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Agenda 06/09/2015 Item #16D 7 6/9/2015 16.D.7. EXECUTIVE SUMMARY Recommendation to authorize a budget amendment for a Community Development Block Grant (CDBG) subgrant in the amount of $94,265 to fund the design and permitting of the Immokalee Sports Complex Fitness Center expansion project. OBJECTIVE: To use $94,265 in CDBG federal grant revenue to fund the Immokalee Sports Complex Fitness Center expansion project. CONSIDERATIONS: On February 17, 2015, the County Manager in accordance with CMA5330 approved submission of the CDBG grant application by Parks and Recreation Division staff to the Community and Human Services Division(CHS). On May 26, 2015, (Agenda item 16D6) the Board approved a subrecipient Memorandum of Understanding between CHS and the Parks and Recreation Division to fund the design, permitting and environmental assessment for the expansion of the Immokalee Sports Complex Fitness Center. This item is to recognize the $94,265 subgrant. FISCAL IMPACT: Upon approval of this Budget Amendment, funds in the amount of$94,265 for the grant funded project will be available in the Public Services Department Grant Fund 709, Project#33422- 01. There is no match requirement for this grant. GROWTH MANAGEMENT IMPACT: This project meets the current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: No legal issues are raised by this item which is ready for Board action and requires a majority vote.—JAB RECOMMENDATION: That the Board of County Commissioners approves a budget amendment for $94,265 of CDBG grant funding for FY2015-2016 for the expansion of the fitness center at the Immokalee Sports Complex. Prepared by: Natali Betancur, Operations Analyst, Parks and Recreation Division Attachments: Subrecipient MOU Packet Page-887- 6/9/2015 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to authorize a budget amendment for a Community Development Block Grant (CDBG) subgrant in the amount of$94,265 to fund the design and permitting of the Immokalee Sports Complex Fitness Center expansion project. Meeting Date: 6/9/2015 Prepared By Name: BetancurNatali Title: Operations Analyst,Parks &Recreation 5/8/2015 12:19:44 PM Submitted by Title: Division Director-Parks &Recreation,Parks &Recreation Name: WilliamsBarry 5/8/2015 12:19:45 PM Approved By Name: TownsendAmanda Title: Division Director-Operations Support,Public Services Department Date: 5/11/2015 4:27:31 PM Name: WilliamsBarry Title: Division Director-Parks &Recreation,Public Services Department Date: 5/12/2015 4:50:21 PM Name: Washburnllonka Title: Manager-Park Operations,Public Services Department Date: 5/15/2015 8:21:42 AM Name: Joshua Thomas Title: Grants Support Specialist, Grants Management Office Date: 5/15/2015 8:29:31 AM Packet Page-888- 6/9/2015 16.D.7. Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 5/15/2015 9:15:36 AM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 5/19/2015 1:09:01 PM Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 5/20/2015 1:33:08 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/20/2015 2:27:12 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 5/20/2015 5:15:02 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/22/2015 5:12:15 PM Packet Page-889- 6/9/2015 16.D.7. Grant# B-05-UC-12-0016 CFDA/CSFA# 14.218 Recipient Parks and Recreation Division FAIN No R&D No DUNS# 076997790 FEIN# 59-6000558 Fiscal Year End 9/30 Monitor End: 05/2021 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COMMUNITY AND HUMAN SERVICES(CHS)DIVISION AND THE COLLIER COUNTY PARKS AND RECREATION DIVISION FOR DESIGN AND ENGINEERING FOR EXPANSION OF THE FITNESS CENTER THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of 2015, by and between Community and Human Services(CHS) Division and Parks and Recreation Division (PARKS), both divisions of Collier County,a political subdivision of the State of Florida. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974(as amended); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan—One year Action Plan for Federal Fiscal Year 2014-2015 for the CDBG Program with Resolution 2014-129 on June 24, 2014—Agenda Item 16D8; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on April 20, 2015 with a 30 day Citizen Comment period from April 20, 2015 to May 20, 2015,funding the Immokalee Sports Complex Fitness Center; and WHEREAS, the responsibilities and obligations of each in the undertaking the CDBG Design & Engineering for Expansion of the Immokalee Sports Complex Fitness Center is set forth herein; and NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is acknowledged by the divisions as follows: Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 1 Packet Page-890- 6/9/2015 16.D.7. PART SCOPE OF WORK PARKS shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance, as determined by CHS, to perform the tasks necessary to conduct the program as follows: Project Component One: Expansion of the Immokalee Sports Complex Fitness Center. Funding costs will include but not be limited to the following expenses: CHS, as an administrator of the CDBG program, will make available CDBG funds up to the gross amount of$84,265 to Parks to fund Design and Permitting activities such as, but not limited to, civil engineering, site plans, architectural services, surveying, and permitting fees and all costs associated with the Expansion of the Immokalee Sports Complex Fitness Center located in Immokalee, FL and; Project Component Two: Environmental Review/Environmental Assessment costs in the amount of$10,000. Specifically, improvements identified for funding are outlined in the Project Details Section 1.2. The detailed project scope will be contained in the schedule of values or contractor pricing awarded in the project's construction contract, if applicable.The Project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment, if applicable. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty(30) calendar days of the execution of this MOU, Parks must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by PARKS' governing body within thirty(30)days of this MOU: ❑ Affirmative Fair Housing Policy • Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy • Procurement Policy ❑ Uniform Relocation Act Policy • Sexual Harassment Policy • Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C.7941 u) ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.794) Collier County Parks and Recreation Division C014—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 2 Packet Page-891- 6/9/2015 16.D.7. Fraud Policy 1.2 PROJECT DETAILS A. Project Description/Project Budget Design and Permitting Costs for Expansion of Immokalee Sports Complex Fitness Federal Amount Center Project Component 1: Design and Permitting Costs to include but not be limited to $84,265.00 civil engineering, site plan, architectural services, surveying, and permitting and associated costs for the expansion of the Immokalee Sports Complex Fitness Center Project Component 2: Environmental Review/Assessment $10,000.00 Total Federal Funds: $94,265.00 The Recipient will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the County as requested beneficiary income certification documentation • Maintain National Objective Documentation • Provide Quarterly reports on National Objectives and project progress Required attendance by a representative from executive management at quarterly partnership meetings,as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction and rehabilitation ❑ Identify Lead Project Manager • Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation • Comply with Uniform Relocation Act(URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible • Ensure the applicable affordability period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low-moderate income persons (LMI). As such, PARKS shall be responsible for ensuring that all activities and beneficiaries meet the definition of: • LMA—Low/Mod Area Benefit ❑ LMC-Low/Mod Clientele Benefit Collier County Parks and Recreation Division CD14-13IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 3 CA Packet Page-892- 6/9/2015 16.D.7. ❑ LMH—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit C. Project Outcome PARKS will complete Design and Permitting activities such as, but not limited to civil engineering, site plan, architectural services, surveying and permitting fees and all costs associated with the expansion of the Immokalee Sports Complex Fitness Center located in Immokalee, FL and completion of an environmental review/assessment. D. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this MOU Within thirty(30)days of MOU (Section 1.1) execution Insurance Insurance Certificate Annually within thirty(30) days of renewal Detailed project Schedule Project Schedule Within thirty(30)days of MOU execution Project Plans and Specifications Site Plans and Specifications Prior to Construction Start Submission of Progress Report Exhibit C Quarterly reports.Annually after closeout. Financial and Compliance Audit Exhibit E Annually one hundred eighty (180) days after FY end until 2021 Continued Use Certification Continued Use Affidavit, if Annually until 2021 applicable Revenue Plan for maintenance Plan approved by the County Initial Plan due after completion and Capital Reserve of rehabilitation and annually thereafter until 2029 Program Income Reuse Plan Plan Approved by the County Annually thereafter until 2021 E. Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Design/Engineering/Permits/Surveying/ Submission of monthly Monthly Architectural/Site plan invoices and backup as Development/Specifications and all evidenced by invoice/ associated costs procurement documents/ Exhibit B and any additional documentation as requested Final 10% retainage released Final Delivery Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 4 CA Packet Page -893- 6/9/2015 16.D.7. upon final monitoring clearance documentation Environmental Review/Assessment Submission of Exhibit B,SAP Upon Completion screen shots evidencing payment and any associated documentation as requested Final 10% ($8,426.50) of retainage held will be released upon documentation that a CDBG National Objective has been met. Failure on behalf PARKS in achieving the national objective under this MOU will require repayment of the CDBG investment. 1.3 TIME OF PERFORMANCE Services shall start effective the date of the execution of this MOU and shall end on November 30, 2016. 1.4 GRANT AMOUNT CHS agrees to make available Ninety Four Thousand Two Hundred and Sixty Five Dollars ($94,265.00) for the use by PARKS during the term of the MOU (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the MOU,shall be referred to as the"Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10%of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10% of the MOU amount shall only be made with Board approval. All improvements specified in Part I.Scope of Work shall be performed by PARK'S employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. PARKS shall enter into contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by PARKS and monitored by CHS,which shall have access to all records and documents related to the project. Reimbursement for performance will be made upon completion or partial completion of the work tasks as accepted and approved by CHS. PARKS 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. Funds may only be expended for allowable costs resulting from obligations incurred during the term of this MOU. If no work has been performed during that month, or if the required backup is not yet prepared, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be Collier County Parks and Recreation Division E —13 g ee0 DESIGN 0 DESISI GN&Engineering for Expansion OF Fitness Center Page 5 CP Packet Page-894- 6/9/2015 16.D.7. made to PARKS when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if PARKS fails to perform the minimum level of service required by this MOU. Final invoices are due no later than 90 days after the end of the MOU. Work performed during the term of the program but not invoiced within 90 days after the end of the MOU may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this MOU for a period of up to 180 days after the end of the MOU. Extensions must be authorized in writing by formal letter to PARKS and reported to the Board on a quarterly basis. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments 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 MOU,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. PARKS can only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. PARKS must provide adequate documentation for validating costs incurred. Payments to PARK'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318. Allowable costs incurred by PARKS 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 may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this MOU. 1.6 NOTICES Notices required by this MOU 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 MOU shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. ) Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 6 • Packet Page-895- 6/9/2015 16.D.7. COLLIER COUNTY ATTENTION: Rosa Munoz,Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: RosaMunozPcolliergov.net Telephone: (239)252-5713 PARKS ATTENTION: Barry Williams, Division Director 15000 Livingston Road Naples, Florida 34109 Email: barrywilliamsOcolliergov.net Telephone: (239)252-4035 Natali Betancur 15000 Livingston Road Naples, Florida 34109 Email: NatalibetancurPcolliergov.net Telephone: (239)252-4059 Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 7 Co Packet Page-896- 6/9/2015 16.D.7. PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, PARKS shall make available all records, documentation and any other data relating to all matters covered by the MOU for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer, or PARKS 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. PARKS hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning PARKS audits and OMB Circular A-133. 2.2 RECORDS AND DOCUMENTATION PARKS shall maintain sufficient records in accordance with 24 CFR 570.506 to determine compliance with the requirements of this MOU,the CDBG Program and all other applicable laws and regulations.This documentation shall include, but not be limited to,the following: A. All records required by CDBG regulations. B. PARKS shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by PARKS for the purpose of this MOU shall be made available to the COUNTY by PARKS at any time upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this MOU, 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 MOU. Collier County Parks and Recreation Division CD14—13 101541 500 DESIGN&Engineering for Expansion OF Fitness Center Page 8 Packet Page-897- 6/9/2015 16.D.7. D. Upon completion of all work contemplated under this MOU copies of all documents and records relating to this MOU shall be surrendered to CHS if requested. In any event PARKS shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this MOU of the address where the records are to be kept as outlined in 24 CFR 200.336. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of PARKS 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. PARKS 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. PARKS shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, PARKS shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. PARKS 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. PARKS agrees that CHS shall be the final arbiter on PARK'S compliance. G. PARKS shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written Agreements with beneficiaries, where applicable. H. PARKS 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. PARKS 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. Collier County Parks and Recreation Division CD14—13 IDISR 500 DESIGN&Engineering for Expansion OF Fitness Center Page 9 Packet Page-898- 6/9/2015 16.D.7. 2.3 MONITORING During the term, PARKS shall submit an annual audit report and monitoring report (Exhibit E)to the COUNTY no later than one hundred eighty (180) days after PARK'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. PARKS agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this MOU is dependent upon satisfactory evaluations. PARKS shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. PARKS shall allow CHS or HUD to monitor PARKS on site.Such site visits may be scheduled or unscheduled as determined by CHS or HUD. The COUNTY will monitor the performance of PARKS in attempts to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this MOU further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this MOU. If corrective action is not taken by PARKS within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. PARKS 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 MOU. 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. Collier County Parks and Recreation Division CD14—13 IDISU 500 DESIGN&Engineering for Expansion OF Fitness Center Page 10 Packet Page-899- , 6/9/2015 16.D.7. • CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division,the Division may require a portion of the awarded grant amount be returned to the Division. • The County may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity may be considered in violation of Resolution No. 2013-228 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the Division. • The Division may require upwards of ten percent (10%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity will be considered in violation of Resolution No. 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the MOU/contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the MOU 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 or other activities. • The entity will be considered in violation of Resolution No. 2013-228 Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 11 I Packet Page-900- 6/9/2015 16.D.7. If in the case the Entity has multiple agreements with the Division and is found to be non- compliant,the above sanctions may be imposed across all awards at the BCC's discretion. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this MOU, and on the resolution of monitoring findings identified pursuant to this MOU as deemed necessary by the County Manager or designee. During the term, PARKS shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, PARKS also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C". Exhibit"C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this MOU. III Collier County Parks and Recreation Division CD14-13 IDIS#500 Page 12 DESIGN&Engineering for Expansion OF Fitness Center Packet Page-901- 6/9/2015 16.D.7. PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this MOU 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 PARKS 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) PARKS does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) PARKS does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 and (3) PARKS is required to follow federal procurement and (4) for DEVELOPERS revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. PARKS also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. PARKS further agrees to utilize funds available under this MOU to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this MOU is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. PARKS shall at all times remain an "independent contractor" with respect to the services to be performed under this MOU. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'Compensation Insurance, as PARKS is an independent contractor. 3.4 AMENDMENTS The COUNTY or PARKS may amend this MOU at any time provided that such amendments make specific reference to this MOU, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this MOU, nor relieve or release the Grantee or PARKS from its obligations under this MOU. Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 13 Q Packet Page-902- 6/9/2015 16.D.7. The COUNTY may, in its discretion, amend this MOU to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or schedule of the activities to be undertaken as part of this MOU, such modifications will be incorporated only by written amendment signed by both Grantee and PARKS. 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 MOU. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay PARKS all or any portions of the funds will not be available. In that event, the COUNTY may terminate this MOU, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, PARKS 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 MOU, and the COUNTY shall be released from any further liability to PARKS under the terms of this MOU. 3.6 INDEMNIFICATION-Intentionally left blank. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS PARKS 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 PARKS 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 COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of PARKS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.39, this MOU may also be terminated for convenience by either the Grantee or PARKS, 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 Collier County Parks and Recreation Division CD14—13 IDIS#500 Page 14 DESIGN&Engineering for Expansion OF Fitness Center Packet Page-903- 6/9/2015 16.D.7. 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 PARKS shall constitute a Default under this MOU: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations,executive orders,and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of PARKS to fulfill in a timely and proper manner its obligations under this MOU; C. Ineffective or improper use of funds provided under this MOU;or D. Submission by PARKS to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by PARKS of any false certification; F. Failure to materially comply with any terms of this MOU; and G. Failure to materially comply with the terms of any other agreement between the County and PARKS relating to the project. In the event of any default by PARKS under this MOU, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the MOU, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by PARKS to the County of all CDBG funds PARKS has received under this MOU; D. Apply sanctions if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this MOU by giving written notice to PARKS of such termination and specifying the effective date of such termination. If the MOU is terminated by the Collier County Parks and Recreation Division CD14—131015#500 DESIGN&Engineering for Expansion OF Fitness Center Page 15 Packet Page-904- 6/9/2015 16.D.7. County as provided herein, PARKS shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this MOU. 3.9 REVERSION OF ASSETS In the event of a termination of this MOU and in addition to any and all other remedies available to the COUNTY (whether under this MOU or at law or in equity) PARKS 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 PARK's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). Regulations regarding equipment are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 INSURANCE PARKS shall not commence any work and/or services pursuant to this MOU until all insurance required as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS PARKS agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Community Development Block Grants(24 CFR 570 et seq.). 3.12 PURCHASING PARKS is required to follow Federal Procurement standards at (2 CFR 200.318 through .326) and Collier County's purchasing thresholds. Range: Competition Required $0-3,000 1 Quote $3,000-$10,000 3 Written Quotes $10,000-$50,000 3 Written Quotes $50,000+ Bids, Proposals,Contracts(ITB, RFP, etc) 3.13 PROGRAM GENERATED INCOME Collier County Parks and Recreation Division CD14—13 I DISH 500 DESIGN&Engineering for Expansion OF Fitness Center Page 16 Packet Page-905- 6/9/2015 16.D.7. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of PARKS funded by CDBG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by PARKS accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES PARK's obligation to the COUNTY shall not end until all closeout requirements are completed. PARKS may close out the project with the County after the year affordability period has been met, if applicable. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, PARKS 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 PARKS is entitled under the terms and conditions of this MOU must be refunded to the COUNTY. PARKS shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE PARKS agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this MOU on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this MOU. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. PARKS shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITITES FOR SMAL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES PARKS will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 17 zo) Packet Page-906- 6/9/2015 16.D.7. 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. PARKS 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 MOU must be low- and moderate- income persons or presumed to be low to moderate income persons based on applicable regulation, if the MOU is meeting a national objective through a LMI strategy. 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 MOU must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit"C"of this MOU. 3.18 AFFIRMATIVE ACTION PARKS 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 PARKS to assist in the formulation of such program. PARKS shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and must be submitted to County within 30 days of update/modification. 3.19 CONFLICT OF INTEREST PARKS 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 MOU and that no person having any conflict of interest shall be employed by or subcontracted by PARKS. PARKS 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 PARKS or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 18 L Packet Page-907- 6/9/2015 16.D.7. employment of and participation of low and moderate-income residents of the project target area. PARKS 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 PARKS. 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 PARKS' ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of PARKS or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 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 570.200(j). PARKS shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. D. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however,are ineligible for CDBG funded improvements. Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 19 Packet Page-908- 6/9/2015 16.D.7. 3.21 INCIDENT REPORTING If services to clients are to be provided under this MOU, PARKS and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person,or disabled adult to the County. 3.22 SEVERABILITY Should any provision of the MOU be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 20 Packet Page-909- 6/9/2015 16.D.7. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.cornell.edu/cfr/text/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main_02.tpl 4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fa ir_housing_equal_opp/FH Laws/109 4.4 The Fair Housing Act(42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddoistatement.pdf E.O. 11063—Equal Opportunity in Housing htto://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FH Laws/EX011063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.a rchives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_eq ual_opp/prog desc/title8 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. http://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html EO 11375 and 12086: see item#8 below Collier County Parks and Recreation Division CD14—13 IRIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 21 CL • Packet Page-910- 6/9/2015 16.D.7. 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. PARKS will, in all solicitations or advertisements for employees placed by or on behalf of PARKS, state that it is an Equal Opportunity or Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm 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, PARKS and any of PARKS' Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, PARKS and any of PARKS' Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the MOU through which Federal assistance is provided. PARKS certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. PARKS further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this MOU: "The work to be performed under this MOU is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." PARKS 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 Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 22 Packet Page-911- 6/9/2015 16.D.7. 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. PARKS certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135_ma in_02.tp1 4.10 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm 11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal_o pp/FHLaws/EX011063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375:Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5),24 CFR 570.614 Subpart K. Section 504: http://www.epa.gov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.html 24 CFR 570.614: http://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in whole or in part byLoans or Grants from the United States- http://www.law.cornell.edu/cfr/text/29/part-3 Collier County Parks and Recreation Division CD14—13 IDIS#S00 DESIGN&Engineering for Expansion OF Fitness Center Page 23 Packet Page-912- 6/9/2015 16.D.7. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable Subject to the • Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45-which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45 4.17 PARKS agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24- vol3-sec570-608.pdf E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq- Uniform Administrative Requirements,Cost Principles,and Audit requirements for Grants and Agreements. 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.21 Prohibition Of Gifts To County Employees- No organization or individual shall offer or give, either directly or indirectly,any favor,gift, loan,fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes,Collier County Ethics Ordinance No. 2004-05,as amended,and County Administrative Procedure 5311. Florida Statutes- http://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter 112_part_iii Collier County- http://bccspol/SiteDirectory/ASD/H R/la bor/CMAs/Shared%20Documents/CMA%a205311.1 20Standards%a20of%o20Conduct.pdf 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the MOU shall take precedence over the terms of all other Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 24 Packet Page-913- 6/9/2015 16.D.7. Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the MOU. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the MOU, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue-Any suit of action brought by either party to this MOU against the other party relating to or arising out of this MOU must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 Dispute Resolution- Prior to the initiation of any action or proceeding permitted by this MOU to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation.Any situations when negotiations, litigation and/or mediation shall be attended by representatives of PARKS 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 MOU, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida.Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this MOU shall be Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS MOU, COLLIER COUNTY AND PARKS EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS MOU. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.25 PARKS agrees to comply with the following requirements: a. Clean Air Act,41 USC 7401,et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), PARKS shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.6&idno=24 Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 25 Packet Page-914- °/ 6/9/2015 16.D.7. 4.27 PARKS agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text-idx? c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3. 1.1.3.4.11.1.9&idno=24 4.28 PARKS 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 MOU. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main_02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http://www.nps.gov/history/local- law/nhpa1966.htm 4.29 PARKS must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988(41 USC 701). http://us-code.vlex.com/vid/d rug-free-workplace-requ irements-contractors-19242870 4.30 PARKS 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 PARKS shall not knowingly enter into any lower tier contract, or other covered transaction,with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=2 4:3.1.1.3.4.11.1.10&i d n o=24 4.31 PARKS agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR et seq. 4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the County eighty (180) days after the end of PARKS'fiscal year. PARKS shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments,and Non- profit Organizations. If this MOU is closed out prior to the receipt of an audit report,the Collier County Parks and Recreation Division CD14—13 IDIStt 500 DESIGN&Engineering for Expansion OF Fitness Center Page 26 Packet Page-915- 6/9/2015 16.D.7. COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(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 4.33 Any real property acquired by PARKS 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 PARKS control,which is acquired or improved in whole or part with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.cornell.edu/cfr/text/49/24.101 http://cfr.vlex.com/vid/570-505-use-real-property-19928754 4.34 As provided in §287.133, Florida Statutes by entering into this MOU or performing any work in furtherance hereof, PARKS certifies that it, its affiliates,suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof.This notice is required by§ 287.133 (3) (a), Florida Statutes. http://www.lawserver.com/law/state/florida/statutes/florida_statutes_287-133 4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-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 Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 27 I ■,;.1 Packet Page-916- 6/9/2015 16.D.7. grants, loans, and cooperative agreements) and that all RECIPIENTS shall certify and disclose accordingly. 4.36 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statutes 713.20, Part 1,Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&U RL=0700- 0799/0713/0713.html 4.39 Florida Statutes 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida_statutes_119-021 4.40 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&U RL=0100- 0199/0119/Sections/0119.07.html (Signature Page to Follow) Collier County Parks and Recreation Division CD14—13 IDISft 500 DESIGN&Engineering for Expansion OF Fitness Center Page 28 C Packet Page-917- 6/9/2015 16.D.7. SIGNATURES: Each part to this MOU has caused it to be executed effective this day of 20 . Kimberley Grant Date Director Collier County Housing and Human Services Division Barry Williams Date Director Collier County Parks& Recreation Division Steve Carnell Date Administrator Collier County Public Services Department* ***Steve Carnell is signing as the Administrator of the Department and the Divisions represented on this document.*** APPr°ved as to form and legality Asslstant Conn orney 4 i oltS Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 29 Packet Page-918- 6/9/2015 16.D.7. PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS PARKS shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers'Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage.Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of PARKS or the licensed design professional employed by PARKS in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which PARKS and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by PARKS or any person employed by PARKS in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1—4 above, PARKS shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 30 Packet Page-919- 6/9/2015 16.D.7. 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 PARKS. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), PARKS shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers'Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 31 Packet Page-920- 6/9/2015 16.D.7. EXHIBIT B COLLIER COUNTY COMMUNITY& HUMAN SERVICES REQUEST FOR PAYMENT SECTION I:REQUEST FOR PAYMENT Recipient Name: Collier County Park and Recreation Division Recipient Address: 15000 Livingston Road, Naples, FL 34109 Project Name: Design & Engineering for Expansion of Sports Complex Fitness Center Project No:CD14-13 IDIS#500 Payment Request# Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II:STATUS OF FUNDS Grant Amount Awarded $ Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum of Past Claims paid on this Account $ Amount of Previous Unpaid Requests $ Amount of Today's Request $ 10% Retainage Amount Withheld $ Current Grant Balance (Initial Grant Amount $ Awarded Less Sum of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of the MOU between the COUNTY and PARKS as the recipient.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required $15,000 and above) (Approval Required$15,000 and above) Collier County Parks and Recreation Division CD14—13 101541 500 DESIGN&Engineering for Expansion OF Fitness Center Page 32 Packet Page-921- 6/9/2015 16.D.7. EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee is required to submit to HUD,through the Integrated Disbursement and Information System("IDIS')Performance Repo:ts.The rnationon a quarterly basis.To fat titate in the preparation°f such reports,Subre:ipiexit shall submit the information contained herein within ten(10)days of the end of each calendar quarter. QUARTERLY PROGRESS REPORT Oab-recipiems:Phone OD ie the ms*Awed arms of the report Aric.„Raae C.Imer Comfy Parts sad I ecr.sJI.Dittoes' Project Tide:Desta.&.E. arms for the!Spate of hesaeralee sperm Complex Pitons Center Aherame Pr.vaa Canaan&°try Vices,Director C•atact Nato&Eeernacar Telephone Number:Lt'24035 er B-2.4165, Aetit'ity Reporting Period Report Due Date October I"—December 31" January 106 January 31"—March 31" April 10'e April I"—June 30e July 10e July 1'"—September 30e October 10e Phase take acre:Each gauntly riper needs TO ioehee coee'lstise daa bep from tit ran of at apetarca dste.. Phase bet the entc.cee/.OW from veer ep rerad epe icasim &sob recipiem sons wsa and inkcate mar worm in monde L thee.wale since the byi of tie eipema m. A.Outcome Cook: Ern On oam sae!OAKS)from sox opposed al/Scan=k sob-ecipest'pewee Oetoome 1:Cr mpple:ion of ga&Enoreecing Activities for the Expernion of the Ten'rhhlee Sports Complex Fromm Center Outcome 2.:Completion of/ERR/EA Outcome 3:Do lion of national objective achiev,nnust :L2tU'LdiA Outcome 4: Outcome 5: Outcome b: Outcome 7: ear County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 33 Packet Page-922- 6/9/2015 16.D.7. C.Gal Prrtrtas:Tsdiea r ee ',won dace m mee tact amecome 3as1 +'Fk�� +3"' ,3 y nR�+r .44 s"�a "r`M , „v t� & vi *��' f .• ..;;;;;1;7°-4 „�d2'�� r te` '7�� ✓�_- .=,, �� - :4`'mn,-i,,,� 'i f a ,” Es.. tr s t;% - y Sit n Y> r''*'"ry.:::"' '7,;,--;° �4 �' k T X� 'Y °4::"--',-. ".71';'74-'1"4 '° �.r`4s' fi' ^ b,..a�.y Et d' -� x 4� y :.,x w,e t' �, '�C,,, x 4,°<:7 kk.� e x "� '° 4444 t die -�. �� '7# � � �1 #h � '� f�*r ,s '��' � �a .�' y �`'a�a�'zL�4 h ,3� �»,. n�a �nr e�»s c �� z" .r �; wc� a P� i� t, s,z , . ,,*`. ..te a� �'p a %,',r&s ccct gy�r�� rai ��' r�� '� �� ,,-4.:zi �- � a w�• r� e� �r r ti�� h r'^+ x: `"✓in -d J�fi,I nb � ;Y. . „':,';'-4. i .d 2.`y � g ." iis* d k r � 9,pe. KE4,„ i � ;E:,cps se e '.,.-.1 �a '�` � C e �y „.w t .gr-:;,":k4 ,i,-4t�eabb � >:�� k.. _ .`t�� $.;a.n .c !„z'r, . ,--°- ,d} . -%+ a ate ' d e z' s 3i? "' a '� t � � Wu:pir ili t C ► - wz awnk�� f nw 2. �RIMId/1e �^nx rar^,' .,xa,* 7?x,ia. . 'N..ttmr .'.e',#.� k�- .�.*-�H ,.',---,-",;‘,..c_;7„,-;� :... I "_4 .N'Ykg:a G.. Yes El No _- ° `." "'' ,n,..It " '"'I,.,4 3 a � rt:o. s '- . y tssa r.1+1 t&7 '; :: e, k1� ... 3. ovaO ober 1 - afth peisor►e swt�bea.°i vmary. a nac Banc ses accts(cow»i5s a arict or beoef C b. ease bas iaptoned acrtss sa dya sense' of beslefs^ o. ...soes roceise a.eerie ea betefs diet is so Sofia nbFir lu.r. TOTAL: 0 ' �ovrim t"ai tnls del .P T ii"brit altier Costal aged Pms Nods cum 4. AVM Ofeee Federal Foods YS^u e gas`1E ti47-'°4s NOISE Total Zma]smtat Ties/Other Tends S ca* F S CLOD Page 34 Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center \ �~ 1 Packet Page-923- \ _,: 6/9/2015 16.D.7. I a. I4piiiRlE 'iw�aR�ll`-OETfl .a' ls^jjP�Yt�w� >fllwr ta�'Y;,.,.:; ,c`� .4.. �r; L Toed No.of nab imam reset: 7rr:Ne.absence salad.Age Cl.Tasd d Tar€4.of nab mean .met: No of mkt soon sada CC To'df Na of Stern tCS SLr+etr Tpbt rte O Serrate mead of t otset:N ▪ -Wlydl Jq'��tl1ll�ywreb*r-br�alA�l�l"fib.Cll'15E1�'%�1�IEi.�`�eir'i�lli,,.�tl�°�F:Br PPM�i�G2II?X �✓�,�r..r:�'�'?' ,s "''s�. m IL Teed son= efnob knee sari Toad.nano offender earn rain des. O. Toed..abw of da3 sales sand; Tarn ands af.swan load raga la: 0. Ind No of fowler anon, Tan N. of hawk bog of b..atuig: Confines ITT XI zanies ii OR al.Cameo. gnarca i7 it yens pagan Eck rare e5iaa in Mt as ms of as Snot iZ.'D Ae.wd lad& as moue:. C..glan grew.eei if oar ems a yearn/aim gee nail nines a Ywad facie crgrmy_ DO NOT CONPLITE ROT H.,]VEST IO`4 ?A>m L PAEWYED=Yi7"Rifk1K=+'l 3 rk,?*t; 1 :. 744-,.:1etnellE"•.1ilEAd.Sti1tt;#IA7A:"Y1150111E:`IiElli* 7m21 2,;,,,"; lag:oar d4 arm awwbs ¢PftCa s,ED to., a is anal amnia of OIDEFLIVAIID Para sirs very I + Ll aced ewe Ocarina i win 6l ire cod inane a'rfasy*an aroel de n&w.I.e tar s(); foie*mil Arabi alma:on am:e-vans.W1: %non MU Ranoe w Abased Ciil&.. Homeless Fsttemely kr. Income (0-30%) Person Tsetse-red Spouses Las lmcom. (31-10%) Persons s`IE:'r .IDS Elderly Mules's. Income (SI.50%) Persons Yerrams Above Moderate Income 040%) Chronieallyt Menially wall Physically Disabled Adults Ghee S oath TOTAL 0 TOTAL: 0 a two;a-Filr lb.016x. Aimsn indicate ban seamy L-NIiVTLICATED diceree.crar.d e:a.a.Ocala.,fall into each ance cao;err.Ia addition in more race category.please indicate lawn many panne in case ra.c categcrs sonoidar tkmadary Mops/min (Total R..as asimw .held ain't t On t.ta1 acll� RAC ITICO QTY g'biee of vase ben wary sa 15apmia!'of Risk Abcm Amino Tammy boar nosy am Wineatt ad Ara. A®®a Alaska Yes z "Amok hew ee.. a Icoiass of vts.y bean �._ m samym� .r tilde,l:raai:<,C+gaes D.c4 hSaga anon ilea as l.inym.el of Aansam ledmularraa None A Wbis Veen bear =ay we siapmil7 0I 1SdcrA6ea Ae®em E Wbirc vitae ben en! se !ripe el of ..a ladim.A}abe Moen,&Mad.Armies Asa Tammy boo. many : Pagan!.' .1 tea.a-�. .y +sloe haw ren:a as Mosaic" T.tat: 0 :lac.: To $emma: o r.a. .aema. Taw srgt woos bat sopersags yaw o3mssc N. .r County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 35 Packet Page -924- 6/9/2015 16.D.7. EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets:All Household Members, Including Minors ) Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 ,_ Total Income from Assets B(b) 0.00 If line B(a) is greater than$5,000, multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c),otherwise leave blank. B(c) Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 36 0 Packet Page -925- 6/9/2015 16.D.7. C. Anticipated Annual Income:Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits Public Other Salaries / Assistance Income (include tips, Pensions Asset commissions, Income bonuses,and n rHm°l (Enter the 1 greater of 2 box B(b) or 3 box B(c), 4 above, in 5 box C(e) 6 below) 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 _ 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co-Head of Household Date Adult Household Member(if applicable) Date Adult Household Member(if applicable) Date Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 37 Packet Page-926- =- 6/9/2015 16.D.7. E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s)constitute(s) a: ❑ 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 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age Native American Asian Black Hawaiian or White � h 025 40 61 62+ Indian Other Pac. r Islander Hispanic Non- Hispani NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Collier County Parks and Recreation Division CD14—13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 38 Packet Page -927- 6/9/2015 16.D.7. EXHIBIT E ANNUAL AUDIT MONITORING REPORT EXHIBIT ANNUAL AUDIT MONITORING REPORT OMB :Circular,.A-133-Asks.. oA Spates{ Locaf;Gov ents s ndE No pfft"9F ? ues he Col er CountyM Cof 'auriiity & Humeri Ces ? m to 'monitor oW aubrecip its of federal award and determine r they have mr the audit re�qulrements r of the circular'grid whether they are in compliant ewith fetteral laws and regulations�Accordirsgly,,,, Dale ere". ulr ip`that you cher nrie the:5`41 1kneng�, ai ap�tle"do�tion teegarting War o ltl �s oti ptlance awitti the audit en s,sign nhd date form. Silent x� a x W a z S - . t � Year 1� µ' 2 G 3 5- �{ 9A7$ aY Total State Financial Assistance ExPended during l Fiscal1� .. 5 h . iotal'F �'�-W etet A seedence E�, eerie/4 meat recently t leterd. Check Appropriate Boxes We have exceeded the$750,000 federal/state e xpendittlre.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 are attached. We exceeded the S750,000 tederallstate 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 0M9 Circular A-133 because we: Q Did not exceed the$500,000 federal/state expenditure threshold for the fiscal year indicated above Are a for-pi oft organization QAre exempt for other reasons—explain ' An audited financial statements is attached and if applicable,the independent auditor's management letter. (If findings were noted,please enclose a copy of the responses and corrective action plan.) Certification Statement Ihereby that the above information is tine and accurate. Signature Date Print Name and Title This fonn may be used to monitor Florida Single Audit Act(Statute 215.9T)requirements_ Collier County Parks and Recreation Division CD14-13 IDIS#500 DESIGN&Engineering for Expansion OF Fitness Center Page 39 Packet Page-928- `'