devek)pci-activities Deliverable: Quarterly', as 1/2014 Obtain Environmental Clearance identified I —f� Creation and maintenance of NIA Deliverable- Ongoing and income eligibility files on 1 Bid construction contract to be reviewed during, clients served I 7/2014 monitoring Ten households will benefit I N/A Deliverable: Ongoing and from this funding and will be 1/2016 evidenced by lease low- and moderate- income agreement (LMA) persons Eight (8) at High HOME rents and two (2) at Low HOME rents Quarterly Progress Report Exhibit D Deliverable: Quarterly Prool'ol'insurance Insurance certificate Deliverable: Annually within 30 days of renewal Affirmative Plan Documents Deliverable: Within 30 Action/Marketing Plan days of contract execution and as modified HQS Inspections Inspection Forms Deliverable: Annually on or before 11/30 for each rental unit Tenant Leases Signed Leases Deliverable: 30 days prior to occupancy Tenant Participation Plan Plan Document I Deliverable: 60 days prior to leasing Annual Audit Audit Report with Management Letter and Deliverable: 180 days after Exhibit E I end of fiscal year Property Inventory Proof of continued ownership management of 1 Deliverable: 11,'30 annually property Milestone Deadline Update Collier County SDP Platt and SWFWMI) t Drainage Approvals as required 1/2014 Obtain Environmental Clearance 1/2014 Retain Project Architect and Civil Engineer2/2014 Submit far County building Plans & obtain approval 5/2014 Bid construction contract 1 6/2014 Select Contractor- 7/2014 Start construction 9/2014 Construction of 10 units complete E 1012015 units Voccupled 1/2016 Bi2Cyp rr-skHousing, Corporation . (FIN113-03) tylulti-Family Project consisting of a Minimum of Ten ( 10) Single Family Rental I lousing Construction, Page 6 of 35 16.F.I.b E 0 4- E 0 r- 0 CC U �L- M LL: CD 00 Z, Packet Pg. 2177 IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Taniiami Trail, Suite 211 Naples, Florida 34112 ri]..al ho: RosaN4 unozn_d Col I Jergov. net 239-252-57131 DEVELOPER ATTENTION: Steve Kirk, President Big Cypress Housing Corporation P.O. Box 343529 Florida City, FL 33034 mai Ito: mai I tokirknet(_,—a)va hoo. corn 305-242-2142 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from HOME grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing HOME funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, the financial sources necessary to continue to pay the DEVELOPER 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 DEVELOPER 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 DEVELOPER tinder the terms of this Agreement. V1. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. Big Cypress Housing Corporation (f IM 13-03) Mulli-Family Project consisting of a Minimum ofTerl (10) Single Family Rental housing Construction Page 7 of 35 b Y. E 0 0 C 0 IL V) U.) C14 E -6 CU Z� I Packet Pg. 2178 1 B, GENERAL COMPLIANCE The DEVELOPER agrees to comply with the requirements of 24 C -FR Part 92 of FJOME Investment Partnerships Program Grants including subpart 1-1 of these regulations, except that (1) the DEVELOPER does not assume the recipient"s environmental responsibilities described in 24 CFR 93.352 and (2) the DEVELOPER does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Parts 50 and 58. The DEVELOPER also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract, The DEVELOPER further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. HOME FINAL RULE PROVISION: Due to the implementation of the HOME Rules Published on 7-24-13, all new applicable regulations apply and are hereby incorporated by reference. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The DEVELOPER 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 DEVELOPER is an independent contractor. D. AMENDMENTS The COUNTY and/or DEVELOPER 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 DEVELOPER from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and DEVELOPER. Expiration of Agreement: If the DEVELOPER does not complete the project within the time period, the COUNTY Manager or designee may subject to HOME program requirements, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. I" INDEMNIFICATION Big Cypress Housing Corporation (14M 13-03) Multi -Family Project consisting ,ofa Mininitini oh'en (10) Single Family Rental Housing Collsti-lictic)[1 Page 9 of 35 Packet Pg. 21791 To the inaxii-nurn extent permitted by Florida law. the DEVELOPER shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, darriages, 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 DEVELOPER 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 DEVELOPER 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 DEVELOPER shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of' sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination ofthis Agreement. F. GRANTEE RECOGNITION/SPONSORSHIPS The DEVELOPER 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 DEVELOPER for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the DEVELOPER. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.44, this Agreement may also be tenninated for convenience by either the Grantee or the DEVELOPER, in whole or in part. by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be teni-tinated. However, if in the case of a partial ten-nination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Big Cypress I lensing Corporation {HM 3 03) N4L1lti-RM1il%1 Proiect consistinf-, of a Mininiun) ol-Ten (10) Single Family Rontal Homing Constrtiction Page 9 oJ*35 2 CZ E 0 U) E 0 co 0 W cfl 0 C14 C%4 2. ti D I Packet Pg. 2180 1 (A) The following actions or inactions by DEVELOPER shall conslituie a Default Linder this Agreement: I . Failure to comply with any of the rules, regulations or provisions referred to herein, or such Statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time, 2. Failure, for any reason, of the DEVELOPER to fulfill in a timely and proper manner its obligations under this Agreement, 1 Ineffective or improper use of funds provided under this Agreement; or < r- 4. Submission by the DEVELOPER to the Grantee reports that are incorrect or E 0 incomplete in any material respect; E 5. Submission by the DEVELOPER of any false certification, 0 6. Failure to materially comply with any terms of this Agreement; and C: .0 U 7. Failure to materially comply with the terms of any other agreement between the tz County and the DEVELOPER relating to the project. In the event of any default by DEVELOPER Linder this Agreement, the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; co 2. Require the use of or change in professional property management; 3. Require Immediate repayment by DEVFLOPER to the County of all HOME funds DEVIELOPEIZ has rcccived unuderthis Algreement; 79 7 4, Apply sanctions qct forth in 24 CFR 92, if determined by the County to be applicable-. 5. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to DEVELOPER of such termination and specifying the effective date of such termination. If the Agreement is terminated by the Count), as provided herein, DEVELOPER shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. V11. REVERSION OF ASSETS Big CN.press Housing Corporation Multi -family ProJect consisting of a Minimum ol"Fen (10) Single 17aniilN, Rental I iousing Constroction Page 10 of 35 Packet Pg. 2181 In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the DEVELOPER shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of HOME funds per 24 CFR 92.504(2)(vii), The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse DEVELOPER's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Title to equipment acquired by DEVELOPER shall vest with the DEVELOPER, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the DEVELOPER upon acquisition subject to the conditions outlined in 24 CFR 84.35. The County will enforce affordability for the property through deed restrictions upon completion of the project. Recapture Provisions The COUNTY may choose to recapture the entire amount of HOME assistance or a reduced amount on a pro rata basis for the time the DEVELOPER has owned the housing measured against the required affordability period. The net proceeds may be divided proportionally as set forth in the following mathematical formulas: Direct HOME Subsidy X Net proceeds = HOME recapture Direct HOME Subsidy + Developer investment Developer Investment X Net proceeds = amount to Developer HOME Subsidy + Developer investment The COUNTY may permit the DEVELOPER to recover the DEVELOPER'S entire investment (capital improvements made by the DEVELOPER since completion) before recapturing the HOME investment. Any HOME investment recaptured by the COUNTY shall be deposited to the Jurisdiction's HOME account for future use towards eligible activities. VIII. INSURANCE DEVELOPER shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. ' Big Cypress }-lousing Corporation (F1M 13-03) Multi -Family Project consisting of a Minimum of Tcn (10) Single Family Rental lousing Construction Page 11 of 35 16,F.1:b s_ w c a) r E 0 L E w 0 0 U T 00 T U ti ft. iv 0� 2 r 0 CN cci c� c E U R t- PacketPg.2182 16.F.1.b A. EXAMINATION OF RECORDS The DEVELOPER shall maintain 5ufliCiCnt records in accordance with 24 CPR 92.508 to determine compliance with the requirements of this Agreement, the HOME Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING All records required by HOME. 2. DEVELOPER shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the DEVELOPER for the purpose of' this Agreement shall be made available to the COUNTY by the o DEVELOPER. at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect 0r all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. .- 4. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. in any event the DEVELOPER shah retain all documents and records in a readily accessible, permanent location for four (4) years after project completion; provided, however, that records of individual tenant income verifications, project rents and project inspections must be retained for the most recent five year period, until five years after the affordability period terminates. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have commenced before the expiration of the five (5) year period, such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five (5) year period, whichever occurs later. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the DEVELOPER 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 Big Cypress Housing Corporation (l IM 13-03) Multi -Family Project consisting of a Minimum of"Fen (10) Single Family Rental IlcnisingConstruction Page 12 of 35 Packet Pg. 2183 provided to the COUNTY in a format that is compatible with the information technology systems ofthe public agency, 5. The DEVELOPER 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. DEVELOPER shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the DEVELOPER shall maintain records showing compliance with federal purchasing requirements and with other federal requirements lor grant implementation. The DEVELOPER 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 DEVELOPER shall ensure all tenant files comply with income determination as specified in 24 CFR 92.203 and 92.253. The DEVELOPER agrees that HHVS shall be the final arbiter on the DEVELOPER's compliance. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. DEVELOPER shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law, C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, DEVELOPER shall submit quarterly progress reports to the COUNTY on the 15"' day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the DEVELOPER 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 'ID", Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changesb the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, DEVELOPER shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the DEVELOPER's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. C, The DEVELOPER agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, they Big Cypress Housing Corporation ([IM 13-03) Multi -Family Projcct consisting ora Minimum ofTcn ( 10) Single Family Rental Housing Construction Page 13 of 35 I 16.F.1.b I T 1= Q U) E E 0 C: 0 ti .2 co ru (n LID M cci 21 0 U Packet Pg. 2184 may impose a reasonable monitoring charve. Fees are based on average staff time and costs of materials. Ongoing monitoring IcCS May be included in the project underwriting. In addition, the COUNTY shall at a minimum, conduct inspections every two years in accordance with 24 CFR 92.504(d)(i) and HQS inspections shall be completed in accordance with 24 CFR 92.209(i). Also, at the COUNTY's discretion, a desk top review of" the activities may be conducted in lieu of an on-site visit. The continuation or this Agreement is dependent upon satisfactory evaluation.,;. The DEVELOPER shall, upon the request of I-THVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The DEVELOPER shall allow HIM or I IUD to monitor the DEVELOPER on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The DEVELOPER agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing threshold _Dollar Ranke ($) Quotes Under $3K- I Written Quote S3K to $50KWritten Quotes Request for Proposal (RFP) Above $50K Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the DEVELOPER shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit and in compliance with 24 CFR 92,504. G. GRANT CLOSEOUT PROCEDURES DEVELOPER's obligation to the COLNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be Iiinited 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. Any balance of unobtigated funds which have been advanced or paid must be Big Cypress I lousing Corporation ( f I %.I 13 -03) ]Multi -Fancily Project consisting of a Mininiufn orTen (10) Single Faniih, Rental W E E 0 0 U u. Housing Construction Page 14 of 35 Packet Pg. 21851 returned to the County. Any funds paid in excess ol'the amount to which the DEVELOPER is entitled under the terms and conditions of this Ai!reernent must be refunded to the COUNITY. In addition to the records retention outlined in Section IX.B.3, the DEVELOPER shall comply with Section 119,021 Florida Statutes regarding records maintenance, preservation and retention. DEVELOPER shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. The County will record a Mortgage, Deed and Note for each property upon completion of each HOME unit. Developer shall execute any additional documents and provide additional information as may be necessaii, for the County to enter into these additional ClOCUrnents. `11�11-1111111' I . I . A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIkNCE, The DEVELOPER 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 DEVELOPER shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY!WOMEN-OWNED BUSINESS ENTERPRISES The DEVELOPER Nvill use its best efforts to afford small businesses, minority business enterprises, and women's business eiriciprises 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 DEVELOPER may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty-one percent (51%) or the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. if the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall Big C\Iprc,,s housing Corporation (I 1?\413-03) Multi-Faniifv Pro cot consisting of it Minimum ol"Ten 10) Single Fanii ly Rental Horsing ConstrUdioll Page 15 of 35 16.F.I.b CD 0 a M Ch E 0 U) E cl, 0 0 ti cc co co 77� Qi aZ W M ti to C> CIA (6 C14 21 E ti 0 _A Packet Pg. 2186] assist beneficiaries as dei-ined above for the tirric period designated in Exhibit *'D" of this Agreement. In accordance with 24 CPR 92.252(b), requires that projects with five (5) or rnore HOME assisted rental units have at least 20% of their units occupied by Very -Low -Income (VLI) 50% ol'AMI or less. D. AFFIRMATIVE ACTION/MARKETING PLAN (D The DEVELOPER 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 DEVELOPER to assist in the formulation of such program. The DEVELOPER shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The E the affordability period and Affirmative Action/Marketing Plan will need to be updated throughout0 submitted to County within 30 days of update/rnodification. (n E E. CONFLICT OF INTEREST 0 The DEVELOPER covenants that no person under its employ who presently exercises any r_ .0 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 DEVELOPER, The DEVELOPER 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 DEVELOPER. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identify of interest contract will be in the COUNTY's sole discretion. co This provision is not intended to limit DEVELOPER's ability to self manage the project using its own employees. Any possible conflict of interest on the part of the DEVELOPER oi- its employees shall be disclosed in writing to HHVS provided. however, that this paragraph shall be interpreted in such a 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- in conic residents of the project target area. ti X1. CONDITIONS FOR RELIGIOUS ORGANIZATIONS HOME funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section and 24 CFR 92.257. The DEVELOPER shall comply with First Amendment Church/State principles as follows: C14 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 an the basis of religion and will not limit such services or give preference to persons on the basis of E religion L) Big Cypress I lousing Corporation (1 -IM 13-43) Multi -Family Project consisting, of Minimum 01"len (10) Single Fatuity Renta[ I lousing Construction Page 16 of')5 Packet Pg. 2187] c, It will retain its independence from Federal, State and local governments and may continue to carry out its mission. including the definition, practice and expression of its religious beliefs, provided that it does not use direct HOME funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition. construction or rehabilitation DfStl"LlCtUreS 10 the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, HOME funds may not exceed the cost of those portions of the acquisition., construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to HOME funds in this part. Sanctuaries, chapels, or other rooms that a HOME funded religious congregation uses as its principal place ofworship, however, are ineligible for HOME funded improvements. X11. SE VER.A131 LITY Should any provision of the Agreement be determined to be unenforceable or invalid. such a determination shall not affect the validity or enforceability of any other section or part thereof. ' REMAINDER OF PAGE INTENTIONLALLY LEFT BLANK Big Cypress Housing Corporation (I IN413-03) Muld-Fonidy Project consisting ol'a Minimum 41'en (10) Single Family Rental Housing Construction SIGNATURE PAGE TO FOLLOW Page 17 of 35 I 16.F.I.b ] 20 Packet Pg. 2188 IN WITNESS WIIERE OF, the DEVELOPER and the County, have each, respectively, by an authorized person or agent. hereunder set their hands and seals on this day of _ 2013. ATTEST, DWIGHT E. BROCK, CLERK Deputy Clerk Dated: (SEAL) Big Cyprcss, Housing Corporation (HM 13-03) Multi -Family Project consisting of a Minimum of'ren (10) Single Family Rental Mousing Construction BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA n GEORGIA A. HILLER, ESQ., CHAIRWOMAN Big Cypress Housing 0 oration DEVELOPER Narne and Title Approved as to form and legality; Jennifer A. Belpedio Assistant County Attorney Pace 18 of 35 Z� Packet Pg. 2189 16.F.1.b EXHIBIT "A" INSURANCE REQUIRE,MENTS The DEVELOPER shall furnish to Collier County, c/o Housing, Hulnan and Veteran Services Department, 3339 E. Ta>niami Trail, Bids, H 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 Slatutes. 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 I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the DEVELOPER or the licensed design professional employed by the DEVELOPER in an amount not less than 51,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the DEVELOPER and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the DEVELOPER or any person employed by the DEVELOPER 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 I — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the DEVELOPER. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the DEVELOPER 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 Big Cypress blousing Corporation (HM 13-03) multi-FamiI), Pro ect Consisting of Minimum of'Pen (10) Single Family Rental Housing Construction Page 19 of 35 Packet Pg. 2190_ 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: 8. Workers' Compensation as required by Chapter 440, Florida Statutes. 9. Commercial General Liability including products and completed operations insurance N 4 in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County c must be shown as an additional insured with respect to this coverage. o 10. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used w N 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. 2 CZCZ U 11. 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. 12. Flood Insurance coverage for those properties found to be within a flood hazard zone �i for the full replacement values of the structure(s) or the maximum amount of coverage CO available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I,M.A. Big Cypress Housing Corporation (HM 13-03 ) Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction Page 20 of 35 CA Packet Pg. 2191 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: _ Bi., Cypress Housing Corporation (,BCHQ Sub recipient Address: P.O. Box 343529/193008 SRS 3801h Street Florida City, FL 33034 Project Name: Single Family Rental Housing Construction Project No: HM13-03 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNIS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director _ Big Cypress Housing Corporation (HMT 3-03 ) Multi -Family Project consisting of a Minimum ofTen (10) Single Family Rental Housing Construction (approval authority under $14,999) (approval required $15,000 and above) Page 21 of 35 16.F.1.b a� C m m as ch d E 0 W E 0 c 0 M r- r 00 Packet Pg. 2192 EXHIBIT "C" RELEASE ANIS AFFIDAVIT FORINT CONSTRUCTION ONLY 16.F.1.b The DEVELOPER certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1— Waiver or Release of Liens. This Release and Affidavit is given in connection with the DEVELOPER's (monthly/final) Request for Payment. Witness: I:' Print name and title STATE OF COUNTY OF Big Cypress Housing Corporation (BCHC) BY: ITS: President DATE: The foregoing instrument was acknowledged before me this day of 20_, by , as of A Choose Not -For -Profit, or Corporation or Municipality on behalf of Choose Not -For -Profit, Corporation or Municipality . He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: Printed) (AFFIX OFFICIAL SEAL) Big Cypress Housing Corporation (HM 13-03) Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction (Signature) Name: Notary Public, State of: Commission No.: Page 22 of 35 (Legibly C: A Packet Pg. 2193 EXHIBIT "l)" 2UARTERLY PROGRESS REPORT Sub -recipients: Please fill in the following shaded areas of the report Agency Name: Big Cypress Housing Corporation (BCHC) Date; Project Title: Single Family Rental Housing Construction Program Contact: Steve Kirk, President Telephone Number: (305) 242-2142 'REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): Alternate Contact: ❑ 01/31/14 , ❑4130/14 ❑7/31114 17110131/14 ❑ Please take note: Each quarterlv report needs to include cumulative data beQ!nn!nQ from the start of the aareement date of September 24. 2013. Please list the outcome goal(s) from your approved application & sub -recipient agreement and indicate your progress In meatint I those goals since September 24, 2013. A. Outcome Goals: list the outcome goal(s) from your approved application 8 sub recipient agreement. Milestone Completion of Environmental Clearance Submit for County building permits Obtain S -'—n1-1 & MATIAID approvals Obtain County building permits Prepare and solicit for construction contract Approve and award construction contract Start construction Construction of 10 units complete Lease Agreements Complete B. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Big Cypress Housing Corporation JIM 13-03) Multi -Family Pro ect consisting of Minimum of (10) Single Family Rental Housing Construction Page 23 of 35 0 ra U) E 0 0 U- ct 00 77� a. W as V) Q ua C14 E 2� Packet Pg. 2194] 2. 3. Yes If no, er _ r Slnae Qataber 9, 2Q t2, of tlte' rsons'aselstsi};` hovrma'r} ., t a. ...now have new access (continuing) to this service or benefit? b. ...now has improved access to this service or benefit? C. ... now receive a service or benefit that is no longer substandard? TOTAL: 0 a. Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds S Total Other Funds Big Cypress Housing Corporation (14M13-03) Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction Page 24 of 35 HOPWA CDBG ESG HOME Total Entitlement $ Funds - t'A Packet Pg. 2195 16.F.1.b' Name:. Title: Big Cypress I lousing Corporation (HM 13-03) Mufti -Gamily Project consisting, of a Minimum of Ten (10) Single Family Rental Housing Construction Page 25 of 35 Signature: Your typed name here represents your electronic signature Packet Pg. 2196 UARTERLY PROGRESS REPORT S. What Is the total number of UNDUPLICATED clients served this quarter, If applicable? a. Total No. of adult females served: O - (Total No, of females served under 18: iD b. Total No. of adult males served: 0 1' '. Total No, of males served under 18: 0 5' TOTAL: 0 TOTAL: 0 C. Total No, of families served: p ':. ^.-Total No. of female head of household: 0 ?j s. What Is the total number of UNDUPLICATED clients served since October, Na licabte? a. Total number of adult females served. _ 0-:' -`Total number of females served under 18: 0 -' b. Total number of adult males served: 0 _ -Total number of males served under 18: D .. TOTAL: 0 TOTAL: 0 C. Total No. of fam Iiia. served: 0 :., Total No. of female head of household: 0 '. Complete. EITHER question #7 OR 48. Complete question #7 if your program on!y serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question #a if any client In your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND A. r 7. JPRESUMED BENEFICIARY DATA: S. OTHER:BENEF1CtARY DATA., INCOME -RANGE Indicate the total number of UNDUPLfCATBD persons served since October 1 who fall into Indicate the totes number 1 n parsons lP rto each presumed benefit category (the total se n'ed since October 1 who tali Into each Intorno w f o category (the total should equal the total in question 96): should equal the total in question #6) : Report as: Report as: O': �' Abused Children '0 ':Extremely low Income (0-30%) 0 Homeless Person 0 . Low Income (31-50%) 0'1 -.Bettered Spouses '0 ' -.'Moderate Income (51-80%) 0: Persons w/ HIV/AIDS 0 Above Moderate Income (>80%) 0- :-Elderly Persons ,.0.. : ` Veterans 0. ''Chronically/ Mentally ill 0 Physically Disabled Adults 0 `_ Other -Youth TOTAL: 0 TOTAL: 0 9. Ir IRacial&:Ethnlc Data: 1(ifapplicable) " I Please Indicate how many UNDUPLICATED clients served since October fall Into each race category. In addition to each race category, please Indicate how many persons In each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White of whom, how many are Hispanic? Black/African American 0 > 0 of whom, how many are Hispanic? Asian O ,.. 0 ': of whom, how many are Hispanic? American Indian/Alaska Native 0-': '-0. of whom, how many are Hispanic? Native HawallantOther Pacific Islander 0.'- 0 -.; of whom, how many are Hispanic? American Indian/Alaskan Native & White 0> :-0 '; of whom, how many are Hispanic? Black/African American & White 0 - 0- ; of whom, how many are Hispanic? Am. Indian/Alaska Native & Black/African Am. 0:.: 0 of whom, how many are Hispanic? - Other Muitl-racial - (3, 'A of whom, how many are Hispanic? Other, 0 ! 0 of whom, how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name:. Title: Big Cypress I lousing Corporation (HM 13-03) Mufti -Gamily Project consisting, of a Minimum of Ten (10) Single Family Rental Housing Construction Page 25 of 35 Signature: Your typed name here represents your electronic signature Packet Pg. 2196 ANNUAL, AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Nan -Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Big Cypress Housing Corporation (BCHC) Fiscal Year Period Name Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year i Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending 0 as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A-133 audit by . Within ­and 13 30 days of completion of the A-133 audit, we will provide a copy of the audit repos# management letter. We are not subject to the requirements of OMB Circular A-133 because we: o Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above I ci Are a for-profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (It 11"Ul"95 were 11ULUU1 JJIWidtit; WIRAUZIt; C2 1-Upy UI UM Certification Statement I hereby certify that the above information is true and accurate. I Signature 1 Date I Print Name and Title Big Cypress Housing Corporation FIN413-03) Multi-Farni Iv Project consistina, of a Minimum of Ten (10) Single Family Rental I lousing Construction Page 26 of 35 Packet Pg. 2197] I LOCAL AND FEDERAL RITLES, REGULATION5; AND LAWS I. The Fair Housing Act (42 U.S.C. 3601-20) and implementing, regulations at 24 CFR Part 100, Executive Order 11063, as amended by Executive Order 12259 (3 CFR 1958 B1963 Comp., P. 652 and 3 CFR 1980 Comp., P. 307) (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107, and of the Civil Right Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1. 2. Title VI of the Civil Rights Act of 1964 as amended, Title V111 of the Civil Rights Act of 1969 as amended, Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, el. seq 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 4 Executive Order 11246 ("Equal Employment Opportunity"), as arnended 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. 5. Title V11 of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC § 2000e, el. seq. The DEVELOPER will, in all solicitations or advertisements for employees placed by or on behalf of the DEVELOPER, state that it is an Equal Opportunity or Affinnative Action employer. 24 CFR 1351 — 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 DEVELOPER and any of the DEVELOPER's Sub -recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY. the DEVELOPER and any of the DEVI, LOPER's Sub -recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The DEVELOPER certifies, and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The DEVELOPER further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest Big Cypress Housing Corporation (MV 13-03) Multi -Family Project consisting ora Minimum of Ten (10) Single Family Rental Housing Construction Page 27 of 35 16.F.l.b W E E Q 0 r_ 0 rQ co CL rz M-) rz 0 C14 U M 20 A, rj FPacket Pg. 2198 extent feasible Opportunities for training and employ-Iiient be given to low- and very low-income residents of tile 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 DEVELOPER further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the HOME - funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs-, and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction. or other public construction project to business concern.-, that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the HOME -funded project is located; where feasible, priority should be given to business concenis that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very IOW-iDCOMC participants in other HUD programs. The DEVELOPER certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 7. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by, Executive Orders 11375, 11478, 12107 and 12086. 8. Contract Work Hours and Safet), Standards Act, 40 USC 327-3321. 9. Section 504 of the Rehabi iitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 10. The Americans with Disabilities Act of 1990 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of1970, as amended. 12. 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 and HOME. (See 42 USC 276a and 24 CFR 135.11(c)). 13. EXeCUtiVe Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Big Cypress Hou.ging, Corporation (I -IM. 13-f13) Mufti -Family Project consisting of a MinillIL1111 Of Ten (10) Single Family Rental Housing Construction Page 28 of 35 E 0 E 0 C: 0 Cu .2 M LL Co ti CD ZM L 0 (n -0 Q0 C) N (6 CN n E U Packet Pg. 2199 14. 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 CDBG and I -TOME Contracts. 15. The DEVELOPER agrees to comply with the non-discrimination in employment and contrading 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. 16. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 17. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non -Profit Organizations and specified by the following subsections: Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying, for Federal Assistance; Subpart C — Post -Award Requirements, except for. o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to DEVELOPERS; o Section 84,23, Cost Sharing and Matching; • Section 94,24, Program Income — in lieu of 84.24 CDBG and HOME DEVELOPERs shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans. • Section 84,32, Real Property — In lieu of 84.32, CDBG and HOME DEVELOPER'S shall Collow 570,505; o Section 84.34(g), Equipment — In lieu of the disposition provisions of'84.34(g) the following applies: ® In all cases in which equipment is sold, the proceeds shall be program income (pro -rated to reflect the extent to which CDBG or HOME funds were used to acquire the equipment)-. and K Equipment not needed by the DEVELOPER for CDBG or HOME activities shall be transferred to the recipient for the HOME program or shall be retained after compensating the recipient; • Section 84.35, Supplies and other Expendable Property o Section 84.51(b), (c), (d), (e), (0 and (h), Monitoring and Reporting Program Perfon-nance: a Section 84.52, Financial Reporting, o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual or HOME activities shall be four years, and The retention period starts from the date of submission of the performance and evaluation report, as prescribed in 24 CFR 91 Big C% press Housing Corporation (mv, 13-03) Multi -Family Protect consisting of a Minimum ol'Ten (10) Single Family Rental Housing, Construct ion Page 29 of 35 CDBG annual 520, in 16.F.I.b W E 0 E 0 U co 77- I Packet Pg. 2200 1 which the specific activity is reported on for the Final time rather than from the date of submission of the final expenditure report for the award; o Section 94.61, Termination - In lieu of the provisions ol'84,61, CDBG and HOW DEVELOPERS shall comply with 570.503(b)(7); and 0 Subpart D — After -the -Award Requirements— except for 94.71. Closeout Procedures 18. 24 CFR 85 - Uniform Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 19. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the DEVELOPER to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. 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 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 21. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the temis 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. 22. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County. Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. 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 DEVELOPER 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 slatules. Big Cypress Housing Corporation (I I N41.31-03) Mniti-Family- Pre.icct consisting of'ii Minimum ol"I'cii (10) Single Fmil.v Rental I lousing Constniction Page 30 of 35 W E 0 4 (n E 0 C 0 CL CD CD N Packet Pg. 2201] 24, The DEVELOPER agrees to comply with the following requirements, a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as aYnendod. 25. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570,605 Subpart K.), the DEVELOPER 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. 26. The DEVELOPER agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 92.355. Properly standards: The agreement must require the housing to meet the property standards in § 92.251 and the lead-based paint requirements in part 35, subparts A, B, J, K, M and R of this title, upon proiect completion, The agreement must also require owners of rental housing assisted with HOME funds to maintain the housing in compliance with § 92.251 for the duration of the affordability period. 27. The DEVELOPER agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 28. The DEVELOPER must certify that it will provide drug-free workplaces in accordance with the Drug -Free Workplace Act of 1988 (4i USC 7011), 29. The DEVELOPER 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 DEVELOPER 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. 30, The DEVELOPER agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments. and Indian Tribes follow: A-87 for Cost Principles A-102 for Administrative Requirements Dig Cypress Housing Corporation (1-I\413-43) Multi-raniHN, Pro.iect consisting ora Minim= of len (1 10) Single Family Rental Housing Construction Wage 31 of 35 16.F.1.b 2 Packet Pg. 2202 Educational Institutions (even j1!part ofa Stale or local government) follow: • A-21 for Cost Principles • A-I]Oi'oi-Admitiisti-ativcRequii-enients Non -Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 31. Audit,; shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the DEVELOPER's fiscal year, The DEVELOPER shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non - Profit Organizations, If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. Clarification of Eligible Audit Costs The amendment to §92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of'costs perfort-ned by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. 32. Any real property acquired by the DEVELOPER for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of HOME including, but not limited to, the provisions on use and disposition of property. Any real property within the DEVELOPER control, which is acquired or improved in whole or part with CDBG or HOME funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570,505, HOME Regulations 24 CFR 92,353 - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C, 4201-4655) - 49 CFR Part 24. 24 CFR Pail 42 (subpart B) - Section 104(d) "Barney Frank Amendment. 33. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the DEVELOPER 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 29alules. 34. 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. Big Cypress, Housing Corporation (1-im 13-03) Multi -Family Proiect consisting of Minimum oh'en*(10) Single Fanffly Rental FIOI[Sillg COTISIrLiCti011 Page 32 of 35 W 0 E E 0 C: .2 CL .2 V cn 21 E U M 2 Packet Pg. 22031 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 Forth -LLL., "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all DEVELOPERS shall certify and disclose accordingly. 35. Travel relinbutsement will be based on the U.S. General Services Administration (GSA) per them rates in effect at the time of travel, 36. Any rule or regulation determined to be applicable by HUD. 37. Florida Statutes 7131.20, Part 1, Construction Liens. 38. Florida Statutes 119.021 Records Retention. 39, Florida Statutes, 119.071, Conti -acts and Public Records. Big Cypress Housing Corporatism (I IM 13-03) Project consisting ora Minimum ofTen (10) Single Family Rental Housing Construction Page 33 of 35 as to E 0 toE 0 a 0 00 77� U M EL CD to O Cq Co N E CC FRacket Pg. 2204 EX1­I[18rr­G­ CHDO RULES, REGULATIONS, AND LAWS L 24 CFR Part 92.206, HOME Investment Partnerships Program - The regulations governing the disbursement of HOME funds. 2. CHDO PROVISIONS: The COUNTY has certified the DEVELOPER as a CHDO. The DEVELOPER will maintain CHDO (Community Housing Development Organization) status for the term of the PROJECT/AGREEMENT in accordance with 24 CFR 92. DEVELOPER agrees to provide < information as may be requested by the COUNTY to document its continued compliance, E including but not limited to an annual board roster and certification of continued compliance. E0 A CHDO must be separate from and not under the control of a government entity. CD :t 4- CHDO Capacity Requirement 0 C CHDOs must have paid staff with capacity Must demonstrate capacity in the proposed role of the CHDO .0 in order to receive a C14DO (own, develop, or sponsor housing), as defined in The 2013 Rule cc This can be done through: designation • Full-time or part-time staff i • Independent contractors • Consultants, but ONLY during I st year as CHDO Any funds advanced as CHDO pre -development funds must be in compliance with 92.301, and are forgivable only under the terms in 92.301. Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance U with 24 CFR 92.208. I /fIlinrl) 'es as a Coi-finnunity I ousing Development Organization 1he DEVE OPEB. quallf I El L L-) I according to 24 CFR 92.2. As such the DEVELOPER is authorized to retain all of the proceeds generated from his activity as allowed by 24 CFR 92.300(a) (2). Such proceeds are not considered program Income for this project. The project is rental; the DEVELOPER shall create and follow a tenant participation plan as required in 24 CFR 92.303 and submit to the County 60 days prior to occupancy. 3. 24 CFR Part 92 of HOME Investment Partnerships Program Grants including subpart H of these regulations, except that (1) the DEVELOPER does not assume the recipient's environmental responsibilities described in 24 CFR 93.352 Big Cypress dousing Corporation (HM 13-03) Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction Page 34 of 35 Packet Pg. 2205�] EXHIBIT "11" DEVELOPER 1. Developers are program beneficiaries and thus distinct from subrecipients, grantee employees, and contractors. Developers may receive HOME funds from the Grantee. Developer -led rehabilitation is undertaken pursuant to 24 CFR 570.2022(b)(1). New housing construction is undertaken pursuant to 24 CPR 570.204, or as amended. GENERIkL U) 2. Developer shall invest its own funds to complete the development of the properties associated with this agreement thereby assuming risk associated with the project. To compensate Developer for E 0 such risl", and for providing related goods and services, such as, but not necessarily limited to, 4 - eligible buyer identification, construction oversight, and final disposition, Developer shall be paid a E M) Developer fee. 0 AMOUI',,!T .0 3. Grantee shall pay Developer a Six Thousand Five-l-lundred and 00/100 Dollars $6,500) Developer rz fee for each of the ten (10) properties associated with this Agreement. The maximum combined Developer fee paid by Grantee to Developer through this Agreeinent shall be Sixty Five Thousand and 00/100 Dollars ($65.000); this amount represents a cumulative of Developer rees paid Im- each of the. properties associated with this Agreement - Tr METHOD OF PAYMENT 00 Grantee shall pay Developer the Developer fee per property person or household. To secure payment, Developer shall supporting materials in a format acceptable to Grantee: 1. Lease Agreement 2. Certificate of Occupancy 3. Invoice Attestation form to be provided by Grantee Proof of tenant income eligibility Big Cypress Infusing, Corporation 13-03) Muld-Family Project consi.sting ofa Minimum ol Ten ( 10) Single Family Rental Housing Construction Page 35 of 35 upon lease to an income-cligible submit to Grantee the following Packet Pg. 2206 Grant -9 - 4 -10 -UC -12-0217 M -11 -UC -12-0217 NI -12 -UC -12-0217 M -13 -UC -12-0217 CFDAJCSFA9 - 14.239 Subrecipient — Big Cypress Housing Corporation (BCHQ DUNS 4 - 0647232520 IDIS# 455 FE TI # - 65-1067124 FY End 12/31 Monitoriniz Deadline 10/2035 EKIAXI -rA —C�174"Y-r AND BIG CYPRESS HOUSING CORPORATION / �z 4-fA THIS AGREEMENT is made and entered into this ? _,,/ day of 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER", "Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 19308 SW 380u' Street, Florida City, Florida 33034. WHE REAS, on October 22, 2013 the COUNTY entered into an Agreement with the HOME Investment Partnerships (HOME) Program for the a new construction of Multi -Family Project consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve located at 3180 Westclox Street in irranotcalec, Florida. WHEREAS, the Parties desire to amend the Agreement to update budget language, amend project milestones, revise existing Exhibits and to make other modifications to the agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree to amend the Agreement as follows: Words Stru&44wough are deleted; Words Underlined are added Y. Big Cypress Housing Corporation (RN413-03) Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction Amendment #1 Pa—, I of 9 t� E E 0 4 En E 0 C 0 u. 0 - Packet Pg. 2207] 111. AGREEMENT AMOUNT The budget identified for the Rental Housing Construction Project shall be as follows: Line Item Description HOME Funds Project Component One: Multi -Family Project consisting of a minimum of Ten (10) Single Family Rental Housing Construction and associated development costs; including, but not limited to, construction: temporary andpernaanent signage; site maintenance activities; public bid advertisements; architectural fees; protect en,zineerink; $ 935,000 *$144,000 *$1,079,000 closing costs: soil and other construction testing; surveys; plans processin consultant; building permits, certificates o occupancy and inspection fees,- impact and utility connection fees; fair housing advertisements and other marketing materials; subject property general liabilfty insurance during development and builder's risk insurance. Project Component Two: Developer Fee $ 65,000 Total Project Expenses: SF Rental Housing Construction $935,000 *$144,000 Developer Fee $ 55,000 111J44,000 *Contingent upon FY 2013-2014 HUD Allocation and Approval of Action Plan and BCC approval r 1 A R � 1 Val'A Big Cypress Housing Corporation (HM 13-03) Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction Amendment #1 Page 2 of 8 16.F.1.b CA Packet Pg. 2208 Milestone Deadline Environmental Scope Review by County 1/2014 Preliminary ERR review/approved by County 3/2014 Environmental Review Published and NTP Issued 5/2014 Design work complete 5/2014 Land Acquisition 6/2014 Building Plans submitted & Reviewed by County 6/2014 Bid selection made 7/2014 Contract signed/Awarded/NTP issued 8/2014 Construction of 10 units complete 7/2015 Lease Agreements Complete 10/2015 This project milestone has been developed Jointly with the subrecipient and has been approved by all parties The subrecipient is expected to adhere to the target dates A deviation of up to 10% of the number of days for any tasks is considered normal fluctuation for the proiect schedule. Any deviation in excess of this by the subrecipient may result in termination of the agreement with no further obligation on theme. art of the County to make payments for completed or in -progress work. The project milestones may be staff modified only with written approval frorn the Housing Human and Veteran Services Department following a written request with explanation from the subrecipient and such a rop val must be made in advance of the milestone deadline. Project completion date may only be modified by Board apRroval amendment to this Agreement. IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION. Priscilla Doria, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Emailto; PriscillaDoria@Colliergov.net 239-252-5312 Big Cypress Housing Corporation (HM13-03) Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction Amendment #1 Page 3 of 8 16.F.1.b co Packet Pg. 2209 16.F.1.b IN WITI' VNS WNEF-I- O , ih(- Patties have each, respectively, 1)), an authorized person or Ligc'111, herntinder scl their (lauds and ;peals on the date first written above. AT`1"t S`I": BOARD OF COUNTY COMMISSIONERS OF COLLIER � 1 WIC3l4T L. MOCK, C1,17 -RIC COUNTY, FLORIDA ' r By: r- _ _ R ?ty Clerk TOMENNiNG, C�HATR.Iv1AN signature only. � d Dated: 0 ?D (SEAL) T E a Big Cypress Housing Corporation a By:::: 'QVEWPER S'igi atet atet Steve Kirk, President DEVELOPER Name and Title co r - Approved as to form and legality: Jennifer A. Belpedio Assistant County Attoiincy — Q Big C}press kIousing Corporation (HM13-03) Multi -Family }project consisting of a Minimuns of't'en (10) Single Family Renta( Housing Constmction Amendment #I Page 4 of 8 m Q c to T Q N CO N C C. E Packet Pg. 2210 16.F.1.b Exhibit "B" is replaced as follows: EXHIBIT 16B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Big Cypress Housing Corporation (BCHC) Sub recipient Address: P.O. Box 343529/193008 SW 380`h Street, Florida City, FL 33034 Project Name: Single Family Rental Housing; Construction Project No: HM13-03 Payment Request # Dollar Amount Requested: $ Date. Period of Availability: Period for which Agency has incurred indebtedness: through SECTION Iil: STATUS OF FUNDS 1, Grant Amount Awarded 2, Sum of Past Claims Paid on this Account $ 3, Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4, Amount of Previous Unpaid Requests 5. Amount of Today's Request 6, 10% Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Q Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed, Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director 41 (approval authority under $14,999) -' Q (approval required $15,000 and above) E Big Cypress Housing Corporation (HM13-03) Multi -Family Project consisting of a Minimum of Ten (I0) Single Family Rental Housing Construction Amendment#1 Page 5 of 8 0 packet Pg. 2211 16.F.1 b EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub -recipients: Please fill In the following shaded areas of the report Agency Name: Project Title: OW AW� Program r W, MM Contact: 2 ei f,}< es, e f Telephone Number: Date_ - Alternate Contact: "REPORT FOR QUARTER ENDING: (check one ` that applies to the corresponding grant period): ❑ 01131/14 ❑4/30/14 E7131/14 ❑ 1t}/31114 Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of Sept 6•'o 013 October 22. 2413. 1. Big Cypress Housing Corporation (HM13-03) Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction Amendment#1 Page 6 of 8 00� Packet Pg. 2212 16.F.1.b � BONN Yes YesT_x . No If Since�October 22 2013 of the persons assisted how many.... a. ...now have new access (continuing) to this service or benefit? .�` 5 b, ... now has Improved access to this service or benefit? no c, ...now receive a service or benefit that Is no longer substandard? 0: TOTAL: 0 4. 1..,�_...._��__��i_..________�..rr�.ai_—at_r,f ....r.,.�P«..««.«...�sz�9 �� .-. .:'. `�: is :i` r•'` � � '� Section 106 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds Total Other Funds HOPWA CABG ESG HOME $ Total Entitlement $ Funds Big Cypress Housing Corporation (HM13-03) Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction Amendment#i Page 7 of 8 0 OHO Packet Pg. 2213 16.F.1.b EX BIT "D" Ur RTERLY PROGRESS REPORT 5: What Is the Total riurriber of UNDUPLICATED clients served this quarter, if a ficable? a. Total No, of adult females served t Tota! No, of females served under 18: 0 b, Total No. of adult males served: sD_ _:`Total No. of males served under 18: TOTAL: 0 TOTAL: 0 C. Total No, of families served: `0 Total No. of female head of household: S. lWhatisthe total numberof UNDUPLICATED clients seared since October, if applicable? a. Total number of adult females served Total number of females served under 18; N' D� b. Total number of adult males served.,s , Q Notal number of males served under 18: D TOTAL: 0 TOTAL: 0 My C. Total No. of families served: Yj0sTotal No, of female head of household: M _Complete EITHER question #7 OR #8. Complete question 07 If your program only serves eflents in one or more of the listed HUD Presumed Benefit categories. Complete question 98 if any client in your program does not fall Into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. rR B OTHEENEFY' ICIARDATA. INCOME -,RANG ARY DATA. 7. ARESUMED BENEFICIB. Indlcate the total number of UNQUP1 ICA rFn parsons served since October 1 who fall Into served the total obernumb1 w dell I to each persons each presumed benefit category (the total served since October 1 who fall tato each income should equal the total in question #6) : category (the falai should equal the fofaf !rr quesffon #6) Report as: Reportes: Abused Children Homeless Person Battered Spouses Persons wl HV/AIDS Elderly Persons Chronicallyl Mentally ill Physically Disabled Adults Other -Youth ' � sa Extremely low income (0-30%) D� Low Income (31-50%) T t?T,-Moderate Income (51-80%) RZ Above Moderate Income (>80Qk) TOTAL: 0 TOTAL: 0 9. Racial & Etti'nic Data:. iia 1[csble Please Indicate how many UNDUPLICATED clients served since October fail Into each race category. In addition to each race category, please Indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell), RACE ETHNICITY �� White pati BlacidAfrican American ` 0 Aslan( American Indlan/Alaska Native, Native Hawaiian/Other Pacific Islanders American Indian/Maskan Native & Whited a Black/African American & White _ Am. IndlaNAlasks Native & BlacklAfrican Am.l Other Multi -racial...> ad F.1 Other0 TOTAL: 0 of whom, how many are Hispanic? M - 0% ; of whom, how many are Hispanic? O'Gof whom, how many are Hispanic? N10, of whom, how many are Hispanic? 0 ; of whom, how many are Hispanic? ; of wham, how many are Hispanic? W D • ; of whom, how many are Hispanic7 of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? 0 TOTAL HISPANIC Name; Signature: — our typed name here represents your electronic 716e; signature Big Cypress Housing Corporation (I-IMI3-03) Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction Amendment #I Page 8 of 8 Packet Pg. 2214 16.F.l.b I Grant 9 - M -08 -UC -12-021.7 NJ -09 -UC -12-0217 M -10 -UC -12-0217 M -11 -UC -12-0217 M -12 -UC -12-0217 L M -13 -UC -12-0217 CFDA/CSFAff - 14.239 Subrecipient — Big Cypress Housing Corporation (BCHC) DUNS # - 0647232520 IDIS# 455 FT�Tll FEID 4 - 65-1067124 FY End 12131 Monitoring, Deadline 10/2035 0412036 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION W. THIS AGREEMENT is made and entered into this 1� day of&4�, 2tO14, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER", "Big Cypress Housing Corporation" a private not-for-profit corporation existing Linder the laws of the State of Florida, having its principal office at 19308 SW 380th Street, Florida City, Florida 33034. RECITALS WHEREAS, an October 22, 2013 the COUNTY entered into an Agreement with the HOME Investment Partnerships (HOME) Program for the a new construction of Multi -Family Project consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve located at 3180 Westelox Street in Immokalee, Florida. WHEREAS, on May 13, 2014, Item 161313, the COUNTY approved the first amendment to this agreement; and WHEREAS, the Parties desire to amend the Agreement to extend the end date and, amend project milestones. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree to amend the Agreement as follows: Words .1-1-& 11- -a---- 1- are deleted; Words Underlined are added Big Cypress Housing Corporation (HM 13-03) Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction Amendment #2 Pagel of L E 0 0 .2 00 cvl� Packet Pg. 2215] 11. TIME OF PERFORMANCE Services of the DEVELOPER shall start on the 22 d day of October, 2013 and end on the 3 -st Oeteler-s 2015 30th day of April, 2016. Construction activities shall be completed by 23415 2016 and the affordability period shall cease in 20366. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the DEVELOPER remains in control of HOME funds or other HOME assets, including program income 111. AGREEMENT AMOUNT Milestone Anticipated Deadline Environmental Scope Review by County 4-10/2014 Preliminary ERR review/approved by County 3Q4410/2014 Environmental Review Published and NTP Issued 54-204411/2014 Design work complete X0.142/2015 Land Acquisition 64044--10/2014 Building Plans submitted & Reviewed by County 6410/2014 Bid selection made 7/204412/2014 Contract signed/Awarded/NTP issued $40441/2015 Construction of 10 units complete 74G441/2016 Lease Agreements Complete 4424475-4/2016 This project milestone has been developed jointly with the subrecipient and has been approved by all parties. The subrecipient is expected to adhere to the target dates. A deviation of 60 days for any tasks is considered normal fluctuation for the project schedule. Any deviation in excess of this by the subrecipient may result in termination of the agreement with no further obligation on the part of the County to make payments for completed or in -progress work. The project milestones may be staff modified only with written approval from the Housing, Human and Veteran Services Department, following a written request with explanation from the subrecipient, and such approval must be made in a�1[ aI?Ce n f thnr mdr-clnnP de4r�11ine Prninet e^.,,,,let.Cn date rnarr �n1., 1 n .rndi ie lair Board a r val J ".N J , .,. „u , pp amendment to this Agreement. Big Cypress Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction Amendment #2 Page 2 of 3 16.F,1.b` C-11 __ �_ Packet Pg. 2216 IN WITNESS WHE4'V017. the PiMit=t hovc- erich, resp .wc-6vf-J,,-, by am rIiilhorizcd Pefson of agent, hereundcr set the it haii& mid 5cals, on the oair first %vriti�m above, ATTEST: DWIGHT E. BROCK, CL.FY1., V Attest a&t&'' sipatgt W '-7 Dated:— I – b , w (SE A L) BOAkD OF COLI -41" IIC COUTNTY, IOVDAjr By: cl- mMISSIONERS OF COLLIER Ilk Big ('Yl)l'eSS 140 Usi ngXotporat ion By: (DEV F: L(0)PI; SigAEtture Steve Kirk, President DEVELOPER Name and Title Approved as to form and legality Assi'l tit County An Big Cypress I hitising Corpointion (IiN413-03) tAtmi-Fam.4 flroitct consistitit, of n mmilmim of-1-cil 0U) Siligiz: rnmily Rental I loushig Cotistruc:ioii Amendment �-- Pmzt J c)f'3 Packet Pg. 2217 11 -Its -06-1 jC7-'e �-(121 7 1041(0. UC- 12-0217 Ail- I 0 -UC-, 12-0217 M -11 -UC -12-0217 M -12 -UC -,12-0217 lklf-13-UC-12-0217 Al -J4 -,UC -12-0217 CFDA/CSFA9 - 14,239 Subrecipient — Big Cypress Housing Corporation (BC14C) DUNS # - 0647232520 IDIS9 455 FEJ 1) N - 65-106'7124 FY End 12131 Monitoring Deadline 0406/2036 TH110) AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION THIS AGREEIIIENT is made and entered into this day of 2015, by and between Colliel• Count)', a political subdivision of the State of Florida, ("COUNTY" or "Grantee"') having its principal address as 3339 E. Tarniami Trail, Naples FL 34112, and the "D EV ELOPER", "Big Cypress Housing Corporation" a private not-for-profit coipoi-ation existing under the laws of the State of Florida, having its principal office at 19309 SW 3PO"' Sti-ect, Florida City, Florida 33034. RECITALS WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using IiOmE Investment Partnerships (HOME) Program funds for the a new construction of Multi -Family Project consisting of a minimum of ten (10) single family rental housing construction at Hatchef-'s Preserve located at 3180 Westclox Street in hrunokalee, Florida. WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to the Agreeinent; and WHEREAS, on September 9, 2014, Item 16D12, the COUNTY approved the second amendment to the Agi-eemcnt; and Big Cypress Housing Corporation (I I Ivl 13-03) Mu If i -Family 11ro'iect for Single Family Rental I lousing Construction Amendment 10 Page I of 10 16.F.l.b CD a) (D LA: co (D CL C14 cx� 04 E U ti Packet Pg. 2218 WHEREAS, the Parties desire to amend the Agreement to expand the scope of sorvices and increase the funding amount, NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree to amend the Agreement as follows: Words Strueli 't•t,.,....,.1, are deleted; Words Underlined are added 1. SCOPE OF SERVICES A. Proiect Component One; Multi -Family Project consisting of a minimum of Ten -(W) Eighteen 1( ) Single Family Rental Housing Construction at Hatcher's Preserve located at 3180 Westclox Street in L=okalee, FL, in Section 30, township 46 South, Range 29 East, Collier County; Eight (8) Fourteen (14) of the units will be High Rents and twe (2) Four 4 Low Rents and all will be three bedroom units. Two (2) will be designated handicap units. II. TIME OF PERFORMANCE V erviVeJ of the DE V, 1.'ikVPEl�. uiiali utari un tiie ��u.:y �f O�tv by r, ��i3 and end Cn VA - 30th day of A-pM June, 2016. Construction activities shall be completed by 2016 and the affordability period shall cease in 2036. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the DEVELOPER remains in control of HOME funds or other HOME assets, including program income. II. AGREEMENT AMOUNT The COUNTY agrees to make available at least ONE tv I r ION tier r A v c AND NO GENTS S ONE MILLION SEVEN HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED Big Cypress Housing Corporation (HM 13-03) Multi -Family Project eens4st{ ,9-0 A4i t�(10) for Single Family Rental Housing Construction Amendment #3 Page 2 of 10 16.F.1.b V. Packet Pg. 2219 TWENTY SIX DOLLARS AND FORTY CENTS ($1.763.526.40) o_f HOME Grant funds for the use by the DEVELOPER during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"), The DEVELOPER shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed�,,ONE MILLION SEVEN HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED TWENTY SIX DOLLARS AND FORTY CENTS ($1,763,526.40) "'less an ^''t"t't'^ Int $144,000 of grant funds : alle a by the Beai-d of uRty Commissioners in a'QiiIIJ[[IZZII'RL 7 I7IIeII',TTiZ'e7lt—Lo [ie if e, the FOUR THOUSAND OiP gall 00 DOLLARS ] (/' The budget identified for the Rental Housing Construction Project shall be as follows: Line Item Description HOME Funds Project Component One: Multi -Family Project consisting of $ a�9 a minimum of Teif4-0) Eighteen (18) Single Family Rental *$144,080 Housing Construction and associated development costs; V'07 n nnn including, but not limited to, construction; temporary and 7� permanent signage; site maintenance activities; public bid $1,698,523.40 advertisements; architectural fees; project engineering; closing costs; soil and other construction testing; surveys; plans processing consultant; building permits, certificates of occupancy and inspection fees; impact and utility connection fees; fair housing advertisements and other marketing materials; subject, property general liability insurance during development and Builder's risk insurance. Project Component Two: Developer Fee $ 65,000.00 Total Project Ex enses: *$1,7 3 526.40 �tiVlY PeN'ejapef Fee jl7fiV *$1,144,M "Contingent upon Approval of HUD Substantial Amendment to the Action Plan and BCC approval Big Cypress Housing Corporation (HM 13-03) Multi -Family Project t;onsist{ e€Ei Miaimui"f-Ten44-9) for Single Family Rental Housing Construction Amendment 0 Page 3 of 10 16.F.1.b 00 T_ Packet Pg. 2220 The following table details the project deliverables and payment schedule; Deliverable Payment and/or Deliverable Supporting Documents Submission Schedule for Payment and/or Deliverable Project Component One: Upon invoicing using Exhibit B will reimburse Payment Request: Monthly Single Family Rental allowable expenses on AIA G702-1992 form Design work complete Housing Construction (attached as Exhibit "G") or equivalent 4L2444 12/2014 Building Plans submitted & Reviewed by County document per contractor's Schedule of Values. Supporting documents must be provided as back up 10% of total HOME funds expended released upon Certificate of Completion of 4-9 18 units, final waiver of lien from general contractor Teft Eighteen- households will benefit from this funding and will be low- and moderate- income (LMA) persons Eig Fourteen (14) at High HOME rents and twve Q-) Four (4) at Low HOME rents with two (2) of the eighteen.( 18) homes 'A Deliverable: Ongoing and evidenced by lease agreement Milestone Antici ated Deadline j Environmental Scope Review by County 10/2014 Environmental approved by Csunt-y HUD 10944 12/2014 Environmental Review Published and NTP Issued 11/2014 Design work complete 2/2015 Land Acquisition 4L2444 12/2014 Building Plans submitted & Reviewed by County 444414 0 1/2 015 Big Cypress Housing Corporation (HM 13-03) Multi -Family Project eens a4a-mi;iimain afTe %t8j for Single Family Rental Housing Construction Amendment 83 Page 4 of 10 16.F.1.b Packet Pg. 2221 Bid selection made 44/20-4 03/2015 Contract signed/Awarded/NTP issued 442-015 05/2015 Construction complete or Pending certificate of 10/15/2015 occupancy for one of the eighteen units -failure to accomplish this task may result in the subrecipient being required to repay $371,260.57 of CDBG/DRI funds that were previously invested in the ro'eci Construction of N all 18 units complete X8-1-6 06/2016 Lease afreement complete for one of the eighteen 10/15/2015 units Lease Agreements Complete for the remaining seventeen units 4/2016 06/2016 IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial cow-ier, or personal delivery or sent by facsimile or other electronic means, Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ��rT48M #Ase -illy neFie' n,.aRt rv,,,,,. in , ATTENTION: Lisa Oie_n, Grant Coordinator 3339 E Tamiami Trait, Suite 211 Naples, Florida 34112 Email to: LisaOien@Colliergov.net 5312. 239-252-6141 Signature page to follow Big Cypress !-lousing Corporation (HM 13-03) Multi -Family Project consisting of Minimum ..o•re„ nnj for Single Family Rental Housing Construction Amendment 93 Page 5 of 10 16.F.1.b a c Q a �a c a� N .Q E 0 L M E N-. 0 C U w r ti r - Packet Pg. 2222 FN WITNESS W11E, REOP, the- Pailie,,. (jjv(� each, respepti vely, by an authorized I)Crson or agent, hereunder set their 17ands and seals on the date fii-st wiittf-,n above. 0) ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E, 13R9,CK, CLEC COUNTY, FLORIDA 1 &ley: a Deputy Clerk TIM NANCE, CHAJR-MAN < E 0 Dated: L E Alie,Til,;N Only, Big Cypress Housing CorpuraLion 0 U BY: DEVELOPER Signature Sten-KfAc, President U - DEVELOPER Name and Title Approved in absentia per Resolution 00 7- No, 2000-149 on August 11, 2015 U BY: Leo E. Ochs, Jr, County 1v anager Approved as to form and legality: CL Jemifer—A. Belpedlo Assistant County Attoney' r 0 V) Big Cypress Housing Corporation (M413-03) Multi-Famil), Project for Single Family Rcntal Housing Construction Amendment 43 Page 6 of 10 FPacket Pg. 2223 EXHIBIT "Ii" QUARTERLY PROGRESS RE' PORT Sub -recipients: Please fill in the following shaded areas of the report Agency Name: Big Cypress Housing Corporation (BCHC) Project Title: Single Family Rental Housing Construction Program Contact: Steve Kirk, President Telephone Number: (305) 242-2142 Date: Alternate Contact: Activity Reporting Period Report Due Date October 1t -December 31" January 1 o`" January 31 - March 31 ° April 10" April t" - June 30" July loll July V'- September 30th October 10th *RF=PQ T- tNGHshesk-ene4hat-app1Iesto the sorfespe,ndtng- grant perjod}: _Q -=4A4 94130/44 d E-4013444 Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of September 24, 2013. 1. Please list the outcome goal(s) from your approved application & sub -recipient agreement and indicate your progress In meeting those goals since September 24, 2013. A. Outcome Goals: list the outcome goal(s) from your approved application & sub -recipient agreement Big Cypress Housing Corporation (HM 13-03) Multi -Family Project eers'tstitag-(af�hn M ^`To^ 1O1 for Single Family Rental Housing Construction Amendment #3 Page 7 of 10 16.F.1.b Packet Pg. 2224' B. Gail P",!, I,: I I I pm --a :: rr _ ^r.: _ pec'•...::. me _m1 1. 3. It We pirpct at;il N COmt)IL9nw 41Ith 1h artgin9l w0jabt 9L"00107 ffmNa thah 27nantbbbMind aCbaChla. Met aabma a hrN iLT41ma 101 app oval. Y• Se ❑ If =e. v O a; a ..c�-7G•Y t<_;^ a:een (cav;izii Yt umu wniee aieseta? b. Hmrac*5accen15I-h ,d:exxs.W c. w�uceiYem�ceMbezk. tint is w1-gas:brl:Ald.` Q C L2_r FetarlS F� CIDW E35 FCL%i Totx1 tbri�emens 'raP.el O�berP�dy tD.i�? F'rmds Sp4J Big Cypress Housing Corporation (HM 13-03) Multi -Family Project. isosting ^tom" sa"" ^ins erte for Single Family Rental Housing Construction Amendment 83 Page 8 of 10 16.F.1.b Packet Pg.'2225 r lV hsl tt ilte falLM nDmbet ar UIJOUPLICATED n, mnlc con'rd Ihlc Q-A., Ir.o rfUnt n4 r e Te•-' 11-> d'_t...5 se" �c T.,•. Vis, 7-!-I '-eta r.. d. Whet It the tDthl JIUMW of UIIDUPLICATED anetltc toned rA-s ODfab.T. It aPW1DMNe1 D. Tc _' Via. cf 7='a :-.x. Tc -k Y, [f 6.c_ '.cd c( bc-,. Ssld Carrav J 1,`.•b T.-ava:? H -:E•. no y"O'T COM PLETE ECT H Ol:EST IOti ) I XM 8_ PnIUMED tUERVARV DATA; a. 4TNEF Oi ttE PiCY.4 R'i VATA: IN'LOkln FR3:Gc ixdiac u: tab) nrak.ayj_-[\• r•eryCtn ]dica t: ae trtr1 •a)x •f I:\'DF7=lJCt1'LD rea rsa )�_�au vaad aEa,r_ tsatta l nbo St7) nm of t -rd a c O�k.:.r t 11a 117 6U .6- in.ra.nr —ta13. vn)nfe•.:d:a u•r gtnels lc 1-.1qcs,__., kv:a d :3ilSrtD nomth" N f.. arta r4 5p -ol ?-mns _. MV AID: Eider); )genes 4`e:eex ns ?rnicaliv r,!,bkd ,&Im C�.zerl' D•�:5 Bx.: nety Jr ]xame {G•.i9°;`; S�eSerax )c;ca3e f.l•S9°k� h°oce \:e frmtc Ia-ove f>•'�3:.6} TOTA..L 0 7'07AI.: 4 f. Rao151 b Ethn)D Ddfn: (M aDDII^.db)w` D7aaar i -11 -Ac ho,. many t'�U C7•Ll C.a 11'EL limb am•ed aancr Oetc bxr Fall irate c -a ch raK ofs);o n'. In addition tr rack eatcga , 0- indJ eats Iw,r many yerxona in cash roto catcga au.ed=r i7.u.o. alto H:egame t7at+J A.o rc solemn ebuull ogoal the to m7 ed)}- 0.,t['.E ITRN'J CI T V ..•,not 2di, :.�� �=�..< n F S:i,=.e, cf .� e tr?� a:,xx� ,_.> s a•h._ w -w _ >:< >�..,•ra rr ,..z. him i..a� : -• c .c Y:r�'.xSca .�-. ntie<•[ c.,r ay = t:-i� w. cf tebk; {f Trac Hiirty: {5 Big Cypress Housing Corporation (HM13-03) Multi-Family Project sexsistite fot Single Family Rental Housing Construction Amendment 03 Page 9 of 10 16.F.1.b N L:I JY t6 C N N Q C E O N E Q) v- 0 C O' M U N� Lf. u: T CO r m'. U n ' cu 'G Q7 Q tE CiJ N to r N EQ N 7. O 7 C tJ E U cc Packet Pg. 2226 16.F.1.b L' XH[BI fl "H" Hi N vI C DEVELOPER a� a� 2 Developers are program beneficiaries and thus distinct from subrecipients, grantee employees, and contractors. Developers may receive HOME funds from the Grantee. Developer -led rehabilitation is undertaken pursuant to 24 CFR 570.202(b)(1). New housing construction is undertaken pursuant to 24 CFR 570.204, or as amended. Q c Fee E 0 L GENERAL lv ■ Developer shall invest its own funds to complete the development of the properties associated with this agreement thereby assuming risk associated with the project. To compensate Developer for 0 such risk, and for providing related goods and services, such as, but not necessarily limited to, o eligible buyer identification, construction oversight, and final disposition, Developer shall be paid a u Developer fee. AMOUNT LL p Grantee shall pay Developer a Sim T d Five Hundred and 00400 ri ll S $6m cnSixty Five r Thousand 00/100 Dollar ($65,000) Developer fee for easy e€the ten{ 0 eighteen (1$) properties associated with this Agreement. The nia*nnu eambineneyeb co D-10 is Agreement shall be Sixt�, Five T-ligiasang and 00,1100 Dollars ($65-,000); a� tThis amount represents a cumulative of Developer fees paid for each of the properties associated with this Agreement, _ METHOD OF PAYMENT Grantee shall pay Developer the Developer fee per property upon lease to an income -eligible person or household. To secure payment, Developer shall submit to Grantee the following supporting materials in a format acceptable to Grantee: o Lease Agreement o Certificate of Occupancy 0 Invoice o Attestation form to be provided by Grantee o Proof of tenant income eligibility Big Cypress Housing Corporation (HM 13-03) Multi -Family Project consisting of aA4 8€-Toi - -G) for Single Family Rental Housing Construction Amendment 93 Page 10 of 10 Packet Pg. 2227 1 6.F.1.b Grant # - M -06 -UC -12-0217 M -08 -UC -12-0217 M -09 -UC -12-0217 M -10 -UC -12-0217 M -11 -UC -12-0217 M -12 -UC -12-0217 M -13 -UC -12-0217 M -14 -UC -12-0217 M -15 -UC -12-0217 CFDA/CSFA# - 14.239 Subrecipient — Big Cypress Housing Corporation BCHC DUNS # - 0647232520 IDIS# 455 FEID # - 65-1067124 FY End 12/31 Monitoring Deadline 06/2036 FOURTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION THIS AGREEMENT is made and entered into this day of 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 the "DEVELOPED", "Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 19308 SW 380th Street, Florida City, Florida 33034. RECITALS WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME Investment Partnerships (HOME) Program funds for the a new construction of Multi -Family Project consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve located at 3180 Westclox Street in Immokalee, Florida. WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to this Agreement; and WHEREAS, on September 9, 2014, Item 16D 1 ; the COUNTY approved the second Big Cypress Housing Corporation (HM13-03) Multi -Family Project IS for Single Family Rental Housing Construction Amendment #4 Page 1 of 5 Packet Pg. 2225 16.F.1.b amendment to this Agreement; and WHEREAS, on September 8; 2015, Item 16D2, the COUNTY approved the third amendment to this Agreement; and WHEREAS, the Parties desire to amend the Agreement to increase the funding amount, revise milestones and clarify language allowing use of funds for all homes from date of the execution of Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree to amend the Agreement as follows: Words Strueli Thio„ k are deleted; Words Underlined are added H. TIME OF PERFORMANCE Services of the DEVELOPER shall start on the 22nd day of October, 2013 and end on the 34th day of junL, 2016 October, 2016. Construction activities shall be completed by 2016 and the affordability period shall cease in 2036. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the DEVELOPER remains in control of HOME funds or other HOME assets, including program income. 10, AGREEMENT AMOUNT The COUNTY agrees to make available at ($1,763,52640) TWO MILLION ONE HUNDRED SIXTY FOUR THOUSAND SEVEN HUNDRED FIFTY FIVE DOLLARS AND FORTY CENTS ($2,164,755.40) of HOME Grant funds for the use by the DEVELOPER during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). The DEVELOPER shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to Big Cypress Housing Corporation (HM13-03) Multi -Family Project 18 for Single Family Rental Housing Construction Amendment 44 Page 2 of 5 Packet Pg. 2229 exceed ONE MILLION ION CEVEN IVJN RED SIXTY THRET', THOUSAND FIVE HUNDRED TWENTY SIX DOLLARS AND IFO TV GENTS ($1,763,526.40). TWO MILLION ONE HUNDRED SIXTY FOUR THOUSAND SEVEN HUNDRED FIFTY FIVE DOLLARS AND FORTY CENTS ($2,164,755.40) The budget identified for the Rental Housing Construction Project shall be as follows: Line Item Description HOME Funds Project Component One: Multi -Family Project $1,699,526.40 consisting of a minimum of Eighteen (18)Single $2,099,755.40 Family Rental Housing Construction and associated development costs; including, but not limited to, construction; temporary and permanent signage; site maintenance activities; public bid advertisements; architectural fees; project engineering; closing costs; soil and other construction testing; surveys; plans processing consultant; building permits, certificates of occupancy and inspection fees; impact and utility connection fees; fair housing advertisements and other marketing materials; subject property general liability insurance during development and builder's risk insurance, impact fees and other related construction/development fees. Project Component Two: Developer Fee $ 65,000.00 Total Project Expenses: I *$11763 526.40 t m� 1 nc� n aG�1V'i,l�7.4V *Contingent upon Approval of HUD Substantial Amendment to the Action Plan and BCC approval * * * The following table details the project deliverables and payment schedule: Milestone Anticipated Deadline Environmental Scope Review by County 10/2014 Big Cypress Housing Corporation (HM 13-03) Multi -Family Project 18 for Single Family Rental Housing Construction Amendment #4 Page 3 of 5 16.F.1.b Packet Pg. 2230 Environmental approved by HUD i 12/2014 Environmental Review Published and NTP Issued 1 11/2014 Design work complete 2/2015 Land Acquisition 12/2014 Building Plans submitted & Reviewed by County 01/2015 Bid selection made 03/2015 Contract signed/Awarded/NTP issued 05/2015 Construction complete or near completion for one of the eighteen units -failure to accomplish this task may result in the subrecipient being required to repay $371,260.57 of CDBG/DRI funds that were previously invested in the project 1045/15 12/15/2015 Construction of all 18 units complete 06/2016 Lease agreement complete for one of the eighteen units 10/12015 12/15/2015 Lease Agreements Complete for the remaining seventeen units 09/2016 IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Lisa Oien Grant Coar-dinatef Jody Paley, Grant Coordinator 3339 E Tainiami Trail, Suite 211 Naples, Florida 34112 Email to: T=isaeien@ee11ier-gev.net JodyPaleygColliergov. net 239 -252 614 239-252-2903 Signature page to follow Big Cypress Housing Corporation (HM13-03) Multi -Family Project 18 for Single Family Rental Housing Construction Amendment #4 Page 4 of 5 16.F.1.b a� Q E 0 2 E m 0 c 0 ti U Y r co r Packet Pg. 2231 ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHTt BF#F CLERK COUNTY TDA . CD t aS { Jerk TIM NANCE, CHAIRMAN 0 siqn ature' ' Y� a Dated: �� S (SEAL) o E Big Cypress Housing Corp ation °3 r 0 By. 0 DEV 0 igna e U »_ Steve Kirk, President r DEVELOPER Name and Title u; Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney CDC Y) Big Cypress Housing Corporation (HM 13-03) Multi -Family Project 18 for Single Family Rental Housing Construction Amendment #4 Page 5 of 5 r Packet Pg. 2232 16.F.1.b 07/26/2016 EXECUTIVE SUMMARY Recommendation to provide after -the -fact approval approve the submittal of an amended grant application for the EDA - Investments for Public Works and Economic Development Facilities to the Economic Department Administration (EDA) for the Immokalee Culinary and Agribusiness Accelerator. OBJECTIVE: To receive after -the -fact approval from the Board of County Commissioners to submit a revised EDA grant application to fund equipment for the Immokalee Culinary and Agribusiness Accelerator (Immokalee Accelerator). CONSIDERATIONS: On September 10, 2013, Agenda Item II.C., the BCC approved the Office of Business & Economic Development's FY14 Business Plan including a goal of developing a Business Accelerator program. Policy direction from the November 26, 2013 and December 10, 2013 BCC meetings culminated in the May 13, 2014 approval of the Collier County Innovation Accelerator Business Plan including authorizing its implementation. A critical component of the accelerator development process was obtaining a $2,500,000 State of Florida Collier County Soft Landing Accelerator Grant to develop a soft landing accelerator project. Only about $740,000 of the original appropriation was able to be spent on the Accelerator project part of which was used to pay for the hnmokalee Accelerator design. An additional State appropriation was obtained by Economic Incubators, Inc. in the amount of $2,000,000, FY 2017, for the accelerator project (the appropriation includes $250,000 for FGCU programs). The Immokalee Accelerator will offer an agribusiness focused culinary food accelerator equipped with commercial kitchen equipment, food product development and testing equipment, and cold food storage, meeting all FDA, USDA and state applicable requirements. A highly valuable function of the Immokalee Accelerator is the dedication of laboratory space for the University of Florida staffed and operated food science research, development and testing facility. The EDA Grant was intended to leverage the State appropriation for the purchase of equipment for the Immokalee Culinary Accelerator. On May 24, 2016 the Board approved the original submittal of the EDA application in the amount of $800,000. Since this submission, the Immokalee area was awarded designation as a Promise Zone by the federal government. The combination of programmatic need and the Promise Zone designation was the basis for the EDA to suggest that the EDA grant budget be increased from $800,000 to $1,500,000. The EDA program requires a 50% match. Collier County CMA #5330 authorizes the County Manager to approval the submittal of grant applications with subsequent Board of County Commissioners action at the next available Board meeting to ratify the approval as "after -the -fact." The County Manager approved the revised grant application on July 26, 2016. zn Packet Pg. 2233 16F.1.b 07/26/2016 Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT% The new EDA grant request totals $3,000,000 including a 50% match requirement or $1,500,000. The County will be requesting that State funding to Economic Incubators Inc. in the amount of $1,500,000 be utilized as the local match in support of the EDA program. The local match will come from Economic Incubators Inc.'s FY2017 State m Appropriation. Should the local match not meet the grant criteria, the grant will be revised to comply with the local match amount. Q c GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the E Economic Element of the Collier County Growth Management Plan which states: "Collier County will support programs which are designed to promote and encourage the recruitment of E new industry as well as the expansion and retention of existing industries in order to diversify a; the County's economic base." o C: 0 LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues, and requires majority vote for approval. -JAK RECOMMENDATION: To approve the submittal of an amended budget and application for the EDA - Investments for Public Works and Economic Development Facilities grant application to the Economic Department Administration (EDA) for the Immokalee Culinary and Agribusiness Accelerator. 0000 Prepared by: Jace Kentner, Interim Director, Office of Business and Economic Development. ATTACHMENT(S) 1. Revised EDA Budget (PDF) 2. Revised EDA Form SF424 (PDF) Packet Pg. 2234 16.F.1.b 07/26/2016 COLLIER COUNTY Board of County Commissioners Item Number: 11.0 Item Summary: Recommendation to provide after -the -fact approval approve the submittal of an amended grant application for the EDA - Investments for Public Works and Economic Development Facilities to the Economic Department Administration (EDA) for the Immokalee Culinary and Agribusiness Accelerator. Meeting Date: 07/26/2016 Prepared by: Title: Administrative Assistant — Office of Management and Budget Name: Jennifer Leslie 07/26/2016 9:14 AM Submitted by: Title: County Manager — County Manager's Office Name: Leo E. Ochs 07/26/2016 9:14 AM Approved By: Review: County Manager's Office Grants Board of County Commissioners Nick Casalanguida Level 4 County Manager Review Therese Stanley Level 3 OMB 1st Reviewer 1-4 Mary,lo Brock Meeting Pending Completed 07/27/2016 1:42 PM Completed 07/27/2016 2:52 PM 07/26/2016 12:00 AM c iv Y c y Q E 0 L N E w w 0 0 U r- as T G Y U C CD Q c� Y r U) .B CD Q r N N _T N E L U Y W Q Packet Pg. 2235 a -Q UO 3 U o c c o ^, 1 c f o 0 Ln o m o o o i I co N r -I ri N c E cu Q O N w � U h <H 64 EA 64 64 64 b} Ef} cs fA ER fR 69 64 EA ER fA O V> � E 12- M Q Q O L 0 O o .5 cz cnV X Y U O75 C m n U i O 6s cs EA 60 69 to cq 4R bq Gq ff3 ER 69 69 Efl 69- 4Z O zyC s h C)0 z C_ _ O LL O � o) m U o of O G O G O 0 O O Gi G o O W O U LL Q W QJ Z � L O 0 i Gi -1 m o•, o � n o W m m H Ll L L L L L L J Ll U L l� Q U�l 69 64 el) (» vl� 6s fs3 E» e3 "a U+i Vi F» 6'i O � � - 61 a o o NO r m U La N N ON O_ (U6 U N O C O� 'C w '� U S N t4 N Q ^ O N o Z a� cp a c �- U Q O O o O c N N o (n is �+ () rn C (6 C a N j .0 O in lL QJ m O O ,C U N L .. c o cu c E U 0 0 3 N -, c E `° O ca v �_ U Q ° @ r O J 'V J p O� co I- C6 U C C L N C O C O C Q C Q `� �- ch `N 2 Ll -i O ` C �_ i O U N f° E- O N 6' F- p J N C c U U oLo _i C N C U � o U Z) L CLI— O N -0 o -- U Q (n (n LL uj U, zr z c6 a; 16.F.1.b r co Packet Pg, 2236 Application for Federal Assistance SF -424 16. Congressional Districts Of: * a. Applicant E= * b. Program/Project 25 Attach an additional list of Program/Project Congressional Districts if needed. 16a congressional.pdi ted`=• �- r r�' i�eleteAiachment View Attachment 17. Proposed Project: * a. Start Date: 08/01/21:16 b. End Date: G /30/2017 18. Estimated Funding ($): a. Federal �— 1, 500, 000. 0 b. Applicant 500, 000. )0 c. State ( 0.00 d. Local 0. 00 e. Other 0 . ou * f. Program Income 0 • 0' 0 g. TOTAL ? 00^,000.00 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? 0 a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. ❑ c. Program is not covered by E.O. 12372. 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) DYes ❑X No If "Yes", provide explanation and attach 21. *By signing this application, 1 certify (1) to the statements contained in the list of certifications- and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) I X] -- I AGREE The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. * First Name: Leo Middle Name: F. Last Name: Os'n Suffix:— -_ Title: County Maraaer Telephone Number: 239- 52-83E3 Fax Number: Email: ecOchs coll'erm,v.net * Signature of Authorized Representative: compieieo by Grants gov upon submission- Date Signed: compietea by Grant,, gov upon sunmission. 16.F.1.b 20 c:a r 0 N N A J Packet Pg. 2237 EXECUTIVE SUMMARY 16.Fa,b - 07/26/2016 N Recommendation to approve five unpaid invoices for Purchase Order Nos. (1) 4500160254 (in the c sum of $34,200); (2) 4500165598 (in the sum of $49,697); (3) 4500165569 (in the sum of $5,850; (4) W 4500164552 (in the sum of $48,780); and (5) 4500166735 (in the sum of $49,975). 1. July 12 Item #7 (Excerpt) - DRAFT (DOCX) Packet Pg. 2238 �a OBJECTIVE: To resolve a vendor payment dispute. _ a _ CONSIDERATIONS: At its July 12, 2016 regular meeting (during Public Comment), the Board of o County Commissioners heard from Kyle Abraham of Kyle Construction Inc. Mr. Abraham advised the Board that he was having difficulties getting paid on staff -approved invoices totaling $188,502. Simply E stated, it is the position of the contractor and staff that these invoices were for work quoted as lump -sum w (and that no back-up was necessary), and the Clerk's position that they would not pay without the o appropriate back-up (which may not exist). After a lengthy discussion, the Board directed that the County o Manager and County Attorney bring an Executive Summary based on quantum meruit on the in-abstentia agenda in an attempt to get the contractor paid Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the cc documents) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. co T_ FISCAL IMPACT: The invoices total $188,502. w a� x U LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Broadly M speaking, quantum meruit is an equitable legal principle to determine the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed but done = Q) under circumstances when payment could be expected. Although there is a contract in place here, the method of payment is under dispute. As set forth in the back-up, Staff has reviewed the invoices as well as the work that has been done and have concluded that in each instance the payment requested by the contractor represents fair market value and is reasonable for the work that was done. Aecordinaly, this item is approved as to form and legality. Majority support of the Board is required for approval. JAK < c GROWTH MANAGEMENT IMPACT: None. 0 RECOMMENDATION: That the Board of County Commissioners approves five unpaid invoices for Purchase Order Nos. (1) 4500160254 (in the sum of $34,200); (2) 4500165598 (in the sum of $49,697); 2% (3) 45001655609 (in the suit of $5,850; (4) 4500164552 (in the sum of $48,780); and (5) 4500166735 (in the sum of $49,975. _ E PREPARED BY: Jeffrey A. Klatzkow, County Attorney. u ATTACHMENT(S) w `z 1. July 12 Item #7 (Excerpt) - DRAFT (DOCX) Packet Pg. 2238 2. Letter PO 4500160254 (PDF) 3. Letter PO 4500164552 (PDF) 4. Letter PO 4500165569 (PDF) 5. Letter PO 4500166735 (2) (PDF) 6. Letter PO 4500165598 (PDF) 16.F.1.b 07/26/2016 Packet Pg. 2239 16.F.1.b 07/26/2016 COLLIER COUNTY Board of County Commissioners Item Number: 12.A Item Summary: Recommendation to approve five unpaid invoices for Purchase Order Nos. (1) 4500160254 (in the sum of $34,200); (2) 4500165598 (in the sum of $49,697); (3) a, 4500165569 (in the sum of $5,850; (4) 4500164552 (in the sum of $48,780); and (5) - 4500166735 (in the sum of $49,975). d Meeting Date: 07/26/2016 Prepared by: Title: Legal Assistant/Paralegal - County Attorney's Office Name: Virginia Neet 07/26/2.016 4:15 PM Submitted by: Title: County Attorney - County Attorney's Office Name: Jeffrey A. Klatzkow 07/26/2016 4:15 PM Approved By: Review: Public Utilities Department Public Utilities Department Office of Management and Budget County Attorney's Office Budget and Management Office County Manager's Office Board of County Commissioners Virginia Neet Level 1 Division Reviewer George Yilmaz Level 2 Division Administrator Review Valerie Fleming Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Ed Finn Level 3 OMB 1st Reviewer 1-4 Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending M Skipped 07/26/2016 4:53 PM r er o Completed 07/26/2016 5:05 PM v N Completed 07/26/2016 4:55 PM L) c� Q. Completed 07/26/2016 4:56 PM 0 Completed 07/26/2016 5:00 PM 0 Q Completed 07/27/2016 10:01 AM ca 07/26/2016 12:00 AM N -O 4 c W N 2, Packet Pg. 2240 16.F.1.b June 12, 2016 EXCERPT TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, July 12, 2016 Excerpt from Item #7 LET IT BE REMEMBERED, that the Board of County 0 Commissioners, in and for the County of Collier, and also acting as E 0 w the Board of Zoning Appeals and as the governing board(s) of such 0 r - special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Govenunent Complex, East Naples, Florida, with the following members present: !`1T T A TT-% A iT A A T. t,.tli�lt�lVl�-ilV ALSO PRESENT: T1 _ __ __ _ T' _ 1 _ UorlCra r laid Tom Henning Georgia Hiller Tim Nance Penny Taylor Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Director of Finance and Accounting Troy Miller, Communications & Customer Relations (Excerpt Item #7 — Page 1) Packet Pg. 2241 16.F.1.b June 12, 2016 Requested Excerpt Portion of Item #7 (07/12/2016 BCC Meeting) Item #7 — Excerpt PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. ABRAHAM: Good morning, Commissioners. My name's Kyle Abraham. I'm with Kyle Construction, Inc. I am a local contractor; underground contractor. I do a lot of work for Collier County. We've been in business here for 23, 25 years; numerous, numerous projects for Collier County. I live here locally. I have two kids. They go to school here. I'm a second generation in the utility business. I'm having a problem getting paid from the Clerk of Courts. Right now I'm owed $188,502 that is outstanding. I've had invoices that are back from February that are being denied. I gave a proposal for a lump sum, a work order is processed for a lump sum, a purchase ordered is issued for a lump sum, an invoice is sent for a lump sum, and it's denied by the Clerk's Office. I was just awarded another $1.3 million project to do the water main down in Naples South. I love Collier County. I live here. I'm just trying to get paid. You know, I've tried to meet with Mr. Brock and come to some sort of resolution, and basically it's my fault, according to him, as why I'm not getting paid. Nothing's changed; we've done business forever. Ms. Hiller spoke of it earlier and she says, he wasn't the watchdog for the past 20 years, and now all of a sudden he is? I don't understand what's (Excerpt Item #7 — Page 2) w N Q 0 E W 0 C 0 U r T co Packet Pg. 2242 1 6.F.1.b June 12, 2016 changed. And I haven't done anything different. I just -- I don't know where to turn or where to go, but I'm out $188,000, and he's telling me that he's not going to pay me. I have purchase orders, invoices, everything for a lump sum price signed by everybody. The work's been completed, invoices submitted, and then I don't get paid. So I'm just coming here to -- I know this is an ongoing issue, and I'm not the first person, but I'd just like to bring it to the attention and see if I can get some help or assistance because I'm not getting anywhere. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. Sir, a member of the county staff, Kelli Wolin, sent you an email, and I'm going to read it. As previously requested, in order to verify the percent markup, subcontractor and/or material per contract, additional information is required. Until the request (sic) backup is received, this will not be considered for -- a valid invoice and, therefore, rejected for payment. This is not a Clerk issue. This is a county issue. That is a member of our staff, sir. A .TTI A T%Tl A T T A A Ar. T_ 1_ _ C L _'_ Ivit�. A15AAn�vl: 1 hat is a melnoer of purchasing, wllu 5 getting it denied from the Clerk's Office, is what they're telling me. COMMISSIONER HENNING: This is the accountant for Public Utilities. MR. ABRAHAM: Correct. COMMISSIONER HENNING: Okay. So you -- and you continually refuse to provide the backup information. In fact -- MR. ABRAHAM: There's no backup documentation to be provided on a lump sum contract. COMMISSIONER HENNING: No. Your contract is not lump sum, okay. It's time and material. The county employee -- don't argue with me. The county employee said we need more information for (Excerpt Item #7 — Page 3) N Q E 0 L rU) r 0 C M0 U T 00 Y U M CD e N to 0 N ftJ N a 0 E U M .2 Packet Pg. 2243 16.F.1.b June 12, 2016 time and material in subcontractors. Hang on. You said you met with the Clerk of Court -- I'm aware of that -- and also within that meeting was members of the Clerk's staff to resolve this issue, besides a judge that they use for their dispute policy. And in that meeting, sir, you said you determine this lump sum by waking up in the morning and figuring out how much you need to Q make that day. That isn't how we do business in Collier County, and r- we cannot do that. As requested by the county staff and the Clerk, sir, you need to provide more information so it can be validated per the contract that 0 you signed. You signed that contract, all right. Provide the information needed. U w And I know that our staff wants to work with you to see you paid once you provide that information. I know the Clerk's staff wants to cut that check once you provide that information. We are here as stewards of the taxpayers' money not to provide you money based upon what you wake up in the morning and need to make that day. !'ITT A TTT .T A XTTT A T A ITT- 1 _ _1, 1 1 _ 1_ tiiiv�ry r 1ALA: w e coni need to lecture nim. t-,ntc COMMISSIONER HILLER: Let him speak. COMMISSIONER HENNING: I'm done. CHAIRMAN FIALA: Okay. Commissioner Hiller? N COMMISSIONER HILLER: The first thing I'd like to address is this meeting you had with the Clerk where you said a mediator was present. And my understanding from Commissioner Henning was that it was a judge. My understanding is that it's a retired judge. MR. ABRAHAM: Yes, ma'am. E COMMISSIONER HILLER: My understanding is that it was Judge Blackwell? MR. ABRAHAM: Yes, ma'am. (Excerpt Item #7 — Page 4) Packet Pg. 2244 16.F.1.b June 12, 2016 COMMISSIONER HILLER: And Mr. -- or I should say Retired Judge Blackwell is not an impartial mediator; are you aware of that? He's not independent of the Clerk. He was not unbiased. He's not there to mediate in fairness to both parties to draw a resolution. Did the Clerk represent that Retired Judge Blackwell represented only the Clerk's Office? MR. ABRAHAM: No. He just said that he was there just to mediate and to -- COMMISSIONER HILLER: To mediate. MR. ABRAHAM: -- to watch over. COMMISSIONER HILLER: Okay. Well, if he's there to mediate and watch over the discussion, he has to be independent. And just for your information, Judge Blackwell is not independent in his opinion of the Clerk. In fact, he just publicly endorsed the Clerk in his race and is clearly a friend of and biased towards the Clerk. So as a mediator in that hearing, you did not have a fair process. And one of the things that we have done as the Board of County Commissioners is we have adopted a process to address disputes like yours to have an independent official who would properly address the evidence presented, not bias to the county or bias to the vendor, but fairly and impartially, and clearly what you were subjected to is not that. And so as a result, the process that you just experienced was unfair and can't be relied on to draw a proper conclusion. That's the first issue I'd like to make. The second issue I'd like to make is -- and I did read your email -- you clearly articulated that what has happened to you is in violation of the Prompt Payment Act, which is the Florida Statute that governs the process for all clerks and all counties that that clerk -- that those clerks serve with respect to how invoices shall be paid within what time frame and, if there is a dispute, how those disputes shall be resolved (Excerpt Item #7 — Page 5) Packet Pg. 2245 16.F.1.b June 12, 2016 and within a specific time frame. And as I understand from your email, you did not receive the response within the time frames set by statute; is that correct? I mean, you keep nodding your head. I want you to understand -- MR. ABRAHAM: Yes. I don't want to interrupt. COMMISSIONER HILLER: No, no. I'd like to -- when I ask a question, do interrupt me, please. And the reason I ask for you to do that is because we have a court reporter who is documenting this hearing, and the problem is, is that the court reporter can't see your head nod and will not -- MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: -- write a note and say he is nodding his head no or yes. So just, please, when I ask a question, just so that I understand also -- MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: -- and there's no ambiguity in this discussion. MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: So going back to what I was saying, you did not receive notice according to the timeline -- the timelines prescribed by the Prompt Payment Act, correct? M.R. ABRAHAM: No, ma'am. The only notice that I ever was given was what Mr. Henning spoke of, that they needed more backup documentation, which I stated that there's no backup documentation to give on a lump sum proposal. COMMISSIONER HILLER: Right. And how long after submitting your invoice did you get that infonnation? M.R. ABRAHAM: Usually they give -- they reject it about 30 days after, is when they'll tell me, oh, we need more backup, and then I respond, there's no more backup to give, and then it just goes into space and -- (Excerpt Item #7 — Page 6) a 0 N E w 0 0 0 U 00 U M CL Q Q r T N CC tV 0 U a Packet Pg. 2246 16.F.1.b June 12, 2016 COMMISSIONER HILLER: Right. And as you know, the Prompt Payment Act says that you are supposed to receive notice within 10 days in writing and that you are supposed to be also provided in writing at that time the specific documents that you need to provide or the answers to the questions that they need answered in order for them to be able to satisfy themselves. MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: And then there's supposed to be a dispute resolution process, as we as the Board adopted by way of law, for the period between Day 10 and Day 60. MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: And, County Manager, can you please provide a copy of that process -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- to Kyle. The next issue that I want to address is -- I looked at your history. I requested staff give me a history of how you have been paid. And, quite frankly, the evidence speaks for itself. All your projects that have been lump sum projects have been paid with -- and here's the 1 7 1 1 !"N 1 1. T 1 1 7 1 comment -- no backup requestea uy k -A rk. IN o backup requested by Clerk, over and over and over again, and you have been paid on these lump sum contracts with no backup requested by Clerk over and over again. And these are not small payments: 95,000; 73,000; 29,000; 24,900; $29,475. CHAIRMAN FIALA: Were these all recent or in the last few years? COMMISSIONER HILLER: Yes. These are all -- I'm going -- I'm looking -- these are all payments that were made October 21 st, 2015. Here's -- and when you did do. emergency work, which was on a time -and -materials basis and that was the nature of the contract, backup material was requested of you, and you provided it -- (Excerpt Item #7 — Page 7) Packet Pg. 2247 96.F.1.b June 12, 2016 MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: -- and it was paid. So we have a clear inconsistency. We've got a time -and -materials contract where you've done emergency work where you were requested to provide backup, you provided it, and you were paid. And on lump sum contracts, when you submitted those invoices and performed the work, you were paid with no backup requested by the Clerk, and then all of a sudden -- all of a sudden, in February of 2016 MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: -- he started rejecting the -- MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: -- lump sum invoices, notwithstanding that all invoices prior, based on the same kind of contract, were paid. MR. ABRAHAM: Yes, ma'am. CHAIRMAN FIALA: When -- was this contract -- I'm sorry if I'm interrupting you. COMMISSIONER HILLER: No. I think -- I want this introduced In the record. CHAIRMAN FIALA: Was this contract issued to you? And I'm guessing it's from Public Utilities. MR. ABRAHAM: Yes, ma'am. C=HAIRMAN FIALA: I'm not as well versed as everybody else up here. Was that contract issued to you as a lump sum contract? MR. ABRAHAM: The agreement that we're working under is a big contract for utility contractors. You guys have a list of five or six local utility contractors. We participate in a rotation for emergency work. In this contract we gave rates for the emergency work. If the water main were to blow up in the middle of Airport Road right now, instead of just handing a bill in at the end of the job, we have set rates (Excerpt Item #7 — Page 8) Packet Pg. 2248 16.F.1.b June 12, 2016 for every machine, every guy, everybody, to protect you guys, and that's what this contract was for. The jobs that I haven't been paid for were proposed as lump sum jobs; they were accepted as lump sum jobs; they were processed as lump sum j obs. I did the j ob, I sent the bill as a lump sum, and here we are. CHAIRMAN FIALA: I see, okay. That's what I wanted to know. I mean, it was issued as a -- MR. ABRAHAM: Oh, yes. CHAIRMAN FIALA: -- lump sum contract? MR. ABRAHAM: I have purchase orders for lump sum work orders issued, lump sum. CHAIRMAN FIALA: Okay. Okay. I just wanted -- because I didn't have any of the information that others have. Okay. I'm sorry, Commissioner Hiller. COMMISSIONER HILLER: So just to conclude, you're not being denied payment because the Clerk has uncovered some sort of fraud? MR. ABRAHAM: Oh, I'm the farthest guy from fraud. !'1 !\ A ,fly IT CI it T h�. TI Tl T TTT T T� Tl "l A 1 1 l.V1V11V11J�1V1 ER HILLER. vxay. tinct so you are being denied because now the Clerk wants backup on a lump sum contract when on all of the previous payments to the tune of hundreds of thousands of dollars he did not require that. MR. ABRAHAM: Correct. So that's why I said, I don't know what's changed. We've been doing business a long time. I give a price, it's accepted, it's processed as a lump sum, and I bill it as a lump sum. You know, the emergency work -- like you said, every emergency repair is broken down in a time and material as it should be. There's some projects that when they are bid, they are bid as a time -and -material line item. And going into that, we know it will need (Excerpt Item #7 — Page 9) Packet Pg 2249 96.F.1.b June 12, 2016 to be broken down. But when it's bid as a lump sum, processed that way, and then the work's performed, and then at the end, come back and say, well, it doesn't work that way, I'm a little bit confused. CHAIRMAN FIALA: Does George Yilmaz have anything to say about this? MR. OCHS: Yeah. Ma'am, we have our interim Procurement Services director that can give you a little quick history on the contract. I think it might be helpful for the Board to have some context of the contract. CHAIRMAN FIALA: Yeah. And I'm just trying to understand what other people seem to have in front of them but I do not. MR. OCHS: Okay. Ms. Kearns, if you could, please. MS. KEARNS: Good afternoon -- oh, good morning, still. Allison Kearns, interim Procurement Services director. I've had a little bit of time to do some research on this, and I just want to take you very quickly through the history of this contract so we're all on the same page. Okay. The Board originally approved this agreement, 146213, for underground utility contractors about two years ago, back in July of 2U 14 pix contractors were awarueu unoer t1 1l s particular bid; one being Kyle Construction. Now, the original contract had language that said the owner shall pay the contractor for the performance of the work pursuant to the quoted price offered by the contractor in his response to a specific request for a quotation. Now, also within that contract it was set up specifically to have tiers of certain dollar thresholds where more than one quote would be required for work over $50,000. So as you can see the procedures -- this is a little difficult to see -- for nonemergency work with a value of $50,000 or less, Project Management staff only has to go out to one of the contractors selected (Excerpt Item #7 — Page 10) N Q E 0 E 0 w 0 C 0 cc U r 00 00 U c� IL rz 0 ZN N .Q a N J 0 U M EA Packet Pg. 2250 16.F.1.b June 12, 2016 to receive that request for quotation; over 50,000 and less than 200,000, they shall solicit quotes from all of the contractors on this bid; and for projects with a value of over 200,000, they must be brought before you for approval. Now, right after this was awarded in October of 2014, a clarification was brought to the Board. Amendment No. 1 stated the contractor will be compensated for time -and -material work including material and specialty equipment markup either for emergency or nonemergency work in accordance with the rate sheet attached hereto as Exhibit A 1 A and is hereby incorporated by reference. Markup for subcontractors shall not exceed 10 percent. Now, all of the -- all six of the contractors submitted rate sheets in accordance with this amendment, and they were all a little bit different. A few of the vendors submitted rates for both emergency and nonemergency work, one of the vendors submitted a sheet that didn't actually say if it was for emergency or nonemergency work, and Kyle Construction submitted the following. This is just a little snip. There's more rates than this. But it says, proposed Collier County emergency rates. ivow, if we take this to -- there was one more azrie idnlerit to this contract after that in March of 2016 where you, the Board, retroactively reaffirmed the use of lump sum, time and materials, and unit price on several contracts; this one being included, okay. And Kyle Construction -- I have a little bit of a payment history here so you can see it -- has not performed any nonemergency time -and -materials work under this bid until just recently, in April of 2016. Previous to that, all emergency work was done time and materials in accordance with his rate sheet, and all of the previous work orders were issued to him via lump sum and paid via lump sum. So he currently has five invoices that have been rejected and requiring further backup, and the note says for the lump sum payments. (Excerpt Item #7 — Page 11) Packet Pg. 2251 96.F.I.b June 12, 2016 And one of these items does have both a lump sum and time -and -materials component, and we'll probably have to work with Kyle Construction on making sure we do receive backup for the T&M portion. I think county staff has made him aware of that already, so we'll work through that. That's pretty much the history of where we stand. He is owed $188,000. MR. ABRAHAM: Not to cut you off, but to speak about the one that is the T&M, that's something that we did speak about with Mr. Brock's office. I had one invoice. The county rented a bypass pump from me for one of their lift stations. They have a high-level alarm going off all the time in the rainy season; they needed an extra pump to keep up. They rented a pump from me for six months. I charged them $3,200 a month to rent the pump. At this meeting we had with Mr. Brock, we kept going back and forth and he kept asking me, well, how much does this pump cost, and this, that, and the other, which was kind of irrelevant to the conversation. But per the rate sheet that is on this contract, the pump that I provided for the country on this invoice is better than the pump that's on this rate sheet. We told Mr. Brock this. The pump that's on my rate sheet goes for $575 per day. So it -we took that 575 and multiplied it by 30 days, I think you guys are getting a good deal at 3,200 instead of going at the 575 a day, you know. And Mr. Brock said that he would be willing to pay me an extra $8000 if that's what it -- if that's what it equated to on the rate sheet. And I gold him, well, that was crazy because the project manager would never approve another $80,000 out of their budget. COMMISSIONER HILLER: That's insane. MS. KINZEL: Commissioner Fiala, I have to clarify some of the things. (Excerpt Item #7 — Page 12) N iA a E 0 N 0 0 0 R U co Y U R M CD CN N 21 U 0 Packet Pg. 2252 16.F1.b June 12, 2016 No. Number one, the pump that you have rented to the county was not even included in your bid and rate schedule, and we clearly discussed that. MR. ABRAHAM: Correct. It's a better pump. MS. KINZEL: We never said that we would pay 80,000. What we articulated repeatedly was that we would pay to the elements of the contract. You began billing -- over 84,000 of the outstanding amount to you is for a pump that was never solicited or never included in any of your contract amount. They were under 50,000, so county rented these pumps. We questioned, what is the fair value? Additionally, when we met with you and went through the dispute resolution by a moderator, who was there to help work through some of the items as just someone who was reviewing the documents as a legal opinion, he helped process through this, and we told you that we were unable to pay, but there was equitable legal remedy available to you. Immediately after that meeting, we met with county staff, the County Manager, the County Attorney, and the assistant county manager, and we provided them those remedies and that information. That was on June 13th. I additionally followed up with both the County Attorney and County Manager's Office asking, since this was the last board meeting available, where are the items? Because he's not the only vendor impacted -- there were four that we referred to -- to bring forward for a determination by this board. None of those were forthcoming. So to continue to sit here and listen to this from this vendor -- you blow, it reminds me of -- I went through this with BQ, went through this with PBS, had the same kind of vendor show at the board meeting, and we resolved nothing. We gave him an equitable way to resolve this issue and get paid. County staff has brought forward nothing. (Excerpt Item #7 — Page 13) Packet Pg. 2253 16.F.1.b June 12, 2016 So I need to put that on the record. COMMISSIONER HENNING: I have a -- CHAIRMAN FIALA: Yes, go ahead. Leo, did you want to say something? MR. OCHS: Well, yes, ma'am. I don't think there's anything else to bring forward. You have a legally valid contract, a contractor did work under the terms and conditions of the contract as specified in the amount that was agreed to. The staff certified the work was done and received. Ms. Kinzel is referring to some equitable resolution or technique. I don't really know what that is. Maybe she could tell us. MS. KINZEL: Well, quantum meruit and quantum valebat was brought to you and given to you as a remedy in the meeting that we held. CHAIRMAN FIALA: I don't know what -- MS. KINZEL: That means that the Board can determine -- in both services and/or goods or services performed, that the Board can make a determination that even though it wasn't in compliance with the contract, that the goods and the services have an equitable value to the Board and to the taxpayers. And if that were determined by the Board, we could then move forward with processing for payment. But at this -- CHAIRMAN FIALA: So in other words, today, if we say those words and vote on it, then you will pay; is that correct? MS. KINZEL: There needs to be a little bit more in the construct of that determination. CHAIRMAN FIALA: What else? MS. KINZEL: We laid that out for the County Attorney, and it does seem very simple, Commissioner Fiala. That's why we brought it forward to resolve the issue. And to just continue to say that the Clerk doesn't want to pay vendors, that we presume every vendor is (Excerpt Item #7 — Page 14) Packet Pg'. 2254 16.F.1.b June 12, 2016 defrauding the county, you know, that's disingenuous. CHAIRMAN FIALA: Okay. Tell us how we can solve it today. MS. KINZEL: I don't know that you can solve it today. My understanding was that the county staff was going to work over the break and bring something back to you in September. CHAIRMAN FIALA: Well, they can't wait for $200,000. MS. KINZEL: But, Commissioner Fiala, that wasn't my determination nor the Clerk's. That was a county staff decision to make. MR. OCHS: That is not true. MS. KINZEL: And they chose not to bring it. CHAIRMAN FIALA: Is that the truth? MR. OCHS: No, ma'am. The invoices have been submitted. The Board has -- or excuse me. The staff has certified the goods and services have been received at the price agreed to. The invoice has been sitting with the Clerk for payment for months and months. COMMISSIONER HENNING: Leo, that isn't what you sent to the Board yesterday. You sent to the Board a correspondence that said, from your staff, they needed more information. MR. OCHS: Yeali. Leis get specific about that, Ms. I'S. -earns. MS. KEARNS: Just to clarify, those rejection notes are requested by the Clerk, and then the county staff forwards those rejections to the vendors. County staff has done their goods receipt, or their acceptance of the work on all the outstanding -- COMMISSIONER HENNING: Well, why didn't you forward to us where staff has signed off on those? MS. KEARNS: We do what's called a goods receipt on the record, which then gets that record ready for the Clerk's staff to perform their pre -audit. It's their notice from us to say we've gone through our review, and now it's ready for your pre -audit, and then they either accept or reject the record for whatever reasons stated in (Excerpt Item #7 — Page 15) N C to Q E 0 L E 0 0 0 U r co 0 Y U R CLM 0 Q y N M E to 0 N N a 0 E U Q Packet Pg. 2255 16:F.9.b June 12, 2016 notes. And for these particular items it was stated to provide further backup for the lump sum work orders. COMMISSIONER HENNING: So let's get back to that. The Board took action -- the majority of the Board took action on this lump sum change in the contract in March. Are you saying that goods and services received prior to the Board's action, they still can be lump sum? MS. KEARNS: We feel the original intent of that contract language would allow for lump sum, and county staff has procured those goods and services through lump sum methods. COMMISSIONER HENNING: But even though that the -- MS. KEARNS: I can reaffirm the -- COMMISSIONER HENNING: -- contract says -- MS. KEARNS: -- use of that. COMMISSIONER HENNING: Even though the contract says a 10 percent markup of material? MS. KEARNS: I think that was added because there was an error in the original contract that didn't include a provision for emergency rates. That's -- A-A &TC'IC`ITlI TT 1-% TTTTATATTAT/'I, Tl_ ___ J___1� 1__ �._ l,OMNI J IRON EF, HEN N I G. I hese Uon L even apply to emergency rates. MS. KEARNS: No, no. COMMISSIONER HENNING: So -- MS. KEARNS: He's been paid for the emergency work he's done. COMMISSIONER HENNING: -- since there is a conflict between payment between the Clerk's Office determination and the county's determination, why wasn't there an agenda item, like there has been in the past, to get the vendor paid? The County Attorney has also opined on some of these that it takes a quantum meruit of the Board to get these items paid. (Excerpt Item #7 — Page 16) N >_ N Q E 0 E 0 C 0 U cu T coco Packet Pg. 2256 16.F.1.b June 12, 2016 MS. KEARNS: I think that's where we're in; the disagreement that the Clerk's Office feels that the invoices are not in conformance with the contract but county staff feels that they are, so we're at an impasse. We can offer up, if it does help -- COMMISSIONER HENNING: No, no, no. There, you know -- COMMISSIONER TAYLOR: We can offer up what? COMMISSIONER HENNING: The county staff, through the County Manager, is supposed to bring resolution, not conflict, resolution to the Board to resolve these. I don't see where that's happening, Leo. CHAIRMAN FIALA: Crystal (sic) Just asked the question. COMMISSIONER HENNING: Now, that could be a court action, that could be a quantum merum (sic) or anything, but all it is is bringing more unresolved issues. MR. OCHS: Commissioner, we brought you two things. We brought you an item to make a retroactive finding of lump sum, time and material, and unit pricing, which you did, which your County Attorney told you, you could do legally. That's been ignored. And, secondly, we brought you a dispute resolution process as directed by the Board, so there is an avenue. COMMISSIONER HENNING: And this said it had been through that dispute process. MR. OCHS: No. We're still in the process of negotiating the contract with the assistance of the County Attorney for the hearing office. COMMISSIONER HENNING: So why wasn't an action item to force through the courts the -- or for the Clerk of Court to pay this gentleman? If you feel that the contract is, through its amendments and what has been written in the contract is -- this contractor is in compliance of it, why not have an action item to take the Clerk to the court to force him? (Excerpt Item #7 — Page 17) Packet Pg. 2257 June 12, 2016 MR. OCHS: I don't sue the -- CHAIRMAN FIALA: You know; We're talking today -- let's get it done. Instead of defending the Clerk -- COMMISSIONER HENNING: You can't -- CHAIRWOMAN FIALA: -- or anything, let's get this thing taken care of. COMMISSIONER HENNING: There's no -- there's no action item on the agenda. You can't resolve this today, Commissioner Fiala. CHAIRMAN FIALA: Well, then we have to wait two months. If you were the vendor -- COMMISSIONER HENNING: No. You know what, stay in town. Let's have a special meeting. CHAIRMAN FIALA: Well, I'll be back into town. I don't have to go anyplace. I'll be back in two weeks anyway. COMMISSIONER HENNING: Okay. Well, let's do that. CHAR��AN FIALA: But the problem is -- and don' t accuse me of taking a vacation during my vacation. COMMISSIONER HENNING: No, I'm not. I'm saying let's -- CHAIRMAN FIALA: That's stupid. COrvIMISSivivER HEiv'1VING: Leis stay in town. I didn't say, Commissioner Fiala, stay in town. I said let's stay in town, have a special meeting, and get it done. CHAIRMAN FIALA: Okay. Tell me -- now, you started to say what you had offered, and then Crystal wanted to hear what that was, but then the talk got carried away. So let's go back to where you were. MS. KEARNS: Well, I don't know if it will help, but I was communicating with Public Utilities staff earlier today, and they take photos throughout the process of each of these particular items of work. We can offer up some sort of photographic documentation that the work was done. I understand that's not the crux of the issue, but if it will help show the work was completed, you know, we can do that. I (Excerpt Item #7 — Page 18) y Q E 0 (n E 0 0 C M0 U r 00 0 U M 0 a 2 a) V) 4 N t N 0 E a Packet Pg. 2258 16.F.1.b June 12, 2016 know that's not exactly the -- MS. KINZEL: We had already talked about those. What we're really looking for is a validation of the pricing since it wasn't originally included in the contract for the pump that he used on two of those invoices, in particular, that that totals about 84,000, and then there was some additional backup that it wasn't -- when -- and when we talk about quoting or -- quoting a job, our expectation usually would be that there's a basis for the quote. And one of the other things that we asked for was if the project managers could provide their basis for accepting or approving the quote, because one might expect that the quote should be based on the contract rates, that they were competitively solicited. And when we were looking for any kind of support for that, we were basically told no more documentation from Kyle Construction. I think it has gotten into a -- we've offered -- we've offered, give us any kind of backup that tells us about these pumps. As he indicated, what is the cost of a pump so we could come up with a reasonableness test of is that rental for six months valued similarly to a cost of a pump, or what are we looking at. MS. KEARNS: And would you be willing to work with the engineers in Public Utilities on them providing you some reasonableness of how they know they're receiving a good quote? MS. KINZEL: And we have talked about that -- MS. KEARNS: This goes through several layers of -- MS. KINZEL: -- with the validating estimator and engineering cost. I think we could do a lot moving forward. I think this one got caught up in not really anything to do with the actual work. CHAIRMAN FIALA: Gobbledygook. That's what it -- COMMISSIONER HILLER: Oh, no. It didn't get caught up in any sort of gobbledygook. CHAIRWOMAN FIALA: Okay. So -- (Excerpt Item #7 — Page 19) Packet Pg. 2259 16.F.1.6 June 12, 2016 COMMISSIONER HILLER: May I comment? CHAIRMAN FIALA: No. Just a minute. Dr. Yilmaz is here, and so I would like to hear what he has to say, please. I'm trying to get to a decision. DR. YILMAZ: For the record, George Yilmaz, Public Utilities Department Head. Commissioners, as far as our due diligence go, it is very much consistent with coastal internal controls, and we go through process not only in the office and financial routing and work flow, we also go through that process determining if the job was done first time right using right means and methods to achieve right results. In this case we did. Now, you heard from the contractor saying that they give us better pump, and he's right. We would not pay more than what contract says for unit cost for a better pump, but he did give us a better pump, and that's the risk contractor takes. And given the 24/7 operations and nature of the utility business, we have to be agile, adaptable, and flexible. And this is one example out of $1.2 billion operations that, if he find 1-�--____-- ---- 1- r_-- 1_ _moi___ ITT ►� cannot find right pump In lnvnlUiy, We aslt lUI UCl lCI punlp. VV C don't settle for less. So in this case the pump mentioned herein is better pump in terms of pump curve, velocity, pressures, and VDF where we could touch. Oh, by the way, it comes with soft start. Now, I'm getting too technical, but the bottom line is we're in middle of the night, we're trying to prevent sewage spill on the streets, and we're not going to think about we have to find right pump in the contract terms and conditions. So that's the decision we make, if it clarifies. COMMISSIONER HILLER: And may I ask, what are your credentials, Dr. Yilmaz? (Excerpt Item #7 — Page 20) w Q E 0 N E CDw 0 r- 0 M 0 rX r Packet Pg. 2260 16.F.1.b June 12, 2016 DR. YILMAZ: I'm a licensed professional in seven states in United States, chartered engineer in Europe. I'm a naval architect, ocean engineer, and water resources manager. As well as water resource managers, I have two masters, doctorate, among others. COMMISSIONER HILLER: Your masters in what and doctorate Ph.D. in what? DR. YILMAZ: My masters in ocean engineering and civil engineering, and my bachelor is construction and engineering management. CHAIRWOMAN FIALA: Okay. COMMISSIONER HILLER: And how long have you -- I just want to know, how long have you been in this position? DR. YILMAZ: I've been as administrator in this position going into five. COMMISSIONER HILLER: And how many years have you done this type of business? DR. YILMAZ: Ma'am, I manage $1.6 billion international and domestic business. COMMISSIONER HILLER: So my -- the reason I'm asking these questions is that in your opinion -- based on the quote that Kyle Construction gave and based on the product they provided you based on your need, in your opinion the price was fair for the product you got; is that what you're telling me based on your experience and your education and your understanding of what the market offers by way of that kind of product? DR. YILMAZ: Given the internal controls, we have and the information I got through that, the answer is yes. And if I might, this contractor here stated, and he's right, in Public Utilities and in our County Manager's agency, we will not pay anything less than what is in the contract identified for unit cost, but we'll take something better as long as contractor accepts the unit costs agreed upon. (Excerpt Item #7 — Page 21) Packet Pg'. 2261 76.F.1.b June 12, 2016 So that's the -- COMMISSIONER HILLER: And, in fact -- CHAIRWOMAN FIALA: Now, let's -- COMMISSIONER HILLER: -- you got a price that was less than was in the contract because it would have been $525 a day for a lesser product. DR. YILMAZ: We would not pay that, and contractor knows that. COMMISSIONER HILLER: Again -- MR. ABRAHAM: Correct. COMMISSIONER HILLER: -- it was 525 days (sic) in the contract for a lesser pump, and he gave you a better pump at a lower price? DR. YILMAZ: At the unit cost agreed upon and approve by the Board. COMMISSIONER HILLER: Or at the unit cost agreed upon by the Board, okay. DR. YILMAZ: Yes, ma'am. COMMISSIONER HILLER: I just want to clarify that. Z-1TT A TTM A A TT T A _ C7 _ 1_ _ ._ �1_ _� 1_ _� that's _..I _ ..1 C nrAl�VAIAN r IAL A. So then -- ldl, is wllaL -- hats tree question you had, Crystal. And now, does he need to sign something so that that proves that we can pay this man? MS. KINZEL: Well, Commissioner Fiala, let me just put something on the board record, because a lot of statements have been made, a lot of inferences have been made. One of the concerns that we had is that in the Kyle Construction proposal -- and we went over this with Kyle, the contract -- the contractor provided a list of his available equipment as part of his proposal to the county. If you see, he provided a 4 -inch pump, a 6 -inch pump with bypassing -- bypass pumping, a 6 -inch vacuum pump, and a hydraulic pump. Now, when the rates were scheduled, all of the rates were (Excerpt Item #7 — Page 22) N S 0 E 0 N E 0 0 0 Cz U M r co co a Packet Pg. 2262 16.F.1.b June 12, 2016 provided as part of his submission except for the bypass pump. There were no rates provided. We -- you know, we asked about that; why was that pump particularly excluded? And then it appears that that's the pump that's being used the majority of time for a total of 84-, 85,000, out of this -- the payments that have not yet been made. And we received the information from Kyle Construction that, oh, it's a better pump. So we asked us (sic), can you give us documentation that shows what this pump does and what that pump does. He said he's not providing any more documentation to our office. That's why we moved forward, met with the County Attorney, and met with the county management. We're willing to work this through. We have been for months. We brought this forward. We performed our dispute resolution trying to resolve this issue. We thought we provided a viable solution to county management, and that's where we're at. So I did want to bring this up because it isn't as though all of a sudden in an emergency they did a better pump. This pump was included on their schedule of equipment, but no rates or values were provided for in their contract, and all the other pumps were pricey. So we went over that in great detail during the dispute resolution, and I wanted to put that on the record because we are trying to reconcile what's in your contract. CHAIRMAN FIALA: I know. But do you realize how difficult it is for people to deal with county government? Two years of all of this business. MS. KINZEL: And, Commissioner Fiala, we've paid Kyle Construction over $318,000 since January, so it is not as though he is not receiving a payment. When we receive a proper invoice, we'll pay a proper invoice. In the month of June we paid $62 million on 11,000 invoices to (Excerpt Item #7 — Page 23) T7 00 Y U f4 M Q N a to N N E Z U a Packet Pg. 2263 16.F.1.b June 12, 2016 2,600 vendors. CHAIRMAN FIALA: I want to ask you a question. I don't want to hear all the background. So did -- Dr. Yilmaz's message here, did that verify what Kyle Construction is saying? MS. KINZEL: I think we can get -- CHAIRMAN FIALA: And so can we get to the payment? That's what I'm trying to get to. MS. KINZEL: I think we can get some additional documents from an engineer in their office, and perhaps that will help resolve the payment schedule. But since it was not included in the original contract as a rate price that you've approved, we've still asked that the Board make that approval. COMMISSIONER HILLER: Can I please talk? CHAIRWOMAN FIALA: No, no. COMMISSIONER NANCE: I've got one question. CHAIRMAN FIALA: He's been asking to speak, and he hasn't had a chance. COMMISSIONER HILLER: Sure. Of course. I understand. COMMISSIONER NANCE: Sir, can I ask you a question? Is 1 !` 11-`'--- �� i 1 this a pump that s pari of a pernlaneffi 1115 IM10fl, Of is this a tool you used in the construction? MR. ABRAHAM: This was a tool that we used in construction to aid -- basically, they have a lift station that can't keep up with the amount of sewage coming into it, so we had to set this pump there temporarily and rent it to the county so that they could keep up with the amount of sewage that was coming into this station. COMMISSIONER NANCE: So you mean to tell me that we're not paying this guy for work that he did because he used a different tool than what he said he was proposing to use? Is that what everybody's telling me? MR. ABRAHAM: Yes. (Excerpt Item #7 — Page 24) Packet Pg 2264 16.F.1.b June 12, 2016 COMMISSIONER NANCE: So he used a red hammer instead of a blue hammer? MR. ABRAHAM: It's a better hammer. COMMISSIONER NANCE: What in the hell is going on here? This work has been accomplished. This was a tool that was used, and we're arguing over that, paying this guy $188,000? We ought to hang our heads in shame. Are you freakin' kidding me? COMMISSIONER HILLER: Hang on a second. Commissioner Nance -- let him make his point, please. COMMISSIONER TAYLOR: I think we're getting a little excited right now. COMMISSIONER NANCE: Yeah. I'm really excited. COMMISSIONER TAYLOR: And my buzzer's been on. So what I'd like to ask our County Attorney, will you please describe the words I cannot pronounce, that process, quantum meriot (phonetic). MS. KINZEL: Meruit. COMMISSIONER TAYLOR: Marrow (phonetic). COMMISSIONER HILLER: No. MR. KLATZKOW: Quantum meruit. And we had a meeting with Crystal aria the County Manager and TIN' *1 Quantum meruit's generally used when you don't have a contract to pay somebody for work that's been performed. Crystal raised the issue whether or not the county was going to come forward on executive summary based on quantum meruit. I asked Crystal, if we do that, will the Clerk pay? And Crystal said, I don't know. So I don't -- I don't know what to tell you. MS. KINZEL: And that's -- COMMISSIONER TAYLOR: Let me ask that question right now on the record. And, by the way, just for the record, Judge Blackwell was a moderator not a mediator. CHAIRMAN FIALA: Well, let's keep on the subject, please. (Excerpt Item #7 — Page 25) Packet Pg. 2265 96.F.1.b June 12, 2016 COMMISSIONER TAYLOR: So I would like to ask on the record, if we bring this forward -- excuse me. County Attorney, would you please ask. MR. KLATZKOW: The question is, if we were to bring this forward by direction of the Board as payment for quantum meruit, would the Clerk pay? MS. KINZEL: And I indicated to you that under the -- we wanted to see the document that you were going to bring forward, which was never provided nor never completed. MR. KLATZKOW: No. What you told me is you -- MS. KINZEL: Quantum meruit's principles are that you have to -- you asked me the question. MR. KLATZKOW: May I? You told me that you were not going to pay unless you saw the backup documents that he doesn't have. MS. KINZEL: No, it was not the backup documents. It was validation of the principle of quantum meruit which you said you were familiar with and that you would construct something, and we volunteered to review it all. A ,TTIT7T A Tr7T7/NXX T. !�1 .� _ 1 1VIR IK I ZKO w. Crystal -- MS. KINZEL: So this entire process -- MR. KLATZKOW: Crystal -- MS. KINZEL: -- of nonpayment -- MR. KLATZKOW: -- you're being disingenuous up there -- MS. KINZEL: No. MR. KLATZKOW: -- just as you were disingenuous in this meeting. MS.. KINZEL: No, Jeff. MR. KLATZKOW: May I finish? You are, okay. What we -- you have a valid contract that you don't want to pay on because there's a dispute. That's fine. You brought up the issue. If I (Excerpt Item #7 — Page 26) CD0 E 0 E w 0 r - O cc U P P Packet Pg. 2266 16.F.1.b June 12, 2016 do quantum meruit where staff comes forward with a statement that the work was performed, it was accepted, it met all the requirements, would you pay? You told me, I don't know. I still might want to need (sic) backup documents. MS. KINZEL: No. I said that you -- MR. KLATZKOW: So I'll put the question to you. MS. KINZEL: -- needed to provide us -- MR. KLATZKOW: If -- will you pay based on quantum meruit without him having to provide backup documents? MS. KINZEL: We need the backup documents to -- not from him, not the original documents we were requesting. We need to see your presentation of the quantum meruit that the Board then approves. And we said this in the meeting. And talk about disingenuous. You know, I spoke to you the Monday before the agenda was due to go to the County Manager, and I said, Jeff, what's the status of that? And you know what you said to me? MR. KLATZKOW: Yes. MS. KINZEL: I don't know. County hasn't brought anything forward tome. I've done nothing. MR. KLATZKOW: And that's true. MS. KINZEL: And that's true. But then I turned to the County Manager's Office and I said, this is the last board meeting. We need to get the vendor paid. So who's being disingenuous about paying the vendor and for what reason? COMMISSIONER TAYLOR: Okay. MS. KINZEL: I think it's obvious. COMMISSIONER TAYLOR: This is my cue. MS. KINZEL: It is. COMMISSIONER TAYLOR: This is my cue. Okay. I'm going to step in. Let's get this vendor paid. Now, what does this mean, please (Excerpt Item #7 — Page 27) Packet Pg. 2267 1 6.F.1.b June 12, 2016 -- and everybody take a deep breath. And we can recess and come back, but let's figure out how we can get this vendor paid. CHAIRMAN FIALA: That's what I've been saying. COMMISSIONER TAYLOR: Right, and you have. But let's -- that's full circle. Let's not point fingers and talk about who's -- C:HAIRMAN FIALA: And that's -- MR. KLATZKOW: But, Commissioners, it's not up to us. We've approved -- we've approved the invoices, all right? I'm willing to do an executive summary based on quantum meruit. What I need here is a pathway from the Clerk that will pay, and I've never been given one. Not on this particular item. MS. KINZEL: I gave you the pathway of quantum meruit, and you've not provided it. COMMISSIONER TAYLOR: Well, why don't we try again. MR. KLATZKOW: Well, I am happy to prepare an executive summary that the County Manager can bring forward in absentia, and we'll see if you pay or not. CHAIRMAN FIALA: Okay. COMMISSIONER TAYLOR: That's good. !-I T T A TT T! A -T A T A (`I 1 l riL-�lttM IN Say ay that one more time. MR. KLATZKOW: I am happy to put forward an executive summary. It can go on the abstention agenda, all right, while the Board's away, and if the Clerk pays, the Clerk's pays; if the Clerk doesn't: pay, the Clerk doesn't pay. CHAIRMAN FIALA: So -- and we can't get him paid now for the next two months because of this, right? MR. KLATZKOW: You'd have to do it -- CHAIRMAN FIALA: Can we do it today if Crystal saw this paper that she says she needs to see? MR. KLATZKOW: You can't do it today. This is not an action item. It would have to come forward during the break. (Excerpt Item #7 — Page 28) N a3 E 0 a a U co x U cc CL M Q v u� 4 N r G3 U Packet Pg. 2268 16.F.1.b June 12, 2016 COMMISSIONER TAYLOR: But we could have a special meeting. MR. KLATZKOW: You don't need a special meeting. COMMISSIONER TAYLOR: Okay. Okay. We don't? MR. KLATZKOW: You don't. COMMISSIONER TAYLOR: Okay. N MR. KLATZKOW: The County Manager has the authority to put things through. It would be subject to later board approval, but if E the Clerk paid -- 0 COMMISSIONER TAYLOR: Identify it in -- yeah. MR. KLATZKOW: But if the Clerk already paid, then -- 0 COMMISSIONER TAYLOR: All right. MR. KLATZKOW: -- it's ministerial. U R COMMISSIONER TAYLOR: Okay. So do we have a -- COMMISSIONER HILLER: No, we don't. We have discussion. T My light has been on forever, and I'd like to comment, please. CHAIRMAN FIALA: Go ahead. 00 COMMISSIONER HILLER: Thank you. Y Judge Blackwell sat in that meeting as a moderator, and you said ne gave a regal opinion, and nl5 legal opinion was the solution to this was quantum meruit, Crystal; is that -- was that his legal opinion? MS. KINZEL: No, Commissioner. It wasn't really a legal opinion, and I probably did misspeak on an opinion. He offered up possible solutions moving forward. r COMMISSIONER HILLER: So he was offering -- Q N (Overlapping speakers.) 21 MS. KINZEL: -- relief. COMMISSIONER HILLER: He was offering legal advice, basically, in his capacity as an attorney, as a judge. He was there to offer legal advice as to how this vendor could be paid, correct? 4 MS. KINZEL: He did not offer an opinion, as I said. I probably (Excerpt Item #7 — Page 29) Packet Pg. 2269 16,F.1.b June 12, 2016 misspoke. COMMISSIONER HILLER: No, he said it. I mean, he clearly was giving MS. KINZEL: He offered -- COMMISSIONER HILLER: -- legal opinion. CD THE COURT REPORTER: One at a time. I can't -- I can only get one at a time. N a CHAIRMAN FIALA: She cannot type -- S COMMISSIONER HILLER: He was obviously -- here's the .° problem. Judge Blackwell, if it's the same Judge Blackwell in -- you N know, that we're looking up in the Florida Bar records, is not 0 authorized to practice law in the state of Florida if it's the same Blackwell and, you know, there's always the possibility of mistaken identity. But this retired judge is not authorized to give legal opinions and 6 T give legal advice. And, clearly, if he was brought in as a retired judge and wasgiving legal advice, which he clearly was when he It co recommended quantum meruit was the resolution to this issue, that's a real problem. A .T Cwt7 Tl� T rJ T� T _ !" 1 _ lvl�. IL1lV�r.L: l.ommissloner -- � COMMISSIONER HILLER: Let me finish. It's not your turn, Crystal. So, number one, we have -- if it's the same individual -- and I a don't know if it is -- but you've got an individual who was a moderator r who was -- who has now endorsed the Clerk in the election, who appears, if it's the same person -- and it does look like it may be, but we don't -- we'll have that -- I'll have staff -- could you verify that and J give me that information -- is not licensed to practice in Florida. And g we'll verify that and make sure, and we'll put that on the record when s w we have that accurate information. 4 MR. CASALANGUIDA: Yes, ma'am. (Excerpt Item #7 — Page 30) Packet Pg. 2270 16.F.1.b June 12, 2016 COMMISSIONER HILLER: Secondly, your invoices have been outstanding since February of this year? MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: So that's February -- so March, April, May, June, July, right? MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: So five months. And what Mrs. Kinzel said, standing there after our utilities director, who clearly has, you know, very substantial experience, very substantial credentials, and I'm sure would be an expert witness called in any trial on any -- MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: -- utilities -related issue, clearly said that the price, based on his experience -- and he's been director of that division for five years, so he clearly knows what the prices are -- based on the product that you provided for his use was reasonable. And that question could have been asked by the Clerk's Office back in February. This could have been readily validated back in February by asking Mr. Yilmaz, who was in the same position he is in now and would have attested to tiieni exactly as he did here. So there's absolutely no basis for the Clerk's Office to say that they could not validate the reasonableness of the price that you charged. Moreover, it is also clear, based on this board's action, that you did have a fixed-price contract, and based on that, as with all the previous contracts that you presented that were fixed-price contracts, no backup was requested by the Clerk, no backup was required by the Clerk, and then all of a sudden he changed his mind in February. And just so you know, what I'm looking at is a schedule of how you've been paid since September of 2014, and you've been paid $1,059,572, the majority of which -- the majority of which was lump (Excerpt Item #7 — Page 31) Packet Pg. 2271 1 6.F,1.b June 12, 2016 sum contract; no backup required. And every time it was an emergency contract, which does require time and materials, you provided that information. But I'm going to repeat, very simply, going back, the Clerk's Office could have validated the reasonableness, while they did not have to, and it's not up to the Clerk's Office to determine whether something is valued properly. That's up to the Board. We're the ones who make the decision as to value, not the Clerk's Office, which is a discretionary decision. Notwithstanding, the evidence was readily available, and they failed to solicit that information by calling up Dr. Yilmaz. No, I don't believe we need quantum meruit, County Attorney. I think it's inappropriate to pay this gentleman under quantum meruit. We pay him under the contract what he is owed. It's a lump sum contract. The evidence is clearly on the record. He provided the good. He provided it at a fair price, at the price that was accepted by the county. MR. KLATZKOW: I agree that this is not appropriate for quantum meruit -- ,-N r\M , .rT IY !`IT/1l.TTT TTTT T -r-r% T. l,V1 MV!)� UALt<, II tK: lI 1s not. MR. KLATZKOW: -- because we have a valid contract. COMMISSIONER HILLER: We absolutely do. MR. KLATZKOW: But Commissioner Fiala would like to see this man paid. If the only way to get this man paid -- COMMISSIONER HILLER: No. MR. KLATZKOW: -- is quantum meruit -- COMMISSIONER HILLER: No, there is another way to get this man paid. The way to get this man paid -- this is a valid contract. The evidence supports everything that he has presented. It was readily available. They have wrongly -- the Clerk's Office has wrongly denied payment, has violated the Prompt Payment Act, has absolutely been (Excerpt Item #7 — Page 32) PacketPg. 2272 16.F.1.b June 12, 2016 unfair to this vendor. The way to do it is with a writ of mandamus. The Clerk -- the Clerk's Office should be compelled to perforin his legal duty, which he has failed to do. And to bring this man into what is nothing more than a kangaroo court with a moderator who is not -- if it is the same guy -- not even licensed to practice law in Florida, if it is the same person -- CHAIRWOMAN FIALA: Let's -- COMMISSIONER HILLER: That's a real injustice. And that is what all these other vendors are going through. The same thing happened to -- what's the name Bart Zino's company? What was the name of that gentleman? MR. CASALANGUIDA: PBS Construction. COMMISSIONER HILLER: PBS Construction. The same thing happened to Surety Construction. CHAIRWOMAN FIALA: Okay. Let's -- COMMISSIONER HILLER: Let me -- may I -- no, this is a very CHAIRWOMAN FIALA: Yeah, but you -- COMMISSIONER HILLER: Let me -- please let me finish. I really ask that. CHAIRMAN FIALA: But you keep -- COMMISSIONER HILLER: The bottom line is 188,000 is a valid -- has been presented with a valid invoice, attested to by staff as having been perfonned to the terms of the agreement at a fair price, and there is no legal justification to deny payment. We cannot go to quantum meruit. The Clerk has a duty to perform under the Prompt Payment Act. He must perform. If he doesn't perform, he needs to come here and tell us why, and then we need to decide to take action. And I think we need to file a writ of mandamus. CHAIRWOMAN FIALA: Ma'am? COMMISSIONER HILLER: And you should join us in that. (Excerpt Item #7 — Page 33) N �3 T N 4 E 0 E w 0 0 M U Packet Pg. 2273 16.F.1.b June 12, 2016 MR. ABRAHAM: I agree. I agree. We've spoken about that before. I think that's -- COMMISSIONER HILLER: That is where we're at. The Clerk 7, has -- MR. ABRAHAM: I would agree. COMMISSIONER HILLER: -- a legal duty to follow the law and perform. The evidence is there. The contract is valid. You d deserve to be paid. And if he refuses to pay, let's go to court -- S CHAIRMAN FIALA: Do you know -- do you realize how -- COMMISSIONER HILLER: -- and have a writ of mandamus R issued. o CHAIRWOMAN FIALA: -- much this is costing taxpayers? Every -- you know; Commissioner Henning was talking about taxpayers before. The longer this is dragged out, the more we don't pay -- and, of course, they have to pay a percentage because of the r Prompt Payment Act, that's costing the taxpayers. You get in r attorneys, you get in mediators, and all we needed to do was have Dr. co Yilmaz say, yes, I attest to that. Let him sign a paper -- COMMISSIONER HILLER: In February. C_ CrIAIRWU'!V -; FIALA: -- and then we can just move on rather M than just -- this is all taxpayer funded, by the way, all of this fighting. And I think that we should be able to just move on, and we should be saying to the County Manager, if we get this stuff signed in the next two weeks,you sign it off, and we're done. Is that what we can do? Let me ask the County Manager. MR. OCHS: Ma'am, we have in -absentia agendas during the summer, but -- that's the only way to get an item on in your absence. I'm not sure what item we would want to take, but I'll leave that to your County Attorney. Again, all I can say is we believe you've got a contract that's Q valid, and the invoices should be paid already. (Excerpt Item #7 — Page 34) Packet Pg. 2274 16.F,1.b June 12, 2016 CHAIRMAN FIALA: And we got a benefit from it using a better pump, which has been stated on the record. Dr. Yilmaz verified that, you know, this was a good price for a better pump. We needed to have this thing in place, and somehow -- MR. KLATZKOW: Commissioners, you have two choices that I've heard. One is go to court on this. I don't know the time that's going to be -- it's going to take to get this resolved, and I don't know how much money's going to be spent, and we're already involved in several litigations with the Clerk now, all right. That's one approach, okay. The other approach -- and you know I'm not the happiest person about this approach, but the other approach is to bring forward on an in -absentia agenda executive summary based on quantum meruit and see if the Clerk pays. And if the Clerk pays, we're done. COMMISSIONER HILLER: But we have that with all the other fixed-price contracts. We can't treat this vendor different -- MR. KLATZKOW: And we can't be in court with every single vendor. COMMISSIONER HILLER: No. And I don't mean for us to be in court. This gentleman said that he would sue, that he would file a writ of mandamus. What I'm saying is if he's going to file a writ of mandamus, I say that we join and defend him. MR. KLATZKOW: Ma'am, I'm not giving you a recommendation. I'm saying those are your two options. You can go to court, see if you compel the Clerk to do this, or you can direct that the County Manager put forward under the in -absentia executive summary based on quantum meruit. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: Commissioners, you see -- you see what's really before us here? And, you know, I'm -- let me just go on (Excerpt Item #7 — Page 35) N LT7 C E 0 L N E 0 C 0 CU U co 0 CL 21 U R a ti 0 Q v 0 N N 0 E U a Packet Pg. 2275] 16.F.1 b June 12, 2016 the record and say I'm in favor of doing whatever the most expeditious is -- thing to do to get this gentleman paid. But I want to tell you something; this man can't work like this. COMMISSIONER HILLER: No. COMMISSIONER NANCE: He cannot work like this. CHAIRMAN FIALA: Why would he ever want to work for us again? COMMISSIONER NANCE: He cannot go out, get the materials, pay all his labor, put it in there, and then have some fight erupt over the tool that he used to get the job done when it was clearly sufficient or more than sufficient to get it done. He can't do this and then be put through what he's been. The damage here is to our relationship with this man. Why in the hell he would ever want to come back and deal with this -- he's already gone through a beating, through meetings, he's been publicly humiliated, he's spent his time away from his business to do this, put all this money out of pocket for months and months and months. So, you know, everybody can walk away from this feeling really good about themselves, can't we? We can just go out and say, you Cl T7 , , , • , , IT T _ 1 _ , Know what, The public got their moneys worm, okay. w e dont nave to worry about Kyle Construction doing any business with them anymore. We can take that threat away from Collier County because this guy's going to go home and he's going to go, you know what? If I ever contract with them, again, I ought to have my head examined, and he would be right. So I hope everybody feels real good about this. And if anybody can explain to me what in the hell public benefit has been to any of this, I'd like to have them tell me. Go ahead. CHAIRMAN FIALA: Good question. COMMISSIONER NANCE: Is there any public benefit? There's none. We're fighting over a tool that this guy used to do the work. (Excerpt Item #7 — Page 36) Q E 0 N E 0 0 0 U r r 00 a) U M M a N Q N N 0 E z Q Packet Pg. 2276] 16.F:1.b June 12, 2016 The work's been done. Everybody said it was done; it's good. Everybody certified it. It's great. But we can't figure out a way to pay him? We are completely dysfunctional. N MR. KLATZKOW: You know, it's like going to a car rental place and reserving a subcompact, and they say, you know, we don't have any subcompacts, but we do have this, you know, nice -sized car N for you. a COMMISSIONER NANCE: Yeah. And when the bill comes, E 0 you go, hey, I've got to pay that. N MR. KLATZKOW: And then they say, okay, we'll charge you Y for the subcompact, all right. So you take the nice car, but now we're 0 not going to pay for it because it wasn't on the original order. COMMISSIONER NANCE: That's right. MR. KLATZKOW: That's what this is about. LC COMMISSIONER NANCE: That's what we're talking about. CHAIRMAN FIALA: Just like when they measured the dirt. Remember that? p COMMISSIONER NANCE: You explain this to me. I don't know what to tell you. CHAIRMAN FIALA: So how do we -- where are we now? COMMISSIONER NANCE: It's a friggin' spectacle. COMMISSIONER TAYLOR: I'm up; I'm up. CHAIRMAN FIALA: Well, Penny, you're just going to repeat. Go ahead. COMMISSIONER TAYLOR: Oh, how would you know what I'm going to say? COMMISSIONER NANCE: Go for it, ma'am. CHAIRWOMAN FIALA: Go ahead. COMMISSIONER TAYLOR: I think it's a fabulous day, and I really am not enjoying this at all. asked you. But you know what, we haven't. (Excerpt Item #7 — Page 37) `Packet Pg. 2277 16.F.1.b June 12, 2016 I've heard what Commissioner Hiller says you want to do, and I've heard what we're trying to do up here. I want to hear from you, Kyle. What would you like us -- you want to get paid, right? MR. ABRAHAM: I want to get paid, and I want to continue with life and continue to do Collier County's work. COMMISSIONER TAYLOR: Now, did we hear this? Did we hear this? MR. ABRAHAM: Continue on -- that's all I want. I don't want to sue anybody. I don't want to -- COMMISSIONER TAYLOR: Thank you. MR. ABRAHAM: -- get into legal -- I don't want any of that. COMMISSIONER TAYLOR: Okay. MR. ABRAHAM: I don't even want to be here as I am now. I mean, I have invoices from February, and why I'm here in July -- like, this isn't my style, and this is not what I do. I work hard. I go to work every day. I put food on the table for my family. That's what I do. I don't come here to argue and bicker and fight, and that's just not me at all, ma'am. COMMISSIONER TAYLOR: And I think it took a great amount ., of courage and integrity to come here with this. MR. ABRAHAM: And I will stand up and I will say I have the most integrity. And these invoices are valid. And I would never do anything that was wrong or not -- that's not me. It's not me. COMMISSIONER TAYLOR: Okay. So knowing you just want to get paid and you don't want to go to court, I would suggest that we work with -- ask the County Attorney to create this executive summary and -- MR. KLATZKOW: You'd need to direct the County Manager to work with the County Attorney to bring forth an executive summary based on quantum meruit on an in -absentia agenda. COMMISSIONER TAYLOR: He said that. Not me. It's perfect. (Excerpt Item #7 — Page 38) Packet Pg. 2278 16.F.1.b June 12, 2016 COMMISSIONER NANCE: Second. MR. ABRAHAM: And the whole interest and all that stuff -- CHAIRMAN FIALA: Okay. MR. ABRAHAM: -- I don't -- CHAIRMAN FIALA: I have a motion on the floor and second. MR. ABRAHAM: -- even care about the interest. I just want what's owed to me. I'll let that stuff go. And I just -- I did what I was supposed to do, and I just want to get paid what I was supposed to get paid. That's all. COMMISSIONER TAYLOR: And it was confirmed by our head of Public Utilities that it -- indeed, it's a better pump, so we have that -- MR. ABRAHAM: Right. And that's just one of the invoices. COMMISSIONER TAYLOR: Yep. MR. ABRAHAM: And on all these invoices, they could have asked any of the project managers, hey, was the project done to your guy's satisfaction? And they all would tell you yes; beautiful work. COMMISSIONER TAYLOR: Okay. So we have a motion, right? COMMISSIONER NANCE: And a second. !"{TT A TTll1 A T TT T A 'Ana' 1 nl C 11 (` (� C,ntiltci�tiiv FIALA: tins a second. Okay. Jo all In ravor o the motion, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN FIALA: Aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER HENNING: (Absent.) CHAIRWOMAN FIALA: Opposed? In a tired tone, she says, opposed? (No response.) CHAIRMAN FIALA: Nothing. Okay. That's a 4-0 vote. Henning had already left. (Excerpt Item #7 — Page 39) Packet Pg. 2279 16.F.1.b June 12, 2016 COMMISSIONER HILLER: I'd like to -- COMMISSIONER TAYLOR: What are we doing about our 11:30? MR. OCHS: We're going to have it right now. COMMISSIONER TAYLOR: Good. COMMISSIONER HILLER: I'd like to just introduce this in the record. Staff pulled the bar information on a William L. Blackwell. If it is the same, this individual is not eligible to practice law in Florida. Put it on the record. And what I'd like staff to do is verify whether or not it's the same gentleman who was giving legal opinions in the -- CHAIRMAN FIALA: Oh, he was a moderator, wasn't he? COMMISSIONER HILLER: No, he was giving legal advice. He told them quantum meruit. He was giving legal opinions. CHAIRWOMAN FIALA: Oh. COMMISSIONER HILLER: So if it's the same -- and we need to verify identity, and I'd like that information. I'd also like to put this on the record, which is the schedule that shows how much Mr. -- or Kyle Construction has been paid under lump sum contracts with no backup requested by the Clerk over the 1 _ _ 7 1 C` A -- �--- x-11--- - I- ---� '��' last year and a Hall. And, again, we rC Ld1K1I1g UDUUL over a million dollars. CHAIRMAN FIALA: Okay. Moving on to the next subject again. Go ahead. COMMISSIONER NANCE: Thank you, Mr. Kyle. I apologize to you, personally, sir. MR. ABRAHAM: Oh, no, no. No apology. Thank you for your time. COMMISSIONER NANCE: I can't help it. COMMISSIONER HILLER: And here's the email -- CHAIRWOMAN FIALA: And thank you for being here, sir. COMMISSIONER HILLER: -- that Mr. Kyle sent to the county (Excerpt Item #7 — Page 40) Packet Pg. 2280 stating what -- CHAIRMAN FIALA: Okay. COMMISSIONER HILLER: he intended to take. 16.F.1.b June 12, 2016 We're done with this one. -- he wanted and the legal action (The requested excerpt of proceedings concluded.) STATE OF FLORIDA) COUNTY OF COLLIER) I, Terri L. Lewis, Notary Public, do hereby certify that the foregoing proceedings were taken before me at the date and place as stated in the caption hereto on Page 1 hereof, that the foregoing computer-assisted transcription is a true record of my Stenograph notes taken at said proceedings. Dated this 14th day of July 2016. TERRI L. LEWIS, Notary Public, State of Florida; My Conunission No. FF 010990 Expires: August 23, 2017 (Excerpt Item #7 — Page 41) i� Q E 0 L 0 r_ 0 u Packet Pg. 2281 16.F.I.b CoMer County Public Utilities Department Planning & Project Management Division July 26, 2016 w d ATTN: Jeff Klatzkow County Attorney, Collier County RE: PS 301.01 Temporary Bypass Pumping Underground Utilities Contract 14-6213 Purchase Order Number 4500160254 E 0 L Dear Mr. Klatzkow: Purchase order 4500160254 was approved in accordance with the Public Utilities o Planning and Project Management standard automated workflow process in SIRE. This o process requires an initial pre -review by Public Utilities Operations Finance and three additional quality control approvals, above and beyond what is required by the Procurement Policy. Reference Attachment 1: Automated Work Order Approval. r Based on knowledge and experience, the proposal received from Kyle Construction for �- purchase order 4500160254 represents fair market value and is reasonable. Reference Attachment 2: Purchase Order, Notice to Proceed, Work Order and SIRE Approval Sheet. 00 T Y The work under purchase order 4500160254 was performed satisfactorily in accordance Y with the work order. Kyle Construction has a satisfactory performance and warranty o record on previous, similar utility related projects. Pre -payment review performed by Public Utilities Operations Finance included in SAP workflow consistent with countywide, requirements finds the invoice for work under Purchase Order 4500160254 to be in accordance with Procurement Policy and the terms of the contract and work order. Reference Attachment 3: Goods Receipt. y In addition, reference Attachment 4: Bypass Pump Business Case. Sincerely. N N y�321 Wayne M. Karlovich, P.E. Craig Pajer, P.E. Senior Project Manager Principal Project Manager E U Y cc. Q Dr. George Yilmaz, Public Utilities Department Head Tom Chmelik, Planning and Project Mann-ent, Division Director Planning & Project Management Divisian • 3339 Tamiami Trail East, Suite 303 - Naples, Florida 34112-5361 -239-252-4285 - FAX 239-252-5378 Packet Pg. 2282 Attachment 1 virginal Process • Multiple signatures required • Approvers located in multiple locations throughout the County • Series process • Required hand routing, scanning/emailing, and multiple parties to expedite approvals 16.F.1.b 1 Packet Pg. 2283 Attachment 1 ocess Improvement Team (PIT) Business Objectives Shorten Work Order approval time (non -BCC less than $200,000) 0 Eliminate lost Work Orders • Track Work Order approval routing • Provide QA/QC o Ability to measure Work Order approval performance �Pr'ocess Improvement Team (PIT) Approach Determined workflow automation would achieve objectives. e Evaluated existing options • SIRE • SharePoint Selected SIRE • Linked directly to ECM * Mimics the familiar AgendaCentral process ® Hyland PO for creating report - January 24, 2014 Pilot testing - Started July 2074 '16.F1.b N a E 0 N E 0 C 0 U w M Er r LL W r r OQ r N Y U N CD N N n V E U c� Q 2 Packet Pg. 2284 Attachment 1 Jfrrocess Improvement Team (PIT) Approach (continued) Vetted with stakeholders • Internal Project Managers • Internal Approvers • Clerk of Courts - October 29, 2014 • County Attorney's Office - November 4, 2014 • Purchasing - December 9, 2014 e Formally implemented - January 5, 2015 How Does the Automated Process The Project Manager enters Work Order data, and The following documents are saved into SIRE (like AgendaCentral) • Work Order (physically signed by vendor only) • Vendor's proposal • Quote tabulation if applicable (Not added work, documents were previously scanned/saved for SAP and project records) 16.F.1.b 3 Packet Pg 2285 Attachment 1 P -M Enters Work Order Data :_ • Du...e:.F�.v... is w�.nrw.a Smtaec..�i... �} • � • :._-. ae • Fy.' sw�r. rte,. - r PUD Work Or6ofForm \ I I \ Ij \ f \ MIwn Mlwo..Pn \ M NCM= Yui i � f+�c•�.eft�' ftpd iklw PZ.Rbpvn# v#%e Ppw wxr.; VwMUNDMi w Me. �taal mimdthvtroM Molc GN a� r isx 16.F.1.b 4 Packet Pg. 2286 Attachment 1 -All approvers receive simultaneous E-mail notification requesting approval I � f ,j. CuyteC• . f�PtY DeGK 1pwxd Com, CM = Ot1a4 !<e.{tn f talo G,M NvLL � av;. C+!<9a�. reiv4 Wn.ls toM e1Wn• Mife Ftl,eeu• Sn,An � W' 4twav kkrt• Nkdt..wr, 00.9 rn+{ }frost 9!lYabew __. _ _^ _ ___ 4�..t. ewel4.aXla itaW rte' ®C tfiad: ,rc T C[ f kibi ee J VAD Dawar,enav fl r- t hw..Mit".t SM 4 CanwI,SM.Ia Riana.xm wise®. . A A'od: Drde: hu been submiaed requ'ving you, ss -view. Please olMn the hem by ekekin5—,he link below and ensue it meets your.Y".ir—evu. If it does, then s Jw "App—, i Repast• Nom the ACTION REQU(kED field. If yon rannw app— it. then select 'Reject Request,' and list the I reaaans In the "General Foses" Sdd. : is �aen. t\'cfkflnts= ism, ApprovereWork Order Package PUD Work Order `.-... r...,.y.".....y.,.o.,...... '' ° Fours To submit this form, the "Action Requested"fiald ! • s s -- must be changed from "hold" status' w.+.,"ter ._... <• q.wa+r�iM.n nr`.»,.ya to r,n rv... W..'mc,^rN`SH Y.w'eeVYu c �. ew e�0dw wu ae 16.F.1.b 5 Packet Pg'. 2287 Attachment I Attachment 1: Proposal Attachment 2: Work Order UftMm C; E 0 4 - fn E 0 C 0 U cc CJ C) CZ CL M to CN (6 CIq 6 Packet Pg. 2288 C; E 0 4 - fn E 0 C 0 U cc CJ C) CZ CL M to CN (6 CIq 6 Packet Pg. 2288 Attachment 1 =®rk Order is approved just like in AgendaCentral u PUD Work Order Formv.eemrt'' To submit this^ form, the "Action +; Requestedfield must be changed from "hold' - statusSave & To Approve Click: .. .w.. ,,..,.., s ss•-�.• '"'E'.:d ii: 16.F.1.b 7 Packet Pg. 2289 Attachment 1 Process Comparison Approval Package r. Proposal i. Proposal Includes z. Work Order w/ z. Work Order Signature Page 3. Approval Sheet Approval Method Signature -Series Electronic -Parallel Remote Approval Scan/Sign/Scan Electronic Vendor Acceptance Signature Signature Tracking Method Manual Automatic Records Retention Manual Backed -up in SIRE Documents saved in r. Proposal r. Proposal SAP z. Work Order w/ z. Work Order Signature Page 3. Approval Sheet _Project Benefits * Same approval steps as AgendaCentral; familiar process. o Workflow is pre -determined during WO entry ensuring that the right approver's are included. Includes QC pre -review by Operations Finance 4 Parallel approvals save time. a WOs can't get lost in approval routing; they are always saved in SIRE. Approval record saves time tracking down the next approver; easy to see who is left to approve. Approval authority can be delegated when Out -of -Office. Provides additional approve QC ® Total and individual approval times can be tracked to improve performance. a In summary: Less Time - Better Records rn CD a c E 0 w E d w 0 0 Y U r LL: cc; r r T v ro z W Q CD W .cs Q c to 0 ns N s r E E r U 8 Packet Pg. 2290 Attachment 2: Purchase Order Notice to Proceed Work Order SIRE Approval Sheet 96.F.1.b Packet Pg. 2291 16.F.1 b Send all Invoices to: Collier County Board of County Commissioners Collier County Board of County Commissioners Procurement Services Division Attn: Accounts Payable Phone: 239-252-8407 3299 Tamiami Trl E Ste 700 Fax: 239-732-0844 Naples FL 34112-5749 Tax Exempt: 85-8015966531C-1 0 OR email to: bccapclerk@collierclerk.com Delivery Date: 03/12/2016 Terms of Payment Net 30 Days Item Material Description Order Qty Unit Price Per Unit Net Value 00010 LS-Taskl-Setup & break down rental pump 15,000 EA 1.00 15,000.00 PS 301.01 Temporary Bypass Pumping - pump installation and rental 00020 T&M Task2-Rent bypass pump 19,200 EA 1.00 19,200.00 Total net value excl. tax USD 34,200.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site http://purchasing.colliergov.neYPurchasing%20Policy/Forms/AlIItems,aspx, including delivery and payment terms. Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. 2. Notify department Immediately if order fulfillment cannot occur as specified. 3. Send all invoices to: Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Trl E Ste 700 Naples FL 34112-5749 OR email to: bccapclerk@colliercierk.com The Purchase Order is authorized under direction of Collier County Board of County Commissiorers by: `' ^r Allison Kearns, Interim Director, Procurement Services Division a C L C d to d C E O L Cn 0 C O M U cc ti r ep co r U Y U v U ti N N Lo r O rN cv r_ U .c U ri Z4 Printed 07/26/2016 a, 12:02 44 414-263614-634999-7004C.4.1 Packet Pg. 2292 Purchase Order number must appear on all related correspondence, shipping papers and invoices: Vendor# 101770 Purchase order 0o Numher 4500160254 Date 08/04/2015 KYLE CONSTRUCTION INC 3636 PROSPECT AVE Co•itacLPerson WW Projects NAPLES FL 34104 Delivery Date: 03/12/2016 Terms of Payment Net 30 Days Item Material Description Order Qty Unit Price Per Unit Net Value 00010 LS-Taskl-Setup & break down rental pump 15,000 EA 1.00 15,000.00 PS 301.01 Temporary Bypass Pumping - pump installation and rental 00020 T&M Task2-Rent bypass pump 19,200 EA 1.00 19,200.00 Total net value excl. tax USD 34,200.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site http://purchasing.colliergov.neYPurchasing%20Policy/Forms/AlIItems,aspx, including delivery and payment terms. Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. 2. Notify department Immediately if order fulfillment cannot occur as specified. 3. Send all invoices to: Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Trl E Ste 700 Naples FL 34112-5749 OR email to: bccapclerk@colliercierk.com The Purchase Order is authorized under direction of Collier County Board of County Commissiorers by: `' ^r Allison Kearns, Interim Director, Procurement Services Division a C L C d to d C E O L Cn 0 C O M U cc ti r ep co r U Y U v U ti N N Lo r O rN cv r_ U .c U ri Z4 Printed 07/26/2016 a, 12:02 44 414-263614-634999-7004C.4.1 Packet Pg. 2292 16.F.1.b o ler County Public Utilities Department Planning & Project Management Division N August 5, 2015 Charlie Abraham Kyle Construction, Inc. T 3636 Prospect Avenue N Naples, FL 34104 a RE: NOTICE -TO -PROCEED FOR PS 301.01 Temporary Bypass Pumping E Contract No. 14-6213 Purchase Order No. 4500160254 N Collier County Project No. 70046.41 0 Dear Mr. Abraham: 0 This letter serves as Collier County's official NOTICE TO PROCEED (NTP) to your Company to commence with the above referenced project. This NTP is issued pursuant to Contract #14-6213. The purchase order number is shown above and a copy of the P.O. is enclosed. This NTP is limited to the scope of work for: PS 301.01 Temporary Bypass Pumping r for the lump sum price of $15,000 and a time and materials price of $19,200.00. Please co include the purchase order number, contract number and project number on each invoice to facilitate the payment process. Y U Commencement date for the services associated herewith shall be considered to be August 5, 2015. Final completion of all work shall be considered to be March 12, 2016, a total of 220 days. No work is authorized after the final completion date herein a unless the time of the contract/work order is extended on or before the final completion R date. Invoices for unauthorized work will not be paid. N M If you have any questions, please contact me. ¢ C Sincerely, N N A 7 Wayne M. Karlovich, P.E. Senior Project Manager E cc: Swainson Hall, Procurement Strategist M w FLi ^i' Funning & Pn*d Management Division - 3339 Tamiami Trail East, Suite 303 - Naples, Florida 34112-5361.239-252.4285 • FAX 239-252-5378 Packet Pg. 2293 16'.F.1.b WORK ORDER/PURCHASE ORDER Contract 14-6213 "Underground Utility Contractors" Contract Expiration Date: July 7, 2016 This Work Order is for constructions services for work known as: c d Project Name: PS 301.01 Temporary Bypass Pumping Project No: 70046.41 w c a� The work is specified in the proposal dated July 27, 2015 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this c Work Order/Purchase Order is assigned to: Kyle Construction, Inc. E 0 L Scope of Work: As detailed in the attached proposal and the following: Task I Setup and Break down rental pump with suction and discharge hoses. o Task II Rent bypass pump for PS 301.01 r- 0 Schedule of Work: Complete work within 220 days from the date of the Notice to Proceed which is accompanying this Work Order. The Contractor agrees that any Work Order that extends beyond the expiration date of Agreement 914-6213 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): ®Negotiated Lump Sum (NLS) ❑Lump Sum Plus 00 Reimbursable Costs (LS+RC) ®Time & Material (T&M) (established hourly rate — Schedule A) ❑ Cost Plus Fixed Fee (CPFF), as provided in the attached proposal. a� Task I $15,000.00 NLS Task II $19,200.00 T&M TOTAL FEE $34,200.00 PREPARED BY: Wayne Karlovich, Senior Project Manager 7/27/2015 Date Page 1 of 2 Packet Pg. 2294 16.F.1.b By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: P///S Z - }'le onst etion, Inc. Date Type or Print Name and Title Page 2 of 2 Packet Pg. 2295 16.F.1.b XYLE CONSMUCTION, INC. 3636 PROSPECT AVENUE NAPLES, FL 34104 Ph: 643-7059 PROPOSAL DATE 7 2 1 PRICE INCLUDES: ALL LABOR, EQUIPMENT,& MATERIAL FOR SET UP. Packet Pg 2296 Fax: 643-4679 JOB NAME HITCHING POST BYPASS NAME ADDRESS PUMP RENTAL COLLIER COUNTY GOVERNMENT ATTN: WAYNE K. ITEM DESCRIPTION QTY UNIT COST TOTAL 1 SUPPLY ONE 6", 1800 GALLON/MIN THOMPSON PUMP WITH SUCTION & DISCHARGE HOSE. COLLIER COUNTY TO SUPPLY FUEL. SET-UP & BREAK DOWN 1 LS $15,000.00 $15,000.00 FEE MONTHLY BYPASS PUMP 6 MONTH $3,200.00 $19,200.00 RENTAL TOTAL PROPOSAL: $34,200.00 PRICE INCLUDES: ALL LABOR, EQUIPMENT,& MATERIAL FOR SET UP. Packet Pg 2296 COLLIER COUNTY Public Utilities Division Work Order Approval Sheet Project Name: PS 301.01 Temporary Bypass Pumping Project Number: 70046.41 Submitted and Approved By 16.F.1.b Page i of 1 Project Number: 70046.41 Date KarlovichWayne 07/27/2015 16:50:31 Approved By Date WolinKelli, 07/28/2015 08:18:02 Accounting Technician, Public Utilities Department NagySteve, Manager - Wastewater Collection, Public Utilities Department PajerCraig, Project Manager, Principal, Public Utilities Department Chmelik?om, Division Director - Public Utilities Eng, Public Utilities Department JohnssenBeth, Division Director - Wastewater, Public Utilities Department 07/28/2015 08:27:58 07/28/2015 12:32:12 07/28/2015 14:20:44 07/30/2015 09:28:58 Packet Pg. 2297 1 6.F.1.b Attachment 3: Goods Receipt Sta" td Pho 4&V f6V254 o�eaW brR"dylonas Dowment Ovemew On ` , 6J3' 0, 6jPmt PM*w McMO S G., �', ,...: Perswol SetGrc /.ccouatnp Documents 2 Standinc¢PO 45p010C2s4 vendor '101720 KYLE CONSTRUCTION I_ Doc - date OEtOl/1015. DeWfirVIJnv +ce , Condoms ?' Tam - Address C.mi unimGx, Parte, lt,.. A Mates? Shag Text -. PO QLantLY O... Dei. Dae ?te+ Price PC! 0....Kati G..- ReaWtWner T.,PUI ase ... R.. Ou*e AO " P LS-TasQ-Setup& break down rental pump 15,000-000FA 03,12/2D76 1.001 EA UNDERG_W,Kar63vich Mi_,2243.1 10 46000037( P T&M Task2-hint bypass Pump 19,200.000EA 03/12/2016 -MI. EA UNDERG W.Karbvkh 1C224361 20 46000037@ 1 / ' ®Item ri20`3:1a;4i?•R<tit6yDaYDatt%1 arm: ova era Daa QL=t>iie JyyeiO`1t5 Nivar/ Schedule DAewery -novice Coldtims ActouritRssp m nt PWfia OtdBP ¢y - Texts DlHe y `=!WY. J..I w�.l Sh. Text- "yT Nater6i Document Item POSWQ Cate = Quanttp Delivery cast duantty OUA 1 Ampunt in LC Lau T Qty o OPUnDelCo3OYy (OPUn)I Order Price "it AMnuntit GR 102 X107 -3 D:Vpl oili 19,200.000- 0.000 EA 19,200.00- USD 19,200.000- 0.000 EA 19,2D6.W.1 101 4� 7 02;12412016 19,200.060 0.004 EA 19,200.00 USD 19,200.000 O.ODD -.EA 19,200.00 -1 Tr.JEv. Goo&fecapit 0.000 EA 0.00 USD . 0.000 EA 0.04 1 Packet Pg. 2298 N =} AttNe Ordered 3/, 20C.OD0 Pd 34,200.00 USD Not Yet Sent DC}1MPd C. CDC Fd D. 00 USD •� Not DelWared SW to deliv. 34,26C.000 a 34,200.00 USO i°. Not kwoked Invoiced 0.000 EA G.00 USD c0) G Down paymts 0.00 USD M w C 0) S-rm A MateMal ort Te PO QuanMy 0... Dent. Date Net Price Per 0». Mat G... Reeeso uaner T..(Purdlase ... R... Outtie A0. P S Setup &break down rental urtp p 15,006.000EA 03/12/2016 1.001 EA UNDERG_WANkrixlt OIC224351 10 460000378 'x120 P T&M TasU-Rent bypass puny 15,2C0,000E4 03;12/2016 1.001 EA UNDERG_W.K]lbvKfi 102243el 20 460000378 E r O in i T ]tem O Hatieti Data, 4,r 24es W i iza 5drld}uf Oeialry, Accor tt,gs nme_,�,,rtt_ PlslG4AM'0'f ¢Y f16Ra} re>its DeW*-V . L. ,. .0llrery _hr+oKl.M.. _.CondriPm p ,_�_.,,. ,. . j6. :. Sh. Text^ MJT Matertal Document hem Posting Date I Qwmy Delivery cost quant" Our T Amount In LC Lau I QtY.n OPUM DerostO1Y (OPUn).Order Price UntI Amounti, ru M GR 102 5001010 '1 0310112016:r 15,000.000- 0.000 EA 15,000.00 -USD 15,000.060- 0.000 EA 15,000.00-1 GR 101,500101744 -.1 Oi/24PID16' 15,000.400 0.000 EA 15,000.00 USD 15,000.000 DODO EA 15,000.00 U Ir. /6v. Goods receipt 0.000 EA 0.00 USO 0.000 EA 0.00 1 (L tndai d PQ 45M160254 Created by Rwdyjones r r Docum"t Ovew.w Of, F' � ., 0Prlrt Preview Messages is i0 PerwNi Settn4 ACCountnp Docriments _ },3e 5tandard PO �45_01E^258- vo- .._..4"2^1-1- .ndor 't0ll20 i;Y1E CI�tiS RU�TIOII I Ox_ date C `D4; 2015 T ..r i,•. DBLMC+Y�tnwar;e CMWR.aoM - TexI4 Add ess - CDmtaurkatun Partners 0_� 5upn Gr�07nr 0 ua ...�.��......�m. � IF_1 Actme Ordered 34,200.000 EA 34,200.03 USO c; Not. Yet Sent DeLvered 0.0c0 CA 0.00 USD Not Delwered Ste to de§:. 34, 2tc.000 rJ. 341 20G.00 USD Not Invoiced Invoked 0.600 EA C.00 USD L � '.. Down PJ/TMS G. --D USD lt,.. A Mates? Shag Text -. PO QLantLY O... Dei. Dae ?te+ Price PC! 0....Kati G..- ReaWtWner T.,PUI ase ... R.. Ou*e AO " P LS-TasQ-Setup& break down rental pump 15,000-000FA 03,12/2D76 1.001 EA UNDERG_W,Kar63vich Mi_,2243.1 10 46000037( P T&M Task2-hint bypass Pump 19,200.000EA 03/12/2016 -MI. EA UNDERG W.Karbvkh 1C224361 20 46000037@ 1 / ' ®Item ri20`3:1a;4i?•R<tit6yDaYDatt%1 arm: ova era Daa QL=t>iie JyyeiO`1t5 Nivar/ Schedule DAewery -novice Coldtims ActouritRssp m nt PWfia OtdBP ¢y - Texts DlHe y `=!WY. J..I w�.l Sh. Text- "yT Nater6i Document Item POSWQ Cate = Quanttp Delivery cast duantty OUA 1 Ampunt in LC Lau T Qty o OPUnDelCo3OYy (OPUn)I Order Price "it AMnuntit GR 102 X107 -3 D:Vpl oili 19,200.000- 0.000 EA 19,200.00- USD 19,200.000- 0.000 EA 19,2D6.W.1 101 4� 7 02;12412016 19,200.060 0.004 EA 19,200.00 USD 19,200.000 O.ODD -.EA 19,200.00 -1 Tr.JEv. Goo&fecapit 0.000 EA 0.00 USD . 0.000 EA 0.04 1 Packet Pg. 2298 Attachment 4: Bypass Pump Business Case Purchase Order Number 4500160254 The table below shows a comparison of the pump supplied for the project by Kyle Construction with the pump listed on the rate sheet included as part of the Contract. Specification Pump Supplied Pump Listed on Rate Sheet Manufacturer Thompson 6JSVE Series I Thompson 6V Series Diameter 6" 1611 GPM 1,200 @ 20' Lift 920 @ 20' Lift Head pressure 67 ft 67 ft Power Required 26 HP 32 HP Sound Attenuation 68 dBA @ 21' None 88 dBA @ 21' Automatic Control Yes — Float controlled based on level No- Must run continuously SCADA Monitoring Yes — connected to County SCADA , Not available Rate ($/day) $106.67 j $575 The pump supplied by Kyle Construction for use on this project is better than the pump listed on the Rate Sheet for the contract for the following reasons: 1. It has a sound attenuation enclosure. The rate sheet pumps are open engines 2. It has automatic float control and therefore only runs when needed. This allowed us to leave the pump onsite unattended. The rate sheet pumps are dewatering type pumps that have no float control; if you need to run it, you have to manually start it and it will run at full speed until it you manually turn it off. 3. The pump provided was connected to our SCADA system. This allowed us to remotely confirm that the pump was running. The rate sheet pump does not have this ability. In order to use it, we would have needed to see a high level alarm at the station (potential SSO) and then travel to the site and start the pump. 4. The pump provided has a higher flow capacity and lower power usage at the same head pressure and suction lift conditions. 76.F.1.b C Q) c E 0 Y V.� 0 C 0 Y T 00 T U a z a� ¢ N w E r U Y Y Packet Pg. 2299 C o 1 eY CiOLi7'Ity Public Utilities Department Planning & Project Management Division July 26, 2016 ATTN: Jeff Klatzkow County Attorney, Collier County RE: Small Meters Replacement Underground Utilities Contract 14-6213 Purchase Order Number 4500164552 Dear Mr. Klatzkow: Purchase order 4500164552 was approved in accordance with the Public Utilities Planning and Project Management standard automated workflow process in SIRE. This process requires an initial pre -review by Public Utilities Operations Finance and three additional quality control approvals, above and beyond what is required by the Procurement Policy. Reference Attachment 1: Automated Work Order Approval. Based on knowledge and experience, the proposal received from Kyle Construction for purchase order 4500164552 represents fair market value and is reasonable. Reference Attachment 2: Purchase Order, Notice to Proceed, Work Order and SIRE Approval Sheet. The work under purchase order 4500164552 was performed satisfactorily in accordance with the work order. Kyle Construction has a satisfactory performance and warranty record on previous, similar utility related projects. Pre -payment review performed by Public Utilities Operations Finance included in SAP workflow consistent with countywide requirements finds the invoice for work under Purchase Order 4500164552 to be in accordance with Procurement Policy and the terms of the contract and work order. Reference Attachment 3: Goods Receipt. Sincerely, Diana Dueri, PMP Oscar Martinez, P.E., PMP Project Manager Principal Project Manager cc: Dr. George Yilmaz, Public Utilities Department Head Tom Chmelik, Planning and Project Management Division Director 16.F.1.b v 77. Planning & Project Management Division • 3339 Tamiami Trail East, Suite 303 • Naples, Florida 34112-5361 •239-252-4285 • FAX 239 - Packet Pg. 2300 Attachment 1 �Ur iginl Process Multiple signatures required * Approvers located in multiple locations throughout the County ® Series process * Required hand routing, scanning/emailing, and multiple parties to expedite approvals 16.F.1.b 1 Packet Pg. 2301' Attachment I Process Improvement Team (PIT) Business Objectives m Shorten Work Order approval time (non -BCC less than $200,000) ® Eliminate lost Work Orders * Track Work Order approval routing a Provide QA/QC Ability to measure Work Order approval performance fProcess Improvement Team (PIT) Determined workflow automation would achieve objectives. Evaluated existing options • SIRE • SharePoint * Selected SIRE • Linked directly to ECM Mimics the familiar AgendaCentral process * Hyland PO for creating report - January 24, 2014 Pilot testing - Started July 2014 16F.Lb V) CD Y Cn a E 0 W E Y 0 0 M U :i - c+ f6 r LL C6 r r 00 T 2 Packet Pg. 2302 Attachment 1 -P-rocess Improvement Team (PIT) Approach (continued) • Vetted with stakeholders • Internal Project Managers • Internal Approvers • Clerk of Courts - October 29, 2014 • County Attorney's Office - November 4, 2014 • Purchasing - December 9, 2014 Formally implemented - January 5, 2015 How Does the Automated Process Work? The Project Manager enters Work Order data, and The following documents are saved into SIRE (like AgendaCentral) • Work Order (physically signed by vendor only) • Vendor's proposal • Quote tabulation if applicable (Not added work, documents were previously scanned/saved for SAP and project records) 16.F.1.b N w N a _ E 0 4 N E N 0 r- 0 Y U w r LL tp r r c co r U Y U IL M L CD Q N S3 _ to r O N N a _ E z U R w Q 3 Packet Pg. 2303 Attachment 1 PM Enters Work Order-- Data PUD Wont OW Form To submit tuts tam, ttw -ACOM ReqMS LeCUdfnul1 bo chi rw showafbn OCU= i= FICA st Rev hZ071 M-rc.-. T - Tr 00 L) M CL C3 Cf ca Cil G7 O CN E qS El 4 Packet Pg. 23041 Attachment 1 k�approvers receive simultaneous E-mail notification requesting approval gni hi e.^ a .r "t ►w.vBuararmn+r«vwrctn�an Rioi.0 3aIDecemtnal+a m� y9a �__.xw mo.. — ----- nvy a.t Yor.+.re a tea , eruct Y.ws w ileac anY. a.ea ,. ewoYnu eYYvr, ur: ar la as to+en- aw+ aa.ees.• t.noo up• urvwo a'rwrt- . BCV+i! .nc-m �c+.t caa =. C7h+ni 'tnu r a,e sasav+s See t 449"mu3:xne [ 60.ftlek -*.we— A j [c I s,M•a pP1A.0Yede rt�M�1YF5�D+19kt6}.YS.51@�6 eamernvn iaK toCr 59N n+Vem � __,�._. _.. ___..._,..__.,.�..__-___._ _.......e-.�..�.. .............. _.___—moi A R'oek Ord. baa here submitted requiring your miew. f punt, opal the rmt lry dickios:exi the. imk Mtew and now i, meMaemsrrequieemeats. Mf%J—.thm sAld`Apium'e _ Request" from the ACTION REQUIRED hdd. If yeo onoet approve is thre sded Reed Beaaett," and list the reu DM in the "General Notes- gdd. t `Goto 47'erd:ttoa• tnf .ii :-Approver Sees the Work Order Package /e"..a+�Pl9]LWnrs4�wW'yW».t�ttiW MMtw+smm t+.f.re �.•- .. POD Work Order - - Form To submit thisBrief form, the "Acton Requested" Description must be changed from "hold" status ti �e..r.e... 16.F,1.b 2 5 Packet Pg. 2305 Attachment 1 Attachment 1: Proposal PF Attachment 2: Work Order Tt i =—n— - - -------- 21 6 -- Packet Pg. 2306] Attachment 1 Vork Order is approved just like in AgendaCentral SPUD WorN Order�s,..cc_,.,..,.,e.. o.csiM ,ms v�.a,m Form To submit this"�""'�'.a torte, the "Action 7 '.:� �,*•" Requested" field'_ must be changed _ from "hold" ' status d T To Approve .,,...».�r:Save & Continue> AMIW 16.F.1.b 7 Packet Pg. 2307 Attachment 1 SP Process Comparison Approval Package i. Proposal L Proposal Includes z. Work Order w/ z. Work Order Signature Page 3. Approval Sheet Approval Method Signature -Series Electronic -Parallel Remote Approval Scan/Sign/Scan Electronic Vendor Acceptance Signature Signature Tracking Method Manual Automatic Records Retention Manual Backed -up in SIRE Documents saved in t. Proposal i. Proposal SAP z. Work Order w/ z. Work Order Signature Page 3. Approval Sheet `Project Benefits • Same approval steps as AgendaCentral; familiar process. a Workflow is pre -determined during WO entry ensuring that the right approvers are included. • Includes QC pre -review by Operations Finance • Parallel approvals save time. a WOs can't get lost in approval routing; they are always saved in SIRE. • Approval record saves time tracking down the next approver; easy to see who is left to approve. • Approval authority can be delegated when Out -of -Office. ® Provides additional approve QC Total and individual approval times can be tracked to improve performance. w In summary: Less Time - Better Records 16Y.1.b w Q c E 0 H E d w.. 0 c 0 cc U w cci r r w 8 Packet Pg. 2308 Attachment 2: Purchase Order Notice to Proceed Work Carder SIRE Approval Sheet 16.F.1.b' Packet Pg. 2309 16.F.1.b J Collier County Board of County Commissioners Collier County Board of County Commissioners Procurement Services Division Attn: Accounts Payable Phone: 239-252-8407+ 3299 Tamiami Trl E Ste 700 Fax: 239-732-0844 Naples FL 34112-5749 Tax Exempt: 85-80159665310-1 OR email to: bccapclerk@collierclerk.com 3339 TAMIAMI TRL E, STE 303 NAPLES FL 34112-5361 Terms of Payment Net 30 Days jitem Matertai Description Order Qty Unit Price Per Unit Net Vatue 00010 Task I Remove & Repl 1,000 3/4" Meters 48,780 EA 1.00 48,780.00 Task 1 Remove and Replace 1,000 314" meters with new County supplied meters NLS $48.780.00 Total net value excl. tax USD 48,780.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site: http://purchasing.collie rgov- net/Pu rchasing%20 Poli cy/Forms/AlI Items, aspx, including delivery and payment terms- Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. 2. Notify department Immediately if order fulfillment cannot occur as specified. 3. Send all invoices to: Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Tri E Ste 700 Naples FL 34112-5749 OR email to: bccapclerk@coilierclerk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: Allison Kearns, Interim Director, Procurement Services Division Printed 07/26Y201 6 @ 12:03:30 412-273512-634999-70010-116.! Packet Pg. 2310 Purchase Order number must appear on all related correspondence, shipping papers and invoices: Vendor# 101770 Purchase order PO Number 4500164552 Date 12101/2015 KYLE CONSTRUCTION INC 3636 PROSPECT AVE Contac: Person W Projects NAPLES FL 34104 Please deliver to: PLANNING & PROJECT MANAGEMENT DEPT Delivery Date: 04/03!2016 3339 TAMIAMI TRL E, STE 303 NAPLES FL 34112-5361 Terms of Payment Net 30 Days jitem Matertai Description Order Qty Unit Price Per Unit Net Vatue 00010 Task I Remove & Repl 1,000 3/4" Meters 48,780 EA 1.00 48,780.00 Task 1 Remove and Replace 1,000 314" meters with new County supplied meters NLS $48.780.00 Total net value excl. tax USD 48,780.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site: http://purchasing.collie rgov- net/Pu rchasing%20 Poli cy/Forms/AlI Items, aspx, including delivery and payment terms- Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. 2. Notify department Immediately if order fulfillment cannot occur as specified. 3. Send all invoices to: Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Tri E Ste 700 Naples FL 34112-5749 OR email to: bccapclerk@coilierclerk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: Allison Kearns, Interim Director, Procurement Services Division Printed 07/26Y201 6 @ 12:03:30 412-273512-634999-70010-116.! Packet Pg. 2310 16.F.1.b Packet Pg. 2311` covier County my Administrative Services Division Purchasing December 14, 2015 ZM E d Mr. Kyle Abraham Kyle Construction 3636 Prospect Avenue s Naples, FL 34104 a c E 0 RE: NOTICE -TO -PROCEED FOR Small Meters Replacement N Contract No: 14-6213 E Purchase Order No: 4500164552 Collier County Project No: 70010.16.1 `a Dear Mr. Abraham, U w This letter serves as Collier County's official NOTICE TO PROCEED (NTP) to your M Company to commence with the above referenced project. This NTP is issued pursuant to Contract #14-6213. The purchase order number is shown above and a copy of the �- P.O. is enclosed. This NTP is limited to the scope of work for: Small Meters Replacement for the lump sum cost of $48,780.00. Please include the purchase order number, contract number and - project number on each invoice to facilitate the payment process. Commencement date for the services associated herewith shall be considered to be a e cnnaldn..red tC be April 3 2 16 M January A 2016. Final cnmpletinn of ull %Arnrie chnil hbe total of 90 days. No work is authorized after the final completion date herein unless the a time of the contract/work order is extended on or before the final completion date. Invoices for unauthorized work will not be paid. U Y If you have any questions, please contact me. Q Sincerely, o N 7 Diana C. Dueri, PMP u Project Manager E U C: Swain Hall, Procurement Strategist a *r . .. Purchasing Department- 3327 Tannianni Trail East - Naples, Florida 34112-4901 w, �wcolliergov.neUpurchasing Packet Pg. 2311` WORK ORDER/PURCHASE ORDER Contract 14-6213 "Annual Contract for Underground Utilities and General Contractors" Contract Expiration Date: July 7, 2016 PREPARED BY: Diana C. Dueri, Project Manager Date November 19, 2015 By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Pagel of 2 Packet Pg 231 ar c This Work Order is for professional water main replacement construction services for work known as: Project Name: Small Meters Replacement Project No: 70010.16.1 Q The work is specified in the Proposal dated November 11, 2015 which is attached hereto and made a c part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced o above, this Work Order/Purchase Order is assigned to: Kyle Construction y E Scope of Work: As detailed in the attached proposal and the following: 0 k 3/4 * TasI Remove and Replace 1,000 " meters with new County supply meters o Schedule of Work: Complete work within 90 days from the date of the Notice to Proceed which is ca U »_ accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 14-6213 will survive and remain subject to the terms and conditions r of that Agreement until the completion or termination of this Work Order. u- Compensation: in accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): ®Negotiated Lump Sum (NLS) [—[Lump Sum Plus Reimbursable Costs (1.S+RC) Time & Material (T&M) (established hourly rate – Schedule A) 00 Cost Plus Fixed Fee (CPFF), as provided in the attached proposal. y V ti CL Task 1. Each at $48.78 $48,780.00 NLS per meter (each) TOTAL FEE $48,780.00 G PREPARED BY: Diana C. Dueri, Project Manager Date November 19, 2015 By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Pagel of 2 Packet Pg 231 16.F.1.b Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Kyle Construction. N e itle of Authorized Company Officer Da(e Page 2 of 2 Packet Pg. 2313 XYLE CONSTRUCTION, INC. PROPOSAL 3636 PROSPECT AVENUE NAPLES, FL 34104 Ph: 643-7059 F—DAT—E--7, 11 11/1 INCLITDES ALL LABOR & EQUIFPMENT. Packet Pg. 2314� Fax: 643-4679 ,TOB NAME 3/4" WATER METER NAME/ADDRESS REPLACEMENT COLLIER COUNTY GOVERNMENT ATTN. DIANA DUERI ITEM DESCRIPTION QTY UNIT I COST TOTAL 1 REMOVE & REPLACE 3/4" 1000 EA T $48.78 $48,780-00 WATER METER WITH NEW COUNTY SUPPLIED METER. ..IF NO ACCESS TO METER DUE TO ROOTS/ CONCRETE/ OR UNFORSEEN DEBRIS, A DIFFERENT LOCATION WILL NEED TO BE PROVIDED' *COUNTY TO SUPPLY ALL PARTS, METERS, RUBBERS, ECT. "DOES NOT INCLUDE ANY PERMITS OR ASSOCIATED FEES, R.O.W, ect. TOTAL PROPOSAL: $48,780-00 L INCLITDES ALL LABOR & EQUIFPMENT. Packet Pg. 2314� COLLIER COUNTY Public Utilities Division Work Order Approval Sheet Project Name: Small Meters Replacement Project Number: 70010.16.1 Submitted and Approved By Diana Dueri Approved By WolinKelli, Accounting Technician, Utilities Finance Operations Oscar Martinez, Project Manager, Principal, Public Utilities Engineering ChmelikTom, Division Director - Public Utilities Eng, Public Utilities Engineering KomornyJesse, Manager - Meter Services, Water Steve Messner, Division Director - Water, Water 16.F.1.b Page i of 1 Project Number: 70010.16.1 Date 11/20/2015 11:45:25 Date 11/20/2015 15:07:33 11/20/2015 15:21:44 11/23/2015 15:11:11 11/24/2015 13:29:42 11/25/2015 10:59:20 V- lqr co Y U M CL 0 ti N G W r O N N i r_ E U f6 r Q Packet Pg. 2315 16.F.1.b Attachment 3: Goods Receipt ., sc.�rs,�r � osnvx�rstsz � by �udf•.7o,�s DocrrrnentOvemrlOn ru H- .�`� 7Pmtvrec+ew .Meso es i j �% 0 _� :.=;versan2'Settnp Acmurttirp Doturracn:s Standard PO 4500164852. Vendor 101770 KYLE CONSTRUCTION I_ Doc date :2?C:J2615 L,DebmtYce ;.ns Terns Addross + Cornrunrabon Aartrters Opp -Data r...z._ CustOr> Data - C Attire Ordered Not Yet Sent DeFrered Not Deivered Sim LO dew. is Not twoKed Nriolced Down PaYM 1n.F, S. flan A Materal Short Teat X70 P T2sk I Remo" & Real 1,000 3/4' Meters 1 r -I 48,78C.000 G 48,780.00 USD 0.000 EA 0.00 USD 48,780.000 EA 48,760.0C USD 0.000 EA 0.00 USD 0.00 USD PO Qu mtkY 10...IDeiv, Date Het Price Per 0». MaU G.... Re4us troner T.. Purchme .» R... lOuthe A 4e,780.000EA 04/03/2016 1.001. EA UNDERG.D.Dueri 4:lC229i30 10 460000?' Packet Pg. 2316 51 Item [.1#-SRe200YlERtD113d`Mtbtitf `�; Matetia!Oats S7CiBRRVWh DtNeryShcedu .De!' Imoce Corrd�o0s Acc/MMM"(ide4r43 btlr -, Teats- Lai Sh. TOXO MvT Mateo Docunr!nt tem vosrnp Date r Quantty DeWery cast 4ua'rtYy'�. OUnIE Amount ri LC Lcur c Qtr in OPUn Aerov*ty (OPUn) Order Rrte UN, t hrrgvrt r GR 102 5QQ1p } �I 64/RO/2016 ' 48,780.000- 0.000 EA 48,780 -00 -'USO 48,780.000- 0.000 EA 48,780.00-1 R :'101. 5fr01DzM2 11 0312212016 48,780.000 O.A06 EA _.... 48,780.00 USD 48,780.000 ,:.0.000 EA .. 46,780.00 1 Tr./Ev. Goo&roedpt- ... - UMEA 0.00 USD 0.000 EA + 0.00 1 194. 5106600 i 04/1912016 48,780_000- . 0.000 EA ', 48,780.00 -.USD 48,78O.00D- DAN FA +48,780.00.1 al 5106[own 1 04112/2016 48,780.000 O.00D EA _. ... -_ 48,780.00 USD 48,780.000 0.000 EA 48,780.00 1 1r./Ev. tnvcwe rempt . D.00'0 FA 0.00 USD 0.000 EA 0.00 1 Packet Pg. 2316 C0 1PY 0014-nty Public Utilities Department Planning & Project Management Division July 26, 2016 ATTN: Jeff Klatzkow County Attorney, Collier County RE: Naples Park Sink Holes Underground Utilities Contract 14-6213 Purchase Order Number 4500165569 Dear Mr. Klatzkow: Purchase order 4500165569 was approved in accordance with the Public Utilities Planning and Project Management standard automated workflow process in SIRE. This process requires an initial pre -review by Public Utilities Operations Finance and three additional quality control approvals, above and beyond what is required by the Procurement Policy. Reference Attachment 1: Automated Work Order Approval. Based on knowledge and experience, the proposal received from Kyle Construction for purchase order 4500165569 represents fair market value and is reasonable. Reference Attachment 2: Purchase Order, Notice to Proceed, Work Order and SIRE Approval Sheet. The work under purchase order 4500165569 was performed satisfactorily in accordance with the work order. Kyle Construction has a satisfactory performance and warranty record on previous, similar utility related projects. Pre -payment review performed by Public Utilities Operations Finance included in SAP workflow consistent with countywide requirements finds the invoice for work under Purchase Order 4500165569 to be in accordance with Procurement Policy and the terms of the contract and work order. Reference Attachment 3: Goods Receipt. Sincerely, v Diana Dueri, PMP Project Manager Oscar Martinez, P.E., PMP Principal Project Manager cc: Dr. George Yilmaz, Public Utilities Department Head Tom Chmelik, Planning and Project Management Division Director 16.F.1.b N N a E 0 L y E N 0 0 :a ti U w T co W v r a 73 W V) a r 0 N N a E L U w Planning & Project Management Division • 3339 Tamiarni Trail East, Suite 303 o Naples, Florida 34112-5361 -239-252-4285 • FAX 239-;`2-5378 Packet Pg. 2317 Attachment 1 -.e. .� -Original Process Multiple signatures required Approvers located in multiple locations throughout the County Series process Required hand routing, scanning/emailing, and multiple parties to expedite approvals 16.F.1.b T_ Ch CD r 1 Packet Pg. 2318` Attachment 1 _ Process Improvement Team (PIT) Business Objectives • Shorten Work Order approval time (non -BCC less than $200,000) • Eliminate lost Work Orders • Track Work Order approval routing • Provide QA/QC • Ability to measure Work Order approval performance Process Improvement Team (PIT) Approach Determined workflow automation would achieve objectives. Evaluated existing options • SIRE • SharePoint Selected SIRE • Linked directly to ECM • Mimics the familiar AgendaCentral process • Hyland PO for creating report - January 24, 2014 0 Pilot testing - Started July 2014 16.F.1.b r N a _ E 0 N E 0 C: 0 U w m c0 r r Ce' 00 77- W W U CL d r N N E U C6 w w 2 Packet Pg. 2319 Attachment 1 jProcess Improvement Team (PIT) Approach (continued) a Vetted with stakeholders • Internal Project Managers • Internal Approvers • Clerk of Courts - October 29, 2014 • County Attorney's Office - November 4, 2014 • Purchasing - December g, 2014 Formally implemented - January 5, 2015 Hover Does the Automated Process Work The Project Manager enters Work Order data, and The following documents are saved into SIRE (like AgendaCentral) Work Order (physically signed by vendor only) Vendor's proposal Quote tabulation if applicable (Not added work, documents were previously scanned/saved for SAP and project records) 16,F.1.b 3 Packet Pg. 2320 Attachment 1 PQ Enters Work Order Data rue Wont OrCct Porn I�k- TosdcM Nston, Uw"AtBonRegms CftsWiwM Ui uw w.,r,.x. we�nwn tu La 0=24 NQl== P?�3.i�sdastg,Em�s� frr FP<ffi�Ya�^raro 7lwrte Umm m TPy Rein Taff 4IRW PLTOtiFtq:7vRwugmri4 Cwr. 4�[CJSki»klVMttlelNodc ON >l. aii2 . 16.F.1.b 4 Packet Pg. 2321 Attachment 1 11 approvers receive simultaneous E-mail notification requesting approval C'n.�.§� • ? c 9pyr..1DW<fx'rrsemvla Po3r=t R4Mn Rt9t1: SYA 5CcnveorM $S'wya 5004 DtRfan��. :.moi: Afni 1 ReM Mftp )R�+I6 yup.-GlieRt �•xaxC/a [xe�! OiAtt iW+ . ti11+0=r�3�++6CDa I.yR rti y`�iA1keG- 'r.nz sesostsss 'rR itxflR9/Ai+iSt r,s Ta t-�dtnM OwA'fyn i C. .arm snmtx+.e«w.x.s«neexnwvwxrrosins.waec<o.ax..,toRst�a.sow>s+«. A Rack Order has brm rubmia«I requirinII your xeviev. �,� Pin+r open rhe ixm.bv rlir7uest oz the t{nl het4w and msmr is mees+Srom rngeiirmsmts. lCir dnrs, thmsrtres "Approry RcQuess' from the ACTION REQUIRED Geld. if you ranmt aoprove it, thm sd«t'Rnea Re,zcrt," wd lin thr ;'., seuozs iz the "Gmaal Nat." field. ; 'G , `Approver Sees the Work Order Package in SIRE SPUD Work Orsier��veta.»,.,,W,e..w. sw:��m Form To submit this _ form, the 'Action Requested"field s must be changed from "hold" status 3 AtCachmant5 .I 16.Fa.b 5 Packet Pg. 2322 Attachment 1 Attachment 1: ' _s `L -u Attachment 2: Mork Order rr. - 16.E_1.b 6 Packet Pg. 2323 Attachment 1 Attachment 3: Approval Sheet COWER COVPfp� wuP umPP om.w� crow a,w row".NEn. �rNuo Wi11Kr,n,.�.nYRt L{Kki40:fwww Ki4YlE lePrn.a Lr,vr-.w.N,.Trw sU.xr-w. `P`un°niiw„'u*. w.P, rni.v.�.ia ro�•.az o�w+-wer. wer cmn."naN,. �x. ucou �e,a r. Pmpc NanepPr, Pnnupa�, PudKUpresrnpnwr.� lork Order is approved just like in AgendaCentral lift "Pl1D Work Order - "'rr"�^�• Formsa=�i% To submit this .«.E Corm, the "Action '^ Requested" field must be changed from "hold" status To Approve 1 16.F.1 b N M Q C E 0 4 M E d s+ H- 0 0 w t..t P r p r 7 Packet Pg. 2324 Attachment 1 Process Comparison Approval Package 1. Proposal 1. Proposal Includes i. Work Order w/ z. Work Order Signature Page 3. Approval Sheet Approval Method Signature -Series Electronic -Parallel Remote Approval Scan/Sign/Scan Electronic Vendor Acceptance Signature Signature Tracking Method Manual Automatic Records Retention Manual Backed -up in SIRE Documents saved in i. Proposal i. Proposal SAP z. Work Order w/ i. Work Order Signature Page 3. Approval Sheet "Project Benefits • Same approval steps as AgendaCentral; familiar process. • Workflow is pre -determined during WO entry ensuring that the right approvers are included. • Includes QC pre -review by Operations Finance • ParalIel approvals save time. • WOs can't get lost in approval routing; they are always saved in SIRE. • Approval record saves time tracking down the next approver; easy to see who is left to approve. • Approval authority can be delegated when Out -of -Office. • Provides additional approve QC • Total and individual approval times can be tracked to improve performance. In summary: Less Time - Better Records 16.F.1.b 7 U) c N a E 0 E d O r_ O ti U w- LL c0 r r 00 r d Y U ti a, tt 0 Q ca a N u] N a a� E r U R 8 Packet Pg_ 2325 Attachment 2: Purchase order Notice to Proceed Work order SIRE Approval Sheet 16.F.1.b c CD as m c d U) .g Q E 0 L f(1 E Q% 0 Q. 0 d-+ U w - t6 00 77. Packet Pg'. 2326 16.F.1.b Send all Invoices to: Collier County Board of County Commissioners Collier County Board of County Commissioners Procurement Services Division Attn: Accounts Payable Phone: 239-252-8407n4l' 3299 Tamiami TdE Ste 700 Fax: 239-732-0844 Naples FL 34112-5749 Tax Exempt: 85-8015966531C-1 'Kamr, OR email to: bccapcierk@collierclerk.com Terms of Payment Net 30 Days I /tem Material Description Order Qty Unit Price Per Unit Net Valve j 00010 Task 1 789 93rd Ave N Repair 2,330 EA 1.00 2,330.00 Task 1 789 93rd Ave N Repairs - $2,330-00 00020 Task 2 819 94th Ave N Repair 3,520 EA 1.00 3,520.00 Task 2- 819 94th Ave N Repairs - $3,520-00 Total net value excl. tax USD 5,850.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site: http://purchasing.colliergov.neUPurchasing%20Policy/Forms/Aliltems.aspx, including delivery and payment terms. Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. 2. Notify department Immediately if order fulfillment cannot occur as specified. 3. Send all invoices to: Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Tri E Ste 700 Naples FL 34112-5749 OR email to: bccapcierk@collierclerk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: Allison Kearns, Interim Director, Procurement Services Division Li F Printed 07/2612016 @ 12;04:08 412-273512-6349719-71010.18__.:, " " Packet Pg. 2327] Purchase Order number must appear on all related correspondence, shipping papers and invoices: Purchase order Vendor# 101770 Po Number 4500165569 Data 01/20/2016 KYLE CONSTRUCTION INC 3636 PROSPECT AVE contact Person W Projects NAPLES FL 34104 Please deliver to: PLANNING & PROJECT MANAGEMENT DEPT Delivery Date: 04/24;2016 attn: D Dueri 3339 TAMIAMI TRL E, STE 303 NAPLES FL 34112-5361 Terms of Payment Net 30 Days I /tem Material Description Order Qty Unit Price Per Unit Net Valve j 00010 Task 1 789 93rd Ave N Repair 2,330 EA 1.00 2,330.00 Task 1 789 93rd Ave N Repairs - $2,330-00 00020 Task 2 819 94th Ave N Repair 3,520 EA 1.00 3,520.00 Task 2- 819 94th Ave N Repairs - $3,520-00 Total net value excl. tax USD 5,850.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site: http://purchasing.colliergov.neUPurchasing%20Policy/Forms/Aliltems.aspx, including delivery and payment terms. Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. 2. Notify department Immediately if order fulfillment cannot occur as specified. 3. Send all invoices to: Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Tri E Ste 700 Naples FL 34112-5749 OR email to: bccapcierk@collierclerk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: Allison Kearns, Interim Director, Procurement Services Division Li F Printed 07/2612016 @ 12;04:08 412-273512-6349719-71010.18__.:, " " Packet Pg. 2327] 16.F.1.b Purchasing Department- 3327 Tamiami Trail East • Naples, Florida 34112-4901 - www.coiliergov.neUpurchasing Packet Pg. 2328 Co ew ` O-14 t y Administrative Services Division Purchasing January 22, 2016 Mr. Kyle Abraham Kyle Construction 3636 Prospect Avenue (D Naples, FL 34104 a RE: NOTICE -TO -PROCEED FOR Naples Park Sink Holes E Contract No: 14-6213 E Purchase Order No: 4500165569 Collier County Project No: 71010.18 0 0 Dear Mr. Abraham, U This letter serves as Collier County's official NOTICE TO PROCEED (NTP) to your Company to commence with the above referenced project. This NTP is issued pursuant r to Contract #14-6213. The purchase order number is shown above and a copy of the P.O, is enclosed. This NTP is limited to the scope of work for: Naples Park Sink Holes for the lump sum 00 cost of $5,850.00. Please include the purchase order number, contract number and `- project number on each invoice to facilitate the payment process. L) Commencement date for the services associated herewith shall be considered to be JanUary 25 ?n16. Final nmmnlatinn of all wnrk shall he r-nncirlPrad to ha Anril ?d ?n1R a total of 90 days. No work is authorized after the final completion date herein unless the time of the contract/work order is extended on or before the final completion ¢ date. Invoices for unauthorized work will not be paid. - If you have any questions, please contact me. a _ Sincerely, a X2N Diana C. Dueri, PMP Project Manager E C: Swain Hall, Procurement Strategist w Purchasing Department- 3327 Tamiami Trail East • Naples, Florida 34112-4901 - www.coiliergov.neUpurchasing Packet Pg. 2328 16.F.1. b WORK ORDER/PURCHASE ORDER Contract 14-6213 "Annual Contract for Underground Utilities and General Contractors" Contract Expiration Date: July 7, 2016 This Work Order is for professional water main replacement construction services for work known as: Project Name: Naples Park Sink Hole Rapairs Project No: 71010.18 The work is specified in the Proposal dated December 1, 2015 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/Purchase Order is assigned to: Kyle Construction Scope of Work: As detailed in the attached proposal and the following: * Task I 78993 d Avenue North Repairs * Task 2 819 90 Avenue North Repairs Schedule of Work: Complete work within 90 days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 14-6213 will survive and remain subject to, the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Finn in accordance with following method(s): ENegotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material (T&M) (established hourly rate — Schedule A) ❑ Cost Plus Fixed Fee (CPFF), as provided in the attached proposal. Task I $2,330.00 NLS Task II $3,520.00 NLS TOTAL FEE $5,850.00 PREPARED BY: Project Manager Date December 11, 2015 By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) . which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Page 1 of 2 Packet Pg. 2329 16.F.1.b Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Kyle Construction. ,L'� AeOrAt..r IW4012WI- J- Name ails Title of Authorized 6iripany Officer IJ5 - Date I f 2 Page 2 of 2 Packet Pg. 2330 COLLIER COUNTY Public Utilities Division Work Order Approval Sheet Project Name: Naples Park Sink Holes Repairs Project Number: 71010.18 Submitted and Approved By 16.F,1:6 Page 1 of 1 Project Number: 71010.18 Date Diana Dueri 12/14/2015 12:47:09 Approved By Date WolinKelli, 12/14/2015 15:19:30 Accountant, Utilities Finance Operations ChmelikTom, Division Director - Public Utilities Eng, Public Utilities Engineering ChmelikTom, Division Director - Public Utilities Eng, Public Utilities Engineering Pam Libby, Manager - Distribution, Water Steve Messner, nivicion Dirartor _ Water Water FeirBryan, Planning & Project Management - PUD 12/14/2015 15:50:53 12/14/2015 17:17:12 12/15/2015 09:41:13 12/15/2015 11:05:41 12/15/2015 14:11:58 i4 Packet Pg. 2331 ,� standarrdPo.asarjs6�iral�art�RarrdrJc�r_ Doaxmmt Ot rmw On In `' `2 OilPmt Preww Messayet it 0Personal Scttsp AccGWtJnc OGGIVIO S Q S rrdard PO tsOC365564 Vendor 101770 6lE CONSTRUCTION I _ Doc. date 03!20; 2016 Gni.�,Det7e��YlJmrpte�--Cend¢aku r'Terris ;Addres��"Lanr:unKaOori ,Ps6iers-0:�6a:a fi����-Csrs[orre. Dazs. Adwe Ordered 5,es0.000 Ek S,e50.00 USD GR 101 sw2¢t7;7z , ' _1 DZj25/Z016 2,330.000 0.000 EA rsa Not Vet Sent DeWwed 0.000 81 0.00 USD Not Delvered Stir to defy. S.85C.000 1% 5,850-00 USD QStandardP6 is^_Olf55f4 VandOr $101770K'r,.EM5TRU:TIDNL E Not Lrvoiced Invoiced 0.000 to 0.00 USD 5,C50.00 USD w Not yet Sent Delvered 0.000 _. Down paynit5 l. Not DelverMl Stir t0 dew. 0.00 USD u Not Invoiced Invoiced 0.000 u S.. !tm IA Material Shpt Text PO Quantity 0...1Dely. hate Net Pyre !Per 0_. W G... ittequbltmer ' T.. Purdiwie ... R... ioutin - MID P Task 1 789 93rd Ave N Repot 2,330.000EA 04/24/2016 1.001 EA UNDERG-D.Dued 9IC230524 1046000 ,20 P Task 2 81994th Ave N Repot 3, 520.00GEA 04/24/2016 1.001 EA UNDERG_D.Duerl ! 10230524 20 46000 ;. _.. ij �J . r __ r r, ti Item Marerral Dom, tRresi�'? .�, S. D We v SShcvdiA DeMr � _ kro_cYe' Conal s rrAccount Assessment L, -i tents ; Oel f: '!L *1, L ? euE u 'f� i2z 3 1 s .1- _, L� lr]) 4 ` 9 Sh. Text ' MvT: Matoral Document Item Pos n9 Date _z Quanuty. De4rery cost. ouvribity OUn t Amount n LC Lar. s Qty in OpUn DezovQty (OPun). War Price WAR t Amount GR 702 5002018!25`1 03jOt12Q35 2,330.000- 0.000 EA 2,330.00- USD 2,330.000- 0.000 EA 2,330.00 - GR 101 sw2¢t7;7z , ' _1 DZj25/Z016 2,330.000 0.000 EA 2,330.00 USD 2,330.000 0.000 EA 2,330.00 TrAv. Goods r- -Pt 0.000 EA 0.00 USD • 0.000 EA D.00 C`,Cwew rw, � t �*- - �.If`Wt P.t-MlW Mt. _I0? 4.:•Pe>s0r;a'vettesg Accu W..I L<.-nrm_7 QStandardP6 is^_Olf55f4 VandOr $101770K'r,.EM5TRU:TIDNL Doc, date Di /20/2016 {r ' DenerylinvoKe COndpont T : extt Add ess tarrrrunxrt»n Partr+ez Or9. Oa7 Custor^ar Daa !�? Active Ordered 5, as0.00o EA 5,C50.00 USD w Not yet Sent Delvered 0.000 _. _.00 Ucn l. Not DelverMl Stir t0 dew. 5, 850.Or,0 Ei 5,850.00 USD u Not Invoiced Invoiced 0.000 u 0.00 USD Down 0.ln rKt 0.00 USD P S., P.rr: A ttate'ial 5110rt Terri PO Q.unOry 0... Dei, Date Net Pnce Per 0... Mat G... RegeNBbner T.: Pwchre ....k... Outine X10 P Task 1 789 93rd Ave N Repair 2,330.000EA 04/24/2016 1.001 EA UdDFRG-.O.Dued i10230SZ-0 10 460000' - 20 P Task 281944th Ave N Repair 3,520.c00EA 04/24!2016 1.001 EA UNDERG_D.Dued _,,'7237524 20 460000: `t { i � �'', uem i?0 �•T7�ic Z31i�.9rltlt#vl f4 t01A7<if � ! r �' MateraiData wantsieMe" its Dehve Scheduh r DeWiry Inv=e COn4Runs Accbunt�°sss�rsrce t1? _ ikdtt2l Wry TeSr 04wec 1!R1} jRLII} I Loo�_Il Iu l Sh, Test' RiT Matemi0ocurrutnt km POSWO Date I QLwtCY Deb" Cog CVanti;y OUn E Amount In LC!Lw E Qty h DPW Dero;tQlf (OPUn) Order Price UnR Z Amount" - GR 0Z'St#IIOf8425 .:2 03J0S.{2416 3,520.000- 0.000 EA 3,520.00- USD 3,520.000- 0.000 EA 3,520.00-1 -&R 101,5¢0 _=_K02j25MI6 -. 3,520.000 0.000 EA 3,520.00 USD 3520.000 0.000 EA 3,520.00 1 Tr.3Ev. Goods rwWpt 0.000 EA 0A0 USO 0.000 EA 0.00 1 r v DO �• Packet Pg. 2332 a IeV C014nty Public Utilities Department Planning & Project Management Division July 26, 2016 ATTN: Jeff Klatzkow County Attorney, Collier County RE: Hitching Post Permanent By -Pass Pump Underground Utilities Contract 14-6213 Purchase Order Number 4500166735 Dear Mr. Klatzkow: Purchase order 4500166735 was approved in accordance with the Public Utilities Planning and Project Management standard automated workflow process in SIRE. This process requires an initial pre -review by Public Utilities Operations Finance and three additional quality control approvals, above and beyond what is required by the Procurement Policy. Reference Attachment 1: Automated Work Order Approval. Based on knowledge and experience, the proposal received from Kyle Construction for purchase order 4500166735 represents fair market value and is reasonable. Reference Attachment 2: Purchase Order, Notice to Proceed, Work Order and SIRE Approval Sheet. The work under purchase order 4500166735 was performed satisfactorily in accordance with the work order. Kyle Construction has a satisfactory performance and warranty record on previous, similar utility related projects. Pre -payment review performed by Public Utilities Operations Finance included in SAP workflow consistent with countywide requirements finds the invoice for work under Purchase Order 4500166735 to be in accordance with Procurement Policy and the terms of the contract and work order. Reference Attachment 3: Goods Receipt. Sincerely, 6smr_4� 6�4�4 f ___ Corinne Trtan Project Manager • � 4 Craig Pajer, P.E. VV Principal Project Manager cc: Dr. George Yilmaz, Public Utilities Department Head Tom Chmelik, Planning and Project Management Division Director 16.F.1.b co y U M a. ro c CD a m a C 0 N N A E z U ro a Planning & Project Management Division - 3339 Tamiami Trail East, Suite 303 - Naples, Florida 34112-5361 -239-252-4285 • FAX 239-252-5378 Packet Pg. 2333 Attachment 1 original Process i. e Multiple signatures required Approvers located in multiple locations throughout the County Series process Required hand routing, scanning/emailing, and multiple parties to expedite approvals 1 Packet Pg 2334 Attachment 1 i"rocess Improvement Team (PIT) Business Objectives • Shorten Work Order approval time (non -BCC less than $200,000) • Eliminate lost Work Orders • Track Work Order approval routing • Provide QA/QC • Ability to measure Work Order approval performance Process improvement Team (PIT) Approach o Determined workflow automation would achieve objectives. 0, Evaluated existing options * SIRE ® SharePoint 0 Selected SIRE o Linked directly to ECM • Mimics the familiar AgendaCentral process • Hyland PO for creating report - January 24, 2014 Pilot testing - Started July 2014 16.F.1.b V) CDW c Cn a S E a 2 y en en w 0 c a Cz L) U w= a� tD T T Co T Y U f4 ti 72 i Q CD r a c N N y s U ti El 2 Packet Pg 2335 Attachment 1 Process Improvement Team (PIT) Approach (continued) * Vetted with stakeholders • Internal Project Managers • Internal Approvers • Clerk of Courts - October 2g, 2014 • County Attorney's Office - November 4, 2014 • Purchasing - December g, 2014 n Formally implemented - January 5, 2015 Flow Does the Automated Process Work? The Project Manager enters Work Order data, and The following documents are saved into SIRE (like AgendaCentral) Work Order (physically signed by vendor only) Vendor's proposal * Quote tabulation if applicable (Not added work, documents were previously scanned/saved for SAP and project records) N N d E 0 N E 0 0 U �s= cp r LL tD r r 09 r U (U d r 0 N d to eva t N -I E u :0 3 Packet Pg. 2336 Attachment 1 P Enters Work order Data ... p0...a � r�4'�-vuw,ro 91�wm:feR� - a • G • - • • rte- imn• �wk• - ,• To submB this form, ltw "Action t2 angtCfZsMIMM b'e kr iF�rk�' Ems? ` ToAOk RM- kdk 1 �Ltx Tat 1 G.F.1.b 2 4 Packet Pg. 2337 Attachment 1 kll approvers receive simultaneous E-mail notification requesting approval P"M Renu+te..ewtcrgroet N Aw MG= M 6 C_- w RS to" wo;"wo-, - --i°--4� —R SM• i; '11.lSw uns l i ;i3 tm6 _ awe wo+t +«rea - eao. oelw Mo.em aeve ow+ et.a ex.oero.+es.. a�.rD - r. ra '' rout• am •nnu».t sengv w twew .: seen - Rer>:arm fea¢. SettweYfow _ .. SM' 1w e114.+V11$Is To' "e (bxYrdeed; ff>.R}Tom Swxa 'tA:WCMtitW nvkplp ROltG NweAHT030[S,:, StAtronvnea"ta rs sago SOM nNtgee- A Work DTderbas be sub.nuedtegtiting}our miew. Pte:te alsete the itemby dirltngob11u link ba—and t.— it ."it tVUr tple[llemCth Ifit dna., then velar".ip¢osx Requert" from the ACTIDN REQUIUM Field. If Y—t VI—it, tbRt sdect 'Reject Regues:," and list the "+ -: seasons in the "Gen—I Notts" field- 'rj61a�. ii'gAr Il4Y'. ltct7;.. _ `,. A-pprover Sees the Work Order Package in SIRE 0 PUD Work Form To submit submit this form, the "Action Requested" field must be changed from "hold" status 3 Attachments 16:F.1:b; 5 Packet Pg. 2338 Attachment 1 Attachment 1: Proposal Attachment 2: Work Order t ¢ 1 `� Ngmttn w copy of Vendor's Proposal 16.F.1.b N C CC C 0 0, Q C 0 M E CL) 0 C 0 Cu :- U w M r t1. r Co n 6 Packet Pg. 2339 i - Attachment 2: Work Order t ¢ 1 `� Ngmttn w copy of Vendor's Proposal 16.F.1.b N C CC C 0 0, Q C 0 M E CL) 0 C 0 Cu :- U w M r t1. r Co n 6 Packet Pg. 2339 Attachment 1 76.F.1:b .r ¢ Packet Pg. 2340 Attachment 1 777 Process Comparison Package Hard Copy r. Proposal ElectronicApproval i. Proposal Includes i. Work Order w/ x. Work Order Signature Page 3. Approval Sheet Approval Method Signature -Serres Electronic -Parallel Remote Approval Scan/Sign/Scan Electronic Vendor Acceptance Signature Signature Tracking Method Manual Automatic Records Retention Manual Backed -up in SIRE Documents saved in t. Proposal i. Proposal SAP i. Work Order w/ i. Work Order Signature Page 3. Approval Sheet "Project Benefits Same approval steps as AgendaCentral; familiar process. o Workflow is pre -determined during WO entry ensuring that the right approvers are included. o Includes QC pre -review by Operations Finance ® Parallel approvals save time. WOs can't get lost in approval routing; they are always saved in SIRE. O Approval record saves tinge tracking down the next approver; easy to see who is left to approve. • Approval authority can be delegated when Out -of -Office. • Provides additional approve QC • Total and individual approval times can be tracked to improve performance. a In summary: Less Time - Better Records 1 6.F.1.b 8 Packet Pg. 2341 Attachment 2: Purchase order Notice to Proceed Work order SIRE Approval Sheet 16.F.1.b Packet Pg. 2342 Send all Invoices to: Collier County Board of County Commissioners Collier County Board of County Commissioners Procurement Services Division Attn: Accounts Payable Phone: 239-252-84070 3299 Tamiami TrI E Ste 700 Fax: 239-732-0644 Naples FL 34112-5749 Tax Exempt: 85-BO15966531C-1 OR email to: bccapcierk@collierclerk.com Vendor# 101770 KYLE CONSTRUCTION INC 3636 PROSPECT AVE NAPLES FL 34104 Please deliver to: PLANNING & PROJECT MANAGEMENT DEPT Attn: Corinne Trtan 3339 TAMIAMI TRL E, STE 303 NAPLES FL 34112-5361 Purchase Order number must appear on all related correspondence, shipping papers and invoices: Purchase order PO Number 4500166735 Date 03111/2016 Conlad Person ww Projects Terms of Payment Net 30 Days Delivery Date: 16.F.1.b iltem Material Description Order Qty Unit Price Per Unit Net Value 00010 Task 1 Install New By -Pass Pump LS 49,975 EA 1.00 49,975.00 Hitching Post Permanent By -Pass Pump #70046.41 Task 1 Install New By -Pass Pump LS $49,975.00 — Item completely delivered "' Total net value excl. tax USD 49,975.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site: http://purchasing.coIliergov.net/Purchasing°/ 20Policy/Forms/AlIItems.aspx, including delivery and payment terms. Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. 2. Notify department Immediately if order fulfillment cannot occur as specified. 3. Send all invoices to: Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Tri E Ste 700 Naples FL 34112-5749 OR email to: bccapcierk@collierclerk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: f.. _�•.– Allison Kearns, Interim Director, Procurement Services Division Printed 07/26/2016 @ '12:05:06 414-263614-631400-70046,41 - — Packet Pg. 2343 16.F.1.b Plannirni 8 Pro.ect Managetrwnt Division - 3339 Tamiami Trail East, Suite 303 • Naples, Florida 34112.5361 -239-252-4285 - FAX 239-252-5378 Packet Pg. 2344 Cao ler CoUnty Public Utilities Department Planning & Project Management Division March 11, 2016 w d Kyle Abraham R Kyle Construction, Inc. C 3636 Prospect Ave. Naples, FL 34104 a C RE: NOTICE -TO -PROCEED FOR Hitching Post Permanent By -Pass Pump o Contract No. 14-6213 Cn Purchase Order/Work Order No. 4500166735 E Collier County Project No. 70046.41 0 Dear Mr. Abraham: c 0 U This letter serves as Collier County's official NOTICE TO PROCEED (NTP) to your Company to commence with the above referenced project. This NTP is issued pursuant to Contract #14-6213. The purchase order number is shown above and a copy of the P.O. is enclosed. This NTP is limited to the scope of work for: Hitching Post Permanent By -Pass Pump for the lump sum price of $49,975.00.00 To facilitate the payment process, please include the following information on each invoice: The beginning and ending billing dates; the purchase order/work order number written above, as well as the Collier County project number. Also, please describe clearly which task(s) isiare being billed to, and do not invoice more than is remaining in a particular task. Lastly, please mark the final invoice as "FINAL". Q Commencement date for the services associated herewith shall be considered to be, :c. March 14, 2016. Final completion of all work shall be considered to be September 10, 2016, a total of 180 days. No work is authorized after the final completion date herein = unless the time of the contract/work order is extended on or before the final completion date. Invoices for unauthorized work will not be paid. o If you have any questions, please contact me. N Sincerely, a 'dt i f4 t rh1 ..wt E Corinne Trtan w Project Manager a C: Swainson Hall, Procurement Strategi Plannirni 8 Pro.ect Managetrwnt Division - 3339 Tamiami Trail East, Suite 303 • Naples, Florida 34112.5361 -239-252-4285 - FAX 239-252-5378 Packet Pg. 2344 WORK ORDER/PURCHASE ORDER Contract 14-6213 "Annual Contract for Underground Utility Contracting Services" Contract Expiration: July 7, 2016 This Work Order is for professional underground construction services for work known as: Project Name: Hitching Post Permanent By -Pass Pump Project No: 70046.41 The work is specified in the proposal dated February 23, 2016 which is attached hereto and made a part oftltis Work Order. In accordance with Terrns and Conditions of the Agreement referenced above, this Work Order/Purchasc Order is assigned to: Kyle Construction. Ine. Set of,�'c�ork� As detailed in the attached proposal and the following: * Task i Install new by-pass pump Schedule- or C4'ork Complete work within 180 flays from the date of the Notice to Proceed Which is accompanying this Work Order. 'File Conwulttant agrees that any Work Order that extends beyond the e%piration date of Agreement tl 14-6213 Neill urvive and remain subject to the terms',"'([ conditions of that Agreement until the completion or termination of this Work Order. C'onitaensatic7n: In accordance with the Agreement referenced above, the County will compensate the Firth in accordance with following method(s): ®Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material (T&M) (established hourly rate — Schedule A) ❑ Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Task 1 $ 49,975.00 LS TOTAL FEE $ 49,975.00 PREPARED BY: Corinne Ti -tan, Project Manager rA i Pagel of 2 16.F.1.b N Q1 C d v a� N Q c 0 N E iv 0 C 0 :C U LL. r 00 Packet Pg. 2345 16.F.1.b By the signature below, the Firm including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Finn agrees to notit�' the Procurement Director, in writingwithin 48 hours of learning ofariy actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Kyle Construction, Inc - ;V tieAne oeTitic of Autli�Company Officer Drttc Page 2 of 2 Packet Pg. 2346 KYLE CONS7"R.uC7TION, INC. 3636 PROSPECT AVENUE NAPLES, FL 34104 Ph: 643-7059 Fax: 643-4679 NAME ADDRESS COLLIER COUNTY GOVERNMENT ATTN: CRAIG PAIGER PROPOSAL DATE 22316 JOB NAME HITCHING POST PERMANENT BY PASS PUMP ITEM DESCRIPTION QTY UNIT COST TOTAL I I POUR NEW PAD FOR I LS $49,975.001 $49,975.00 THOMPSON BACK UP PUMP. TRANSPORT PUMP FROM SCRWTP TO SITE. SET & ANCHOR PUMP. DEMOLISH EXISTING VALVE VAULT, POUR SLAB & BRING PIPING ABOVE GROUND'vv/ HDPE. PLUMB PUMP. PROVIDE TANK j TESTING ONCE PUMP IS SET. WIRE NEW PUMP TO SCADA SYSTEM. COLLIER COUNTY TO SUPPLY ALL PIPE, j FITTINGS, VALVES, & ACCESSORIES. TOTAL PROPOSAL: $49975.00 INCLUDE ALL LABOR & EQUIPMENT. c R c Q E 0 4 N 0 C 0 :a U cp T a� U CL c Q N Q T 0 N cv E r U ZA Packet Pg. 2347 COLLIER COUNTY Public Utilities Division Work Order Approval Sheet Project Name: Hitching Post Permanent Bypass Pump Project Number: 70046.41 Submitted and Approved By Page 1 of 1 Project Number: 70046.41 Date TrtanCorinne 02/26/2016 16:45:11 Approved By Date WolinKelli, 03/07/2016 14:28:51 Accountant, Utilities Finance Operations PajerCraig, Project Manager, Principal, Public Utilities Engineering NagySteve, Manager - Wastewater Collection, Wastewater ChmelikTom, Division Director - Public Utilities Eng, Public Utilities Engineering JohnssenBeth, Division Director - Wastewater, Wastewater FeirBryan, Planning & Project Management - PUD 03/07/2016 14:32:29 03/07/2016 14:54:06 03/07/2016 15:07:32 03/08/2016 11:37:52 03/09/2016 09:19:23 16.F.1.b' 2 Packet Pg. 2348 16.F.1.b Attachment 3: Goods Receipt S+retarp►d!'+!D9�f[147�Y6G733C7x�rt�ddrYRattdY.7'or�a�, _ y DOOM*nt Overvrw on dj' ,Cl 0Pr 01emw Messages [(� .;,7 Derso+ui 5ettn4 Accouritno DOWT*Ots 5xarWxd PO 4540ifi6755 gender 101770 KYLE CONSTRUCTIM I_ DOG date 0111112016 ' kewi[e i- C.Orsdturs r Tuts k'.Addcas r''foirrit+ntcatbn • Pxtndts r . WU ..' , . `04tormOstk A.U. Ordered 49,915.000 7A 49,975.00 USD Not Yet Sent Dekwed 49, 975.000 rA 49, 975.00 USD wly DeWered Stl t0 deW. 0.000 LA 0.00 USD E; Not krwxw kwolced 0.000 ca 0.00 USD Down Paymu 0.00 USD F S.. km A Material Short Text PO Quan" 0... DeW. Date Not fte ,Per -0— Mad C— ReOusboner T- Purdase .... FL.. ' Oufte A D Task 1 katal New OH-0ass Pump LS 49, 97S.044fA 09/10/2016 1.001 EA UtMM6..C.Tttan 1023302e 10 4600043- LJ �� s ��� C� i� itv- Okem .(10 ]Tack 1 Install New By -Pass Pump L5� DiG=.. Qwr W741phtT :. D~ Sdieduie r 0~ t Invoke. 4 CorvRsons AC[00rt { 'Matetgi Sh. Te MvT Miterttl Document Item Posmg Date _- QwMty. tseWM cost 9wntty Min 1 Amount in LC Lcur.t Qty h OPUn DeXO9Qty (OPun).Order P... s Amount. GR i01,5Q]($Q=jjj, 7 :: 1 %ta 219416 .. 49,97SAMO 0.000 EA .49,975.00. USO 49,975.000 D.00D EA 49.975.00 Tc./Ev. Goods recerpt 19.975.000 EA • +19 9 "aK= USD . 49,975.000 EA 49,975.00 Packet Pg. 2349 16.F.1,b o fler County Public Utilities Department Planning & Project Management Division July 26, 2016 _ ATTN: Jeff Klatzkow County Attorney, Collier County RE: Park Avenue Sewer Lateral Underground Utilities Contract 14-6213 Purchase Order Number 4500165598 0 Dear Mr. Klatzkow: E Purchase order 4500165598 was approved in accordance with the Public Utilities o Planning and Project Management standard automated workflow process in SIRE. This o process requires an initial pre -review by Public Utilities Operations Finance and three M additional quality control approvals, above and beyond what is required by the Procurement Policy. Reference Attachment 1: Automated Work Order Approval. r Based on knowledge and experience, the proposal received from Kyle Construction for purchase order 4500165598 represents fair market value and is reasonable. Reference Attachment 2: Purchase Order, Notice to Proceed, Work Order and SIRE Approval S h eet. co r The work under purchase order 4500165598 was performed satisfactorily in accordance Y with the work order. Kyle Construction has a satisfactory performance and warranty Q record on previous, similar utility related projects. Pre -payment review performed by Public Utilities Operations Finance included in SAP workflow consistent with countywide requirements finds the invoice for work under Purchase Order 4500165598 to be in ¢ accordance with Procurement Policy and the terms of the contract and work order. Reference Attachment 3: Goods Receipt. Sincerely, a N ry Corinne Trtan Craig Pajer, P.E. ?' Project Manager Principal Project Manager cc: Dr. George Yilmaz, Public Utilities Department Head Tom Chmelik, Planning and Project Management Division Director Ant Planning & Projei-tWanageznent Division • 3339 Tamiami Trail East, Suite 303 • Naples, Florida 34112-5361 -239-252-4285 • FAX 239-252-5378 Packet Pg. 2350 Attachment 1 -O-r iginaI Process Paper Work Order Form Multiple signatures required * Approvers located in multiple locations throughout the County * Series process * Required hand routing, scanning/emailing, and multiple parties to expedite approvals 16.F.1.b 1 Packet Pg. 2351 Attachment 1 Prc~ess Improvement Team (PIT) Business Objectives • Shorten Work Order approval time (non -BCC less than $200,000) • Eliminate lost Work Orders • Track Work Order approval routing • Provide QA/QC Ability to measure Work Order approval performance Process Improvement Team (PIT) Approach * Determined workflow automation would achieve objectives. • Evaluated existing options • SIRE • SharePoint Selected SIRE • Linked directly to ECM • Mimics the familiar AgendaCentral process • Hyland PO for creating report - January 24, 2014 Pilot testing - Started July 2014 1 6.F.1.b as M a 0 E 0 c 0 R ino cri Cov x U Cz ti Q N a r 0 N N E U M w 4 2 Packet Pg. 2352 Attachment 1 -Process Improvement Team (PIT) Approach (continued) * Vetted with stakeholders Internal Project Managers • Internal Approvers + Clerk of Courts - October 29, 2014 * County Attorney's Office -November 4, 2014 # Purchasing - December g, 2014 * Formally implemented - January 5, 2015 yHow Goes the Automated Process Work? The Project Manager enters Work Order data, and The following documents are saved into SIRE (like AgendaCentral) • Work Order (physically signed by vendor only) • Vendor's proposal • Quote tabulation if applicable (Not added work, documents were previously scanned/saved for SAP and project records) 16.F.1.b 3 Packet Pg. 2353- Attachment 1 iVl Enters Work 0rcc_er Data G+o.nua:..mmc r� -..00M I!Muacn„ur_ . C . a - [IF. Smey. T'a " E Pwwort 61wifirm --.�.---- ----- ---- r To subm@ this toren, the "Actlon fiaquectea tloWmubt be ihengaCt.trw Mho a amus 1 f tb7 P. R�essr; Praed pane Cootrxt Ntask� Phi A�yy.+��ns� Err�y�e IM Wol Y q \ Si,�k a ie�a�xj� RduM'! \ \ TOUA at t .�. .. .. .. Q:xHi+o-ce)Orneafrde4rn .� ♦.i'F - . 16.F.1.b` 4 Packet Pg. 2354 Attachment 1 �11 }approvers receive simultaneous E-mail notification requesting approval s..♦ _. CM3: PaesW re�•w"ta VtiF�lMnM'MYJt12.5gC6Canwusnm?St50t4VWam �';weRske saw ,en.re tisu" wtnr. lr to Srwr. otnn :Hors .... exsw+a.sarer wn.. sn re seWc- w.a ,usa:, s.nx, ua- s>n.rw tts.ka• Frac 4eWVVbw Sr.0 iv. H1:Vi11:Y FM To, eCorKt+,i e'ana#Tu" cc WQM4 W raR•1D"nxar nM«Iw,keKCliue:rt�tCId72:,iW6Conren,a"Ia�4aWefla*Rrtfurs A Wolk Orderhas been. mhautscd requiring your,e iew. Pleauapen:hc }tan ky di&ms mr thellnk bdti and re— k rneeti lrour r.gakmirna. iC#dors. that sctM'ApPtarc Requeu" from the ACTION REQUIRED field. If you carrot aopmw it, then select "Rated Request," and list the —w in the "G.—I Notes" fidd f� 4Cratp Wotiikmr ham Package—Approver Sees the Work Order PUD Work ordar���t����W"1pat`w" ��'" Perm ,.. To submit this farm, the "Action Requested" field i • must be changed from "hold" status 16.F.1.b 5 Packet Pg. 2355 Attachment 1 Attachment 1: Proposal pr.,. Attachment 2: Work Order Yr.#.^. •.ea as......ar...n ✓.,.�.....wrvYa..rmr..srn a Copy " vendor's Proposal 16.F.1.b aT _ w C Cn Q c E 0 U) E a) 0 _ 0 M U fC r 11.. Cp r r Co U Y U R CL M v Q ca N O N CCT N 7 N E U w Q 6 Packet Pg. 2356 oo i pr.,. Attachment 2: Work Order Yr.#.^. •.ea as......ar...n ✓.,.�.....wrvYa..rmr..srn a Copy " vendor's Proposal 16.F.1.b aT _ w C Cn Q c E 0 U) E a) 0 _ 0 M U fC r 11.. Cp r r Co U Y U R CL M v Q ca N O N CCT N 7 N E U w Q 6 Packet Pg. 2356 Attachment 1 t- h r Attachment 3: Approval Sheet ('ULLICN IYHWI\' PWCUOWf DMfla� i T•Ciaa .�.t�r+•ra+ea+ra. ._ __..� Waaf ONw bOmvaiSMN Yrflrpeao•:' SIIDf <eM+nbnY •11sfq lif•P1fW11f vw ,laa[nm ims'���we. de 4 �.wua.arrr,nrn aae _ _.._ �r'wn5,r+. Za� w. uw�wmlrw�+.s cmed�. „aq 1•ru nu-iex�.wasr � 1 V�af Mu�apa.tN�er .xlxtNFL In _ nawa.w«r waer c�Pr.wm oviam+a Pmrn)MneT.. Nv{M Vudr.11eMc+fM - I l,vu � � �� _ rf••+rr.«/wr.tw.�e. i.rr..aw+•++....a.�f...v.u• ORIrvlCie 'i Pm'e Me•9'.�. en Ad,Piwrc UYl�Ms[^P��•e•9 iE l9 a+ I A[CCND)Dl r. � e..meumse.maxauia.� vNm iaJW Fauv.le .• f•• SIRE -Generated 111 ii.ay.���vAe~ie.x� u. Sheet Substitutes for WO signature Section 16.F•1.b 7 Packet Pg. 2357 Attachment 1 +� Same approval steps as AgendaCentral; familiar process. Workflow is pre -determined during WO entry ensuring that the right approvers are included. Includes QC pre -review by Operations Finance Parallel approvals save time. • WOs can't get lost in approval routing; they are always saved in SIRE. • Approval record saves time tracking down the next approver; easy to see who is left to approve. • Approval authority can be delegated when Out -of -Office. • Provides additional approve QC • Total and individual approval times can be tracked to improve performance. • In summary: Less Time - Better Records 16.F.1.b N N Q c E 0 N E m 0 C 0 M R U w= m LL: r er co r- V Y v CL cc c CD Q m N Q _c 0 N N E U w 4 8 Packet Pg. 2358 Process Comparison Approval Package Hard Copy i. Proposal I Electronic i. Proposal Includes z. Work Order w/ z. Work Order Signature Page 3. Approval Sheet Approval Method Signature -Series Electronic -Parallel Remote Approval Scan/Sign/Scan Electronic Vendor Acceptance Signature Signature Tracking Method Manual Automatic Records Retention Manual Backed -up in SIRE Documents saved in i. Proposal i. Proposal SAP z. Work Order w/ z. Work Order Signature Page 3. Approval Sheet +� Same approval steps as AgendaCentral; familiar process. Workflow is pre -determined during WO entry ensuring that the right approvers are included. Includes QC pre -review by Operations Finance Parallel approvals save time. • WOs can't get lost in approval routing; they are always saved in SIRE. • Approval record saves time tracking down the next approver; easy to see who is left to approve. • Approval authority can be delegated when Out -of -Office. • Provides additional approve QC • Total and individual approval times can be tracked to improve performance. • In summary: Less Time - Better Records 16.F.1.b N N Q c E 0 N E m 0 C 0 M R U w= m LL: r er co r- V Y v CL cc c CD Q m N Q _c 0 N N E U w 4 8 Packet Pg. 2358 Attachment 2: Purchase Order Notice to Proceed Work Carder SIRE Approval Sheet 16.F.1.b LL Packet Pg. 2359 Send all invoices to: Collier County Board of County Commissioners Collier County Board of County Commissioners Procurement Services Division, Attn: Accounts Payable Phone: 239-252-8407 { .- ; 3299 Tamiami Trl E Ste 700 Fax: 239-732-0844 Naples FL 34112-5749 Tax Exempt: 85-8015966531 C-1 OR email to: bccapcierk@collierclerk.com Vendor# 101770 KYLE CONSTRUCTION INC 3636 PROSPECT AVE NAPLES FL 34104 Please deliver to: PLANNING & PROJECT MANAGEMENT DEPT Attn: Corinne Trtan 3339 TAMIAMI TRL E, STE 303 NAPLES FL 34112-5361 Purchase Order number must appear on all related correspondence, shipping papers and invoices: Purchase order PO Number 4500165598 Date 01/21!2016 Contact -erson WW Projects Delivery Date: 04/20/2016 Terms of Payment Net 30 Days 16.F.1.b Item Materia! Description Order Qty Unit Price Per Unit Not Value r 00010 Task 1 Install new sewer lateral LS 49,697 EA 1.00 49,697.00 719 Park Ave. Sewer Lateral 70043.21.1 Task 1 Install new sewer lateral for 719 Park Ave. LS $49.697.00 Total net value excl. tax USD 49,697.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site: http:/ipurchasing.coIliergov.neUPurchasing%2OPolicy/Forms/AllItems.aspx, including delivery and payment terms. Further the VENDOR agrees to: 1, Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. 2. Notify department immediately if order fulfillment cannot occur as specified. 3. Send all invoices to: Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Tri E Ste 700 Naples FL 34112-5749 OR email to: bccapcierk@collierclerk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: Allison Kearns, Interim Director, Procurement Services Division Q Printed 0 712 612 0 1 6 @ 12:04:M 414-263614-634999-70043.21.1 Packet Pg. 2360 C0117CY County Public Utilities Department Planning & Project Management Division January 21, 2016 Kyle Abraham Kyle Construction, Inc. 3636 Prospect Ave. Naples, FL 34104 RE: NOTICE -TO -PROCEED FOR 719 Park Ave. Sewer lateral Contract No. 14-6213 Purchase Order/Work Order No. 4500165598 Collier County Project No. 70043.21.1 Dear Mr. Abraham: This letter serves as Collier County's official NOTICE TO PROCEED (NTP) to your Company to commence with the above referenced project. This NTP is issued pursuant to Contract #14-6213. The purchase order number is shown above and a copy of the P.O, is enclosed. This NTP is limited to the scope of work for: 719 Park Ave. Sewer lateral for the lump sum price of $49,697.00. To facilitate the payment process, please include the following information on each invoice: The beginning and ending billing dates; the purchase order/work order number written above, as well as the Collier County project number. Also, please describe clearly which task(s) is/are being billed to, and do riot iilyolce more than i5 rernaming in a particular task. Lastly, please mark the final invoice as "FINAL". Commencement date for the services associated herewith shall be considered to be January 21, 2016. Final completion of all work shall be considered to be April 20, 2016, a total of 90 days. No work is authorized after the final completion date herein unless the time of the contract/work order is extended on or before the final completion date. Invoices for unauthorized work will not be paid. If you have any questions, please contact me. Sincerely, Corinne Trtan Project Manager C: Swainson Hall, Procurement Stra Planning & Proei Managerrmt DNision . 3339 Tamiarni Trail East, Suite 303 - Naples, Florida 34112-5361 •239.252-4285 - FAX 239-252-5378 16.F.1.b _ a E 0 L 4- N E 0 c 0 M U u; co V. Packet Pg. 2361 16.F.1.b WORK ORDER/PURCHASE ORDER Contract 14-6213 "Annual Contract for Underground Utility Contracting Services" Contract Expiration: July 7, 2016 This Work Order is for professional underground construction services for work known as: Project Name: 719 Park Ave. Sewer lateral Project No: 70043.2 1.1 The work is specified in the proposal dated January 7, 2016 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/Purchase Order is assigned to: Kvle Construction. Inc. Scope of Work: As detailed in the attached proposal and the following: * Task i install new sewer lateral for 719 Park Ave. Schedule of Work: Complete work within 90 days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement 4 14-6213 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Comyensation: hi accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s). ®Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑Time & Material (T&M) (established hourly rate — Schedule A} u Cost Plus Fixed Fee WPM, (define which method will be used for which tasks) as provided in the attached proposal. Task I S 49,697.00 LS TOTAL FEE $ 49.697.00 PREPARED BY: Corinne Trtan, Project Manager f , r f r L Pa<ue I of 2 Packet Pg. 2362. 16.F.1.b By the signature below. the Firm (including employees, officers an&or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concealing past, present, or currently planned interest or activity (financial. contractual, organizational, or otherwise) which relates to the proposed vN ork: and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning ofany actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Kyle Construction, Inc. a tc `title of Authorized Company Officer Jas -fee. .s ,Vel _ i � _ Dat Page 2 of 2 Packet Pg. 2363 KYLE CONST'RUC7 0N, INC. 3636 PROSPECT AVENUE NAPLES, FL 34104 Ph: 643-7059 PROPOSAL DATE 1/07/16 INCLUDES ALL PARTS, LABOR & EQUIPMENT. 16..F.1.b N w c N Q C E 0 L tn E 0 0 ca U r u: r r ti CL a c N CD N a r Q3 E r U r�+ Q Packet Pg. 2364 Fax: 643-4679 JOB NAME 719 PARK AVE. SEWER NAME ADDRESS LATERAL COLLIER COUNTY GOVERNMENT ATTN: CRAIG P. ITEM DESCRIPTION QTY UNIT COST TOTAL 1 INSTALL NEW SEWER 1 LS $49,697.00 $49,697.00 LATERAL FOR 719 PARK AVE. CONTRACTOR TO RESTRAIN EXISTING j LINER IN CLAY MAIN TO I PREVENT "SNAP BACK". ALSO TO INCLUDE DE- WATERING, M.O.T, & ALL PARTS & RESTORATION. i **DOES NOT INCLUDE ANY PERMITS OR ASSOCIATED FEES, R.O.W, ect. r I � 1 F- TOTAL PROPOSAL: $49697.00 � I INCLUDES ALL PARTS, LABOR & EQUIPMENT. 16..F.1.b N w c N Q C E 0 L tn E 0 0 ca U r u: r r ti CL a c N CD N a r Q3 E r U r�+ Q Packet Pg. 2364 Page 1 of 1 Project Number: 70043.21.1 COLLIER COUNTY Public Utilities Division Work Order Approval Sheet Project Name: 719 Park Ave. sewer lateral Project Number: 70043.21.1 Submitted and Approved By Date TrtanCorinne 01/11/2016 15:12:13 Approved By Date WolinKelli, 01/13/2016 12:25:03 Accountant, Utilities Finance Operations NagySteve, Manager - Wastewater Collection, Wastewater PajerCraig, Project Manager, Principal, Public Utilities Engineering ChmelikTom, Division Director - Public Utilities Eng, Public Utilities Engineering JohnssenBeth, Division Director - Wastewater, Wastewater FeirBryan, Planning & Project Management - PUD 01/13/2016 13:25:01 01/13/2016 1431:23 01/13/2016 14:47:09 01/19/2016 14:30:59 01/20/2016 10:53:48 16.F.1.b L N Q c F 0 0 C O Y U t- M u: r co r U CL M 0 Q w r_ QS N Q C to r O N t4 N 7 7 C O E U t� Y Q Packet Pg. 2365 Attachment 3: Goods Receipt .aosno:6�sssrrc�dvr*rayos Daaurrent6verrewDi 7! (jiamtPrevew HeSteQeS ] m5aerson Settnq ACMuntnoDocumessts ®S�ndard a0 �4600I65549. Venda 105770 KYlE CONSTRUCTiOM I.. Doc. date 01/21126-36- .....;_. :.. ._ ._... .. �ki D _ krvece Core4Eass .'.7exts Addfesc a*tnas � Dasa „MCustymerQaur -. L Active Ordered 44,644.000 FA 49,691.00 USO Not vet Sent DeWred 0.000 a 0.00 USO Not Delivered Std to dew. 44, 697.000 EA 49, 691.00 USO �.' Not invoiced Invoked G.000 FA 0.00 USD Down pa/m[5 0.00 USO S,. tim A 114terel IShart Tart X10 P Task I D,6tA now sewer ttteral LS '.PO Quantty 0... Oe*. Data Net Pnce !Per 0... Nall G... Re9ui10oner T.. Purohm ... R... Outlne A 49,697.000FA 0412012026 1.001 EA UEO RG_GTrran {t`;10211391 It 46000GT 51tem M7t"l Ma . Quj e�nnts' Detvery Schedule ,. C*Wm -, lovooe Condtions ; AOrosnt .i� ..,. .,x. _ .x.17, . ,,_._..,,.c.�..... --tll I+�frV-rUUF ...IU` L4yIl lull Sh. Text -64YT. Name! DoturrcOt ft em Po%tn9 late % QuanW OeNery cosi oWtty 00I Anount an LC L.cur IQty n OPUn DproaQty (OPUn) Order Price UnA:l2 Amount,( GR 102 SWIM24 . 'I 03/0=16 49,647.00- 0.006 EA 49,697.06- USD 49,697.000- 0.000 EA 49,697.00. l GR 10i'5004017438, I , O1f POIF 49,697.00 6.000 FA 49,697.00 USD 49,697.000 0.000 EA 49,697.00 l Tr.7Ev. Goods recewt 0.000 EA 0.00 USD . 0.000 EA 0.00 1 16.F.1:b IN Packet Pg. 2366 16.F.1.b 07/26/2016 EXECUTIVE SUMMARY To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn CD for the periods between June 30 to July 13, 2016 pursuant to Florida Statute 136.06. 2 M c OBJECTIVE: To record in the minutes of the Board of County Commissioners the disbursement listing for the periods between June 30 to July 13, 2016. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(l), the Clerk's o office requests that these listings be made part of the official records of the Board of County M Commissioners. Approval of the following documents by the County Manager is subject to formal ratification by the ° Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the .o document(s) shall be enforceable against Collier County only to the extent authorized by law in the M absence of such ratification by that Board. M C GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as presented on the attached reports. RECOMMENDATION: That the disbursements be recorded in the minutes of the Board of County Commissioners pursuant to Florida Statute 136.06. PREPARED BY: Robin Sheley, Operations Manager 'AI TACiiiJfiENTiSj 1. [Linked] 07-13-2016 Disbursements (PDF) Packet Pg. 2367 16.F,1.b 07/26/2016 COLLIER COUNTY Board of County Commissioners Item Number: 13.A Item Summary: To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between June 30 to July 13, 2016 pursuant to Florida Statute 136.06. a) Meeting Date: 07/26/2016 Prepared by: Title: Fiscal Technician I — Clerk of the Circuit Court Name: Jennifer Milum 07/20/2016 1:12 PM Submitted by: Title: Fiscal Technician I — Clerk of the Circuit Court Name: Jennifer Milum 07/20/2016 1:12 PM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Nick Casalanguida Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 07/20/2016 2:17 PM T T Completed 07/21/2016 10:14 AM Y Completed 07/26/2016 2:39 PM L) ti CL Completed 07/27/2016 10:05 AM sa 07/26/2016 12:00 AM Q R Packet Pg. 2368 16.F.1.b 07/26/2016 EXECUTIVE SUMMARY To provide the special interim reports for approval as detailed in Section 2c of the agreed-upon order dated July 16, 2015 by Judge James R. Shenko in the manner requested by the Board of County Commissioners (previously included in item 16.I). OBJECTIVE: To provide to the Board of County Commissioners the listing of invoices and purchasing card procurements for Board approval as provided for in Section 2c of the agreed- upon order dated July 16, 2015 by Judge James R. Shenko. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. CONSIDERATIONS: At the June 10, 2016, meeting of the Board of County Commissioners, the Board discussed the report as submitted under 16.I of the Board's agenda. The County Manager asked that it be placed under item 16.J on future agendas. The Clerk's responsibility under the court order is to provide these reports to the Board, and he has no objection to moving them to this placement as requested. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as presented on the attached reports. RECOMMENDATION: For Board action pursuant to the agreed court order. PREPARED BY: Robin Sheley, Operations Manager ATTACHMENT(S) 1. 7.20.16 P -Cards to be Approved by BCC (PDF) 2. 7.20.16 Invoices to be Approved by BCC (PDF) Packet Pg. 2369 16.F.1.b 07/26/2016 COLLIER COUNTY Board of County Commissioners Item Number: 133 Item Summary: To provide the special interim reports for approval as detailed in Section 2c of the agreed-upon order dated July 16, 2015 by Judge James R. Shenko in the manner requested by the Board of County Commissioners (previously included in item 16.1). Meeting Date: 07/26/2016 Prepared by: Title: Fiscal Technician I — Clerk of the Circuit Court Name: Jennifer Milum 07/20/2016 1:11 PM d ro d s? c E 0 N Submitted by: Title: Fiscal Technician I — Clerk of the Circuit Court o Name: Jennifer Milum c 07/20/2016 1:11 PM o ro U Approved By: Review: Office of Management and Budget Budget and Management Office County Attorney's Office County Manager's Office Board of County Commissioners Valerie Fleming Level 3 OMB Gatekeeper Review Mark Isackson Level 3 OMB 1st Reviewer 1-4 Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending r ro Completed 07/20/2016 2:35 PM Completed 07/21/2016 10:15 AM 00 Completed 07/26/2016 2:39 PM CD Completed 07/27/2016 10:03 AM 07/26/2016 12:00 AM Packet Pg. 2370 16.F.1.b c CD CD a tC cu V) .L2 a c 0 E CD 0 O U r to CIDv N Y U ti G. `G ar 0 c a t.0 O cV ( N 7 n c 0 E L U 4, Packet Pg. 2371 1 0 U Y Z==CQ LLJ �> W W LLI I LU W U U U W U I W! U W' W U U W U W J I J 0 0 U''W f� D a (A v- _ 01- r F- a CD�a!aaaaaaaa�aa Q_ LU OO J'.J J.J - F -v O O Z12.2'IZ W10101XXI<1 m!�OU� C. L NOUcnmLj r J a Z I-- LL LL a m W 0 C� O Z a WIa.IWaIWIW!aW I- I I- F- F- O IY Y IY ' F- Y : F- I IY IY I- F '. 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