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Agenda 09/22/2015 Item #16D 6 9/22/2015 16.D.6. EXECUTIVE SUMMARY Recommendation to approve second amendment to the subrecipient agreement with Youth Haven Inc., for the Safe and Secure Home for Collier Youth Phase II & III, shifting Community Development Block Grant funding and clarifying milestones deadline requirements. OBJECTIVE: To promote the availability of affordable housing in Collier County. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program funds locally defined needs for programming and infrastructure. On November 18, 2014, the Board approved a subrecipient agreement with Youth Haven Inc., for the Safe and Secure Home for Collier Youth Phase II &III Project(Agenda item 16D4). On June 9, 2015, the Board approved the first amendment to the subrecipient agreement to update the records retention language(Agenda item 16D17). This second amendment will include a more defined set of required milestones deadlines, as detailed in Exhibit D of the Agreement. As a result of higher than expected bids for the installation of fiber optic wiring for the project,this amendment serves to eliminate a component of the project(re-pavement of the main roadway area)to fully fund the Technology/Networking portion of the project. FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal impact. The funding source for the grant award is the Community Development Block Grant (CDBG) Program. The combined grant award for the Youth Haven project is $479,000. It is budgeted in the Housing Grants Fund (705)for Project No. 33364,No.33289,No.33236,and No. 33176. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will further the Goals, Objectives, and Policies of the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the second amendment to the subrecipient agreement with Youth Haven Inc., for the Community Development Block Grant Safe and Secure Home for Collier Youth Phase II &III Project. Prepared By: Gino Santabarbara, Grant Coordinator; Community and Human Services Attachments: Original Agreement,First Amendment, and Second Amendment. Packet Page -1342- 9/22/2015 16.D.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.6. Item Summary: Recommendation to approve second amendment to the subrecipient agreement with Youth Haven Inc.,for the Safe and Secure Home for Collier Youth Phase II & Ill, shifting Community Development Block Grant funding and clarifying milestones deadline requirements. Meeting Date: 9/22/2015 Prepared By Name: SantabarbaraGino Title: Grants and Housing Coordinator, Senior,Public Services Department 8/26/2015 4:25:48 PM Submitted by Title: Grants and Housing Coordinator, Senior, Public Services Department Name: SantabarbaraGino 8/26/2015 4:25:49 PM Approved By Name: KemnerCynthia Title: Accountant, Public Services Department Date: 8/31/2015 8:28:40 AM Name: GrantKimberley Title: Division Director-Cmnty &Human Svc, Public Services Department Date: 9/2/2015 10:08:36 AM Name: GrantKimberlev Title: Division Director-Cmnty &Human Svc, Public Services Department Date: 9/2/2015 10:12:04 AM Name: RobinsonErica Title: Accountant, Senior. Grants Management Office Date: 9/2/2015 2:33:05 PM Packet Page -1343- 9/22/2015 16.D.6. Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/4/2015 3:16:20 PM Name: CarnellSteve Title: Department Head -Public Services,Public Services Department Date: 9/5/2015 11:08:46 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/8/2015 10:29:14 AM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 9/9/2015 9:55:42 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/9/2015 3:19:50 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/9/2015 5:39:27 PM Packet Page -1344- 9/22/2015 16.D.6. Grant# B-14-UC-12-0016 B-13-UC-12-0016 -12-UC-]2-0016 B-1 1-U C-12-0016 CFDA/CSFA# 14.218 Subrecipient—Youth Haven,Inc. DUNS#-077283349 AGREEMENT# CD14-12 FEID #- 23-7065187 IDIS#-481 Fiscal Year End: 6/30 Monitor End: 04/2021 AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. SAFE AND SECURE HOME FOR COLLIER YOUTH PHASE H & HI THIS AGREEMENT is made and entered into this day of LiFy72014, 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 Youth Haven, Inc. ("Subrecipient"), having its principal office at 5867 Whitaker Road, Naples, FL 34112. 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 Plans for Federal Fiscal Year 2011-2012 on November 8, 2011, Fiscal Year 2012-2013 on July 24, 2012, and Fiscal Year 2013-2014 on August 13, 2013 absentia meeting and ratified at the September 10, 2013 Board of County Commissioners meeting; and Fiscal Year 2014-2015 on June 24, 2014; and WHEREAS, HUD has approved the County's Consolidated Plan, and the County prepared a One-Year Action Plan for Federal Year 2011-2012, 2012-2013, 2013-2014 and FY2014-2015, detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of row and moderate-income residents; and WHEREAS, in accordance with I-IUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on October 28, 2014 with a 30-day citizen comment period from September 25. 2014 through October 25. 2014; and Youth Haven Inc. CDBG CDI4-12 Safe and Secure Horne for Collier Youth Phase II HI Page 1 of 43 Packet Page -1345- 9/22/2015 16.D.6. 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 CDRG SAFE AND SECURE HOME FOR COLLIER YOUTH PHASE H & III PROJECT. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF WORK The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance, as reasonably determined and uniformly applied by Collier County Community and Human Services (CHS), to perform the tasks necessary to conduct the program as follows: As stated in the FY 2011-12,FY 2012-13, FY 2013-14, FY 2014-15 Action Plans the following project is being funded: Fund design, permitting and construction of shelter improvements to include, but not limited to: fencing, lighting, landscaping, security systems including data storage equipment, fiber optic data cables and equipment, plumbing improvements, internal sidewalks and repaving of internal roadways/drives. Specifically, improvements identified for funding are outlined in the budget in Section 1.2. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. 1.1 SPECIAL. GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipients' governing body within thirty (30) days of conveyance: Youth Haven Inc. CDBG CD]4-12 Safe and Secure Home for Collier Youth Phase II&III Page 2 of 43 L6 Packet Page -1346- 9/22/2015 16.D.6. 1. 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 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 DETAILS A. Project Description Improvements Federal Funds Project Component 1: Security Iighting, including concrete poles, $89,750 fixtures and wiring. Project Component 2: Security fence at lake and security gate with $35,000 cipher lock at driveway. Project Component 3: Security camera system including data $92,500 storage equipment. Project Component 4: Installation of Security window, counter and $28,500 code renovations to the interior of Janette's Cottage. Project Component 5: Landscaping—Install landscaping buffer at $20,000 South property fence. Project Component 6: Installation of fiber-optic data cable and $46,350 network equipment. IProject Component 7: Design and Permitting $25,600 Project Component 8: Installation of new plumbing fixtures and 2" $38,750 water line at Jay's&Janette's Cottages. Project Component 9: Installation of sidewalks within the campus $44,800 area. Youth Haven Inc. CDBG CDI4-I2 Safe and Secure Home for Collier Youth Phase II&III Page 3 of 43 C? Packet Page -1347- 9/22/2015 16.D.6. Project Component 10: Repaving of the campus roadway and $57,750 parking areas. $479,000 The Subrecipient will accomplish the following project tasks: Project Tasks 1. Provide quarterly reports on progress and national objectives 2. Provide monthly construction and rehabilitation progress reports until completion of construction and rehabilitation. 3. Identify Lead Project Manager 4. Provide Site Design and Specifications 5. Comply with Davis Bacon Labor Standards 6. Provide Certified Payroll weekly throughout construction and rehabilitation 7. Provide interior and exterior rehabilitation, as approved by the County 8. Comply with Uniform Relocation Act (URA), if necessary 9. Provide property landscaping 10. 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 income persons (LM1). As such, the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of presumed clientele or Limited Clientele Activities (LMC). C. Project Outcome The Subrecipient will perform the design, permitting and construction of shelter improvements to include, but not limited to: fencing, lighting, landscaping, security systems including data storage equipment, fiber optic data cables and equipment, plumbing improvements, internal sidewalks and repaving of internal roadways/drives. The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives in accordance with 24 CFR 570.505. D. Performance Deliverables Youth Haven Inc. CDBG 0014-U Safe and Secure Home for Collier Youth Phase II&III Page 4 of 43 U17 Packet Page -1348- 9/22/2015 16.D.6. The Following Table 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 Certificate — See Annually within thirty (30) days Exhibit A of renewal until 2021 Serve of a minimum of 80% of Exhibit C and D Quarterly 46 presumed eligible persons. 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 Submission of Progress Report Exhibit C &D Quarterly until completion and closeout of project. Annually thereafter until 2021 Financial and Compliance Audit Exhibit F Annually one hundred eighty (180)days after FY end Continued Use Certification Continued Use Affidavit Annually until 2021 Inventory Log Inventory Log Annually until 2021 E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component One: Security Submission of supporting documents must be Submission lighting, including concrete poles, provided as backup as evidenced by properly of monthly fixtures and wiring, completed invoices, timesheets, payroll registers, invoices- See banking documents, cancelled checks, vehicle logs, Exhibit B and any additional documents as needed. Final 10% ($8,975) released upon delivered completed renovations and improvements. Supporting proof of payment documents must be provided as backup. Project Component Two: Security Submission of supporting documents must be Submission fence at lake and security gate provided as backup as evidenced by properly of monthly with cipher lock at driveway. completed invoices, timesheets, payroll registers, invoices- See banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($3,500) released upon delivered and I installed new fence, gate and lock according to submitted plans. Supporting proof of payment Youth Haven Inc. CDBG CDI4-12 Safe and Secure Home for Collier Youth Phase II&Ill Page 5 of 43 �x . y Packet Page-1349- 9/22/2015 16.D.6. documents must be provided as backup. Project Component Three: Submission of supporting documents must be Submission Security camera system including provided as backup as evidenced by properly of monthly data storage equipment. • completed invoices, timesheets, payroll registers, invoices- See banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($9,250) released upon the delivery and completion of installed security camera system and data storage equipment. Supporting proof of payment documents must be provided as back up. Project Component Four: Submission of supporting documents must be Submission Installation of Security window, provided as backup as evidenced by properly of monthly counter and code renovations to completed invoices, timesheets, payroll registers, invoices- See the interior of Janette's Cottage. banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($2,850) released upon the delivery and completion of an installed security window and code renovations to Janette's Cottage. Project Component Five: Submission of supporting documents must be Submission Landscaping—Install landscaping provided as backup as evidenced by properly of monthly buffer at South property fence. completed invoices, timesheets, payroll registers, invoices- See banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($2,000) released upon the delivery and completion of installed Landscaping Improvements along the south property fence. Project Component Six: Submission of supporting documents must be Submission Installation of fiber-optic data provided as backup as evidenced by properly of monthly cable and network equipment. completed invoices, timesheets, payroll registers, invoices- See banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($4,635) released upon the delivery and completion of installed fiber-optic data cable and network equipment and any documentation of a minimum of the required supporting proof of 1 , payment documents. Project Component Seven: Submission of supporting documents must be Submission Design and Permitting provided as backup as evidenced by properly of monthly completed invoices, timesheets, payroll registers, invoices- See banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($2,650) released upon documentation of a minimum of all necessary permits, drawing and fees associated with the completion of the project Youth Haven Inc. CDBG CDI4-12 Safe and Secure Home for Collier Youth Phase II&III Page 6 of 43 Packet Page -1350- 9/22/2015 16.D.6. Project Component Eight: Submission of supporting documents must be Submission Installation of new plumbing provided as backup as evidenced by properly of monthly fixtures and 2" water line at Jays completed invoices, timesheets, payroll registers, invoices- See &Janette's Cottages. banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($3,875) released upon the delivery and completion of the installation of new plumbing fixtures and 2" water lines at Jay's Janette's Cottages and documentation. Project Component Nine: Submission of supporting documents must be Submission Installation of sidewalks within provided as backup as evidenced by properly of monthly the campus area. completed invoices, timesheets, payroll registers, invoices- See banking documents,vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($4,480) released upon the delivery and completion of the installation of new sidewalks within the campus area. Project Component Ten: Submission of supporting documents must be Submission Repaving of the campus roadway provided as backup as evidenced by properly of monthly and parking areas. completed invoices, timesheets, payroll registers, invoices- See banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($5,775) released upon the delivery, completion and installation of the repaving the campus roadway and parking areas. Final 10% retainage released Supporting proof of payment documents, including a End of upon completion of the project Certification of Completion must be provided as Project and proof of individuals served. backup including final beneficiary information for all individuals and households served. 1.3 TIME OF PERFORMANCE Services of the Subrecipient shall start effective on the date first mentioned above and shall end on March 31, 2016. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FOUR HUNDRED SEVENTY NINE THOUSAND DOLLARS and 00/100 (S479,000)for the use by the SUBRECIPIENT for SAFE AND SECURE HOME FOR COLLIER YOUTH PHASE II & III PROJECT 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"). Youth Haven Inc. CDBG CD14-I2 Safe and Secure Home for Collier Youth Phase H&:III Page 7 of 43 "r ,l Packet Page -1351- 9/22/2015 16.D.6. The SUBRECIPIENT project budget shall be as follows: Line Item Description CDBG Funds Project Component#1- Security lighting, including concrete poles, $ 89,750 fixtures and wiring. Project Component#2- Security fence at lake and security gate $ 35,000 with cipher lock at driveway.. Project Component#3- Security camera system including data $ 92,500 storage equipment. Project Component#4- Installation of Security window, counter $ 28,500 and code renovations to the interior of Janette's Cottage. Project Component #5- Landscaping—Install landscaping buffer at $ 20,000 South property fence. Project Component#6— Installation of fiber-optic data cable and $ 46,350 network equipment. Project Component#7- Design and Permitting $ 25,600 Project Component#8- Installation of new plumbing fixtures and $ 38,750 2" water line at Jays &Janette's Cottages. Project Component#9- Installation of sidewalks within the campus $ 44,800 area. Project Component#10- Repaving of the campus roadway and $ 57,750 parking areas. TOTAL $479,000 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 CHS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase 11&III Page 8 of 43 Packet Page -1352- 9/22/2015 16.D.6. 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 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 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 remain 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. COLLIER COUNTY ATTENTION: Gino Santabarbara, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: cinosantabarbara( collieroov.net Youth Haven Inc. CDBG CDI4-I2 Safe and Secure Home for Collier Youth Phase IT&III Page 9 of 43 Packet Page -1353- 9/22/2015 16.D.6. 239-252-2399 SUBRECIPIENT ATTENTION: Stephanie Jinx Liggett, Executive Director Youth Haven, Inc. 5867 Whitaker Road Naples, FL 34112 239-774-2904 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer, or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits and OMB Circular A-133. 2.2 RECORDS AND DOCUMENTATION The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.502 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 perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the Subrecipient for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, Youth Haven Inc. CDBG CDI4-12 Safe and Secure Home for Collier Youth Phase 1I&1I1 Page 10 of 43 Packet Page -1354- 9/22/2015 16.D.6. 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 Iabor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to CHS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The SUBRECIPIENT shall document how 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 Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase II&Hl Page 11 of 43 Packet Page -1355- 9/22/2015 16.D.6. 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 programmatic review. The SUBRECIPIENT agrees that CHS 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CI-IS 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 in its reasonable discretion 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 IIUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement 2.4 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 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 issuance of the report. Youth Haven Inc. CDBG CDI4-I2 Safe and Secure Home for Collier Youth Phase II&.III Page 12 of 43 Packet Page -1356- 9/22/2015 16.D.6. 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 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 Department, the Department may require a portion of the awarded grant amount be returned to the Department. 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 substantial non-compliance by certified mail; 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 of ten 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 immediately 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 Entity has multiple agreements with the Department and is found to be non- compliant, the above sanctions may be imposed across all awards at the discretion of the Board of County Commissioners. 2.5 REPORTS Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase II&III Page 13 of 43 Packet Page -1357- 9/22/2015 16.D.6. 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 teen, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C" & "D". Exhibit"C" & "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart 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 DEVELOPERS revenue generated is not considered program income. The CDBG program was funded through the Housing and Comununity 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 Youth Haven Inc. CDBG CDI4-l2 Safe and Secure Home for Collier Youth Phase II&III Page 14 of 43 Packet Page -1358- 9/22/2015 16.D.6. 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 SUBR,ECIPIENT 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 guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 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, Youth Haven Inc. CDBG CD14-I2 Safe and Secure Home for Collier Youth Phase II&III Page 15 of 43 Packet Page -1359- 9/22/2015 16.D.6. invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the perfolluance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the negligence or willfull misconduct 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 public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN 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 in any material respect 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; Youth Haven inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase Ii&in Page 16 of 43 Packet Page 4360- 9/22/2015 16.D.6. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in in any material respect a timely and proper manner its obligations under this Agreement; C. 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 and the failure of the SUBRECIPIENT to cure such default in accordance with the Corrective Action policy outlined in Section 2.4 of this agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Teirrrinate 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). Youth Haven Inc, CDBG CDI4-12 Safe and Secure Home for Collier Youth Phase II&III Page 17 of 43 Packet Page -1361- 9/22/2015 16.D.6. 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 1), 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 SUBRECIPIENT is 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 Subrecipient may close out the project with the County after the five (5) year period has been met. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the teinis 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. Youth Haven Inc. CDP,G CD14-12 Safe and Secure Home for Collier Youth Phase II& III Page 18 of 43 Packet Page -1362- 9/22/2015 16.D.6. 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 The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "C" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affiiiirative Action guidelines to the SUBRECIPIENT to assist in the formulation of Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase II&III Page 19 of 43 Packet Page -1363- 9/22/2015 16.D.6. 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 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 employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 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). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion, and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase 111Q III Page 20 of 43 1 Packet Page -1364- 9/22/2015 16.D.6. 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. 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 oftices/fair housing equal opp/FH Laws/109 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. http://www.hud.aov/offices/fheo/library/huddojstatement.odf E.O. 11063 —Equal Opportunity in Housing littp://portal.hud.2ov/hudportal/HUD?src=/program offices/fair housing ec ual o )/FH Laws/EX O 11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-register/codification/executive-order/l2259.html 24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O. http://ww-w.law.comell.edu/cfr/text/24/part-107 Youth Haven Inc. CDBG CDI4-12 Safe and Secure Home for Collier Youth Phase Il&III Page 21 of 43 Packet Page -1365- 9/22/2015 16.D.6. 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended. httu:i/Mortal.hud aov/hudnorlal/I-IIJD?sre=/program offices/fair housing equal oph/uroa7 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/pke/CFR-200 7-title24-vol3/pdIYCFR-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: littp://www.ceoc.govieeoc/historv/35th/thelaw/eo-11246.html EO 11375 and 12086: see item#8 below 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. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http://yvwvv.eeoc.ttov/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, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following Ianguage 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 he 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 Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase II&III Page 22 of 43 Packet Page -1366- 9/22/2015 16.D.6. economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very Iow-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi- bin/text-idx?c=ecfr&tp1=/ecfi browse/Title24/24cfrl 35 main 02.tpl 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://wwrw.dol.uov/oasam/refs/statutes/ate act.litm 11063:http://portal_hud.gov/hudportal/HUD?src=/program offices/fair housing equal o pp/FHLaws/EXO 11063 11246: httn://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375: Amended by EO 11478 11478: http://w\\rw.archives.gov/federal-reuister/codification/executive-order/11478.html 12107: http://www.archives.tJov/federal-reuister/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-retiist.er/codification/cxecutive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. http://usaceenginecrinanamplets2.tpub.com/EP-1180-1-1/EP-1180- -10012.11mi 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http://tiwvvw.epa.v.ov/civilrirrhts/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.fliwa.dot.uov/realestate/ua/index.htm Youth Haven Inc, CDBG CDI4-12 Safe and Secure Home for Collier Youth Phase II&III Page 23 of 43 Packet Page -1367- 9/22/2015 16.D.6. 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://ww w.fhwa.doi.gov/rcalestate/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 by Loans or Grants from the United States- http://www.1 aw.cornell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) blip://vvww.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 -Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidencv.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.L'OVillode/333 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 arc still applicable. 24 CFR 570.607: htt)://www.0)o.gov/fdsys/)ku/CFR-2010-title24-vol3/ df/CFR-2010- title24-vol3-sec570-608.pdf E.O. 13279: http://fed aovcontracts,cola/ne02-192.htm 4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988. http:I/www.nchi.nlm.niii.covipubmec1/122.89709 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://wwv.law.cornell.edu/cfr/text/24/part-84 • Subpart A—General; Youth Haven Inc. CDBG CDI4-12 Safe and Secure Home for Collier Youth Phase II&HI Page 24 of 43 Packet Page -1368- 9/22/2015 16.D.6. 0 Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; ® Subpart C—Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENT shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property—In lieu of 84.32, CDBG SUBRECIPIENT shall follow 570.505; o Section 84.34(g),Equipment—In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (1) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: ▪ The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be 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 from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENT's shall comply with 570.503(b)(7); and ® Subpart D—After-the-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. http://www.ecf .r ov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24efr85 main 02.tp1 4.21 Immigration Reform and Control Act of 1986 http://www.eeoc.aov/eeoc/history/35th/thelaw/irca.htm1 4.22 Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value Youth Haven Inc. CDBG CD 14-12 Safe and Secure Home for Collier Youth Phase II&III Page 25 of 43 Packet Page -1369- 9/22/2015 16.D.6. 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/slate/florida/statutes/Forida statutes chapter 1 I?phut Collier County - http://bccspo 1/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%20531 1.1%20Standards%20of%20Conduct.pdf 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 Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.24 Venue-Any suit of action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.25 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, Iitigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. http://www.fisenate.uov/Laws/Statutes/2010/44.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.comell.eciu/uscodeitext/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. htip://www.law.cornell.eduhiscodeltext/33/chapter-26 Youth haven Inc. CDBC CDI4-12 Safe and Secure Homo for Collier Youth Phase II&IIi Page 26 of 43 • Packet Page -1370- 9/22/2015 16.D.6. 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. http://www.e cfr.gov/c ai-bin/te.xt- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&ren=div8&view=text&node=2 4:3.1.1.3.4.1 1.1.6&idno=24 4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead- Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822(180827a48bced5b0b56&rfm—div8&view=text8z.node=2 4:3.1.1.3.4.11.1.9&idno-24 4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http://vvvRv.nps.cov/history/local-Iaw/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text- idx?c=ecfi&tp1=/ecfrbrowse/Tit1e36/36cfr800 main 02.tol 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. httl)://www.nps.g>ov/history/local-law/nhpa1966.htm 4.30 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). htt)://us-code.vlex.com/vid/drug-free-workplace-rep uirements-contractors-19242870 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 CFR 570.609, Subpart K. http:/ www.ecfi.uov/cgi-bin/text- idx?c=ecfi&SID—eba40bdb52822d80827a48bced5b0b_56&ran=div8&view=textcnocle=2 4:3.11.1.3.4.11.1.10&idno=24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is Youth Haven inc. CDBG CDI4-12 Safe and Secure Home for Collier Youth Phase iI&III Page 27 of 43 Packet Page -1371- 9/22/2015 16.D.6. applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements OMB Circular A87: http://www.whitehouse.gov/omb/circulars a087 2004/ OMB Circular AI02:http://www.whitehouse.gov/omb/circulars a102/ OMB Circular A21:http://www.whitehouse.gov/omb/circulars a021 2004/ OMB Circular A110:http://www.whitehouse.gov/omb/circulars al 10/ OMB Circular A122: hop://www.whitehouse.eov/omb/circulars a122 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-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. http://www.whitehouse.szov/omb/circulars/a 133 compliance supplement 2011 Clarification of EIigible 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. hitp://www.law.cornell.edu/cfr/text/24/92.206 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. http://www fhwa.dot.,rov/realestate/ua/index.htm http://www.law.cornell.edu/efr/text/49/24.101 http://cfi.vlex.e.om/vid/570-505-use-real-property-1 99287.54 4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase H&III Page 28 of 43 Packet Page -1372- 9/22/2015 16.D.6. any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a),Florida Statutes. http://www.lawserver.com/law/state/florida/statutes/floricia 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 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 Fonn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the Ianguage of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.37 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 1, Construction Liens http:/hvww.lea.state.fl.us/Statutes/index.cfin?App_anode=Displav Statute&URL=0700- 0799/071 3/0713.html 4.40 Florida Statutes 119.021 Records Retention http://www.lawserver.convlaw/state/fiorida/statutes/lionida statutes 119-021 4.41 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.ii.us/Statutes/indcx.cf in?Aup mode—Display Statute&URI-0100- 0199/0119/Sections/0119.07.html Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase II&III Page 29 of 43 Packet Page -1373- 9/22/2015 16.D.6. Signature Page to Follow Remainder of Page Intentionally Left Blank Youth Haven Inc. CDBU CD 4-12 Safe and Secure Hone for Collier Youth Phase 11&III Page 30 of 43 Packet Page -1374- 9/22/2015 16.D.6. IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above, ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK,CLERK COLLIER COUNTY,70RIDA By: Deputy Clerk T tM'HENNING, CHAMMAN YOUTH HAVEN,INC. Dated: ,t Attest asOriolsln n's By: JAMES JESSEE, PRESIDENT SiCirtrittIM nniV. YOUTH HAVEN INC. Witness 4 U e, Name and Title Witness Name and Title Approved as to form and legality: C\ Jemar A. Belpedi Assistant County Attorney Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase II&in Page 31 of 43 Packet Page -1375- 9/22/2015 16.D.6. PART V EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after a tie certificate of Occupancy is issued. CO Ie r County shall be named as an additional insured. CO:NSTi2UCTION P1IASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase H&III Page 32 of 43 I!'�t Packet Page -1376- 9/22/2015 16.D.6. 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 OF 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 Propert\ Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less that 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. Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase II&III Page 33 of 43 Packet Page -1377- 9/22/2015 16.D.6. EXHIBIT "B" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Sub recipient Name: Youth Haven, Inc. Sub recipient Address: 5867 Whitaker Road,Naples, FL 34112 Project Name: Safe and Secure Home for Collier Youth Phase II &Il1 Project No: CD14-12 Payment Request# Total Payment minus Retainage: Period of Availability: 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 Stun Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests (Minus Retainage) $ 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 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 $1 5,000 and above) Youth Haven Inc, CDBG CDI4-12 Safe and Secure Home for Collier Youth Phase II&III Page 34 of 43 Packet Page -1378- 9/22/2015 16.D.6. 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 l St—December 3151 January 10`1i January 31'—March 31" April 10`h April 1"—June 30th July 10th July is`—September 30th October 10'x' SUBRECIPIENT AGREEMENT YOUTH HAVEN, INC SAFE AND SECURE HOME FOR COLLIER YOUTH PHASE II & HI 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? Youth Haven Inc. CDBG 01)14-12 Safe and Secure Home for Collier Youth Phase 1I&III Page 35 of 43 Packet Page -1379- 9/22/2015 16.D.6. 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%AMI) No. Very-Low Income Households(31-50%AMI) No. Low-Income Households (51-80%AMI) No. Moderate-Income Households(8I-120%AMI) No. Female Head of Households TOTAL RACE AND ETHNICITY BENEFICIARIES Race Total No. Hispanic 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 Youth Haven Inc, CDBG CDI4-12 Safe and Secure Home for Collier Youth Phase II&III Page 36 of 43 Packet Page -1380- 9/22/2015 16.D.6. EXHIBIT "D" 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: Youth Haven,Inc. Date: Project Title: Safe and Secure Home for Collier Youth Phase II &III Alternate Program Contact: Stephanie Jinx Liggett,Executive Director contact: Telephone Number: *REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): ❑ 12/31/14 ;03/31/15 006/30/15 ❑9/30/15 D Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting 1. 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: Design and Permitting activities completed by April 2015 Outcome.2: All landscaping completed by January 2016 Outcome 3: Provide for a lien the property in the amount of CDBG assistance Outcome 4: 50% of grant funds expended by July 31,2015 and 75% expended by December 31, 2015 Outcome 5: All upgrades must be fully completed and begin serving beneficiaries by March 31,2016 Youth Haven Inc. CDBG CDI4-I2 Safe and Secure Home for Collier Youth Phase II&lU Page 37 of 43 Packet Page -1381- 9/22/2015 16.D.6. B.Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1:' Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new 2. timeline for approval. Yes .. No If no, explain: 3. Since October 28,2014,of the persons assisted,how many.... a. ...now have new access(continuing)to this service or benefit? 0 b. ...now has improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What funding sources are applied for this period 1 program year? $ $ Section 108 Loan Guarantee - HOPWA - $ $ - Other Consolidated Plan Funds CDBG $ $ Other Federal Funds tSG $ $ State/Local Funds - HOME - Total $ Entitlement $ Total Other Funds Funds - Youth ven Inc. CBBG CCi'14-12 Safe and Secure Home for Collier Youth Phase II&III Page 38 of 43 Packet Page -1382- 9/22/2015 16.D.6. 5. What is the total number of UNDUPLICATED clients served this quarter,if applicable? a. Total No.of adult females served: 0 Total No.of females served under 18: 0 b. Total No.of adult males served: 0 r Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: O Total No.of female head of household: 0 6. What is the total number of UNDUPLICATED clients served since October,if applicable? a. Total number of adult females served: 0 + Total number of females served under 18: 0 b. Total number of adult males served: 0 ! Total number of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served; 0 Total No.of female head of household: 0 Complete EITHER question#7 OR#8.Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does riot fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. JPRESUMED BENEFICIARY DATA: r 8. JOTHER BENEFICIARY DATA:INCOME RANGE J Indicate the total number of UNl7tIP!ICATFQ Indicate the total number of UNDUPI IC.ATFQ persons persons served since October 1 who fall into each presumed benefit category (the total served since October 1 who fall into each income should equal the total in question#6): category(the total should equal the total in question#6): Report as: Report as: O Abused Children 0 Extremely low Income(0-30%) O Homeless Person 0 Low Income(31-50%) O Battered Spouses 0 .Moderate Income(51-80%) O Persons w(HIV/AIDS 0 Above Moderate Income(>80%) ; 0 Elderly Persons 0 ;Veterans O Chronically/Mentally ill O Physically Disabled Adults O Other-Youth TOTAL: 0 TOTAL: 0 9. !Racial&Ethnic Data: I(if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White ;of whom,how many are Hispanic? Black/African American 0 0 of whom, how many are Hispanic? Asian 0 0 of whom,how many are Hispanic? American Indian/Alaska Native 0 0 of whom,how many are Hispanic? Native Hawaiian/Other Pacific Islander 0 0 1;of whom, how many are Hispanic? American Indian/Alaskan Native&White 0 0 i;of whom,how many are Hispanic? Black/African American&White 0 0 of whom,how many are Hispanic? Am.Indian/Alaska Native& Black/African Arn 0 0 ;of whom,how many are Hispanic? Other Multi-racial 0 0 of whom,how many are Hispanic? Other 0 0 of whom,how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Signature: -Your typed name here represents your electronic Title: signature Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase 11&Hi Page 39 of 43 Packet Page -1383- 9/22/2015 16.D.6. EXHIBIT "E" 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 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 I 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) Youth Haven Inc. CDBG CDI4-12 Safe and Secure Home for Collier Youth Phase II&III Page 40 of 43 Packet Page -1384- 9/22/2015 16.D.6. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors I Member Wages/ Benefits/ Public Other Salaries Pensions Assistance Income (include tips, commissions, Asset bonuses,and Income overtime) 1 (Enter the 2 greater of 3 box B(b)or box B(c), 4 above, in 5 box C(e) 6 below) 7 8 Totals (a) (b) (c) (d) (e) Enter total of items C(a)through C(e). 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. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe 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 Youth Haven Inc. CDBG CD 14-12 Safe and Secure Home for Collier Youth Phase II Si..in Page 41 of 43 Packet Page -1385- 9/22/2015 16.D.6. 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 (VII) 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 American Hawaiian or I 0— 26-- 141 — Asian Black White Other 62+ Indian Other Pac. 25 40 61 Islander • Hispanic Non- Hispanic 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 the desires to do so, and refbsa!to give such information will not affect any right he or she has to the CDBG program. Youth Haven Inc. CDBG CD14-12 Safe and Secure Home for Collier Youth Phase II&III Page 42 of 43 • Packet Page -1386- 9/22/2015 16.D.6. EXHIBIT "F" ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Community and Human 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 Name Fiscal Year Period Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as 111 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: D Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above D Are exempt for other reasons —explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate, Signature Date Print Name and Title This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Youth Haven Inc. CDBG CDI4-12 Safe and Secure Home for Collier Youth Phase II&III Page 43 of 43 Packet Page -1387- 9/22/2015 16.D.6. MEMOR AND 1M Date: June 29, 2015 To: Geoffrey Magon, Grant Coordinator Housing, Human & Veteran Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: lst Amendment to Agreement between Collier County and Habitat for Youth Haven Grant #B-14-UC-12-0016 Attached are one (1) copy of the document referenced above, (Item #16D17) approved by the Board of County Commissioners on June 9, 2015. An original amendment has been kept in the Minutes & Records Department as part of the Board's Official Records. If you have any questions, please feel free to contact me at 239-252-7240. Thank you. Attachments 2 Packet Page -1388- 9/22/2015 16.D.6. Grant#- B-14-UC-12-0016 B-13-UC-12-0016 B-12-UC-12-0016 B-11-UC-12-0016 CFDAICSFA#- 14.218 Subrecipient—Youth Haven, Inc. DUNS #- 077283349 Agreement# CD14-12 IDIS#- 481 FETI #-23-7065187 Fiscal Year End: 6/30 Monitor End: 04/2021 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. THIS AMENDMENT is entered into this `I day of , t.i)r=_ 2015, by and between the "Youth Haven, Inc." a private not-for-profit corporation existing under the laws of the State of Florida, herein after referred to as "SUBRECIPIENT", having its principal office at 5867 Whitaker Road, Naples, FL 34112; and Collier County, Florida, having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, hereinafter to be referred to as "COUNTY", collectively stated as the "PARTIES." RECITALS WHEREAS, on November 18, 2014. the COUNTY entered into an Agreement with the Community Development Block Grant Program funds to be used for the Safe and Secure Home for Collier Youth Phase II & III (hereinafter referred to as the "Agreement"); and WHEREAS, the Parties desire to amend the Agreement to conform to the Department of Housing and Urban Development's CDBG requirement regarding the records retention period. 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 Swttek Through are deleted; Words Underlined are added t Part II "Grant Control Requirements-, Section 2.2D "Records and Documentation-, 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 HHVS if requested. In any event race of Packet Page -1389- 9/22/2015 16.D.6. the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for three (3) 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 three (3) five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 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. 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://www.law.cornell.edu/cfritext'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(h) pertaining to individual CDBG activities shall be three 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) page _ c,f Packet Page -1390- • 9/22/2015 16.D.6. IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF D ,7IGIIT : 'OCK, CLERK COLLIERTY,CO FLORIDA i By: Attest as to Chairman!s: j: ; TIM NANCE, CHAIRMAN signatu eol�r. f' c Dated. ( L U -� (SEAL) YOUTH HAVEN, INC. ES J SE IDENT YOUTH HAVEN, INC. Approved as to form and legality: Jennife'r'A. elpedi rr Assistant County Attorney E ,Pe fie 7 of Packet Page -1391- 9/22/2015 16.D.6. Grant# B-14-UC-12-0016 B-13-UC-12-0016 B-I2-UC-12-0016 B-11-UC-12-0016 CFDA/CSFA# 14.218 Subrecipient—Youth Haven, Inc. DUNS #-077283349 AGREEMENT# CD14-12 FEID #-23-7065187 IDIS #- 481 Fiscal Year End: 6/30 Monitor End: 04/2021 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. SAFE AND SECURE HOME FOR COLLIER YOUTH PHASE II & III This Amendment is entered into this day of 2015, by and between Youth Haven, 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." RECITALS WHEREAS, on November 1811` 2014, the COUNTY entered into an Agreement for awarding Community Development Block Grant Program funds to be used for Safe and Secure Home for Collier Youth Phase Il & HI Project (hereinafter referred to as the "Agreement"); and WHEREAS, the Parties desire to amend the Agreement to clarify milestones deadlines in order to achieve a National Objective in accordance with 24 CFR 570.208. 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-ruel -l'lrrough are deleted; Words Underlined are added Y x [15-GRC-00425/1204665/1 Youth Haven Inc. CDBG CD14-12—Second Amendment Safe and Secure Home for Collier Youth Phase Il&III Page 1 of 8 Packet Page -1392- ? 9/22/2015 16.D.6. PART I SCOPE OF`JVORI.'. 1.2 PROJECT DETAILS A. Project Description Improvements Federal Funds Project Component I: Security lighting, including concrete poles, $89,750 fixtures and wiring. Project Component 2: Security fence at lake and security gate with $35,000 cipher lock at driveway. Project Component 3: Security camera system including data $92,500 storage equipment. Project Component 4: Installation of Security window, counter and $28,500 code renovations to the interior of Janet 's Cottage. Project Component 5: Landscaping—Install landscaping buffer at $20,000 South property fence. Project Component 6: Installation of fiber-optic data cable and $16,350 network equipment. $104,100 Project Component 7: Design and Permitting $25,600 Project Component 8: Installation of new plumbing fixtures and 2" $38,750 water line at Jay's & Janette's Cottages, Project Component 9: Installation of sidewalks within the campus 11;44,800 area. Prejeet—Con}penent 10: Repaving--ef-tJ e—c-amptIs--roadway and $57,750 parking areas. $479,000 Y * * E. Payment Deliverables [15-GRC-00425/1204665/11 Youth Haven Inc. CDBG CD14-12—Second Amendment Safe and Secure Home for Collier Youth Phase Ii&Iil Page 2 of 8 Packet Page -1393- '`' 9/22/2015 16.D.6. The Following Table Details the Payment Deliverables Project Component Six: Submission of supporting documents must be Submission Installation of fiber-optic data provided as backup as evidenced by properly of monthly cable and network equipment. completed invoices, timesheets, payroll registers, invoices- See banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% (511,635) ($10,410.00) released upon the delivery and completion of installed fiber-optic data cable and network equipment and any documentation of a minimum of the required supporting proof of payment documents. Project Component Seven: Submission of supporting documents must be Submission Design and Permitting provided as backup as evidenced by properly of monthly completed invoices, timesheets, payroll registers, invoices- See banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($2,650) released upon documentation of a minimum of all necessary permits, drawing and fees associated with the completion of the project Project Component„ Eight: Submission of supporting documents must be Submission Installation of new plumbing provided as backup as evidenced by properly of monthly fixtures and 2" water line at Jays completed invoices, timesheets, payroll registers, invoices- See & Janette's Cottages. banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($3,875) released upon the delivery and completion of the installation of new plumbing fixtures and 2" water lines at Jay's Janette's Cotta•es and documentation. Project Component Nine: Submission of supporting documents must be Submission Installation of sidewalks within ( provided as backup as evidenced by properly of monthly the campus area. completed invoices, timesheets, payroll registers, invoices- See banking documents, vehicle logs, and any additional Exhibit B documents as needed, Final 10% ($4,480) released upon the delivery and completion of the installation of new sidewalks within the campus area. -F-r j-cct —Go -- : Submission of supporting documents must be Submission Repaving of the campus roadway provided as backup as evidenced by properly , of monthly and parking areas. completed invoices, timesheets, payroll registers, i invoices See • :- .- -- - - .c - any additional Exhibit B documents as-needed: 115-CiRC-00425;1204665/11 Youth Haven Inc. CDBC CD 14-12—Second Amendment Safe and Secure Home for Collier Youth Phase II&III Page 3 of 8 Packet Page -1394- ; 9/22/2015 16.D.6. eu, .. completion and installation of the re-paving the campus roadway and parking ar as. Final 10% retainage released Supporting proof of payment documents, including a End of upon completion of the project Certification of Completion must be provided as Project and proof of individuals served, backup including final beneficiary information for all individuals and households served. Y * * 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FOUR HUNDRED SEVENTY NINE THOUSAND DOLLARS and 00/100 ($479,000)for the use by the SUBRECIPIENT for SAFE AND SECURE HOME FOR COLLIER YOUTH PHASE II & III PROJECT 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 SUBRECIPIENT project budget shall be as follows: Line Item Description CDBG Funds Project Component#1- Security lighting, including concrete poles, $ 89,750 fixtures and wiring. Project Component#2- Security fence at lake and security gate $ 35,000 with cipher lock at driveway.. Project Component #3- Security camera system including data $ 92,500 storage equipment. Project Component#4- Installation of Security window, counter $ 28,500 and code renovations to the interior of Janette's Cottage. Project Component #5- Landscaping—Install landscaping buffer at $ 20,000 South property fence. Project Component#6 —Installation of fiber-optic data cable and $ 46,350 network equipment. _ $104,100 Project Component #7- Design and Permitting $ 25,600 Project Component#8- Installation of new plumbing fixtures and $ 38,750 2" water line at Jays &Janette's Cottages. Project Component #9- Installation of sidewalks within the campus $ 44,800 area. Project Component#10 Rep b : .. $ 57,750 parking areas. TOTAL j $479,000 x 115-GRC-00425/1204665/Il Youth Haven Inc. CDBG CDI4-12—Second Amendment Safe and Secure Home for Collier Youth Phase 1I&in Page 4 of 8 Packet Page -1395- 9/22/2015 16.D.6. IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA By: , Deputy Clerk TIM NANCE, CHAIRMAN YOUTH HAVEN, INC. Dated: (SEAL) By: BRENDA O'CONNOR,PRESIDENT YOUTH HAVEN INC. Approved as to form and legality': Jennifer A. Belpedio County Attorney [15-GRC-00425/1204665/1] Youth Haven Inc. CDBG CD14-12—Second Amendment Safe and Secure Home for Collier Youth Phase 11&11I Page 5 of 8 yJ Packet Page -1396- 9/22/2015 16.D.6. EXHIBIT "D" 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: Youth Haven, Inc Date: Project Title: Safe and Secure Home for Collier Youth Phase II& Alternate Program Contact: Stephanie Jinx Liggett, Executive Director Contact. Telephone Number: 'REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): ❑ 12/31/14 ❑3/31115 006130/15 ❑9/30/15 ❑. ?' Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. Please list the outcome goals)from your approved application&sub-recipient agreement and indicate your progress in meeting 1. ( 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: .: ...• Outcome 2: All landscaping completed by January 201fi Outcome 3: Provide for a lien the property in"the amount of CDBG:assistance Outcome 4: 50° of Ira• .0."b0%expended by December 31, 2015 Outcome 5: All upgrades must be fully completed and begin.serving beneficiaries by March 31,2016 (l5-GRC-00425/1204665!I] Youth Haven Inc. CDBG CD 14-12—Second Amendment Safe and Secure Home for Collier Youth Phase 11,&;II] Page 6 of 8 Packet Page -1397- 9/22/2015 16.D.6. B.Goal Progress: Indicate the progress to date in meeting each outcome goal.. .. ____ , _ ,_ _ , , _ , ,,,....,.":::::....,,i._,:.:: :..:".,,,,::,::,,_::::.i.::::,:::::.,..:,,,....::., Outcome 1: Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new 2. timeline for approval. ❑ Q Yes No If no,explain: 3. Since October 28,2014,of the persons assisted,how many.... a. ..now have new access(continuing)to this service or benefit? 0 b. ..now has improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What funding sources are applied for this period/program year? Section 108 Loan Guarantee HOPWA $ • .$ Other Consolidated Plan Funds CrrBG $ Other Federal Funds ESG $ $ State I Local Funds HOME - Total $ Entitlement $ Total Other Funds Funds - []5 GRC 00425/1204665(]) Youth Haven Inc. CDBCI CD14-12—Second Amendment Safe and Secure Home for Collier Youth Phase II&III Page 7 of 8 Packet Page -1398- 9/22/2015 16.D.6. 5. What is the total number of UNDUPLICATED clients served this quarter,If applicable? a. Total No of adult females served: 0; ',: -Total No of females served under 18: 0 b. Total No. of adult males served: 0 Total No.of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No. of female head of household: 0 G. What is the total number of UNDUPLICATED clients served since October,If applicable? • a. Total number of adult females served: 0 Total number of females served under 18: 0 b. Total number of adult males served: •.0 Total number of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No of families served: . '0 Total No.of female head of household: 0 Complete EITHER question#7 OR#8.Complete question#7 If your program only serves clients In one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PRESUMED BENEFICIARY DATA; r 8. OTHER BENEFICIARY DATA:INCOME RANGE • Indicate the total number of UNDUPLICATFD Indicate the total number of L1LL LLP1.LCArEQ persons persons served since October 1 who fall into each presumed benefit category (the total served since October 1 who fall into each income should equal the totel in question#6): category(the total should equal the total in question#6): Report as: Report as: 0. Abused Children 0 ,!Extremely low Income(0-30%) Homeless Person '.0 -.Low Income(31-50%) 0 -'Battered Spouses 0 Moderate Income(51-80%) 0 Persons w/HIV/AIDS 0' Above Moderate Income(>80%) '.Elderly Persons 0 Veterans 0_....._.. Chronically/Mentally ill 0 'Physically Disabled Adults 0- Other-Youth TOTAL: 0 TOTAL: 0 9. Racial&Ethnic Data: 1(if applicable) 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' of whom, how many are Hispanic? Black/African American 0 0 is of whom, how many are Hispanic? Asian :0 D of whom, how many are Hispanic? American Indian/Alaska Native 0 !0 ,-.;of whom,how many are Hispanic? Native Hawaiian/tither Pacific islander 0 -0 of whom, how many are Hispanic? American Indian/Alaskan Native&White 0 1 0 of whom, how many are Hispanic? Black/African American&White 0 -:0 of whom, how many are Hispanic? ,Am. Indian/Alaska Native& Black/African Am. 0 0 of whom, how many are Hispanic? Other Multi-racial 1: -0 0 of whom,how many are Hispanic? Other 0 0 of whom, how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name' Signature: Your typed name here represents your electronic Title: signature 15-GRC-00425/1204665/1] Youth Haven Inc. CDBG CD 14-12—Second Amendment Safe and Secure}Tome for Collier Youth Phase II& III Page 8 of 8 Packet Page -1399-