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Agenda 09/23/2014 Item #16D 19/23/2014 16.D.1. EXECUTIVE SUMMARY Recommendation to authorize a budget amendment for the U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2014 -15 in the amount of $2,945,603 budget entitlements as approved in the HUD Annual Action Plan and approve the standard HUD entitlement agreements upon arrival; approve eight substantial amendments and nine subrecipient agreements associated with the FY 2014 -15 Action Plan, and one agreement amendment to the FY 2013 -14 HUD Annual Action Plan; all for the Community Development Block Grant, HOME Investment Partnership and Emergency Solution Grant programs. OBJECTIVE: To expend federal funds to assist the citizens of Collier County. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) offers entitlement funds to allow local governments to meet program - specific community needs. Entitlement programs include Community Development Block Grant (CDBG), which funds a wide variety of projects such as acquisition, public services, public amenities, and rehabilitation; HOME Investment Partnership (HOME), which funds new construction and rehabilitation of single and multi- family projects; and the Emergency Solutions Grant (ESG), which funds homeless programs. The executive summary addresses four related actions. Action 1: Approve the FY 2014 -15 budget amendment for CDBG, HOME, and ESG and authorize the Chairman to sign the standard HUD entitlement agreements upon arrival. The FY 2014 -2015 Annual Action Plan was approved by the Board at the June 24, 2014 meeting (Item 16D8) and the funding is: FL- FY]4 -15 Allocations NAME CDBG14 flOME14 TOTAL Collier County $2,105,561 $501,110 $163,440 $2,770,111 City of Naples $91,185 $0 $0 $ 91,185 City of Marco Island (FY13) $84,307 $0 $0 $ 84,307 Total $2,281,053 $501,110 $163,440 $2,945,603 Content current as of August 5, 2014 The Housing & Human Services (HHS) Department operates its Federal grant cycle from October l to September 30 to coincide with the County's budget year. Staff salaries are an eligible expense under the administrative portion of the grant funding, and those funds are the primary funding source used to support HHS staff that administers the CDBG, HOME and ESG funds to the subrecipients. HUD funds are available October 1, 2014, but due to HUD's internal administrative process the entitlement agreements will not be prepared and sent to the County before the beginning of the fiscal year. Approval of this item, will allow staff to draw down these funds for administration. This agenda item also authorizes the Chairman to sign the associated HUD entitlement agreements and certifications at a later date without further Board action. These are standard agreements that do not provide for adjustment; they are standard HUD forms. Each HUD entitlement agreement will be reviewed by the County Attorney's Office for legal sufficiency. The effective impact of this action is to have administrative funds available October 1, 2014 to operate the program until the agreements are signed, and also to accept the funding officially when the HUD acceptance forms are provided. Should the Board Packet Page -2017- 9/23/2014 16.D.1. of County Commissioners (BCC) decide not to sign the HUD entitlement agreements and certifications when received from HUD, general funds must be used to reimburse HUD for federal funds expended. Action 2: Approve eight substantial amendments to approved Action Plans. As is required by HUD regulations and the Five -Year HUD Consolidated Plan Citizen Participation Plan, a substantial amendment is proposed to amend projects previously approved. The Board approved the FY 2013 -14 HUD Action Plan at an in absentia Board meeting on August 13, 201' ) (Item 411A) and ratified at a regular Board meeting on September 10, 2013 (Item #16F1). The FY 2014 -15 HUD Annual Action Plan was approved by the Board at the June 24, 2014 meeting (Item 416D8). The following substantial amendment changes are proposed to the FY2013 -2014 HUD Annual Action Plan (in all areas where the project description is referenced): The Shelter for Abused Women and Children (ESG): add eligible activities to include phone and internet, insurance cost necessary for the operation of the emergency shelter, security system expenses, and food to be purchased and provided for the persons to be served. The following substantial amendment changes are proposed to the FY2014 -2015 HUD Annual Action Plan (in all areas where the project description is referenced): The Shelter for Abused Women and Children (ESG): add eligible activities to include phone and internet, insurance cost necessary for the operation of the emergency shelter, security system expenses, and food to be purchased and provided for the persons to be served. Habitat for Humanity — Re -roof project (CDBG): Allow for repair and replacement of roofs, and strike all references to funding the replacements "within specific Census tracts identified as Low Moderate Areas." Legal Aid Services of Collier County (CDBG): Modify the project description to read as follows Fund 1 FT attorney, 1 PT attorney and 1 FT paralegal to provide legal services to victims of domestic violence, sexual assault, dating violence, repeat violence, child abuse, elder abuse and other abuses, and conduct outreach sessions. Also reduce the number of beneficiaries from 250 to 166. David Lawrence Center — Benefits Program (CDBG): Reduce the number of beneficiaries from 400 to 300. The Shelter for Abused Women and Children — Improvements (CDBG): Add fencing to the project description and modify the project sheet to define as a Public Facilities project with one beneficiary. Community Assistance and Supportive Living — Rehabilitation (HOME): Remove all references to funding an environmental review. Purchase Assistance (CDBG): Add language (new project) - Allow staff to reprogram up to $150,000 unallocated CDBG funds. This will become an annual project that will provide purchase assistance as projects complete under budget or otherwise do not move forward, without a substantial plan amendment and without additional Board approval. This allows funds to continue to be allocated and spent in order to meet the timeliness requirement. The required substantial amendment advertisement notice was published in the Naples Daily News on August 22, 2014. The advertisement identified a 30 -day public comment period from August 22, 2014 to September 22, 2014. As of the date of agenda preparation, no comments have been received. Packet Page -2018- 9/23/2014 16.D.1. Action 3: Approve and execute nine subrecipient agreements as noted below: Subrecipient Funding Amount Brief Project Description* CDBG Habitat for Humanity $240,000 Roof repair and replacement United Cerebral Palsy of SW Florida $24,458 Transportation services Legal Aid Service of Collier County $72,100 Legal services Habitat for Humanity $500,000 Legacy Lakes road improvements David Lawrence Center $89,802 1 Community access program Grace Place for Children and Families $300,000 Campus expansion The Shelter for Abused Women and Children $150,000 Shelter improvements HOME Community Assisted Supportive Livin $60,000 Rehabilitation ESG The Shelter for Abused Women and Children 1 $98,064 Shelter operations * A more specific project description is outlined in the subrecipient's agreement - Section I. Scope of Services. Staff has completed a compatibility analysis between the Consolidated Plan; the subrecipients grant application and amendments, the FY 2013 -14 and FY 2014 -15 Action Plans, as amended, the priority needs category and the subrecipient's scope of work. Staff confirms that the projects are compliant with the Consolidated Plan and the FY 2013 -14 and FY 2014 -15 HUD Annual Action Plans. Board approval of the subrecipient agreements confirms the basis upon which payment is to be made; only to change thereafter by Board approved substantial amendment and /or contract amendment, if needed. HHS is requesting the Board authorize the Chairman to execute the subrecipient agreements at the same time as signing the HUD entitlement agreements noted in action 2. The agreements will be effective on the date signed, but as allowed per federal regulations, eligible expenditures will be reimbursed from October 1, 2014. No federal funds will be reimbursed for any subrecipient agreement until the HUD entitlement agreements and the associated subrecipient agreements are signed by the Board Chairman and the subrecipient receives a notice to proceed. Action 4: Approve an agreement amendment to the FY 2013 -14 agreement with The Shelter for Abused Women and Children (ESG) A substantial amendment identified above references changes to the project scope for the FY 2013 -14 ESG agreement with The Shelter for Abused Women and Children. The project scope is proposed as follows (words stnaek thf,,..b,, are deleted; words underlined are added): Fund salary support of Security Coordinator, utilities and include phone and internet, insurance cost necessary for the operation of the emergency shelter, security system expenses, and food to be purchased and provided for the persons to be served in order to operate the Shelter to serve abused women and children FISCAL IMPACT: The FY 2014 -2015 HUD entitlement agreements totaling $2,945,603 will allow HHS to administer, implement, and monitor the projects outlined in the FY 2014 -2015 Annual Action Plan. Cost associated with grant administration and staffing is primarily covered by the entitlement funding. Approximately $3,500 of General Fund (123), Project No. 32001 will supplement the administration of the ESG grant. The funding source for these grant awards are the CDBG, HOME and Packet Page -2019- 9/23/2014 16.D.1. ESG. These projects are budgeted in the Housing Grants Fund (705) for Project No. 33364 (CDBG Grants), Project No. 33365 (HOME Grants) and Project No. 33366 (ESG Grants). ESG requires a 100% match or $163,440. Since HHS will only retain the maximum administrative allowance, the majority of the required match will be passed onto subrecipients as a condition of award totaling $151,182. The balance of $12,258.00 will be met directly by HHS for the administrative allowance retained by the County through the value of in -kind for General Fund support services. The HOME grant requires a 25% match on program activities or an amount of $112,750 will be passed on to subrecipients as a condition of award. Funds are available in the Housing Grants Fund (705) for the subrecipient agreements. Subreci Tent Funding Source Fundine Year Habitat for Humanity - Roof Housing Fund: CDBG Proj ect:33176 FY2011 -2012 Pro' ect: 33364 FY2014 -2015 United Cerebral Palsy of Southwest Florida Housing Fund: CDBG Project: 33364 FY2014 -2015 Legal Aid Service of Collier County Housing Fund: CDBG Pro' ect: 33364 FY2014 -2015 Habitat for Humanity — Legacy Lakes Housing Fund: CDBG Pro' ect: 33364 FY2014 -2015 David Lawrence Center Housing Fund: CDBG Project: 33364 FY2014 -2015 Grace Place for Children and Families Housing Fund: CDBG Project: 33364 FY2014 -2015 The Shelter for Abused Women and Children Housing Fund: CDBG Proj ect:33176 FY2011 -2012 Project: 33364 FY2014 -2015 Community Assisted Supportive Living Housing Fund: HOME Project: 33365 FY2014 -2015 The Shelter for Abused Women and Children Housing Fund: ESG Project: 33366 FY2014 -2015 LEGAL CONSIDERATIONS: The HUD entitlement grant agreements and certifications will be approved for form and legality only if substantially identical to documents received in past years from HUD. Accordingly, this item is approved as to form and legality and requires a majority vote for approval. - JAB GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: To authorize the necessary budget amendment for the HUD Fiscal Year 2014- 2015 $2,945,603 budget as approved in the HUD Annual Action Plan and authorize the Chairman to sign the standard HUD entitlement agreements upon arrival; approve seven substantial amendment and nine subrecipient agreements associated with the FY 2014 -2015 HUD Annual Action Plan, and one subrecipient agreement amendment to the FY 2013 -2014 HUD Annual Action Plan; all for the CDBG, HOME and ESG programs. Prepared By: Elly Soto McKuen, Grant and Housing Coordinator; Housing, Human and Veteran Services Packet Page -2020- 9/23/2014 16. D.1. Packet Page -2021- 9/23/2014 16.D.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16. D. 16. D. 1. Item Summary: Recommendation to authorize a budget amendment for°the U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2014 -15 in the amount of $2,945,603 budget entitlements as approved in the HUD Annual Action Plan and approve the standard HUD entitlement agreements upon arrival; approve eight substantial amendments and nine subrecipient agreements associated with the FY 2014 -15 Action Plan, and one agreement amendment to the FY 2013 -14 HUD Annual Action Plan; all for the Community Development Block Grant, HOME Investment Partnership and Emergency Solution Grant programs. Meeting Date: 9/23/2014 Prepared By Name: McKuenElly Title: Grants Coordinator, Housing, Human & Veteran Services 8/2/2014 1:55:06 PM Submitted by Title: Grants Coordinator, Housing, Human & Veteran Services Name: McKuenElly 8/2/2014 1:55:07 PM Approved By Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 9/6/2014 6:51:52 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services Date: 9/8/2014 10:49:42 AM Name: Bendisa Marku Title: Supervisor - Accounting, Housing, Human & Veteran Services Packet Page -2022- Date: 9/9/2014 9:49:32 AM 9/23/2014 16.D.1. Name: MesaNancy Title: Accountant, Housing, Human & Veteran Services Date: 9/10/2014 9:13:56 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 9/10/2014 9:23:25 AM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 9/11/2014 1:07:41 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 9/15/2014 10:20:52 AM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 9/15/2014 5:26:19 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/17/2014 10:48:13 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/17/2014 1:07:51 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 9/18/2014 9:31:37 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/18/2014 9:38:35 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 9/18/2014 10:01:33 AM Packet Page -2023- 9/23/2014 16.D.1. Grant # - E- 14- UC- 12 -0024E CFDA/CSFA# - 14.231 Subrecipient — The Shelter for Abused Women and Children, Inc. DUNS # - 836680769 IDIS# ESG14 -01 FEID # - 59- 2752895 FY End 06/30 Monitoring Deadline 11/2015 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN AND CHILDREN, INC. THIS AGREEMENT is made and entered into this day of , 2015, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "THE SHELTER FOR ABUSED WOMEN AND CHILDREN, INC. ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at P.O. Box 10102, Naples, FL 34101. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney -Vento Homeless Act (42 U.S.C. 11371 - 11378); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds; to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re- housing assistance and Homeless Management Information System [HMIS]); and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of homeless residents; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan — One Year Action Plan for Federal Fiscal Year 2013 -2014 for the ESG Program with Resolution 2014 -129 on June 24,2014— Agenda Item 1608; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The Shelter for Abused Women & Children 2014 -15 ESG (ES 14-01) Emergency Solutions Grant Utilities & Personnel Packet Page -2024- Page 1 of 38 9/23/2014 16.D.1. The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: A. PROJECT DETAILS Emergency Solutions Grant ESG Program Project Component One: Personnel costs to support a Security Officer for 42 weeks for thirty (30) hours per week at $16.00 per hour. The Security Officer monitors the emergency shelter facility which is vital to daily operations. 75% of their 40 hour week will be charged to the project. Project Component Two: Utilities - which includes electric, phone & internet, trash removal, and water and sewer costs to operate the shelter facility. Project Component Three: Insurance cost necessary for the operation of the emergency shelter_ Project Component Four: Shelter Operations: Food and security system monthly recurring and maintenance expenses. 1. Project Tasks a. Maintain documentation on all households served in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting an ESG National Objective c. Provide Environmental Review Assessment 2. ESG Documentation Requirements Compliance Criteria Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). B. SPECIAL GRANT CONDITIONS 1. Within 60 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed program schedule for the completion of key milestones for the program including the environmental review. 2. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the incurrence of costs on activities that would limit the choice of reasonable alternatives. The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 2 of 38 Packet Page -202S- 9/23/2014 16.D.1. 3. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds. a. Affirmative Fair Housing Policy b. Affirmative Fair Housing Marketing Plan c. Procurement Policy including Code of Conduct d. Affirmative Action Plan e. Conflict of Interest Policy f. Fraud Policy g. Equal Opportunity Policy h. Residential Anti- displacement and Relocation Policy i. Sexual Harassment Policy j. 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) k. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) All services /activities funded with ESG funds must meet one of the ESG program components as defined in 24 CFR 576: • Street Outreach: funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management and services for special populations. • Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, child care, education, employment assistance and job training, legal, mental health, substance about treatment, transportation and services for special populations). • HomeIessness Prevention and Rapid Re- Housing: both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement activities). Housing may also be used for short or medium term rental assistance for those who are at -risk of becoming homeless or transitioning to stable housing. • HMIS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs and participation fees). II. TIME OF PERFORMANCE Services /Activities of the SUBRECIPIENT shall start on the 0 day of January, 2015 and end on the 31" day of October, 2015. The services /activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The Shelter for Abused Women & Children 2014 -15 ESG (ES 14-01) Emergency Solutions Grant Utilities & Personnel Packet Page -2026- Page 3 of 38 ED 9/23/2014 16.D.1. III. AGREEMENT AMOUNT The COUNTY agrees to make available NINETY EIGHT THOUSAND SIXTY FOUR DOLLARS ($98,064) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). The budget identified for the Shelter Operations Project shall be as follows: Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a project component shall only be made with board approval. All services /activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request The Shelter for Abused Women & ChiIdren 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 4 of 38 Packet Page -2027- ��r ESG Line Item Description ESG Funds Match Funds (1:1) Project Component One: Personnel: 75% of $20,160 1FTE Security Officer, 30 hours per week annually @ $16 per hour x 42 weeks: Project Component Two: Utilities which $70,600 includes electric, phone & internet, trash removal, and water and sewer costs to operate the shelter facility. Project Component Three: Insurance cost $4,804 necessary for the operation of the emergency shelter. Proiect Component Four: Shelter $2,500 Operations: Security system expenses and Food to be purchased and provided for persons to be served ESG Match Requirement Documentation of ESG $98,064 Eligible matching funds Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a project component shall only be made with board approval. All services /activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request The Shelter for Abused Women & ChiIdren 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 4 of 38 Packet Page -2027- ��r 9/23/2014 16.D.1. disbursement of ESG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet . prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule: PAYMENT DELIVERABLES Deliverable Payment-Supporting Documents Submission Schedule Project Component One: funding will Upon invoicing using Exhibit B Monthly assist with emergency shelter personnel will reimburse allowable expenses support of a Security Coordinator with documentation including but (including taxes). not limited to properly completed invoice, timesheets, payroll, Project Component Two: Utilities which banking, canceled checks, utility includes electric, phone & internet, trash document(s), and any additional removal, and water and sewer costs to supporting documentation as operate the shelter facility. needed. Project Component Three: Insurance cost necessary for the operation of the Final 10% ($9,806.40) released emergency shelter. upon documentation of a minimum of 450 persons served. Project Component Four: Shelter Retainage will be deducted from Operation: Security system expenses and each invoice. Food to be purchased and provided for persons to be served ESG Match Supporting Match documentation Monthly from Thrift Shoppe Revenue PROGRAM DELIVERABLES Deliverable Program — Deliverable Supporting Submission Schedule Documents Creation and maintenance of income N/A Ongoing eligibility files on clients served The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 5 of 38 Packet Page -2028- C��� 9/23/2014 16.D.1. Progress Reports Exhibit C Quarterly Proof of Insurance Insurance Certificate Annually within 30 days of renewal Affirmative Action Plan Plan Documents Within 60 days of executed agreement and updates submitted annually Annual Audit Audit Report with Management 6/30 annually Letter and Exhibit E IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, 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 239- 252 -2399 mai Ito: SantabarbaraGinola)collierp-ov .net SUBRECIPIENT ATTENTION: Rosa Leon, Grants Officer The Shelter for Abused Women & Children P.O. Box 10102 Naples, FL 34101 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG 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 ESG funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS '11ie Shelter for Abused Women ,& Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2029- Page 6 of 38 v 9/23/2014 16.D.1. A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning HEARTH Act. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend, this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 7 of 38 Packet Page -2030- �' 9/23/2014 16.D.1. 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 ,vrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. F. COUNTY RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 576, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However„ if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. (A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of finds provided under this Agreement; or The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 8 of 38 Packet Page -2031- �' 9/23/2014 16.D.1. 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. 5. Submission by the SUBRECIPIENT of any false certification; 6. Failure to materially comply with any terms of this Agreement; and 7. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional management; Require immediate repayment by SUBRECIPIENT to the County of all ESG funds SUBRECIPIENT has received under this Agreement; 4. Apply sanctions set forth in 24 CFR 576, if determined by the County to be applicable; S. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. H. MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar- for - dollar pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may comply with is requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as state, local and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those funds from being used to match ESG funds. In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by HUD as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions; or 2. Non -cash contributions, calculated per requirements in 24 CFR 576.201(e), include the value of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program, provided that if the SUBRECIPIENT had to pay for them with grant fiends, the costs would have been allowable. Non -cash contributions may include: The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 9 of 38 ~\` Packet Page -2032- 9/23/2014 16. D.1. a. The purchase value of any donated material or building. SUBRF_,CIPIENT shall determine the value of any donated material or building, or of any lease, using a. method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing similar work the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid. by program income shall count toward meeting the SUBRECIPIENT's matching requirements, provided the costs are eligible ESG costs that supplement the ESG program. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with ESG funds in excess of $25,000 as outlined in 24 CFR 576 must either: a. Be used to meet one of the ESG program components in 24 CFR 576.500(y) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -ESG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this Agreement, the ESG Program and all other applicable laws and The Shelter for Abused Women & Children 2014 -15 ESC (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 10 of 38 !, Packet Page -2033- 9/23/2014 16.D.1. regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records by the Federal regulation specified in 24 CFR 576.500 that are pertinent to the activities to be funded under this Agreement. 2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. 3. All reports, plans, surveys, information, documents, maps, books, records and other data. procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 4. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for five (5) years, as required by 24 CFR 576.500(y), after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 576.500(y). 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. 5. The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided following confidentiality as required by 24 CFR 576.500(x). Such data shall include, but not be limited to, client name, address, income level or other basis for such determining eligibility of client being homeless or "at risk of homelessness ", all required data to adhere to HM1S standards and description of service provided as required by 24 CFR 576.500. Such information shall be made available to COUNTY monitors or their designees for review upon request. The SUBRECIPIENT agrees that 14HVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT must keep documentation showing that ESG grant fluids were spent on allowable costs in accordance with the requirements for eligible activities under 24 CFR 576.101 The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant f 38 11 o Utilities &Personnel Page j Packet Page - 2034 -f 9/23/2014 16.D.1. through 576.109 and the cost principles in OMB Circulars A -87 (24 CFR Part 225) and A -122 (2 CFR Part 230). 7. The SUBRECIPIENT agrees to comply with 24 CFR 84.21 -28 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. The SUBRECIPIENT must develop and implement written procedures for confidentiality to ensure: a. All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and /or receives ESG assistance will be kept secure and confidential; b. The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under the ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter; and c. The address or location of any housing of a program participant will not be made public, except as provided under a pre- existing privacy policy of the SUBRECIPIENT and consistent with state and local laws regarding privacy and obligations of confidentiality; and d. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be maintained in accordance with 24 CFR 576.500(x). e. Disclosure — The SUBRECIPIENT understand that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited by applicable State or Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent /guardian. The SUBRECIPIENT's written procedures shall ensure confidentiality of records pertaining to the provision of family violence prevention or treatment services with assistance as required by 24 CFR 576.500(x) asset forth in 42 U.S.C. I I375(c)(5). C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports based on Universal Data Elements collected at the time of assessment. The COUNTY shall receive the reports electronically on the 15`x' day of April, July, October and January respectively for the prior quarter period end. As part of the report submitted in April 2015, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C ". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or 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 The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2035- Page 12 of 38 9/23/2014 16.D.1. termination of this Agreement. The SUBRECIPIENT must participate in a HMIS at least on a quarterly basis. If a SUBRECIPIENT is a victim service provider, it may use a comparable database that collects client -level data over time and generates unduplicated aggregate reports based on the data. A victim service provider means a private nonprofit organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault or stalking. This term includes rape crisis centers, battered women's shelters, domestic violence transitional housing programs and other programs. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (l) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range ($ Quotes Under $3K 1 Written Quote $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation to Bid (ITB) E. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. F. QUESTIONED COSTS If the SUBRECIPIENT submits charges and receives payment from the grant that are subsequently questioned and disallowed. If the SUBRECIPIENT does not agree to repay the disallowed costs in a lump sum payment by the date specified or begin and /or continue repayment under an installment plan approved by the COUNTY, appropriate action, such as suspension of any current or future contract payments, termination of Agreement(s), referral to COUNTY legal for further actions or any other appropriate actions necessary will be taken to recover the disallowed costs. For purposes herein, the term "findings" refers to a. deficiency in program performance based on a statutory, regulatory or Agreement requirement for which sanctions or other corrective The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2036- Page 13 of 38 9/23/2014 16. D.1. actions are authorized. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined in 24 CFR 85.25 and 24 CFR 576.2) gained from any activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY, through an annual program income re -use plan. The COUNTY shall approve the program income re -use plan utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 576 in the operation of the Program H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. I. CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013 -228, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by SUBRECIPIENTS, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non - compliance is as follows: 1. Initial non - compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non - compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. the Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 14 of 38 Packet Page -2037- �' 9/23/2014 16.D.1. a 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. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. 1. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining and operating facilities assisted under ESG, in providing services assisted under ESG, and in providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer The Shelter for Abused Women & Children 2014 -15 ESG (ES 14-01) Emergency Solutions Grant Utilities & Personnel Page 15 of 38 Packet Page -2038- ',sc 9/23/2014 16.DA. services. Section 3 is relative to any of the SUBRECIPIENT's 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. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro- Americans, Spanish- speaking, Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 1.1246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for 3n Affirmative Action Program within 60 days of award of contract execution. D. CONFLICT OF INTEREST The SUBRECIPIENT must keep records to show compliance with the organizational conflicts of interest requirements in 24 CFR 576.404(a) and 24 CFR 84.42, a copy of the personal conflicts of interest policy or codes of conduct developed and implemented to comply with the requirements in 24 CFR 576.404(b) and records supporting exceptions to the personal conflicts of interest prohibitions. E. EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation and privacy standards (Exhibit E) as required by 24 CFR 576.403(b). F. PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable state and local housing codes, licensing requirements and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. G. COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS . he Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2039- Page 16 of 38 9/23/2014 16.D.1. The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targetedt._.. , toward homeless people and mainstream service and assistance programs (Exhibit G). H. HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.560(g). XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS The SUBRECIPIENT must document their compliance with the faith -based activities requirements under 24 CFR 576.406 and will not utilize ESG funds for inherently religious activities prohibited in the federal statute, such as worship, religious instruction or proselytization. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2040- Page 17 of 38 9/23/2014 16. D. 1. --- IN WITNESS WHEREOF, the Subrecipieni 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. BROCI<, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk TOM HENNING, CHAIRMAN Dated: (SEAL) THE SHELTER FOR ABUSED WOME-N AND CHILDREN, INC. B Signature Linda Oberhaus. Executive Director Print Name, & Title Approved as to form and legality: V Jermifieiok Belp \ -ediQs Assistant County Attorney The Shelter for Abused Women & Children 2014-15 ESC (ES 14-01) Emergency Solutions Grant Utilities & Personnel Page 18 o1'38 Packet Page -2041 9/23/2014 16.D.1. EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed. Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. b. 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 The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 19 of 38 Packet Page -2042- ,:Ji 9/23/2014 16.D.1. under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION /MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. the Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2043 - Page 20 of 38 9/23/2014 16.D.1. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: The Shelter for Abused Women and Children, Inc Sub recipient Address: P.O. Box 10102, Na�Ies, FL 34101 Project Name: Emergency Solutions Grant Emergency Shelter Operations Project Project No: CD 14 -02 Payment Request # Total Payment minus Retainage: Period of Availability: 10/01/14 — 09/30/15 The Agency has incurred the indebtedness listed below between and_ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3, Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests (Include Retainage) $ 5. Amount of Today's Request $ b. 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 Title Authorizing Grant Coordinator Supervisor (approval required $15,000 and above) The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Date Authorizing Grant Accountant Department Director (approval required $15,000 and above) Page 21 of 38 Packet Page - 2044 - `:;i' 9/23/2014 16.D.1. EXHIBIT "C" Emergency Shelter Grants (ESG) Program Client Characteristics Report Report Period: Fiscal Year: Contract Number Organization /s: Program /s: Contact Name: Contact Number: Elderly: 1. Ethnicity and Race of clients served: Report Selection Criteria White Black /African American Asian American Indian /Alaskan Native Native Hawaiian /Other Pacific Islander American Indian /Alaskan Native /White Asian and White Black /African American and White American Indian /Alaskan Native and Black African American Other /Multi - Racial TOTAL UNKNOWN 0 0 2. Number of adults and children served: a. Residential Number of Adults Number of Children Number of Unknown Age b. Non Residential Number of Adults Number of Children Number of Unknown Age Non Hispanic Hispanic a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 barracKs Group /Large House - Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile Home/Trailer Hotel/Motel Other Apartment /Complex Other Single Family Duplex The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel t; Emerges Packet Page_ 2045 -'ESG) J. V. 2012 Page 22 of 38 Page Iof3 3. Number of individuals /families served, by categories: Number of individual households (singles) Unaccompanied 18 and over Male Female Unaccompanied 17 and under Male Female Number of Families with children Headed by single 18 and over Male Female _ Headed by single 17 and under Male Female Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL 4. Total projects) /service(s) provided to clients in range: a. emergency shelter facilities shelter b, vouchers for shelters c. drop -in center d. food pantry e. mental health f. alcohol /drug g. child care h. employment I. transitional . outreach k. soup kitchen /meal distribution I. health care m, HIV /AIDS services n. other (please list) 5. Number of clients served by sub population (duplicated count): a. Chronically Homeless b. Victims of Domestic Violence c. Elderly d. Veterans e. Individuals with HIV /AIDS f. Chronic Substance Abuse (alcohol and /or drug) The Shelter for Abused Women & Children 2014.15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel 4C_ <=) V. 2012 9/23/2014 16.D.1. g. Severely Mentally III h. runaway / throwaway youth h. Other disability (Physical and /or Developmental) Emerger Packet Page - 2046 -:ESG) Page 23 of 38 Page 2 of 3 9/23/2014 16.D.1. (Chronically Homeless - HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either. 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Non Hispanic Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q Barracks Group /Large House - Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile Homerfrailer Hotel /Motel Other Apartment/Compfex he Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 24 of 38 Packet Page -2047- 9/23/2014 16.D.1. EXHIBIT "D" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Governments, and Non - Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our subrecipients 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 The Shelter for Abused Women and Fiscal Year Children, Inc.. Period Total State .Financial Assistance Expended during � most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A -133 audit by . Within ❑ 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year ❑ indicated above • Are a for - profit organization • Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. /lf finriinnc were nnte& please enclose a coov of the resuonses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel EXHIBIT "E" Page 25 of 38 Packet Page -2048- 9/23/2014 16.D.1. EMERGENCY SHELTERS The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Emergency Shelters, as applicable: 24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet state or local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety, sanitation and privacy standards. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carded out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating /cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing - impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. i'he Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2049- Page 26 of 38 9/23/2014 16.D.1. EXHIBIT "F" PERMANENT ROUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitaryfacilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating /cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing - impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 27 of 38 Packet Page -2050- 9/23/2014 16.D.1. EXHIBIT "G" COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation ivith the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; developing the performance standards for, and evaluating the outcomes of, projects and activities assisted by ESG funds; and developing funding, policies, and procedures for the administration and operation of the HMIS. (b) Coordination mith other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG- funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community -wide system to prevent and. end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582);, (2) Supportive Housing Program (24 CFR part 583); (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882); �4) HUD — Veterans Affairs Supportive Housing (HUD –VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub, L. 110 -161 (2007), 73 FR 25026 (May 6, 2008)); (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII –B of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. )); (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act 4( _ U.S.C. 290aa -5); (7) Healthcare for the Homeless (42 CFR part 51 c); (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)); (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc -21 et seq.)); (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act); (11) Emergency Food and Shelter Program (title III of the McKinney -Vento Homeless Assistance Act U.S.C. 11331 et seq.)); the Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 28 of 38 Packet Page -2051- `'`% 9/23/2014 16.D.1. (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act ( 2 U.S.C. 13975)); (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021); (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043); (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61); (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031); (17) Homeless Veterans Dental Program (38 U.S.C. 2062); (18) Supportive Services for Veteran Families Program (38 CFR part 62); and (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031). (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and. integrate, to the maximum extent practicable, ESG- funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1.4378) (24 CFR parts 905, 968, and 990); (2) Housing programs receiving tenant -based or project -based assistance under section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983); (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891); (4) HOME Investment Partnerships Program (24 CFR part 92); (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265); (6) Health Center Program (42 CFR part 51c); (7) State Children's Health Insurance Program (42 CFR part 457): (8) Head Start (45 CFR chapter XIII, subehapter B); (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96); and (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq. ). The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 29 of 38 Packet Page -2052- 9/23/2014 16.D.1. (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG- funded program or project within the Continuum of Care's area must use that assessment system. The recipient and subrecipient must work with the Continuum of Care to ensure the screening, assessment and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. The COUNTY must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. The recipient must describe these standards in its consolidated plan. At a minimum these written standards must include: (i) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG; (ii) Standards for targeting and providing essential services related to street outreach; (iii) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest; (iv) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter; (v) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re- housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG - funded activities must be coordinated and integrated to the maximum extent practicable); (vi) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re- housing assistance; (vii) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re- housing assistance; (viii) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time; and (ix) Standards for determining the type, amount, and duration of housing stabilization and /or relocation services to provide to a program participant, including the limits, if any, on the homelessness prevention or rapid re- housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant receive assistance; or the maximum number of times the program participant may receive assistance. The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2053- Page 30 of 38 9/23/2014 16.D.1. (0 Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. if the subrecipient is a victim service provider or a legal services provider, it may use a comparable database that collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. The Shelter for Abused Women & Children 2014 -I5 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2054- Page 31 of 38 9/23/2014 16.D.1. EXHIBIT "H" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR Part 576 Emergency Solutions Grants Program 2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 50 as amended. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166 5. Title VIII of the Civil Rights Act of 1968 as amended 6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 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. 8. Title VIl of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 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. 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 language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 32 of 38 Packet Page -2055- 9/23/2014 16.D.1. be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low - income persons residing within the metropolitan area in which the ESG- 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 ESG - 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. 10. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 11. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 12. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. 13. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable t4. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable. 18. Public Law 100 -430 - the Fair Housing Act (42 U.S.C. 3601, et seq.) and implementing regulations at 24 CFR Part 100. The Shelter for Abused Women & Children 2014 -15 ESG (ES 14-01) Emergency Solutions Grant Utilities& Personnel Page 33 of 38 Packet Page -2056- 9/23/2014 16.D.1. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: • Subpart A — General; • Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C — Post -Award Requirements, except for; • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 SUBRECIPIENTs shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, SUBRECIPIENTs shall follow 570.505; • 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 ESG funds were used to acquire the equipment); and ■ Equipment not needed by the SUBRECIPIENT for ESG activities shall be transferred to the recipient for the ESG program or shall be retained after compensating the recipient; • Section 84.35, Supplies and other Expendable Property; • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • 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 ESG activities shall be 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; • Section 84.61, Termination - In Iieu of the provisions of 84.61, SUBRECIPIENTs shall comply with 570.503(b)(7); and Subpart D — After -the -Award Requirements — except for 84.71, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 24 CFR 85.25(8) — Program Income 24 CFR 85.36 — Governments conflict of interests 21. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. . he Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2057- Page 34 of 38 9/23/2014 16.D.1. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 201h Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 U.S.C. 7401, et seq. b. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information as well as other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued there under. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 27. All shelters assisted under the ESG program and all housing occupied by program participants must adhere to the requirement of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 -4856) and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M and R. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners and tenants of properties construction prior to 1978 be properly notified that such properties may include lead -based paint. Such notifications shall point out the hazards of lead -based paints and explain the symptoms, treatment and precautions that should be The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2058- Page 35 of 38 9/23/2014 16.D.1. taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 29. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 U.S.C. 701). 30. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). 31. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 32. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States Local Governments, and Indian Tribes follow: • A -87 for Cost Principles (2 CFR 225) • A -102 for Administrative Requirements Educational Institutions (even if paid 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 (2 CFR 230) • A -110 for Administrative Requirements 2 CFR 22.5 — Appendix E, Cost Principles for Non -Profit Organizations 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. ,'he Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2059- Page 36 of 38 9/23/2014 16.D.1. 34. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 35. 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, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). 36. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 37. Lobbying - No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions and shall comply with 24 CFR part 87. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly; This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 38. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 39. Any rule or regulation determined to be applicable by HUD. The Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Page 37 of 38 Packet Page -2060 9/23/2014 16.D.1. 40, Florida Statutes 119.021 Records Retention 41. Florida Statutes, 119.071, Contracts and Public Records 42. Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(l 1) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e- 2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) 43. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines he Shelter for Abused Women & Children 2014 -15 ESG (ES 14 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2061- Page 38 of 38 9/23/2014 16. D.1. Grant # - M- 14 -UC -12 -0217 CFDA/CSFA# - 14.239 SUBRECIPIENT — Community Assisted and Supported Living, Inc Agreement # HM14 -01 DUNS # - 940621519 IRIS # 492 FEID # - 65- 0869993 Fiscal Year End: 12/31 Monitoring Deadline: 10 /2025 AGREEMENT BETWEEN COLLIER COUNTY AND COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. (CASL) THIS AGREEMENT is made and entered into this day of , 2014, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and Community Assisted and Supported Living, Inc." a private not -for- profit corporation existing under the laws of the State of Florida, having its principal office at 1401 16th Street, Sarasota, Florida 34236. WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston - Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2014 -2015 for the HOME Program on June 24,2014, Agenda Item 16138; and WHEREAS, HUD has approved the County's Consolidated PIan One -Year Action Plan for Federal Fiscal Year 2014 -2015 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in this Agreement, in accord with the approved One -Year Action Plan; and WHERE, AS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree as follows: Page 1 of 40 CASL HOME TIM 11-01 Rehab of multi family properties Packet Page -2062- 9/23/2014 16.D.1. 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 HOME funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: Proiect Component One: Building rehabilitation of multi - family housing for low to moderate income adult individuals with disabilities. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the construction of the properties. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty (30) days of conveyance: 1. Fair Housing Policy 2. Marketing Plan 3. Fraud Policy 4. Affirmative Action/ Equal Opportunity Policy 5. Conflict of Interest Policy 6. Equal Opportunity 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/Budget Activity Federal Funds Match Project Contponerrt One. Partial Funding for rehabilitation of $60,000 multi- family rental housing. Match Minimum Required match Page 2 of 40 CAST, HOME ILM14.01 Rehab of multi family properties Packet Page -2063- 9/23/2014 16.D.1. The Subrecipient will accomplish the following project tasks: Proiect Tasks I. Maintain documentation and income data on all households served in compliance with 24 CFR 92.508 2. Provide Quarterly reports on project status (Exhibit C and D) and meeting an eligible activity. 3. Required attendance by a representative from Executive Management at quarterly partnership meetings, as requested 4. Provide Site Design and Specifications, as applicable 5. Prepare Bid Specifications and Engineer's Cost Estimate, if applicable 6. Obtain Sealed Bids and provide associated procurement documentation 7. Submit invoices to HHVS for rehabilitation costs for each unit 8. Once rehabilitation has been completed, HHVS will provide a lien for each unit assisted for a period associated to the amount of HOME assistance provided by the County 9. Market Analysis 10. Project Proforma prior to rehabilitation and updated at the completion of the project B. Income Requirements Nominally all tenants must be at or less than 80% of AMI; but Program -wide Income Targeting requires that 90% of rental families be at or less than 60% of AMI; In projects with 5 or more HOME- assisted units, 20% of the units must be occupied by families at or below 50% of AMI; and Incomes of tenants must be certified initially and recertified annually. C. Project Outcome The SUBRECIPIENT will be reimbursed for the partial rehabilitation of multi - family rental properties and the SUBRECIPIENT shall assure that the units are occupied by tenants that qualify, pursuant to paragraph B above. The units will be deed restricted for the affordability period subject to dollar of HOME funds invested to each unit. CASL HOME HNf14 -01 Rehab of multifamily properties Page 3 of 40 Packet Page -2064- 25% of total HOME award Grand Total: $60,000 $15,000 The Subrecipient will accomplish the following project tasks: Proiect Tasks I. Maintain documentation and income data on all households served in compliance with 24 CFR 92.508 2. Provide Quarterly reports on project status (Exhibit C and D) and meeting an eligible activity. 3. Required attendance by a representative from Executive Management at quarterly partnership meetings, as requested 4. Provide Site Design and Specifications, as applicable 5. Prepare Bid Specifications and Engineer's Cost Estimate, if applicable 6. Obtain Sealed Bids and provide associated procurement documentation 7. Submit invoices to HHVS for rehabilitation costs for each unit 8. Once rehabilitation has been completed, HHVS will provide a lien for each unit assisted for a period associated to the amount of HOME assistance provided by the County 9. Market Analysis 10. Project Proforma prior to rehabilitation and updated at the completion of the project B. Income Requirements Nominally all tenants must be at or less than 80% of AMI; but Program -wide Income Targeting requires that 90% of rental families be at or less than 60% of AMI; In projects with 5 or more HOME- assisted units, 20% of the units must be occupied by families at or below 50% of AMI; and Incomes of tenants must be certified initially and recertified annually. C. Project Outcome The SUBRECIPIENT will be reimbursed for the partial rehabilitation of multi - family rental properties and the SUBRECIPIENT shall assure that the units are occupied by tenants that qualify, pursuant to paragraph B above. The units will be deed restricted for the affordability period subject to dollar of HOME funds invested to each unit. CASL HOME HNf14 -01 Rehab of multifamily properties Page 3 of 40 Packet Page -2064- 9/23/2014 16.D.1. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Proieeet Component One: Documentation Submission of monthly invoices Special Grant Condition Policies Policies as stated in this Within thirty (30) days of Section 1.1 agreement A reement.Execution HQS Inspections Inspection Form Prior to Occupancy and annually rental housing, thereafter until.2025 Insurance Insurance Certificate Exhibit A Annually within thirty (30) days of renewal until 2025 Detailed Project Schedule Project Schedule Within thirty (30) days of Agreement Execution Project Plans And Specifications Site Plans and Rehabilitation Prior to start of Rehabilitation S ecifications Income Documentation Exhibit E Prior to Occupancy and .recertification of tenants annually thereafter until 2025 Submission of Progress Report Exhibit C & D Monthly until completion of rehabilitation. Quarterly Reports until fill] occupancy. Annually thereafter until 2025 Financial and Compliance Audit Exhibit F Annually one hundred eighty (180) days after FY end until 2025 Continued Use Certification Continued Use Affidavit Annually until 2025 Tenant leases Copy of lease document Prior to occupancy Occupancy and Tenant Income OccupancyNacancy Report Annually until 2025 Report and Rental Rate Report E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Proieeet Component One: Submission of supporting documents must be provided as Submission of monthly invoices Funding costs will include but not limited to the following backup as evidenced by contractor expenses: Partial funding for schedule of valueslinvoices or rehabilitation of multi- family equivalent, proof of permit close rental housing, out, if applicable, banking documents, canceled checks, and any additional documents as needed. Final 10 % 6,000 released upon Page 4 of 40 Cast, HOME 1iM14 -01 Rehab of multi family properties Packet Page -2065- 9/23/2014 16.D.1. 1.3 TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start effective the date of the execution of this agreement and shall end on 30"' day of September 2015. Rehabilitation activities shall be completed by .2015 and the affordability period shall cease in 2025. The term of this Agreement and the provisions herein may be extended. by amendment to cover any .additional time period during which the SUBRECIPIENT remains in control of HOME funds or other HOME assets, including program income. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available SIXTY THOUSAND DOLLARS ($60,000.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendirlent(s) to the Agreement, shall be referred to as the "Funds "). Modifications to the `Budget. and Scope" may only be made if "approved in advance by the COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% between project components shall only be made with board. approval. SUBRECIPIENTS are required to competitively bid and must ensure that every purchase order or contract executed for federally- assisted projects comply with all other Federal requirements and applicable LABOR provisions. SUBRECIPIENT must include in each contract HUD form 4010 when contracting for services or goods related to a Federal award. Match Pursuant 24 CFR 92.218 Match is required for HOME funds. The SUBRECIPIENT is required to provide match funds when identified as an eligible source, such as contributions to housing activities that qualify as affordable housing under the HOME program throughout a fiscal year. Contributions that have been or will be counted as satisfying a matching requirement of another Federal grant or award may not count as satisfying the matching contribution requirement for the HOME program. Pursuant to Florida administrative Code 67- 37.007 the State Housing Initiatives Partnership Program funds may be used as required match for .HOME eligible activities. Page 5 of 40 CASL HOME HM1.4 -01 Rehrb of multi family properties Packet Page -2066- documentation/certification of completion, 'final waiver of lien, permit close, if applicable out and 4 units rehabilitated and satisfaction of match requirement Match Submission of supporting Quarterly documents may also include cash or in kind documentation; to include canceled checks, banking statements, invoices; additional documentation may be requested 1.3 TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start effective the date of the execution of this agreement and shall end on 30"' day of September 2015. Rehabilitation activities shall be completed by .2015 and the affordability period shall cease in 2025. The term of this Agreement and the provisions herein may be extended. by amendment to cover any .additional time period during which the SUBRECIPIENT remains in control of HOME funds or other HOME assets, including program income. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available SIXTY THOUSAND DOLLARS ($60,000.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendirlent(s) to the Agreement, shall be referred to as the "Funds "). Modifications to the `Budget. and Scope" may only be made if "approved in advance by the COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% between project components shall only be made with board. approval. SUBRECIPIENTS are required to competitively bid and must ensure that every purchase order or contract executed for federally- assisted projects comply with all other Federal requirements and applicable LABOR provisions. SUBRECIPIENT must include in each contract HUD form 4010 when contracting for services or goods related to a Federal award. Match Pursuant 24 CFR 92.218 Match is required for HOME funds. The SUBRECIPIENT is required to provide match funds when identified as an eligible source, such as contributions to housing activities that qualify as affordable housing under the HOME program throughout a fiscal year. Contributions that have been or will be counted as satisfying a matching requirement of another Federal grant or award may not count as satisfying the matching contribution requirement for the HOME program. Pursuant to Florida administrative Code 67- 37.007 the State Housing Initiatives Partnership Program funds may be used as required match for .HOME eligible activities. Page 5 of 40 CASL HOME HM1.4 -01 Rehrb of multi family properties Packet Page -2066- 9/23/2014 16.D.1. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIEN I' may not request disbursement of HOME funds until funds are needed for the payment of eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. However, invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred . during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due .no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written authorization from the Grant Coordinator will not be reimbursed. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment . will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced. above. The Grantee must provide adequate documentation for validating costs incurred.. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles for State, .Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A Developer is not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is Subject to 24 CFR Part 85 and may impose requirements upon the Developer in order for the County to 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. 1.6 NOTICES Page 6 of 40 CASL HOME HH114 -01 Rehab of multi family properties Packet Page -2067- 9/23/2014 16.D.1. Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Priscilla Doria, Grant Coordinator Collier County Government Housing, Human & Veteran Services Department 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto: Priscil laDoria!,�),Coll iergov.net Phone: 239- 252 -5312 SUBRECIPIENT ATI NTION: Mr. J. Scott Eller, CEO Community Assisted & Supported Living, Inc. (CASL) 1401 16" Street. Sarasota, FL 34236 Scott .eller(a)renaissancemanor.ora 941- 365 -8645 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 and in compliance with 24 CFR 92.504. 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 92.508 to determine compliance with the requirements of this Agreement, the HOME Program Page 7 of 40 CAM, HOME HAll4-Oi Rehab of multi family properties 4� Packet Page -2068- 9/23/2014 16.D.1. and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records.required by HOME 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 HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and 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. Page 8 of 40 CASL HOME HN114.01 Rehab of multi (amity propeities Packet Page -2069- 9/23/2014 16.D.1. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines, The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would. provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized bylaw. 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 HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined .necessary. At the COUNTY's discretion, they may impose a reasonable monitoring charge. Fees are based on average staff time and costs of materials. Ongoing monitoring fees may be included in the project underwriting. In addition, the COUNTY shall at a minimum, conduct inspections every two years in accordance with 24 CFR 92.504(d)(i) and HQS inspections shall be completed in accordance with 24 CFR 92.2.09(i). Also, at the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable H.HVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or IIUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal audi.tor(s) access to all records related to performance of activities in this agreement. 2.4 CORRECTIVE ACTION Page 9 of 40 CASL HOME HM 14 -01 Rehab of mulfi family pruperfles Packet Page -2070- 9/23/2014 16.D.1. Corrective action plans may be required for noncompliance, nonperformance., or unacceptable performance tinder this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013 -228, Housing Human and Veteran. Services (HHVS) has adopted an escalation policy to ensure continued compliance by Recipients, Developers, or any entity receiving grant funds from HHVS: HHVS's policy for escalation for non - compliance is as follows: 1. Initial non - compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department -for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non - compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. 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.. 201.3 -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 HOME 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 Page 10 of 40 CASL HOME HN414 -01 Rehab of malti family properties Packet Page -2071- 9/23/2014 16.D.1. 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 Yin 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 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 terns, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the I 01 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 Exhibits "C and W. Exhibits "C and D" contain an example reporting form to be used in fiilfillment 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 24 CFR Part 92 of HOME Investment Partnerships Program Grants including subpart H of these regulations, except that (l) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 93.352 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Parts 50 and 58. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local cASL HOME HAi14 -01 Relish of multi famk, properties Page 11 of 44 Packet Page -2072- 9/23/2014 16.D.1. 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. HOME FINAL RULE PROVISION: Due to the implementation of the HOME Rules Published on 7- 24 -13, all new applicable regulations apply and are hereby incorporated by reference. 3.3 EMPLOYER/EMPLOYEE RELATIONSHIP NOT CREATED Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain independent contractor of the County 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 independent of the County and an employer /employee relationship will not be created. 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. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may subject to HOME program. requirements, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HOME grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing HOME funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the 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 deternuned by the County Manager or designee, in his -her sole Page 12 of 40 CASL HOk1E Hh114b1 Rehab of multi family properties Packet Page -2073- 9/23/2014 16.D.1. discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRF.CIP.I.ENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Adnunistration, 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 Subrecipient 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, or ission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 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 HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION Page 13 of 40 CASL HOME 10114 -0I Rekab ormatti famity properties / Packet Page -2074- 9/23/2014 16.D.1. In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any teens of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require irmnediate repayment by SUBRECIPIENT to the County of all HOME funds the SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to the SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT Page 14 of 40 CASL ROME Hh114 -01 Rehab of multi family properties Packet Page -2075- 9/23/2014 16.D.1. 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 or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at Iaw or in equity), and the SUBRECIPIENT has not provided the required end use beneficiaries, the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of HOME. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. The County will enforce affordability for the property through deed restrictions upon completion of the project. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85; Part 84 for non - profits), and the federal regulations for the HOME funds (24 CFR 92 et seq.). 3.12 PURCHASING SUBRECIPIENT's are required to follow Federal Procurement regulations and Collier County's purchasing thresholds. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range $ Quotes Under $3K 1 Written Quote $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid IFB) CASL HOME HM14 -01 Rehab or mulls family properties Page 15 of 40 Packet Page -2076- 9/23/2014 16.D.1. 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. 3.1.4 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 affordability period on each unit 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 terms and conditions of this Agreement must be refunded to the COUNTY. SUBREC.IP.I.ENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. The County requires a recorded Mortgage, Deed and Note for each property upon completion of each HOME unit as applicable. SUBRECIPIENT shall execute any additional documents and provide additional information as may be necessary for the County to enter into these additional documents. 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 BUSINESS ENTERPRISES CASG HOME 11M14 -01 Rehab of multi family properties SMALL AND Page 16 of 40 Packet Page -2077- MINORITY/WOMEN-OWNED 9/23/2014 16.D.1. 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 Funds invested. in dwelling units that are, assisted with HOME funds must be occupied by households that qualify as low- income ( = <80 % of A.MI) at the time of purchase and occupy the property as a principal residence. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to cant' out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide .Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the affordability period and submitted to County within 30 days of update /modification. 3.19 CONFLICT OF INTEREST The SUBRECI.PIENT 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 92.356(f) "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are Page 17 of 40 CASL HOME HN114 -0I Rehab of multi family properties Packet Page -2078- 9/23/2014 16.D.1. reasonable. Approval of a conflict of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS HOME funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 92.257. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion ' b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct HOME funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation 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, HOME funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to HOME funds in this part. Sanctuaries, chapels, or other rooms that a HOME funded religious congregation uses as its principal place of worship, however, are ineligible for HOME 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. Page 18 of 40 CASL HOME Hh114 -01 Rehab of multi family properties Packet Page -2079- 9/23/2014 16.D.1. PART IV GENERAL PROVISIONS 4.1 24 CFR 92 as amended- All the regulations regarding the 140ME program htti2: / /www. eefr. gov /cgi- bin /text- idx ?SID- c6cee34b7aabl a869c49c109I cf69e98 &node = 24:1.1.1 1 41 &rgn =div5 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http: / /w ,",w.ecf .gov /cgi - bin /text- idx ?c= eefr& tpl= /eefrbrowse /Title24 /24cfr58 main 02.tpl 4.3 Title II of the Cranston - Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.). Regulations at 24 CFR part. 92. 4.4 The Fair Housing Act (42 U.S.C, 3601 -20) Reasonable Accommodations Under the Fair Housing Act. htlp://wmw.hud.gov/offices/flieo/library/huddoistatement.pdf ces/ fheo /library/huddoistatement.pdf E.O. 11063 — Equal Opportunity in Housing http• / /iortal hud pov/hudportal /HUD ?sre = /program offices/fair housing equal opp /FH Laws/EXO 11063 E.O. 11259 Leadership & Coordination of Fair Housing in Federal Programs littp: / /www archives gov /federal - register /codification/executive- order /12259.htm.l 24 CFR Part 107 - Non Discrimination and Equal 'Opportunity in Housing under E.O. http:/ /www.law.comell.edu/cf- /text/24 /part-107 4.5 Title VI of the Civil. Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended littp://portal.bud.gov/hudportal/HIJD?src= /12rograi-n offices /fair housingegua.l opp /grog desc /title8 4.6 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 4.7 Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http:J /N"w eeoc.flov /ecoe/ history /35th/thelaw /eo -I 1246.1itml EO 11375 and 1 2086: see item #8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of I972, 42 USC § 2000e, el. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT; state that it Page 19 of 40 CASL HOME HM14 -101 Rehab of mM1 fam0y properties Packet Page -2080- 9/23/2014 16.D.1. is an Equal Opportunity or Affirmative Action employer. http: / /ww,w,ce(ic.gov /laws /statutes /titievii.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 RECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the RECIPIENT'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 SUBRFCIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement' "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low - and very low - income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low - and very low - income persons residing in the metropolitan area in which the project is located.." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low - and very low- income persons residing within the metropolitan area in which the HOME- funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low - income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the HOME- funded project is located; where feasible, priority should be given to business 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 SUBRECIPIENT very low - income participants in other HUD programs. Page 20 of 40 CA51, 110M HM 14 -01 Rehab or multi famity properties Packet Page -2081- 9/23/2014 16.D.1. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://www.eefr.f'ov/cgi- bili/ text- idx? c= ecfr& tp1= /ecfrbrowsefl "itle24 /24efr135 main 02.tp1. 4.10 Age Discrimination Act of 1975, Executive Order. 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 120.86. Age Discrimination Act of 1975 - :http : / /www.dol.gov /oasani/regs /statutes /age act,.htrn 11063:http: //`portal:hud. oN,/hudpo.rtal /HUD ?sl•c = /,: pro ,ram offices /fair housing equal o 12p/FHL.aws/EX011063 11246: http: / /www.eeoc.p-ov /erne/ history /35th/thelaw /eo- 1.1.246.htmi 11375: Amended by EO 11478 11478: http: / /vkww.arciiives.gov/ federal -re; Lister /codifiication/executive- order /I 14781tinl 1.2107: http: / /www.arcliives.gov /federal - register/ codification / executive - order. /l2107:itini 12086: littp: / /«wur.archives.gov/ federal - register /codiBcation/executive- order / 12086.htm1 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332. http:// usacee.ngineeiingpamplets2 .tpub.com/EP- 1180- 1 -1/EP- 1180- 1- 10012.htm 4.12 Section 504 of the - Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 92.251 Section 504: http:// evww. ena.f,,gv /eivilriglits /sec5O4.htm. 29 USC 776: http: // law .onecle.com /uscode /29/776.html 4,:13 The Americans with Disabilities Act of 1990 littp:HN"v- %,.fhwa.dot. ova /realestate/ua/index.btm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http:Hv,",nv.fhwa. dot .aov /realestate/ua/. ndex.htni 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 401.0 must be included in all construction contracts funded by HOME. (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 - ltttp://vrww.l aw. comel l.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) http: / /,A,wN'v.law.comcll.edu /cfr /text/29 /Part-5 Executive Order 1.1914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http:// www1) residencv .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. Page 21 of 40 CASL HOME HM14 -0t Rehab of multi family properties Packet Page -2082- 9/23/2014 16.D.1. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http: / /NN,�vw.mbda.gQv /node /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 5 Subpart A, as revised by Executive Order 13279. E.O. 13279: hitu:// fedgoveontracts.corn/pe02- 192.htm 4.1.8 Public Law 100 -430 - the Fair Housing Amendments .Act of 1985. littr.)://w,A,Nv.ncbi.nlm.iiih.gov/r)tibmed/12289709 4.19 Immigration Reform and Control Act of 1986 litip: / /«,�x,w eeoc goy /ecoc /history /35th/thelawlirca.html 4.20 Prohibition Of Gifts To County Employees - No organization or individual shall offeror give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05., as amended, and County Administrative Procedure 5311. Florida Statutes - http• / /w%k-w lawserver com/ taw / state /floridalstatutes /florida statutes chapter 112 part ii Collier County - ht.tn: / /becsp0l / SiteDirectory /ASD/HR/labor /CMAs /Shared %20Documents /CMA %20531 1.1 % 20Standards %2OoP /o2OConduct.pdf 4.21 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict .in the 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. 4.22 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). 4.23 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of the 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 Page 22 of 40 CAST. NOME H414-01 Kebab of multi family - properties Packet Page -2083- 9/23/2014 16.D.1. 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, 201h 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, htti)://w",w.flsenate.gov/Laws/Statute.-,/2010/44.102 4.24 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act; 41 USC 7401, et seq. lrttQ// www .Iaw.coniell.eduluscodeltext/42 /7401 b. Federal Water Pollution Control Act, 33 USC 12510 et seq., as amended. http://w,A,-w.law.comell.edu /Ltscode/text/33/chapter-26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. hqp://www.law.comell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law,comell.edu/uscodeltext/33/chanter-26 4.25 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 58), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. http: / /www.ecfr.gpv /cei_ bin/text- i dx?c =ecfr &S ID= eba4Obdb5 2822d80827a48bced 5bOb56 &r_gn =div8 &view =text &node =2 4:3.1.1.3.4.11.1.6 &idno =24 4.26 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 92.355 4.27 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. htII2://www.pps.govfhisto!y/for-al-la-v,.,inhpal966.htm http: / /w-ww.ecfr.gov /c gi- bin/text- ids,? c= eefr& tpl = /ecfrbrowse/Title36 /36efr800 main 02.1p1 CASL HOh• E RNI -01 Rehab of mWti family properties Page 23 of 40 Packet Page -2084- 9/23/2014 16.D.1. In general, this requires concurrence from the State Historic Preservation Officer for all. rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. littp : / /www.nps.wv /history /Local - law /nhpa 1966.htm. 4.28 The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). http ://us- code.vlex.com /N,id/drug- free - workplace- requirements- contractors - 19242870 4.29 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 5 Subpart A. 4.30 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow; • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions (even if -part of a State or local government ) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non - Profit Organizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements OMB Circular A87: http://v%lww.whilehouse.gov/omb/circulars a087 2004/ OMB Circular A102 :http.//w%,,-w.wliitehouse.gov /omb /circulars al02/ OMB Circular A21.:hM2: / /wwiv.wliitehou-,e.gov /omb /circulars a021. 2004/ OMB Circular AI IO:hgp: / /www.xvhitehouse.gov /onib /circulars a110/ OMB Circular A122: http: /hkxN•w.whitehouse.pov /onib /circulars a122 2004/ 4.31 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: / /wwkv.tvhitehouse.gov /omb /circulars!a]33 compliance ance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. Page 24 of 40 Ca3L HOME HX114 -0i Rehab of multi family properties Packet Page -2085- 9/23/2014 16.D.1. http: / /avww, law. cortiell.edu/cfr/text/24/92.206 4.32 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 HOME 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 HOME funds in excess of $25,000, must adhere to the HOME Regulations at 24 CFR 92.35.3 litti)://ww,w.fliNva.dot.gov/realestate/tia/index.htin httl2://www.law.comel.l.edu/cfrftext/49/24. 101 4.33 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http: / /www.lawserver.com/ law / state /florida/statutes /florida statutes 287 -133 4.34 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENT's shall certify and disclose accordingly. 4.35 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.36 Any rule or regulation determined to be applicable by HUD. 4.37 Florida Statutes 713.20, Part 1, Construction Liens littp: / /wivw.[eA.state.fl:us /Statutes /index.cfiu ?App mode= Display Statute&URL=0700- 0799/0713/071.3.html Page 25 of 40 CASL HOME HM14 -01 Rehab of multi family properties Packet Page -2086- 9/23/2014 16.D.1. 4.38 Florida Statutes 119.021 Records Retention http:Hwww.lawsei-ver.com/ law / state /florid,,/statutes/florida statutes 119 -021 4.39 Florida Statutes, 119.071, Contracts and Public Records http:l /µ� w.,le .state_.fl.us /Statutes /index.cfm ?Avp mode = Display Statute&URI,-01(?0- 0199/0119 /Secti ons/0119.07.111ml Page 26 of 40 CAST, HOME 1IM14-01 Relish of malti Family properties Packet Page -2087- 9/23/2014 16.D.1. PART V HOME Requirements 5.1 Project Requirements for Subrecipients The SUBRECIPIENT is-required to conform to the following requirements and regulations as stated below: 24 CFR 92.504(c)(2) (i) Use of the HOME funds. The agreement must describe the amount and use of the HOME funds for one or more programs, including the type and number of housing projects to be funded (e.g., the number of single- family homeowners loans to be made or the number of homebuyers to receive downpayment assistance), tasks to be performed, a schedule for completing the tasks (including a schedule for committing funds to projects in accordance with deadlines established by this part), a budget, any requirement for matching contributions and the period of the agreement. These items must be in sufficient detail to provide a sound basis for the participating jurisdiction to effectively monitor performance under the agreement. (ii) Program income. The agreement must state if program income is to be remitted to the participating jurisdiction or to be retained by the subrecipient for additional eligible activities. (iii) Uniform administrative requirements. The agreement must require the subrecipient to comply with applicable uniform administrative requirements, as described in §92.505. (iv) Other program requirements. The agreement must require the subrecipient to carry out each activity in compliance with all Federal laws and regulations described in subpart H of this part, except that the subrecipient does not assume the participating jurisdiction's responsibilities for environmental review under §92.352 and the intergovernmental review process in §92.357 does not apply. The agreement must set forth the requirements the subrecipient must follow to enable the participating jurisdiction to carry environmental review responsibilities before HOME funds are committed to a project. (v) Affirmative marketing. The agreement must specify the subrecipient's affirmative marketing responsibilities in accordance with §92.351. (vi) Requests for disbursement of finds. The agreement must specify that the subrecipient may not request disbursement of funds under the agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. Program income must be disbursed before the subrecipient requests funds from the participating jurisdiction. Page 27 of 40 CASL HOME HNf (4 -01 Rehab of multi family properties Packet Page -2088- 9/23/2014 16.D.1. (vii) Reversion of assets. The agreement must specify that upon expiration of the agreement, the subrecipient must transfer to the participating jurisdiction any HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds. (viii) Records and reports. The agreement must specify the particular records that must be maintained and the information or reports that must be submitted in order to assist the participating jurisdiction in meeting its recordkeeping and reporting requirements. (ix) Enforcement of the agreement. The agreement must specify remedies for breach of the provisions of the agreement. The agreement must specify that, in accordance with 24 CFR 85.43, suspension or termination may occur if the subrecipient materially fails to comply with any term of the agreement. The participating jurisdiction may permit the agreement to be terminated for convenience in accordance with 24 CFR 85.44. (x) Written agreement. Before the subrecipient provides HOME funds to for- profit owners or developers, nonprofit owners or developers or sponsors, subrecipients, homeowners, homebuyers, tenants (or landlords) receiving tenant -based rental assistance, or contractors, the subrecipient must have a written agreement that meets the requirements of this section. The agreement must state if repayment of HOME funds or recaptured HOME funds must be remitted to the participating jurisdiction or retained by the subrecipient for additional eligible activities. (xi) Fees. The agreement must prohibit the subrecipient and any community housing development organizations from charging servicing, origination, or other fees for the costs of administering the HOME program, except as permitted by §92.214(b)(1). 5.2 Affordability Requirements LONG TERM AFFORDABILITY The HOME- assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table, beginning after project completion. The per unit amount of HOME funds and the affordability period that they trigger are described more fully below under Recapture Provisions. HOME Required Affordability Period Rental Affordability Periods (92.252(e)) Minimum period of affordability in years Rehabilitation or acquisition of existing housing per unit amount of HOME funds: Under $15,000 5 $15,000 to $40,000 10 Over $40,000 or rehabilitation involving refinancing 15 New construction or acquisition of newly constructed housing 20 CASL }TOME HM14 -01 Rehab of multi family properfies Page 28 of 40 Packet Page -2089- 9/23/2014 16.D.1. 5.3 Maximum Per -Unit Subsidy Requirements The maximum HOME per -unit subsidy may not be increased above 240 percent of the base limits authorized by §221(d)(3)(ii) of the National Housing Act [12 U.S.C. 17151(d)(3)(iii)]. In no case will the County's funding of the Project be less than $1,000 per HOME - assisted unit or more than the maximum per unit subsidy allowed under 24CFR 92.250(a). The maximum subsidy for 2 bedroom units is $157,699. As a rental housing project, the Affordability Period during which SUBRECIPIENT must maintain compliance with all applicable HOME rules shall be a maximum of fifteen (15) years depending on the amount assisted per unit. The Affordability Period will not commence until the Project has met the requirements for Project Completion outlined in 24 CFR 92.2, which will require that construction be complete, all HOME funds have been disbursed by the COUNTY and drawn from the US Treasury, and required completion data has been entered in HUD's IDIS Federal Reporting System. The COUNTY will notify the SUBRECIPIENT of the actual date of completion and the exact date of the expiration of the affordability period, which shall be calculated based on the date of completion. The COUNTY will record a covenant running with the land, in form satisfactory to the COUNTY that provides a means for enforcement of the affordability restrictions of 24 CFR 92.252. The covenant will be recorded senior to all other financing liens, including the first- position mortgage referenced above, and be enforceable against all successors in interest to Collier County. If necessary, the COUNTY may execute an amendment to the Covenant Running with the Land that extends the affordability restrictions of 24 CFR 92.252 to the exact date of expiration of the affordability period. Failure of the project to meet all applicable HOME requirements for the entire Affordability Period will result in a requirement that all HOME funds be repaid by the SUBRECIPIENT to the COUNTY. 5.4 Recapture Provisions Recapture provisions are as follows [24 CFR 92.254 (a)(5)(ii)]: (ii) Recapture. Recapture provisions must ensure that the participating jurisdiction recoups all or a portion of the HOME assistance to the homebuyeis, if the housing does not continue to be the principal residence of the family for the duration of the period of affordability. The participating jurisdiction may structure its recapture provisions based on its program design and market conditions. The period of affordability is based upon the total amount of HOME funds subject to recapture described in paragraph (a)(5)(ii)(A)(5) of this section. Recapture provisions may permit the subsequent homebuyer to assume the HOME assistance (subject to the HOME requirements for the remainder of the period of affordability) if the subsequent homebuyer is low- income, and no additional HOME assistance is provided. CAST, HOME HM14 -01 Rehab of mulli family properties (Signature Page to Follow) Page 29 of 40 Packet Page -2090- 9/23/2014 16.D.1. IN WITNESS WHEREOF: the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: DWIG14T E. BROCK, CLERK Deputy Clerk Datcd: _ (SEAL) _ 1 Witness 7Z Name and Title Witness f° N annd Title Approved as to form and legality: Jenn ifer A.. Belpedio Assistant County Attorney CASs irorre 1416114-01 Rehab of molfi family properfirs BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: - .............. _. TO:Iv1 HE,NNING, CHAIRMAN Community Assisted and Supported Living, Inc. By: 114�� Cott Eller, CEO % Page 30 of 40 Packet Page -2091- 9/23/2014 16.D.1. PART VI EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Page 31 of 40 CASL HOME HM14 -01 Rehab of multi family properties Packet Page -2092- 9/23/2014 16.D.1. 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or contract: Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Page 32 of 40 CASL HOME HM14 -0I Rehab of multi family properties Packet Page -2093- 9/23/2014 16.D.1. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES SECTION I: REOUEST FOR PAYMENT Sub recipient Name: Community Assisted and Supported Living, Inc. (CASL) Sub recipient Mailing Address: 1401 10h Street, Sarasota, FL 34236 Project Name: Rehabilitation of Multi - Family Rental Housing Agreement No: HM14 -01 Payment Request # Total Payment Minus Retainage: $ Period of Availability: through Period for which Agency has incurred indebtedness: through SECTION H: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. 10% Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been 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 Grant Coordinator Grant Accountant Supervisor (approval required $15,000 and above) Dept Director (approval required $15,000 and above) Page 33 of 40 CASL HOME HMi14.01 Rehab of multi family properties Packet Page -2094- 9/23/2014 16.D.1. EXHIBIT "C" REPORTING SCHEDULE The Subrecipient shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October l " — December 31' January 10' January 31 ' — March 31' Aril 10" A ril l$ —June 30 July 10" Jul 1" —September 30 October 10" HOME SUBRECIPIENT AGREEMENT COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. 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? 3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay. Page 34 of 40 CASL HOME HM 1401 Rehab of multi family properties Packet Page -2095- 9/23/2014 16.D.1. 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. 4ctivl This:Re ortm 'rP.engd No. Active Projects No. Projects Complete No. Properties Sold TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. No. Extremely-Low Income Households 0 -30% AM]) No. Very-Low Income Households 31 -50% AMI No. Low - Income Households 5I -80% AMI No. Female Head of Households TOTAL RACE AND ETHNICITY BENEFICIARIES 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 Page 35 of 40 cnsr. IlOME HMl4 -4l - Rehab of multi family properties Packet Page -2096- EXHIBIT "D" QUARTERLY PERFORMANCE REPORT DATA GENERAL 9/23/2014 16.D.1. Grantee is required to submit to HUD, through the Integrated Disbursement Information System ( "IDIS ") Quarterly Performance Reports ( "QPR" ). 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. 1. OVERALL PROGRESS NARRATIVE Describe overall progress made in operating the HOME program. 2. FINANCIAL DATA Provide (1) program funds expended and (2) program funds obligated. 3. ACTIVITY PROGRESS NARRATIVE Described rehabilitation progress and include an updated project work planAchedule 4. PROPERTY DATA/DEMOGRAPHIC DATA For each unique address grantee must provide in detail (1) Lead Based Paint Status, (2) Costs associated with the property (HOME assistance and the amount of any private funds contributed), (3) Beneficiary information (Race, Ethnicity, Income Level, Female head of household), (4) Number of Bedrooms. Page 36 of 40 CASL HOME HM 14 -01 Rehab of multi family properties Packet Page -2097- EXHIBIT "E" INCOME CERTIFICATION INSTRUCTIONS 9/23/2014 16.D.1. Submit completed form, including appropriate supporting documentation to Grantee to obtain approval prior to the sale or lease of a property 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 7 8 Total Cash Value of Assets B(a) Total Income from Assets B(b) If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0 %) and enter results in B(c), otherwise leave blank. B(c) Page 37 of 40 CASL HOME HR114 -01 Rehab of multi family properties Packet Page -2098- 9/23/2014 16.D.1. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages I Benefits / Public Other Salaries Pensions Assistance Income (include tips, commissions, Asset bonuses, and Income overtime I (Enter the greater of 2 box B(b) or 3 box B(c), above, in 4 5 box C(e) below) 6 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. I /we :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) Page 38 of 40 CASL HOM E H6114 -01 Rehab of multi family properties Packet Page -2099- Date 9/23/2014 16.D.1. E. HOME 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 HOME. The family or individual(s) constitute(s) a: Extremely -Low Income (ELI) 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 $ ). Very Low - Income (VLI) 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 $ ). Low- Income (LI) Household means and individual or family whose annual income does not exceed 60 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 HOME Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons B y Race ! Ethnicity By Age Native American Indian Asian Black Hawaiian or Other Pac. White Other 0-25 26 - 40 41-61 62+ Islander Hispanic Non- Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No occupant is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has an occupant. Page 34 of 40 CASL HOME HMI4.01 Rehab of multi family properties Packet Page -2100- 9/23/2014 16.D.1. EXHIBIT "F" ANNUAL AUDIT MONITORING REPORT OMB Circular A -.133 Audits of- States, ;Local ovemments,:and; Nan - Profit Organizations,re.quires.the :Collier County Housing, Human and 1/eterans Seances. Department :to monitor oursub..rec�pientS of federal awards and determine, whether they hav'et; the. audit regwrements of,`he.:circular..and whether .they are,in . compliance with federal laws and..regulafions .`Accordingly, we are requiring that you. check.nne. of ,the . following, provide ail. appropriate documentation regarding your organization's compliance with the audit . re u�rements,`ai n and date:this.f6rm. Subrecipient .Name _. F' Ye fiscal a .. Total State Financial Msistance Expended during most recent) coin leted Fiscal Year Total.FsderaL:FinancigI Assistance`Expended during most recent) ,'com Ieted Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. ❑ We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above • Are a for - profit organization • Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. III nnuln s were noieu, piea5e enclose a copy o1 >`ne responses anu correcuve action pian.1 Certification Statement 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. Page 40 of 40 CASL HOME HM14 -01 Rehab or multi family properties Packet Page -2101- 9/23/2014 16.D.1. Grant ## - E- 13- UC- 12 -0024E CFDA/CSFA# - 14.231 Subrecipient — The Shelter for Abused Women and Children, Inc. DUNS # - 836680769 IDIS# 447 FETI # - 59- 2752895 FY End 06/30 Monitoring Deadline 01/2015 A reement# ES 13 -01 AMENDMENT NO. 1 TO AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN AND CHILDREN, INC. THIS AMENDMENT, made and entered into on this _ day of , to the subject agreement shall be by and between the parties to the original Agreement, The Shelter for Abused Women and Children, Inc., (hereinafter called the "Subrecipient ") authorized to do business in the State of Florida, whose business address is P.O. Box 10102, Naples, FL 34101, and Collier County, apolitical subdivision of the State of Florida, Collier County, Naples (hereinafter called the "County ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112. Statement of Understanding RE: EMERGENCY SOLUTIONS GRANT In order to continue the services provided for in the original Agreement document referenced above, the parties agree to amend the Agreement as follows: Words Struel Through are deleted; Words Underlined are added: (Dollar amounts have original underlines) WITNESSETH: WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FY2013 -2014 HUD Annual Action Plan at the August 13, 2013 absentia meeting, ratified at the September 10, 2013 Board of County Commissioners meeting; and WHEREAS, HUD has approved the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 11, 2014 with a 30 -day citizen comment period from March 11, 2014 through April 10, 2014; and approved the Collier County The Shelter for Abused Women & Children 2013 -14 ESG (ES I3 -01) Emergency Solutions Grant Utilities & Personnel Page 1 of 6 4 4 Packet Page -2102- 9/23/2014 16.D.1. Consolidated Plan concerning the preparation of various Annual Action Plans. WHEREAS, the Agreement requires modification to rename the funding source to EMERGENCY SOLUTIONS GRANT PROJECT in order to correct a scrivener's error, reference match, and add new standard template, purchasing and invoice language; and. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: A. PROJECT DETAILS Emergency Solutions Grant ESG Program Project Component One: Personnel costs to support a Security Officer for 52 27 weeks for thirty (30) hours per week at $16.00 per hour. The Security Officer monitors the emergency shelter facility which is vital to daily operations. 75% of their 40 hour week will be charged to the proj ect. Project Component Two: Utilities - which includes electric, phone & internet, trash removal, and water and sewer costs to operate the shelter facility. Project Component Three: -EnvirenmeRtal Review Required environmental review of p will w 4 Qe ndueted before p eet e n begs. Insurance cost necessary for the operation of the V— emergency shelter. Project Component Four: Shelter Operation: Security system expenses and Food to be purchased and provided for persons to be served. 1. Project Tasks a. Maintain documentation on all households served in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting an ESG National Objective c. Provide Environmental Review Assessment d. Submit invoices to HHVS for environmental e. Required attendance by a representative from Executive Management at quarterly partnership meetings, as requested The Shelter for Abused Women & Children 2013 -14 ESG (ES 13 -01) 1mergency Solutions Grant utilities & Personnel Page 2 of 6 Packet Page -2103- r 9/23/2014 16.D.1. 11. TIME OF PERFORMANCE Services /Activities of the SUBRECIPIENT shall start on the 1St day of April, 2014 and end on the 31st day of Mareh, 201 December 31, 2014. The services /activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. 1II. AGREEMENT AMOUNT The COUNTY agrees to make available SEVENTY -NINE THOUSAND FIVE HUNDRED EIGHTY FOUR DOLLARS ($79,584) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). The budget identified for the Shelter Operations Project shall be as follows: The Shelter for Abused Women & Children 20I3 -14 ESG (ES 13 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2104- Page 3 of 6 ESG Line Item Description ESG Funds Match Funds (1:1) Project Component One: Personnel: 75% of $ $12,960 1FTE Security Officer, 30 hours per week annually @ $16 per hour x 5-2 27 weeks: Project Component Two: Utilities which $53,9 �4-_$46,660 includes electric, phone & internet, trash removal, and water and sewer costs to operate the shelter facility. Project Component Three: F,,,,, ing eas : but limited to the fell i ,- $- 758$13.964 will ,hide not Insurance cost necessary for the operation of the emergency shelter. Project Component Four: Shelter Operation: $6,000 Security system expenses and Food to be purchased and provided for persons to be served. ESG Match Requirement Documentation of ESG $79,584 Eligible matching funds TOTAL $ 79,584 $ 79,584 The Shelter for Abused Women & Children 20I3 -14 ESG (ES 13 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2104- Page 3 of 6 9/23/2014 16.D.1. The following table details the project deliverables and payment schedule: PAYMENT DELIVERABLES Deliverable Pay ment- Supporting Documents Submission Schedule Project Component One: funding will assist Upon invoicing using Exhibit B will Monthly with emergency shelter personnel support of a reimburse allowable expenses with Security Coordinator (including taxes). documentation including but not limited to properly completed invoice, Project Component Two: Utilities which timesheets, payroll, banking, canceled includes electric, phone & internet' trash checks, utility document(s), and any removal, and water and sewer costs to operate the shelter facility. additional supporting documentation as needed. Project Component Three: Insurance cost necessary for the operation of the emergency shelter. Project Component Four: Shelter Operation: Security system expenses and Food to be purchased and provided for persons to be served. Final 10% ($7,958.40) released upon documentation of a minimum of 500 persons served and will be deducted from each invoice WA i but to the f llew $ Znelude net linited ft b ESG Match Supporting Match documentation Monthly from Thrift Shoppe Revenue PROGRAM DELIVERABLES Deliverable Program — Deliverable Supporting Submission Schedule Documents Creation and maintenance of income N/A Ongoing eligibility files on clients served Progress Reports Exhibit C Quarterly Proof of Insurance Insurance Certificate Annually within 30 days of renewal Affirmative Action Plan Plan Documents Within 60 days of executed agreement and updates submitted annually Annual Audit Audit Report with Management 6/30 annually Letter and Exhibit E The Shelter for Abused Women & Children 2013 -14 ESG (ES 13 -01) ?mergency Solutions Grant Utilities & Personnel Packet Page -2105- Page 4 of 6 N' 9/23/2014 16.D.1. IX. ADMINISTRATIVE REQUIREMENTS I. CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under tl-is contract. Penalties may by e unposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013 -228 Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients Developers or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non - compliance is as follows: 1. Initial non - compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit, o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non - compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. 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 0 0% 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 The Shelter for Abused women & Children 2013 -14 ESG (ES 13 -01) Emergency Solutions Grant Utilities & Personnel Packet Page -2106- Page 5 of 6 9/23/2014 16.D.1. 4. If in (tie case after reheated notification the !�jn tity _.continues to `be SUbstantially non-c.ompliant. the Qcj2q!j1Dc11t may recom,mcrid the contract or award be terminaled. o The Department will make a recon-mirridation to the Board ofCoLtu,[y Cgminissionci's to imniediately terniinale the agreement or contract. The Entity will be required to repay all funds disbursed by the Count for project that was lerrninal.ed. This includes the amount invested. by 01C COLIFItY lOr the initial acquisition of die proocrtics. o The entitv will be considered in violation ofRc.solution No. 2013-228 Y — �!/Llh� ease the Ewitj; has multiple ewreementy with the Delwamew mul is above sanctionsmerit be imposect across (1/1 awar(ts at the discretion of/he Bourd of Cotqwr Commissimirl's. IN WITNESS WHEREOF, the GRANTEE and SUBRECIPIENT, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. AYI'EST: Dwight E. Brock, Clerk of Courts By: _ Dated: (SEAL) First Witness TType/print witness narneT Second Witness T'I'ype/print witness namet 'T'he Shcher 1br Abused Women & Chiltimn 2013-14 17SG1 WS 1.3 -01) F.mergeticy Solutions Graw Utilities & Personnel BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: `IOM HENNING, CHAIRMAN TI-1E SHELTE:R I"OR ABUSED VIOMI N AND CHILDREN, I N C. By: Print: Titic: ApprovM as to Form and legality: Jennifer A. Belpedio Cy Assistant County Attorii Page 6 of 6 Packet Page -2107- 9/23/2014 16.D.1. Grant # B- 14 -UC -12 -0016 CFDA /CSFA# 14.218 Subrecipient — Grace Place for Children and Families, Inc. DUNS # - 187241067 FEID# - 65- 1229558 IDIS # - 487 Fiscal Year End: 6/30 Monitor End: 10/2019 AGREEMENT BETWEEN COLLIER COUNTY AND GRACE PLACE FOR CHILDREN AND FAMILIES, INC. RENOVATION AND CAMPUS EXPANSION THIS AGREEMENT is made and entered into this day of , 2014, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and Grace Place for Children and Families, Inc. ("Subrecipient "), having its principal office at 4300 21" Avenue, SW, Naples, Florida, 34116. 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 1 of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan — One Year Action Plan for Federal Fiscal Year 2013 -2014 for the CDBG Program with Resolution 2014 -129 on June 24,2014— Agenda Item 16D8; and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the CDBG Grace Place Renovation and Campus Expansion Project; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Grace Place for Children and Families, Inc. CDBG CD144)8 Campus Expansion and Renovation Project Page 1 of 42 Packet Page -2108- 9/23/2014 16.D.1. PART SCOPE OF WORK The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance, as determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: The Grace Place Renovation and Campus Expansion Project will contain the follow deliverables: • Replace 20 year old roof of existing food pantry building • Renovate two bathrooms to be ADA compliant • Replace 35- years -old leaking windows and doors to meet hurricane code • Add exit door to one classroom for fire safety • Construct interior wall to replace moveable partition • General upgrades to electrical wiring and addition to insulation in ceilings • Addition of food delivery entrance and 600 sq. ft. food storage room, and reconfigure current kitchen and food storage • Site work consisting of a new delivery driveway, addition of sidewalks to the entire campus, landscaping and other required site development according to approved plans. Specifically, improvements identified for funding are outlined in the Project Details Section 1.2. The detailed project scope will be contained in the schedule of values 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 HHVS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipients's governing body within thirty (30) days of conveyance: 1. Affirmative Fair Housing Policy Grace Place for Children and Families, inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 2 of 42 Packet Page -2109- 9/23/2014 16.D.1. 2, Affinnative 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 I.,:. Facility Renovation and Expansion— Install $178,000 new roof, two ADA bathrooms, replacement of all exterior doors & windows up to hurricane code, electrical system, modify existing walls, additional exit door and install ceiling insulation. Project Component 2• New Driveway and Site Development — $15,000 Install new driveway to provide access to the new pallet delivery door for the premises. Project Component 3: Sidewalk — Install new sidewalks on all road- 40,000 sides (21" Avenue and 42"' Street) of the property. Project Component 4• Professional Services and Pennittiniz Fees- 22,000 Architect, Civil Engineer, Project Manager and Environmental consultant and permitting fees. Project Component 5: Landscaping— install proper landscaping to 35,000 meet county standards for the driveway and parking lot. Project Component 6:.. Project Delivery— Staff time allocated to 10,000 managing and tracking of activities and costs for the project. $300,000 The Subrecipient will accomplish the following project tasks: Project Tasks 1. Maintain and provide to the County participant income certification documentation (Exhibit E) Grace Place for Children and Families, inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 3 of 42 Packet Page -2110- 9/23/2014 16.D.1. 2. Provide quarterly reports on progress and national objectives 3. Provide monthly construction and rehabilitation progress reports until completion of construction and rehabilitation. 4. Identify Lead Project Manager 5. Provide Site Design and Specifications 6. Comply with Davis Bacon Labor Standards 7. Provide Certified Payroll weekly throughout construction and rehabilitation 8. Provide interior and exterior rehabilitation, as approved by the County 9. Comply with Uniform Relocation Act (URA) if necessary 10. Provide property landscaping 11. Ensure newly constructed structures are 504 /ADA compliant 12. Ensure that rehabilitated structures are as 504 /ADA complaint as possible 13. 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 (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of Low - Moderate Area (LMA) and Limited Clientle Activities (LMC). C. Project Outcome The Subrecipient will perform construction/rehabilitation activities on the campus (to include but not limited to a new roof, two ADA compliant bathrooms, upgraded electrical system, new windows and doors up to hurricane code, new interior wall, an addition of an exterior exit door, ceiling insulation, a 600sq. ft. addition for food storage, construction of a food delivery entrance, new driveway, new pallet delivery door, new sidewalks on all road -sides (21st Avenue and 42nd Street) of the property, landscaping of premises. The project will result in 1,500 households assisted through the food pantry and 800 LMI persons assisted through the free educational and literacy programs per year. 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 The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus .Expansion and Renovation Project Page 4 of 42 Packet Page -2111- o.�� 9/23/2014 16.D.1. Special Grant Condition Policies Policies as stated in this Within thirty (30) days of (Section 1.1) a reement A Bement Execution Insurance Insurance Certificate – See Annually within thirty (30) days to the following expenses: Exhibit A of renewal Detailed Project Schedule Project Schedule Within thirty (30) days of Existing Facility and any additional documents as needed. 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 provided as backup and including a Certification of closeout of project. Annually Completion issued by the Collier County Building thereafter until 2020 Financial and Compliance Audit Exhibit F Annually one hundred eighty Project Component Two: Funding Submission of supporting documents must be 180 days. after FY end Continued Use Certification Continued Use Affidavit —7n—nually Annually until 2020 income Reuse Plan Plan approved by the Count y until 2020 Revenue Plan for Maintenance Plan approved by the County Initial plan due after completion and Capital Reserve documents as needed. of rehabilitation and annually Final l o% (($1,500) released upon delivered thereafter until 2020 E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Proiect Component One_ Funding Submission of supporting documents must be Submission costs will include but not limited provided as backup as evidenced by properly of monthly to the following expenses: completed invoices, timesheets, payroll registers, invoices- See Renovations and Expansion of banking documents, cancelled checks, vehicle logs, Exhibit B Existing Facility and any additional documents as needed. Final 10% ($17,800) released upon delivered completed renovations and improvements. Supporting proof of payment documents must be provided as backup and including a Certification of Completion issued by the Collier County Building Department. Project Component Two: Funding Submission of supporting documents must be Submission costs will include but not limited provided as backup as evidenced by properly of monthly to the following expenses: completed invoices, timesheets, payroll registers, invoices- See Driveway and Site Development banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final l o% (($1,500) released upon delivered completed driveway according to submitted plans. Supporting proof of payment documents must be provided as backup. Project Component Tiu•ee: Submission of supporting. documents must be Submission Grace Place for Children and Families, Inc. CDBG CDta -08 Campus Expansion and Renovation Project Page 5 of 42 Packet Page -2112- 9/23/2014 16.D.1. Funding costs will include but not provided as backup as evidenced by properly of monthly limited to the following expenses: completed invoices, timesheets, payroll registers, invoices- See Sidewalk banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($4,000) released upon the delivery and completion of install sidewalks in conformance to county specifications and inspection. Supporting proof of payment documents must be provided as back up. Project Component Four: Submission of supporting documents must be provided as backup as evidenced by properly Submission of monthly Funding costs will include but not limited to the following expenses: completed invoices, timesheets, payroll registers, invoices- See Architect, Civil Engineer, banking documents, vehicle logs, and any additional Exhibit B permits, Environmental documents as needed. consultants and project manager Final 10% ($2,200) released upon documentation of fees a minimum of all necessary pennits, drawing and fees associated with the completion of the project. Project Component Five: Funding Submission of supporting documents must be Submission costs will include but not limited provided as backup as evidenced by properly of monthly to the following expenses: completed invoices, timesheets, payroll registers, invoices- See Landscaping banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($3,500) released upon documentation of a minimum of delivered completed Landscaping improvements. Project Component Six: Funding Submission of supporting documents must be Submission costs will include but not limited provided as backup as evidenced by properly of monthly to the following expenses: Project completed invoices, timesheets, payroll registers, invoices- See Delivery banking documents, vehicle logs, and any additional Exhibit B documents as needed. Final 10% ($1,000) released upon documentation of a minimum of the required supporting proof of payment documents 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. Individuals Served Final beneficiary information for all individuals Quarterly Proof of a minimum that 800 served. persons are served by providing free educational and literacy programs via exhibit D submitted uarterl Individuals Served Final beneficiary information for all households Quarterly Proof of a minimum that 1500 served. households are served through the Grace Place for Children and Families, Inc. CDBG CDI4 -08 Campus Expansion and Renovation Project Page 6 of 42 �y, _l Packet Page -2113- 9/23/2014 16.D.1. food pantry via exhibit D submitted quarterly Inventory Submittal of asset Inventory Log Annually inventory for equipment irchased — submitted annually 1.3 TIME OF PERFORMANCE Services of the Subrecipient shall start effective the date of the execution of this agreement and shall end on September 30, 2015, 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available THREE HUNDRED THOUSAND DOLLARS and 00 /100 ($300,000) for the use by the SUBRECIPIENT for GRACE PLACE RENOVATION AND CAMPUS EXPANSION PROJECT during the Tenn 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 #I- Renovations of existing facility $178,000 Project Component 42- Driveway and Site Development $ 15,000 Project Com onent #3- Sidewalk $ 40,000 Project Component 44- Architect, Civil Engineer, permits, $ 22,000 Environmental consultants and project manager fees Project Component #5- Landscaping $ 35,000 Project Component #6- Project Delivery $ 10,000 TOTAL $300,000 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 1. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. Grace Place for Children and Families, Inc. CDSG CD14 -08 Campus Expansion and Renovation Project Page 7 of 42 Packet Page - 2114 - ;` .' 9/23/2014 16.D.1. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the tern of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written authorization from the Grant Coordinator will not be reimbursed. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A Developer is not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is Subject to 24 CFR Part 85 and may impose requirements upon the Developer in order for the County to 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 Grace Place for Children and Families, Inc. CDRG CD14 -08 Campus Expansion and Renovation Project Page 8 of 42 Packet Page -2115- 9/23/2014 16.D.1. Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Gino Santabarbara, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: ginosantabarbara @colliergov.net SUBRECIPIENT ATTENTION: Stephanie Munz Campbell, Executive Director Address: 4300 21" Avenue SW, Naples, Florida 3411.6 Email: Stephanie @g►•aeeplacenaples.org Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 9 of 42 Packet Page -2116- PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 9/23/2014 16.D.1. 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 Ateement 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 HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 10 of 42 Packet Page -2117- 9/23/2014 16.D.1. records in an orderly fashion in a readily accessible, permanent and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The 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 CPR 570.208, income certification, and written Agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit F) to the COUNTY no later than one hundred eighty (180) days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and Grace Place for Children and Families, Inc. C:DBG CI1144)8 Campus Expansion and Renovation Project Page I I of 42 Packet Page -2118- - -� 9/23/2014 16.D.1. programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. if corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this 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, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non- compliance is as follows: 1. Initial non - compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non- compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 12 of 42 r --� Packet Page -2119- 9/23/2014 16.D.1. 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 hnlposed across all alVards at the discretion of the Board of Count} Commissioners. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10 °i 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 Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 13 of 42 ` 7 ., Packet Page -2120- }_` 9/23/2014 16. D.1. 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 Community Development Act of 1974. . The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed Grace Place for Children and Families, inc. CDBG CD14-08 C'ampus Expansion and Renovation Project Page 14 of 42 Packet Page -2121- 9/23/2014 16.D.1. 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 finds being granted in association with this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action .which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Stalutes. This Section shall survive the expiration of termination of this agreement. Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 15 of 42 Packet Page -2122- ��' 9/23/2014 16.D.1. 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 HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Dousing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement; A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; 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. Grace i'lace for Children and Families, Inc. CDBC CD14 -08 Campus Expansion and Renovation Project Page 16 of 42 Packet Page -2123- 9/23/2014 16.D.1. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b) (7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized hndian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 17 of 42 Packet Page -2124 - fF 9/23/2014 16.D.1. 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 terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. Grace Place for Children and Families, Inc. CDBG CD144O8 Campus Expansion and Renovation Project Page 18 of 42 Packet Page -2125- 9/23/2014 16.D.1. 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 Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of fiends. 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 Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 19 of 42 �1 Packet Page -2126- 9/23/2014 16.D.1. employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in pant by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 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 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 Grace Place. for Children and Families, Inc. CDBG C:D14 -08 Campus Expansion and Renovation Project Page 20 of 42 Packet Page -2127- '_' 9/23/2014 16.D.1. 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 littp://,Alww.law,cornell.edu/cfr/text/24/pat-t-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.. Link: http` // wNV\N�.ecfr.!)-ov /ci -i- bin /text- idx` rc= ecfr&. thl= /eefrbrowse/Title24 /o4efi -58 plain 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 7 /portal hud Gov /liudportal /HUD ?src= /prop,ram offices /fair housing equal opp /FH Laws/ 109 4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair Housing Act. http• / /wrcv« hud t Gov/ offlees/ flieo /Iibrat-\1 /11uddoistatement.pdf E.O. 11063 —Equal Opportunity in Housing http /t2ortal hud <Tov/hudl)rtal'HUD ?src= /pro <tiram offices /fair housing equal 01201-1 F l.,avn,s /EXO 11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs htt : / /\Niw w.arcliives._,ov/ federal- i-ei_-,istei-/codiiicatioii /executive- order /12259.html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http: / /N -AJw.l aw.corne l l.ed u /cfr /text /24 /part -107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title Vi11 of the Civil Rights Act of 1968 . as amended http: // poi- tal. htid. (-!oy!liudportaUHUD`'sre= /pi-o�,,rim offices /fair housing equal oc2pit�ras� descltitle8 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. lhttl) Lyov /fdsys /pkg/ CFI : - 2007- titIe?4- voI3!pdf /CFR- 2007- title24 -vo13- sec570- 602.pdf 4.7 Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 1 1375 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 11246:17n : / /����tr�.eeoc.�4ov /eeoe/ history /35thr'thelaawfeo- 11246.html EO 11375 and 12086: see item 98 below Grace Place for Children and Families, Inc. CDBG CD14 -08 Campos Expansion and Renovation Project Page 21 of 42 Packet Page -2128- - 9/23/2014 16.D.1. 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, e!. 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: / /NN,v,ti, eeoc Lor=llawSlstatutes /titlevii.cfin 4.9 24 CPR 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 file COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub- recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub- recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance fi-om HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in. which the CDBG - funded project is located; where feasible, priority should be given to low- and very low - income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low - income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to business concerns that provide Grace Place for Children and Families, Inc. CDBG CD14418 Campus Expansion and Renovation Project Page 22 of 42 Packet Page -2129- ?' 9/23/2014 16.D.1. 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. littp:/!wwxN,.ecfr.uov/c2i- bin/ text- idx? c= ecfi•R tp l= /ecfrbrourselTitte24 /24efi-135 main 02.ta1 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 - htti ): / /NA,"�w.dol.,-,ov /oasam /reLs /statutes /aue act.lztin 11 063 :httl2:/ /portal`hud * ov Aiudportal /1-IUD ?src= /pro�4ram offices /fair housing equal o pp /FH La N .\fs!EX 01106' 11246: littl2:,/www.eeoc.Lov/eeoc/iiistot-v/-'y5tii/tiiela\NF/eo-I 1246.11tinl 1 1375: Amended by EO 11478 11478: littp : / /www archives gov /federal- reaistei- /codification /executive - order /i 1478.1itml 12107: httn: / /vvwN \° archives Lyov /federal- reuister /codificatioii/ executive - order /12107.litinl 12086: http / /\v��,w archives L)ro /federala•e«ister/ codification /execrative- order!12086.htinl 4.11 Contract Work Hours, and Safety Standards Act, 40 USC 327 -332. lltl[2://LlSaCeelluiiieeriii_(,]2amplets2.tpub.com/EP-1 190-l-1/EP-1 180.-1-10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http:l! ��« ��. cpa .�ovlcivilri =�hts /sec504.htm 29 USC 776: littp: HlaxN ,.oiiecle.com /uscode /29/776.litml 24 CFR 570.614: http://v,,,,NwN� .laxv7.cojiiell_edu /cfi- /tcxt /241 -570.614 4.13 The Americans with Disabilities Act of 1990 litt�) : / /wwwv.thu- a.dot. ,iov /realestate /ua/index.litln 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. littp: / / «twNk,,.11i",a.dot.t!ov /realestate ?ua /iiidex.litm 4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed in whole or in part byLoans or Grants from the Uhited States - htt�/ /w•'��'w.laY�.carraelLedu!cti/text /29iparC -1 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http: / /www.l ivN,.cornell.edu /cfr /text /29 /hart -5 Grace Place for Children and Families, Inc. CUSG Cn14 -08 Campos Expansion and Renovation Project Page 23 of 42 Packet Page - 2130 -1'�M1 9/23/2014 16.D.1. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. littj2: / /Nk,ww presidency ucsb edu /w5 /index:nhp ?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: / /wm w.mbda.Lov /node /33 3 HUD Circular Letter 79 -45: No reference found 4.17 The SUBRECIPIENT agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http: / /xN,,Aw gpo tlov /fdsys /pk( /CFR- 2010- title24- vol3 /pdf /CFR -2010- t it:le24 -vol3 -sec5 70- 608.pdf E.O. 13279: http• / /fedt ovcontracts .coin /pe02- 192.htiii 4.18 Public Law 100430 - the Fair Housing Amendments Act of 1988. littp: / /«rwwr iicbi nlm.niii.aov /pubmed/i 2289709 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: litti):!/NN•N!w.law.cc)rnell .edu /cfr /text /24 /part -84 Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program income — in lieu of 84.24 CDBG SUBRECIPIENT shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT shall follow 570.505; • Section 84.34(g), Equipment— In lieu of the disposition provisions of 84.34(8) the following applies: Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 24 of 42 Packet Page - 2131 - '�~ 9/23/2014 16.D.1. • 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 time equipment); and • Equipment not needed by the SUBR.ECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • Section 84.51(b), (c), (d), (e), (1) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • 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 fi-om 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 84.7 1, 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. lntrtp• / /�� ��tv.ecfr_aov /c��i- binfte�a- idx'?c== ecfr& tpl— /ecfrbrowse/Title24 /24efr85 main 02.tpl 4.21 Immigration Reform and Control Act of 1986 httn' / /\ ,,nvx,, eeoc twov/'eeoe'histor\` /35th /thela\N! /irc.a.htmI 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 to any County employee, as set forth in Chapter 112, Part 1II, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. Florida Statutes - http• //�,\ NN va 1avAtserver com/ law /state ,lForida /stattites /floi-ida Statutes chanter 112 part iii_ Collier County - htt ; / /bees 01 /SiteDirectory /ASD /HR/ labor /CMAs/ Shared ",o2ODocurnents /CMA.%b20531 1 1 %',, OStandai- ds %20of'ir,2OC:onduct.pol* 4.23 Orden- 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 tine terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus )expansion and Renovation Project Page 25 of 42 Packet Page -2132- �1 9/23/2014 16.D.1. 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. 424 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, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statules. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20t" 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. htti):/ /\v,ww Insenate.tiov/Law,s /S tatutes/2010/44.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. httrr: / /wwrw.laAy,.coriiell.edu /uscode /text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http• / /w,ww =) awr cornell.edu /uscode/text/33 /chapter -26 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. litip / /www,,.ecfi i-,ov /c,i- bin /text- ida ?c:= ecfl-&. SID= eba4Obdb5' 8?2 dSO827a48bced5bOb56c °&.rx4n =div8&view�= text&:node =2 4:3.1.1.3.4.1 I . l .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. htt : / /www,,ecfi-_,,2ov /cai- bin /text- Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 26 of 42 Packet Page - 2133 -;,i 9/23/2014 16.D.1. idx'? c.= ecfr& S1[?= eha40bdb5l822d80827a48beed5bOb56 &r�u1n =div8f- view= text&,node =2 4:3.1.1.3.4.11.1.9& i dno =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. htt� / /��rw�r:n�.��ov /history /local- law /nhpa 1966.1itm http : / /wv, =w.ecfr. <L,ov/c<zi- bin /teat- idx? c= ecfr&. ti)l= /ecfi-bi-osyse /Title36 /36cfr800 main 02.1p1 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http: / /ww»�:nps., ov/liisiory /local - law /nlipa I966.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). http : / /us -code vlex.com /yid /drug- free -wot-k glace- requirements - 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. ��otf /cui- bin /text - idx`?c =ecfrc&.SI D= eba40bdb52822d80827a48bced5bOb56 &,n-m =div8&vie «v= text&node =2 4: 3.1.1.3.4.1 1.1.10&.idno =24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 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 : tiOi tell o Use. Rov /omb /circulars aO87 2004/ Grace Place for Children and Families, Inc. CDBG CD 4 -08 Campus Expansion and Renovation Project Page 27 of 42 Packet Page -2134- 9/23/2014 16.D.1. OMB Circular A ] 02: http:// Nvww .wiliteliouse.�lov /c)mblcii-culars a]02/ OMB Circular A21.: httR :� /�-\,\,\.iN=.- wliltehouse,,,iov /omb /circulars a021 2004/ OMB CircularA110:http / /www.wllitehouse.aov /omb /circulars a110/ OMB Circular A 122: htip• / /wwwwhiteliouse.�,ov /onib /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 SU RECIPIENT 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. htt ileho use. gov /omb /circulars /a 133 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. littL):HwwxN,.Iaw.coi-iiell.edu/cfr/tex.t/24/92.-.'—)06 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. littii:Hw�vw fliwa. dot _E,,ov /t-ealestate /ua, index.litm littL)://wwvri*.Ia«T.Corllell.edu /cfr /text/49/24.101 lhttp- / /cfr vlea cam /vid /570 -505- use- real- propetiv- 19928754 4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes, httV:// wNNt w. l 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; all 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 an), Federal contract, grant, loan, or cooperative agreement. Grace Place. for Children and Families, Inc. Cnsc Cn14-08 Campus Expansion and Renovation Project Page 28 of 42 Packet Page -2135- 9/23/2014 16.D.1. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under 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. 438 Any rule or regulation determined to be applicable by HUD. 4.39 Florida Statutes 713.20, Part 1, Construction Liens http• / /www ler7 state fl us /Statutes /index cftii ?AV12 mode = Display Statute&I.JRL =0700- 0799/0713/0713.1itilil 4.40 Florida Statutes 119.021 Records Retention littp• / / "TNN,x,\? IaN�,server comr'laNa,/ state /Ilorida /statutes /florida statutes 119-.0.21 4.41 Florida Statutes, 119.071, Contracts and Public Records litti): / / «'ww le,T state fl us /'Statutes /index cfni?App mode =Displav Statute &URI:. 0100- 0199 /0119 /Sections /O l l 9.07.html Signature Page to Follow Remainder of Page Intentionally Left Blank Grace Place for Children and Families, Inc. ClJRG CD14 -08 Campus Expansion and Renovation Project Page 29 of 42 Packet Page -2136- 9/23/2014 16.D.1. IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Dated: (SEAL) Z4Z�7't7--Z5� L, 4 sff /y A641 L (00'4 6r-0 Name and Title Willi s Na►I W � dd Title Approved as to form and legality: J AA'a.. J vfer A. Belp ►o Assistant County Attorney Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN GRACE PLACE FOR CHILDREN AND FAMILIES, INC. By: � �.... STE ANTE MUNZ CAMPBELL, EXECUTIVE DIRECTOR Page 30 of 42 Packet Page - 2137 - ', } 9/23/2014 16.D.1. PART V EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida ,%ft des. 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. 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 S,rAG (IF APPLCABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 31 of 42 Packet Page -2138- )b� 9/23/2014 16.D.1. 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 (IP APPL,ICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Grace Place for Children and Families, Inc. CDBG C D14 -08 Campus Expansion and Renm,ation Project Page 32 of 42 Packet Page -2139- %t 9/23/2014 16.D.1. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Grace Place for Children and Families. Inc Sub recipient Address: 4300 21" Avenue. SW Naples. Florida. 34116 Project Name: Grace Place Renovation and Campus Expansion Project No: CD J 4 -08 Payment Request # Total Payment minus Retainage: Period of Availability: 10/01/14-09/30/15 Period for which Agency has incurred indebtedness: through SECTION 11: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3, Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests (include Retainage) 5. Amount of Today's Request 6. 10% Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded Less 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 SUBRECLPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (approval required $15,000 and above) Grace Place for Children and families, Inc, CDBG ('1314 -08 Campus Expansion and Renovation Project Date Authorizing Grant Accountant Department Director (approval required $15,000 and above) Page 33 of 42 Packet Page -2140- 9/23/2014 16.D.1. EXHIBIT "C" REPORTING SCHEDULE The SUB.RECIPIENT shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October I' — December 31$' January 10" January 31$' — March 3 I'' April I0" Aril I" — June 30" .IuI 10" Jul I51— September 30" October 10" SUBRECIPIENT AGREEMENT GRACE PLACE RENOVATION AND CAMPUS EXPANSION 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? Grace Place for Children and Families, Inc. CDBG CD I4 -08 Campus Expansion and Renovation Project Page 34 of 42 Packet Page -2141- - >J 9/23/2014 16.D.1. 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. HOUSEHOLD INFORMATION Complete these tables for those households assisted during 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 (81-120% AM]) No. Female Head of Households TOTAL RACE AND ETHNICITY BENEFICIARIES 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/Afi•ican American Other Multi- Racial TOTAL Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 35 of 42 Packet Page -2142- EXHIBIT "D" QUARTERLY PERFORMANCE REPORT DATA GENERAL 9/23/2014 16.D.1. 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: Project Title: Program Contact: Telephone Number'�ssi *REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): Date: Alternate Contact: 3 Q 12/31/14 "° 3/31/15 ��06130/15 , ❑ _p9130115 Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. Grace Place for Children and Families, Inc. CI)SG CD14 -08 Campos Expansion and Renovation Project Page 36 of 42 Packet Page -2143- 9/23/2014 16.D.1. Yes If no, ex e Since October 1, 2014, of the persons assisted, how, man :.. a. ...now have new access (continuing) to this service or benefit? b. ...now has improved access to this service or benefit? C. —now receive a service or benefit that is no longer substandard? . TOTAL: 0 4. Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds Total Other Funds Grace Place for Children and Families, Inc. CDBG CD14-08 Campus Expansion and Renovation Project Page 37 of 42 Packet Page -2144- HOPWA CDBG ESG HOME Total Entitlement $ Funds s. C' s4 .iss'tise�taintttrsbe�otf.)lsif a. Total No. of adult females served: b. Total No. of adult males served: TOTAL: C. Total No. of families served: _ • s. Wttatis #he%taiiriumUgi ofl1ND a. Total number of adult females served b. Total number of adult males served: TOTAL., C. Total No. offamilies served: 9/23/2014 16.D.1. Total No. offemales served under 18: Total No. of males served under 18: 0 TOTAL: O f x O�i�r�, Total No. of female head of household: " +Abused Children I71�L1 ikTECtctiQriteserved since October .f # apptteable7` Total number of females served under 18: IF_ W mow`; In., , Total number of males served under 18: : 0 TOTAL: O r ss -Total No. female head of household: Persons wl HIV /AIDS �, of 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 0 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PRF-SUMED BE1&FICIAR DAT3t ;, „e . C)THER bgNEpICIARY DATA 1NCO1VIE' FRANCvB Indicate the total number of rrNDUP/ /GATED indicate the total number of LNDUPLLCA= persons persons served since October 1 who fall into served since October 1 who fall into each income each presumed benefit category (the total category (the total should equal the total in question #6): should equal the total in question #6), Report as: " +Abused Children (Homeless Person :Battered Spouses Persons wl HIV /AIDS Elderly Persons Veterans Chronically/ Mentally ill ` Physically Disabled Adults �Other-Youth TOTAL: 0 Report as: FloExtremely low Income (0 -30 %) Low Income (31 -50 %) Moderate Income (51 -80 %) Above nAotlerate income ( >80 %) TOTAL: 0 9. Rectal "$ Ethriic l0ata 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 Black/African American Asian American Indian /Alaska Native Native Hawaiian /Other Pacific Islander American Indian/Alaskan Native & White Black/African American & White Am. Indian /Alaska Native & Black/African Am. Other Multi- racial Other t o ,. TOTAL: O Name: Title: of whom, how many are Hispanic? ofwhom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic7 of whom, how many are Hispanic? of whom, how many are Hispanic? t' of whom, how many are Hispanic? "i- of whom, how many are Hispanic? of whom, how many are Hispanic? 0 TOTAL HISPANIC Grace Place for Children and Families, Inc. CDBG CD14 -4t8 Campus Expansion and Renovation Project Page 38 of 42 Signature: Your typed name here represen s your electronic signature Packet Page - 2145 - "` J EXHIBIT "E" INCOME CERTIFICATION INSTRUCTIONS 9/23/2014 16.D.1. 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 7 8 Total Cash Value of Assets 13(a) Total Income from Assets 13(b) If line 13(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0 %) and enter results in 13(c), otherwise leave blank. 13(c) Grace Place for Children and Families, Inc. CDSG CD14 -08 Campus Expansion and Renovation Project Page 39 of 42 Packet Page -2146- J 9/23/2014 16.D.1. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, income bonuses, and overtime (Enter the I greater of 2 box B(b) or 3 box B(c), 4 above, in 5 box C(e) 6 below) 7 8 (a) (b) (c) (d) (e) Totals 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. 1 /we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I /we certify that the statements are true and complete to the best of my /our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 40 of 42 Packet Page -2147- 9/23/2014 16.D.1. E. CDRG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is /are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: Very -Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Low- Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Moderate - Income (MOD) Household means and individual or family whose annual income does not exceed 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_ Nnncehn1d Data Number of Persons By Race / Ethnicit y B Age Native American Hawaiian or 0— 26— 41 — Asian Black white Other b2+ Indian Other Pac. 25 40 61 Islander Hispanic Non - Hispanic NOTE: h formation concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No benefnciaq is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Grace Place for Children and Families, Inc. CDBG CD14 -08 Campus Expansion and Renovation Project Page 41 of 42 Packet Page -2148- 9/23/2014 16.D.1. EXHIBIT "F" ANNUAL AUDIT MONITORING REPORT most recentl corn feted Fiscal Year Total Federal Finand al Assistance Expended during most $ recent) comp leted 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 E 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 manaaement'letter. ❑ 1 We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above ❑ Are exempt for other reasons- explain An audited financial statement is attached and if applicable, the independent auditor's management letter. /IF r: A: n.,4n.l nlnnen nnrinca a r-nnv nt the rPSnonses and corrective action Dlan.i Certification Statement I hereby certify that the above information is true and accurate. Signature Date I Print Name and Title This form may be used to monitor Florida single Auctlr AU (Mature LiJ.`l i) requirements. Grace Place for Children and Families, Inc. CDBC CD14 -08 Campus Expansion and Renovation Project Page 42 of 42 Packet Page -2149 - 9/23/2014 16.D.1. Grant # B- 14 -UC -12 -0016 CFDA/CSFA# 14.218 Subrecipient — Habitat for Humanity of Collier County, Inc. DUNS # - 080676690 Agreement # CD14 -03 FEID # - 59- 1834379 IDIS# - 482 Fiscal Year End: 6/30 Monitor End: 9/30/2023 AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project THIS AGREEMENT is made and entered into this day of , 2014, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "Habitat for Humanity of Collier County, Inc. "( "Habitat for Humanity" or "SUBRECIPIENT"), having its principal office at 11145 Tamiami Trail E, Naples, FL 34113. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan — One Year Action Plan for Federal Fiscal Year 2013 -2014 for the CDBG Program with Resolution 2014 -129 on June 24,2014 — Agenda Item 16D8; and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the CDBG Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG 14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Packet Page -2150- Page I of 41 9/23/2014 16.D.1. 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 determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the CDBG program, will make available CDBG funds up to the gross amount of $500,000 to Habitat for Humanity of Collier County, Inc. to fund construction and project delivery of an access road (Woodcrest Drive) to Legacy Lakes development in order to construct units of new affordable housing in the subdivision. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to HHVS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the SUBRECIPIENT's governing body within thirty (30) days of conveyance: 1. Affirmative Fair Housing Policy 2. Affinnative 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 /Budget Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 2 of 41 Packet Page -2151- 9/23/2014 16.D.1. Improvements Federal Funds Project Component 1:- Construction of an entry road to Legacy Lakes $439,782 development in order to construct new affordable housing in the subdivision. Project Component 2: Project Delivery — CDBG eligible project $ 60,218 delivery tasks necessary for completion of the project. Total: $500,000 The SUBRECIPIENT will accomplish the following project tasks: Project Tasks I. Complete an Environmental Review for the entire project and provide the County an Environmental Clearance prior to the obligation of any funds. 2. SUBRECIPIENT will pay all closing costs related to the conveyance of the properties. 3. Maintain and provide to the County resident income certification documentation that 51 % of all housing units constructed in the development shall be low to moderate income households. 4. Provide quarterly reports on progress and progress toward achievement of national objective 5. Provide monthly construction progress reports until completion of construction. 6. Identify Lead Project Manager 7. Provide Site Design and Specifications 8. Comply with Davis Bacon Labor Standards 9. Provide Certified Payroll weekly throughout construction 10. Comply with Uniform Relocation Act (URA) if necessary 11. 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 (LMI). As such the SUBRECIPIENT shall be responsible for ensuring that all activities and beneficiaries meet the definition of Area Benefit Activities (LMA). C. Project Outcome Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG 14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 3 of 41 Packet Page -2152- 9/23/2014 16.D.1. The SUBRECIPIENT will engage in performing the construction and project delivery of an entry road (Woodcrest Drive) to Legacy Lakes development in order to construct new affordable housing. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Project Component One: Documentation Submission of monthly invoices Special Grant Condition Policies Policies as stated in this Within thirty (30) days of (Section 1. 1) aRTeement A reement Execution Insurance Insurance Certificate - Exhibit A Annually within thirty (30) days Legacy Lakes development. of renewal Detailed Project Schedule Project Schedule Within thirty (30) days of A.Rreement Execution Project Plans And Specifications Site Plans and Rehabilitation Prior to Construction Start Specifications documentation of ft►lly permitted Environmental Review Environmental Review Record Prior to obligation of any CDBG funds for construction. Submission of Progress Report Exhibit C & D Quarterly Reports until full occupancy. Annually thereafter until 2023 Financial and Compliance Audit Exhibit F Annually one hundred eighty 180) days after FY end Eligible households(5 l% LMI Income Eligibility (Exhibit E) Maintain in client files Continued Use Certification I Continued Use Affidavit Annually until 2023 E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component One: Submission of supporting documents must be provided as backup as Submission of monthly invoices Funding costs will include but not limited to the following evidenced by completed AIA G702- expenses: The Construction of an 1992 form or equivalent document access road (Woodcrest Drive) to per contractor's Schedule of Values, Legacy Lakes development. check stubs, bank statements and any other additional documentation as requested. Final 10% (43,978.20) released upon documentation of ft►lly permitted and installed entry road to Legacy Lakes development and final beneficiary information and Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG 14-03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 4 of 41 Packet Page -2153 - •�JJ 9/23/2014 16.D.1. 1.3 TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start effective the date of the execution of this agreement and shall end on September 30, 2018. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available $500,000 for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with board approval. All improvements specified in Section I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding tinder a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request disbursement of CDBG funds until finds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 5 of 41 Packet Page -2154- including Certificate of Occupancy of the 51% of the new housing units constructed in the development. Proiect Component Two: Submission of supporting documents must be provided as backup as Submission of monthly invoices Funding costs will include but not limited to the following evidenced by timesheets, payroll expenses: Project Delivery. registers, banking documents, vehicle logs, and any additional documents as needed. Final 10% (6,021.80) released upon documentation of a fully installed and permitted access road (Woodcrest Drive) to the Legacy Lakes development. 1.3 TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start effective the date of the execution of this agreement and shall end on September 30, 2018. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available $500,000 for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with board approval. All improvements specified in Section I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding tinder a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request disbursement of CDBG funds until finds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 5 of 41 Packet Page -2154- 9/23/2014 16.D.1. agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work. progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written authorization from the Grant Coordinator will not be reimbursed. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A Developer is not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is Subject to 24 CFR Part 85 and may impose requirements upon the Developer in order for the County to 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. Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 6 of 41 Packet Page -2155- 9/23/2014 16.D.1. COLLIER COUNTY ATTENTION: Gino Santabarbara, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 239 - 252 -2399 GinoSantabarbara @colliergov .net SUBRECIPIENT ATTENTION: Nick Kouloheras Executive V.P. of Land Development Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail E. Naples, FL 34113 239 - 775 -0036 nkotiloheras@hfbcollier.com Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructurc Project Page 7 of 41 Packet Page -2156 - PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 9/23/2014 16.D.1. At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the Grantee, SUBRECIPIENT, or Developer within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning SUBRECIPIENT audits and OMB Circular A -133. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to 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 HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and Habitat Far Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 8 of 41 Packet Page -2157- 9/23/2014 16.D.1. 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 tennination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The 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 teens and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit F) to the COUNTY no later than one hundred eighty (180) days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG[4 -03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 9 of 41 Packet Page -2158- r,� 9/23/2014 16.D.1. programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this 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, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non- compliance is as follows: 1. Initial non - compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non - compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 10 of 41 Packet Page -2159- 9/23/2014 16.D.1. 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 fields 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 ivith 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 Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10"' day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C" & "D ". Exhibit "C" & "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting Habitat for humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 11 of 41 Packet Page -2160- 9/23/2014 16.D.1. 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. Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 12 of 41 Packet Page -2161- y PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS 9/23/2014 16.D.1. 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 (l) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 and (3) SUBRECIPIENT is not required to follow federal procurement and (4) for SUBRECIPiENTS revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadvvay (Woodcrest Drive) Infrastructure Project Page 13 of 41 Packet Page - 2162 - %:- J` 9/23/2014 16.D.1. 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 tenmination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. There are no funds being granted in association with this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation. shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon -n. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. 3.7 GRANTEE RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBGI4 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 14 of 41 Packet Page -2163- 9/23/2014 16.D.1. public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate Ivey information regarding the development team as well as Equal Mousing 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 tenninations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 15 of 41 Packet Page -2164- 9/23/2014 16. D.1. 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 finds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY'S receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and carried, at all times during its perfonmance. 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 Habitat for Humanity of Collier County, Inc. 2014 -2415 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 16 of 41 Packet Page -2165- ,;, 9/23/2014 16. D.1. SUBRECIPIENT are required to follow Federal Procurement regulations and Collier County's purchasing thresholds. 3.13 PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The COUNTY may close out the project with the SUBRECIPIENT after the five (5) year period has been met. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. 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 MINORITYIWOMEN -OWNED BUSINESS ENTERPRISES Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 17 of 41 Packet Page -2166- 9/23/2014 16.D.1. 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 (5 1) 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" & "D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY'S specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update /modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 18 of 41 Packet Page -2167- 9/23/2014 16.D.1. maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG 14 -03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastnicture Project Page 19 of 41 Packet Page -2168- 9/23/2014 16.D.1. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- Ali the regulations regarding the CDBG program http://www.law-comell.edu/cfr/text/24/part-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: littp: / /wxN ,\,,?.ecfr. _ov /c LTi -bin /text- idx? c= ecl' r& tpl= /eefrbrowse /Title24 /24cfr58 main 02.tp1 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1 974 as amended http:/ /portal hud gov/hLidportal/HUD ?src= /program offices /fair housing equal opp/FH Laws /109 4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair Housing Act. http• / /www.hud.aov/ offices/ fheo /library /huddoistatemeiit.pdf E.O. 11063 — Equal Opportunity in Housing http: / /201-tai hud Cfov /hud_portaJ /H1JD ?src = /protLram offices /fair housing equal opp,/FH Laws /Ek011063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http• / /�vv'w archives <,ov/ federal- re aister /codificationlexecutive- order /l2259.html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http: / /www.law.comell.edu /cfr /text /24 /part -107 4.5 Title VI of the Civil Rights Act of 1964 as amended., Title Vlll of the Civil Rights Act of 1968 as amended http://poi-tal hud Rov /hudportal /HUD ?src = /program offiices /fair housing equal opp /grog 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 2pa ,ov /fdsys/pki= /CFR - 2007 - title24- vo13 /pdf /CFR- 2007 - title24 -vol3- sec570- 602.pdf 4.7 Executive Order 11246 ("Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246 :http• / /wNN,w.eeoc. Lovfeeocl history /35tli /thelaw /eo- 11246.htmI EO 1 1375 and 12086: see item #8 below 4.8 Title VI1 of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USG § 2000e, et. sect The SUBRECIPIENT will, in all solicitations or Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (WoodcrestDrive) Infrastructure Project Page 20 of 41 Packet Page -2169- 9/23/2014 16.D.1. advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http• / /wvvw eeoc Lov /laws /statutes /titievii -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 language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban. Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low - income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low - income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low - income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to business concerns that provide economic 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 eery low- income participants in other HUD programs. Habitat for 1 iumanity of Collier County, Inc. 2014 -201 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 21 of 41 Packet Page - 2170 - 9/23/2014 16.D.1. The SUBREC.IPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http://4N,ww.ecfr.Lrov/c,i- bin, text- idx? c= ecfr& tpl= /ecfrbrox ,,;se /Title2.4 /24cfr135 main 0.2.1pi 4.10 Age Discrimination Act of 1975, Executive Order l 1063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http•// www. dol .uov /oasam /reLs /statutes,'aLe act.htm 11063:littp•/ /portal hud « ov /11udporta1 /flUD ?src= /pi•oLt -am offices /fair hausinf7 equal o pp /Fl-ILaws /EXOI 1063 11246: littp• / /w4t�? eeoc. aov /eeoc /liistory /35thltlielaw /eo -I 1246.11tm1 11375: Amended by EO 11478 11478: http• / /wx,�w archives Lov /fedei-al- register /codification! executive- order /I 1478.1itm.1 12107: http :HwUANr archives Lov /federal- reListet-/codification /executive- order /12107.litrnl 12086: littp• / /Nvww archives Lov /federal- rersister /codification /executive- order /12086.htm1 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332. http: f/ us aceenaineeringpaml2lets2 .tpLib.com /EP- 1180-1-]/EP-1 180-1-10012.hti-n 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5),24 CFR 570.614 Subpart K. Section 504: http:// wNAw. epa .2ov /civilriEIits /sec5O4.litm 29 USC 776: litlp•/ /law onecle com /uscode /29 /776.litin1 24 CFR 570.614: littp://www.law.coniell,edLI/Cfr,/text/)4/570.614 4.13 The Americans with Disabilities Act of 1990 http• / /svww fiwa. dot .ciov /i-ealestate /ua /inclex.11tin 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. littp: / /NN'wNy fliwa. dot .Lovtrealestate /Liafindex.litm 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 Pant 3 - Contractors and Subcontractors on public building or Public Work Financed in whole or in part by Loans or Grants from the United States - littp• / /ww7v. law. corEiell.edu /cfr /tewtl291part -3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (AIso Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http: / /Ntiw-v,N, Iaw.eornell.edufcfi- /text /29.'part-5 Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CD13G14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 22 of 41 Packet Page -2171- 9/23/2014 16.D.1. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://wwNA,..presidencN,.Licsb.edLi/ws/index.plip?r.)id=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.Q. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http / /Nvww.mbda.L)ov /nc5de /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 are still applicable. 24 CFR 570.607: littp•//rv�w,vpo Liov /fdsys/,�k2 /CFR - 2010- title24- vol3Opdf /CFR -2010- tit] e24- vol3- sec570- 608.pdf E.O. 13279: http: // fed, ,ovcoiiti-a,cts.com /peO2- 192.litm 4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988. http:/i' www. nebi .nim.nih.2ov /pubnied> /I2289709 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: littp• / /www law comell.edLi/cfi• /text /24/part-84 Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; • Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(8) 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 Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG74 -03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 23 of 41 Packet Page -2172- 9/23/2014 16.D.1. ■ 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; • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • 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 84.7 1, 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. littp: / /NN,vvNv.ecfr.ii-ov /cei- bin /text- idx? c= ecfr8_ tpI = /ecfi-bro ",se /Titic24124efr85 main 02.tp1 4.21 Immigration Reform and Control Act of 1986 littl2:Hwwvv eeoc.L,ov /eeoc/history /35th /thelaw /irea.httnl 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 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 - httn:Hwww.lawserver.com /laGt' %state_ /florida /statutes /florida statutes chapter 112 part iii Collier County - lhttn• / /bccspO l /fiiteDirectory /ASD /HR/ labor /CMAs"Shared°/o20Documents /CMA %20531 1.1 % 20Standards %20of'Yo2OConduct.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 shalt 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. Habitat for Humanity of Collier County, Inc. 2014 - 2015 CDBG (CDBG 14 -03) Legacy Lakes Access Roadway (woodcrest Drive) Infrastructure Project Page 24 of 41 Packet Page -2173- -'7 9/23/2014 16.D.1. 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 patties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision- making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Floe -idla Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 201h 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. littp://www.flscnate.(-,(-)v/LawslStatutes/2010/4`4.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http• /hN� °w. law. cornell .edu /uscode /text/421'7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http: / /www.iav ,,, comell edu /uscode /text /33 /chapter -26 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• / /wn w.ecfr.,,ov/c•,zi- bin /teht- idx ?c =eclr& SID= eba40bdb5282 2d8O827a4gbced5bOb56&i- L,n =di\ 8&viec�= text& - node =2 4 :3.1.1.3A4 11 1.68 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: //xA,w�v.ecfi-,i- ov /c <_i- bin /text- idx'?c =ecf- SID= eba40bdb52822d80827a48beed5bOb56 RrL,n= div8&view= text&llode =2 4:3.1.1.3.4.11.1.9&idno =24 Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBGI4 -03) Legacy Lakes Aeecss Roadway (wooderest Drive) Infrastructure Project Page 25 of 41 Packet Page -2174- 9/23/2014 16.D.1. 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:/ /"nv,�v nps 2ov /llistorvilocal- law /nhpa 1966.htm h ttp:/hvWw.ecfr. uov /c ai -bin /text- idx? c= ecfr&: tpl = /ecfrbrowrse /'fitle36 /36cfr80O main 02.tp1 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http• / /w%vw.rnps.L,ov /iiistory /local- laNv /nlnpa 1966.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). http• / /r.rs -code vlex coin/vid /druLy- free -worl< place- i•equit-emerrts- contractors- I9242870 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://wwNv.ecfr.uov/cai- bin /text- idx ?c= ecfi• &SI D= eba40bdb 52822d8OS27a48beed5bOb56 &yi- Ln= divS&view= text& - node =2 4:3.1.1.3.4.1 1.1.108:idno =24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States local governments and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutio>•ns (even if part of a State or local government) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non - Profit OrgLanizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements OMB Circular A87: inttp• / /v. ,\Aiy v.vliitethouse.Lov /omb! circulars x087 2004/ OMB Circular A102:littp:/ /wxvtiv.wliiteliouse.Lov /omb /cii-culars x102/ OMB Circular A21:http• //w° yw.\ hitchouse.aov /omb /circillars a021 2004/ OMB Circular Al al l0/ lIabitat for Humanity of Collier County, Inc. 2014 -2015 CD13G (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 26 of 41 Packet Page -2175- 9/23/2014 16.D.1. OMB Circular A122: http: /lwwur. white llouse.aovlolnb /circttlars a122 20041 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. littp: / /yN,Wtw wliiteliouse.«ov /omb /circulate /a133 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http: / /www.laNv.cornell.edu /cfr /teax /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. littpa /�vww.flz��a. dot .�7ovlrealestate /ua /index.htm littp: /hvw «v.1a�v.coi-nell.edu /cfr /text /49124.101 littpJ /cf- .vlex. corn /vid /570- 505_use- real- property- 19928754 4.35 As provided in § 287.133, Florida Statz►tes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by ys 287.133 (3) (a), Florida Statittes. http: / /NN�tit,w la�,\ set ver coili/laxv /state /floi-ida /statutes /floi-ida statutes 287 -133 436 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the malting of any Federal grant, the 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 Habitat for I tumanity of Collier County, Inc. 2014 -201.5 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (woodcrest Drive) Infrastructure Project Page 27 of 41 Packet Page -2176- 9/23/2014 16.D.1. Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard. Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub - grants, contracts under 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 littp://www.feL,.state.11.us/Statutes/index.cfin?App mode= Displav Statute &URL =0700 0799/0713/0713.11tm1 4.40 Florida Statutes 119.021 Records Retention lntp: /h ,xnvw.lawserver.com./ law /state /f7orida /statutes /florida statutes 119-021 4.41 Florida Statutes, 1 19.071, Contracts and Public Records littp : / /N,�'-,','AN ".Iec.state.n.us /Statutes /index cfm?App mode = Display= Statute&URL =0100 0199/0119/Sections/0 I 19 07 htmI (Si-nature Page to Follow) Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 28 of 41 Packet Page -2177- 9/23/2014 16.D.1. IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: DWIGHT E. BROCK, CLERK Dated: (SEAL) , Deputy Clerk Witness Name an Witnes�EBEC A PARATORE Name and Title Approved as to form and legality: uck Jennifer A. Bel 'e 'o Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA IMr TOM HENNING, CHAIRMAN HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. NICK KOftOHERAS, EXECUTIVE V.P. OF LAND DEVELOPMENT FOR HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Habitat for Humanity of Collier County, Inc. 2.014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Packet Page -2178- Page 29 of 41 9/23/2014 16. D.1. PART V EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: I . 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 I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) I labitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 30 of 41 Packet Page -2179- 9/23/2014 16.D.1. 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 Iocated in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION /MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NF1P). The policy must show Collier County as a Loss Payee A.T.I.M.A. Habitat for Humanity of Collier County, Inc. 2014 -201 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 31 of 4l Packet Page -2180- 9/23/2014 16.D.1. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Habitat For Humanity of Collier County, Inc. Sub recipient Address: 11145 Tamiami Trail E, Naples, FL 34113 Project Name: Legacy Lakes Roadway Infrastructure Project Project No: CD 14-08 Payment Request # Total Payment minus Retainage: Period of Availability: 10/01/14-09/30/15 Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests (Include Retainage) $ 5. Amount of Today's Request $ 6. 10% Retainage Amount Withheld $ 7. Current Grant Balance (Initial Grant Amount Awarded Less 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 $15,000 and above) Habitat for humanity of Collier County, Inc. 2011 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 32 of 41 Packet Page -2181- EXHIBIT "C" REPORTING SCHEDULE 9/23/2014 16.D.1. The Subrecipient shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October I" — December 31 January 10 ' January 31"— March 315` A n 10" April I' — June 30" Jul 10" Jul l " — September 30u' October IOU, SUBRECIPIENT AGREEMENT LEGACY LAKES ROADWAY INFRASTRUCTURE PROJECT Date Submitted: Activity Reporting Period: Contact Person: Telephone: Email: GENERAL 1, Activity Status or Milestones — describe any significant actions taken or outcomes achieved during this reporting period. 2. Future Actions — what significant actions or outcomes are expected during the next reporting period? Habitat For Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 33 of 41 Packet Page -2182- 9/23/2014 16.D.1. 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. Activi .:.This :Re ortin 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 White No. Very-Low Income Households (31 -50% AMI) No. Low - Income. Households (51 -80% AMI) No. Moderate- Income Households (81 -120% AMI) Asian 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 / AIaskan Native and Black/Affican American Other Multi - Racial TOTAL Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 34 of 41 Packet Page -2183- EXHIBIT "D" QUARTERLY PERFORMANCE REPORT DATA GENERAL 9/23/2014 16.D.1. 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: Project Titre: Program Contact: Telephone Number: *REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): Date: Alternate Contact: 0 12/31/14 03/31/15 ,W. 006130115 � 0 9130/16 l] Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. 1 Please list the outcome goal(s) from your approved application & sub- recipient agreement and indicate your progress in meeting those goals since the beginning of the agreement. Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBCr14 -03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Packet Page -2184- Page 35 of 41 9/23/2014 16.D.1. 2. M Is this project still in compliance with the original project schedule? If more than 2 months behind schedule, must submit a new timeline for approval y Yes �.. No If no. explain: Since October 1, 2014, of the persons assisted, how many.... Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 36 of 41 Packet Page -2185- 9/23/2014 16.D.1, 5. What is the total number of UNDUPLICATED clients served this quarter, if applicable? a_ Total No. of adult females served: D - Total No. of females served under 18: 0 - b. Total No. of adult males served: O ,c Total No. of males served under 18: 0 . Native Hawaiian /Other Pacific Islander TOTAL: 0 TOTAL: O C. Total No, of families served 0 "?. . ~'Total No. of female head of household: 0 r Other Multiracial 0' 6. What is the total number of UNDUPLICATED clients served since October, if applicable? a. h Total number of adult females served Q ; Total number of females served under 18: ' O b. Total number of adult males served: 0 ; „Total number of males served under 18: TOTAL: 0 TOTAL: O Q. Total No. of families served: OM 'Total No. of female head of household: Complete EITHER question #7 OR #8, Complete question #7 If your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question #8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PRESUMED BENEFICIARY DATA 8. OTHER BENEFICIARY DATA: INCOME - RANGE Indicate the total number of t 1ND /Pt t _AT D Indicate the total number of IIND IPI t -AT D persons persons served since October 1 who fall into served since October 1 who fall into each income each presumed benefit category (the total category (the total should equal the total in question #6) : should equal the total in question 46), Report as: Report as: Abused Children Homeless Person Battered Spouses Persons wl HIVIAIDS Elderly Persons Chronically / Mentally ill Physically Disabled Adults TOTAL: 0 r O ,, Extremely low Income (0 -30%) Low Income (31 -50 1%) _ O„ ;Moderate Income (51 -80 %) O Above Moderate Income ( >80 %) TOTAL: 0 9. 1 Racial & Cinnic uaia; - I t„ dNNnuou,ol 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? Biaek/African AmericanO_, - Asian O American Indian /Alaska Natives 0 . Native Hawaiian /Other Pacific Islander - 0'i ,: American Indian /Alaskan Native & White 0,;' ' Black/AfricanAmerican & White G(+ - Am. Indian /Alaska Native & Black/Afriean Am D `, Other Multiracial 0' Other 0„ - TOTAL: O Name: Title: Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (.CDBG14 -03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Packet Page -2186- Signature: Your typed name here represents your electronic signature Wage 37 of 41 of whom, how many are Hispanic? 0 _; of whom, how many are Hispanic? of whom. how many are Hispanic? O '; of whom, how many are Hispanic? ,O ;of wham, how many are Hispanic? O ";of whom, how many are Hispanic? O of whom, how many are Hispanic? :of whom, how many are- Hispanic? ' 0 =; of whom, how many are Hispanic? 0 1; of whom, how many are Hispanic? 0 TOTAL HISPANIC Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (.CDBG14 -03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Packet Page -2186- Signature: Your typed name here represents your electronic signature Wage 37 of 41 EXHIBIT "E" INCOME CERTIFICATION INSTRUCTIONS 9/23/2014 16.D.1. 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 7 8 Total Cash Value of Assets 13(a) Total Income from Assets 13(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 13(c), otherwise leave blank. 13(c) Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CD13G14 -03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 38 of 41 Packet Page -2187- 9/23/2014 16.D.1. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages I Benefits / Public Other Salaries Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime 1 {Enter the greater of 2 box B(b) or 3 box B(c), 4 above, in 5 box C(e) below) 6 7 8 (a) (b) (c} (d) {e) Totals 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. 1 /we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I /we certify that the statements are true and complete to the best of my /our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that vhilful 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 Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG14 -03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 39 of 41 Packet Page -2188- 9/23/2014 16.D.1. E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is /are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: Very-Low Income (VLI) Household means and. individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ), Low- Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Moderate - Income (MOD) Household means and individual or family whose annual income does not exceed 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 / Ethnicit B Age Native American Asian Black Hawaiian or white 0— Other 26— 41— 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 henefreiaq is required to give such information he or she desires to do so, and refusal to give such information wi/1 not affect any right he at- she has to the CDBG program. Habitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG 14-03) Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 40 of 41 Packet Page -2189- 9/23/2014 16.D.1. EXHIBIT "F" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Govemments, and Non - Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, si nand date this form. Subrecipient Fiscal Year Name Period Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. ❑ We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (ir rnnarngs were nvteu, PIedse U1KAUbtl d L.vpy u1 UIC 1CaNv1laca mw %.U11c%.uvc oa.Lwn m_­/ Certification Statement hereby certify that the above information is true and accurate. Signature I Date Print Name and Title This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Ilabitat for Humanity of Collier County, Inc. 2014 -2015 CDBG (CDBG 14 -03) Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 41 of 41 Packet Page -2190- 9/23/2014 16.D.1. Grant # - B- 14 -UC -12 -0016 CFDA /CSFA# - 14.218 Subrecipient — David Lawrence Mental Health Center, Inc. Agreement #CD14 -07PS DUNS # - 096580782 IDIS 4486 FEID # - 59- 2206025 Fiscal Year End: 06/30 Monitor End: 09/2015 AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER, INC. THIS AGREEMENT is made and entered into this day of , 2014, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "David Lawrence Mental Health Center, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florida ( "Subrecipient "), having its principal office at 6075 Bathey Lane, Naples, FL 34116. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan — One Year Action Plan for Federal Fiscal Year 2014 -2015 for the CDBG Program with Resolution 2014 -129 on June 24, 2014 — Agenda Item 16138; and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the CDBG COMMUNITY ACCESS ADMINISTRATIVE SERVICES PROGRAM; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: DLC CDDG CD14.07PS Community access Administrative Services Program Pagel of 41 : 1 Packet Page -2191- `d �\ 9/23/2014 16.D.1. 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 determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: SCOPE OF SERVICES FY2014 -2015 Action Plan identified and approved the Public Services Project to David Lawrence as follows: Proiect Component One: Salaries Funding costs will include but not limited to the following expenses: Fund 2 Full Time (FT) Benefits Managers, partial salary for Quality Improvement and Program Support Director Project Component Two: Supplies Funding costs will include but not limited to the following expenses: Fund purchase and set up of computer kiosks at various David Lawrence Center locations. Project Component Three: Posta e /Freight/Sbipping Funding costs will include but not limited to the following expenses: All costs associated with postage, freight and shipping. Items identified for funding are outlined in the PROJECT DETAILS in Sectionl.2. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty (30) days of conveyance: 1. Affirmative Fair Housing Policy -N /A 2. Affirmative Action/ Equal Opportunity Policy 3. Conflict of Interest Policy 4. Fraud Policy 5. Equal Opportunity Policy DLC CD BC CD14 -07PS Community Access Administrative Services Program Page 2 of 41 Packet Page -2192- of 9/23/2014 16. D.1. 6. Procurement Policy 7. Residential Anti - displacement and Relocation Policy -N /A 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) -N /A 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 /Budget Public Services Federal Funds Proiect Component One: Salaries $64,590 Funding costs will include but not limited to the following expenses: Fund 2 Full Time (FT) Benefits Managers, partial salary for Quality Improvement and Program Support Director; purchase and set up of computer kiosks at various David Lawrence Center locations. Project Component Two: Supplies $22,500 Funding costs will include but not limited to the following expenses: purchase and set up of computer kiosks at various David Lawrence Center locations. Project Component Three: PostawlFreizhtlShipp $2,712 Funding costs will include but not limited to the following expenses: All costs associated with postage, freight and shipping. Total: I 1 $89,802 The Subrecipient will accomplish the following project tasks: Proiect Tasks 1. Maintain and provide to the County resident income certification or presumed eligibility documentation (Exhibit E) or documentation of Census Track 2. Provide quarterly reports on progress and procurement thresholds (Exhibits C & D) 3. Required attendance by Executive Management at quarterly partnership meetings, as requested B. National Objective Dr.0 CDBC CD14 -07PS Community Access Administrative Scivices Program Page 3 of 41 Packet Page - 2193 - td�j 9/23/2014 16.D.1. The CDBG program funds awarded to Collier County must benefit low - moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of Low Mod Clientele (LMC) or presumed Low Mod Clientele. C. project Outcome. The Subrecipient will provide Commuruity Access Administrative Services and purchase and set up of computer kiosks to serve a minimum of three hundred (300) persons. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within thirty (30) days of (Section 1.1) i agreement Agreement.Execut.ion Creation and maintenance of income Exhibit E Deliverable: Ongoing and to eligibility files on clients sensed be reviewed during monitoring This funding will benefit a minimum of - Exhibit C and D Deliverable: Ongoing and 300 individuals or presumed clientele evidenced by quarterly report and monitoring Quarterly Progress Reports Exhibit C & D Quarterly through 9/2015 Financial and Compliance Audit Exhibit F Annually one hundred eighty (180 ) days after FY end y Proof of Insurance insurance Certificate Annually within 30 days of renewal Program income Re -Use Plan -If _ Program Income Plan Annually through 09/2015 Applicable Document _ Inventory (if applicable)-If Applicable Loa Annual! until 2020 Continued Use Certification Continued Use Affidavit Annuall l until 2020 E. Payment Deliverables The Following Table Details the Payment Deliverables PF\YMENT DELIVERABLES Payment Deliverable L Payment— Supporting Documents Submission Schedule DLC CDBG CD14 -MM'S Community ;loess admivistrntive Services Program Pa ge 4 of 41 Packet Page -2194- 9/23/2014 16.D.1. Proiect Component One: Salaries Funding costs will include but not limited to the following expenses: Fund 2 Full Time (FT) Benefits Managers, partial salary for Quality Improvement and Program Support Director. Submission of supporting documents must be provided as back up as evidenced by i.e. time sheets, payroll registers, banking documents, and any additional documents as needed — Exhibit B Final 10% ($6,459.00) released upon documentation of a minimum of 300 persons served monthly Proiect Component Two: Supplies Submission of supporting monthly Funding costs will include but not documents must be provided as limited to the following expenses: back up as evidenced by invoices, purchase and set up of computer kiosks procurement documents, banking at various David Lawrence Center documentation and any additional locations. documents as needed- Exhibit B Final 10% ($ 2,250.00) released upon documentation of equipment purchase, installation and beneficiaries served Project Component Three: Submission of supporting monthly Postat?e/Freieht/Shippin documents must be provided as Funding costs will include but not back up as'evidenced by invoices, limited to the following expenses: All procurement documents, banking costs associated with postage, freight documentationand any additional and shipping, documents as needed - Exhibit B Final 10% ($271.20) released upon documentation of equipment purchase, installation and beneficiaries served 1.3 TIME OF PERFORMANCE Services of the Subrecipient shall start upon execution of the agreement and shall end on September 30, 2015. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available EIGHTY NINE THOUSAND EIGHT HUNDRED TWO DOLLARS AND NO CENTS ($89,802.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). DIX CDBG CD14 -07PS Community Access Administrative Services Program Page 5 of 41 Packet Page -2195- 9/23/2014 16.D.1. Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with board approval. All improvements specified in Section I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written authorization from the Grant Coordinator will not be reimbursed. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit DLC CDIIC CD14 -07PS Community Access Administrative Services Program Page 6 of 41 Packet Page -2196- ;; 9/23/2014 16.D.1. 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 SUBRECIPIENT is not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is Subject to 24 CFR Pact 85 and may impose requirements upon the SUBRECIPIENT in order for the County to remain compliant with its obligation to follow 24 CFR Part 85. The SUBRECIPIENT 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: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mai Ito: RosaMunoz(ii'�ColIieraov.net 239 - 252 -5713 SUBRECIPIENT ATTENTION: Scott Geltmeyer, Chief Financial Officer David Lawrence Center 6025 Bathey Lane Naples, FL 34116 SCOTT @dlcmhc.com 239 - 354 -1420 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. DLC CDDG CD14 -07PS Community Access Administrative Services Program Page 7 of 41 Packet Page -2197- �� 9/23/2014 16.D.1. 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 1-11-IVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and 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 DLC CDBG CD14 -07rS Community Access Administrnrive Services Program Page 8 of 41 Packet Page -2198- 9/23/2014 16.D.1. contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. . The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The 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 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 Iaw. 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 HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of H14VS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. . DLC CF)RG CD14 -07PS Community Access Administrative Services Program Page 9 of 41 Packet Page - 2199 -,? 9/23/2014 16.D.1. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this 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, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non - compliance is as follows: 1. Initial non - compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non - compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. 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 DLC CDBG CD14 -07Ps Community Access Administrative Services Program Page 10 of 41 Packet Page -2200- ;__J 9/23/2014 16.D.1. 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 a",ards at discretion of the Board of Count); Commissioners. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 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 Exhibits "C and D ". Exhibits "C and D" contain 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 DLC CDRG CD14 -07PS Community Access Administrative Sen-ices Program Page 11 of 41 Packet Page -2201- TERMS AND CONDITIONS 3.1 SUBCONTRACTS 9/23/2014 16.D.1. 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 SUBRECIPIENT's revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental 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 DLC Cuec Cuia -ones Community Access Administrative Services Program Page 12 of 41 Packet Page - 2202 -' 9/23/2014 16.D.1. of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. There are no funds being granted in association with this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of . the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Flarzda 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 SUBRECIPTENT for, on behalf of, and /or about the Program shall include the statement: D IX CDDG CD14 -07PS Community Access Administnndive Services Program Page 13 of 41 Packet Page -2203- 9/23/2014 16.D.1. "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; DLC CDBG CD14 -07PS Community Access Administrative Services Program Page 14 of 41 Packet Page - 2204 - 9/23/2014 16.D.1. B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG finds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.10 INSURANCE SUBRECIPIENT shall not co►nmence any work and /or services pursuant to this Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CPR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT's are required to follow Federal Procurement regulations and Collier County's purchasing thresholds. DLC CDBG CD14 -07PS Community Access Administrutive Services Program Page 15 of 41 Packet Page -2205- 9/23/2014 16.D.1. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range {$) Quotes Under $3K 1 Written Quote $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid IFB) 3.13 PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The County may close out the project with the SUBRECIPIENT after the five (5) year period has been met. Activities during this closeout period shall include, but not be limited to: 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 deterinining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. 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. DLC CDBG CD14 -07PS Community Access Administrative Services Program Page 16 of 41 Packet Page -2206- ._.,; 9/23/2014 16.D.1. 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 (5 I) 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 IIUD, 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 Exhibits "C and D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update /modification. 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 nl,C CDBG CD14-071'S Communih• Aecess Administrative Se"ic" Program Page 17 of 41 Packet Page -2207- �._`J 9/23/2014 16.D.1. interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RIi1LIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church /State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not 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 cant' out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, nt.0 CDBG CD14 -07PS Community Access Administrative Services Program Page 18 of 41 Packet Page -2208- 9/23/2014 16.D.1. 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. Remainder of Page Intentionally Left Blank DLC CDBG C.D14 -07P$ Cummunity Access Administrative Services PraLram Page 19 of 41 Packet Page -2209- 9/23/2014 16.D.1. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program htip://ww-w.Iaw!.cornel l.edti/cfr /text /24 /pail -570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: htip: / /www,ecfr.,,ov /cgi- bin /text- idx? c= ecti•& tpl= /eef'rbrowse/Title24 /24efr58 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.ilud.gov /llucll)oi-tal /HUD ?src = /program offices/fair housing equal opp /F1-1 Laws / 109 4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair Housing Act. litti)://www.hud.aov /oft ices /flieo /library /huddoistatement.pdf E.O. 1 1063 — Equal Opportunity in Housing littj):Hpoi-tal llud uov /hudportal /IIUD ?src= /proaram offices /fair housin1� equal opp /Fl -1 Laws /EXO 1 1063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs httd : / /\vwww.ai•chives.eov /federal - register /codification /executiv_ e- order /l2259.html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.coi-nell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended htip•Hxn-tal hud coy /hudportal /H1JD ?Sre= /proL•ram offices /fair lhousint) equal opp /prof, 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.!,, ,ov/-fdsys/pka/CFR-2007-title24-vol3/pdf7CFR-2007-titIC24-vol')- scc570-602.1)df 4.7 Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http: / /www.eeoc.gov /eeoc /history /35th /thelaw /eo- 11246.htmi EO 11375 and 12086: see item #8 below 4.8 Title VI1 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 DLC CDl3C CD14 -07PS Community Access AAministrutive Senices Program Page 20 of 41 Packet Page -2210- 9/23/2014 16.D.1. advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http: / /www,ceoe. aov /IaNvs /statutes /titiev ii.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 language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to Iow- 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. DLC CDBG CD14 -07PS Community Access Administrative Services Program Page 21 of 41 r' Packet Page -2211- 9/23/2014 16.D.1. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http: / /wwwv.ecfr,,,wov /cgi- bin/ text- idx? c= ecFrR tpl= /ecfrbrowse /Title24 /24cfr135 main 02AI)l 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 1 1375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http:// www.dol.goi,/oasam /i-egs/statute,s /age act.)htm 11063:littp:Hportal hud aov/hudpot-taI /HUD?sre= /program offices /fair housing equal o pp /FHLaws /EXO 1 1063 11246: littp:// w? ww. eeoc, �, ov /eeoc/histot-v /35tii /tlielaw /eo -1 1246.htin 1 11375: Amended by EO 11478 11478: http /hwww archives Gov /federal- register /codification /executive - order /I 1478.htmi 12107: http: / /ww\v archives gov/ federal- re1ister /codification /executive- order /12107.11tm_i 12086: http: / /www.archives.-ov/ federal - register /codification /executive- order /I2086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332. http:// usaceent,: iiieerin�-,I)amplets2.ttub.com /EP -1 180- 1 -1 /EP- 1180- 1- 10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http:/ hN,,\v- �Ni .el2a.gov /civih•ights /sec5O4.litm 29 USC 776: littp: // law .onecle.com /uscode /29/776.litml 24 CFR 570. 614: http: //www.law.coriiell.edu /cfr /text /24/570.614 4.13 The Americans with Disabilities Act of 1990 h ttp: / /NwwNv. fliwa.(Iot -gov /realestate /ua /i ndex.lttni 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. littL)://v`nv-«i.fliwa.dot.gov /realestate /ua /iiidex.litm 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 1.35.11(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.law.coi-ne l l.edti/afr /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) littt): //www, law.coriiel l .ed ti /ci`r /text /29 /part -5 D 1,C CD¢C CDI4-07PS Community Access Administrative Services Program Page 22 of 41 Packet Page -2212- 9/23/2014 16.D.1. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http: / /WWW. presidency .ucsb.eduhws /index,php ?aid =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: / /wNvw.nibda., ov /node /_; 33 HUD Circular Letter 79 -45: No reference found 4.17 The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non- discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: http: / /www.gpo.gov /fdsys /pke /CFR - 2010- title24- vo13 /pdf/CFR -2010- title24-- vol3- sec570- 608_pdf E.O. 13279: http:Hfedgovcontracts ,coin/pe02- 192.htm 4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988. http : / /wNvw.ncbi.nhn.nih.goy /pLibmed/ 12289709 4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with institutions of Higher Education, Hospitals and Other Non -Profit Organizations and specified by the following subsections: http : / /w,Nvvw.law.coriiell.edri /cfi- /text /24 /part -84 Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in malting payments to SUBRECIPIENT's; o Section 84.23, Cost Sharing and Matching; o Section 84,24, Program income — in lieu of 84.24 CDBG SUBRECIPIENT's shall follow 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's shall follow 570.505; o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: ■ In all cases in which equipment is sold, the proceeds shall be program income (pro -rated to reflect the extent to which CDBG funds were used to acquire the equipment); and nLC CDBG CDJ 4-07P5 Community Access Administrative Services Pragram Page 23 of 41 gam\ Packet Page -2213- `;� 9/23/2014 16.D.1. • 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; • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • 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 84.7 1, 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. hrtp: / /www.eefi-.(-)�ov /egi- bin /text- idx? c= ecfr& tpl= /ecfrbrowse /Title24 /24efr85 main 02.tpl 4.21 Immigration Reform and Control Act of 1986 l itt p • / /ww'w.ecoc.�sov /eeoc /liistory /35th /tlieIaw /irea.litm I 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 to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. Florida Statutes - http: / /www lawsei-ver com /law /state /noricia /statutes /florida statutes chapter 112 part iii Collier County - http• / /becsp I /SiteDirectory/ASD /HR/ labor /CMAs/ Shared %20Documents /CMA` %20531 i .1 % 20Standards %,2OoP /o2DC:onduct.pcif 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. nLc CDBG Cu14-071's Community Access Administrapve Sennices Program Page 24 of 41 Packet Page -2214- 9/23/2014 16.D.1. 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, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20`x' 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. littp://%vww.flsenate.gov/l,aws/Statutes/201 0/44, 10? 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http: / /www.1,,iw.cornell.edu /uscode /text /42/7403. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edU/Ll-,code/text/33/chapter-26 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: //h-v%Atw.ecfr.gov /cgi- bin /text- idx' ?c =ecfr& SID= eba4Obdb52822d80827a48beed5bOb56 &rgn =div 8 &view = text &node =2 4:3.1.1.3.4. l 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. littL)://ww",.eefr.gov/chi-biii /text- idx`?c =ecfr& SID= eba40bdb52 82 2d80827a48beed5bOb56 &rgn =div8 &view = text &node =2 4:3. l .1.3.4.1 l .1.9 &idno =24 DLC CD6C CD14 -071'S Community Access Administrative Services Program Page 25 of 41 Packet Page -2215- 9/23/2014 16.D.1. 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. htti ): / /wNkiw-.nt)s.�Tov/history /local - law /nhpa 1966.htm litter / /www.ecf -.« ov /cgi- bin /text- idx? c= ecfr& et )l= /ecfrbrowsefritle36 /36cfr8OO main 02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http• //wop gov /iiistory /local- la\v /nlipaI966.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). http / /us code vIex com /vid /cli-ua- free - workplace- (-equii-emeiits- 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.ecfr. Gov /cgi- bin /text- idx° c= ecfr& S1D= eba40bdb52822 d80827a48beed5bOb56 &rt*n= div8 &view= text &node =2 4:3.1.1.3.4.1 l .1.10 &idno =24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 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 -i 10 for Administrative Requirements OMB CircularA87: http• / /www whitehouse gov /omb /circulars aO87 2004/ OMB Circular A102:http://wN,\;w.wliiteliouse..gov/oi-nb/circitlars 1102/ OMB Circular A2]:Iittp://xv,\vw,whitehoLise.gov/oiiib/cii-culai-s a021 2004/ OMB Circular Al 10:http://www.whitehouse..gov/oi-nb/circul.,irs a110/ uLc CDBG cu14-071'5 Community Access Administrative Services PR•091-am Page 26 of 41 it Packet Page -2216- - f 9/23/2014 16.D.1. OMBCircularAI22:littp:HNv%�7w.\vliiteliouse.gov/o b/circulars a 1.22 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. littp://�N'WNV.X�,;IiitC[IOLIse.gov/onib/cii-etilai-s/ai33 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs perfonned by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. littj..: / /ww�N,. Iaw,corne I l.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:// ,vvww .fliwa.clot.,zov /realestate /ua /index lhtm htII2://www.]aNv.cornell.edu/cfr /text/49/24.1 01 littp: / /cfr,vlex.com /vid /570 -505- use -real - property- 19928754 4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes, http: / /v\,ww.lawserver.com /law/ state /florida /statutes /floi-ida_statutes-287-1 33) 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 DLC CDBG CDi 4.07PS Community Access Administrative Services Program Page 27 of 41 Packet Page -2217- ``' 9/23/2014 16.D.1. Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENT's 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: / /www.leg.siate,11.us/ Statutes /index.efm ?Al2p mode = Displav Statute &URL =0700- 0799/071 3/0713.htm1 4.40 Florida Statutes 119.021 Records Retention http: / /\Nn,\,-w.lawsei-vei-.com /law /state /f7orida /statutes /florida statutes 119 -021 4.41 Florida Statutes, 1.19.071, Contracts and Public Records httl-)://www.leg.St,itC.fl.Lls/Statut(,-s/index.cfiii?Al-.)I) mode= Displav Statute& U RL=0 100- 0 1 99/01l 9 /Sections /0I 19.07.htm I (Signature Page to Follow) DLC CDBG CD14.47PS Community Access Administrative Services Proim en Page 28 of 41 Packet Page -2218- 9/23/2014 16.D.1. IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: DWIGHT E. BROCK, CLERK Dated: , Deputy Clerk (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DAVID LAWRENCE MENTAL HEALTH CENTER, INC., d /b /a DAVID LAWRENCE CENTER I Scott urges; Chie'I' Executive Officer Witness Name and Title Vi >tness � r�' Name and Title Approved as to form and legality: Jennife . Belpedio Assistant County Attorney DLC CDBG C014-OTPS Community Ames Administrative Services Program Page 29 of 41 Packet Page - 2219 -- 9/23/2014 16.D.1. PART V EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: I . 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 I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 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) DLC CDBG CD14 -07PS Community Access Administrative Senices Program Page 30 of 41 Packet Page -2220- 9/23/2014 16. D.1. or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT . In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION /MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. DLC CDBG CD14 -07PS Community Access Administrative Senices ProCram Page 31 of 41 Packet Page -2221- 9/23/2014 16.D.1. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: David Lawrence Mental Health Center Inc. d /b /a David Lawrence Center Sub recipient Mailing Address: 6025 Bathey Lane, Naples, FL 34116 Project Name: Community Access Administrative Services Program Agreement No: CD14 -07PS Payment Request # Total Payment Minus Retainage: $ Period of Availability: through Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. 10% Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Grant Coordinator Supervisor Dept Director _ Date Grant Accountant (approval required $15,000 and above) (approval required $15,000 and above) DLC CDRG CD14 -07PS Community Access Administrative Scn•ices Program Page 32 of 41 Packet Page -2222- EXHIBIT "C" REPORTING SCHEDULE 9/23/2014 16.D.1. The SUBRECIPIENT shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October I" — Decernber 3155 January 10" January 31" — March 31 5' Aril 10" April 151— June 301t jLly 10 Jul 151— September 30` October 10" SUBRECIPIENT AGREEMENT COMMUNITY ACCESS ADMINISTRATIVE SERVICES PROGRAM Date Submitted: Activity Reporting Period: Contact Person: Telephone: Email: FNRR A I I. 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? DL.0 CDBC CD14 -D7 PS Community Access Adminismitive Services Program Page 33 of 41 Packet Page -2223- 9/23/2014 16.D.1. 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 White No. Projects Complete No. Properties Demolished No. Pro erties Sold Asian TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. Household Data This Re ortin Period No. Extremely-Low Income Households (0 -30% AMI) White No. Very-Low Income Households (31-50% AMI) No. Low - Income Households (51 -80% AMI) No. Moderate- Income Households (81 -120% AMI) Asian 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 ULC CDRG CD14 -0711S Community Access Administrative Services Program Page 34 of 41 Packet Page -2224- EXHIBIT "D" QUARTERLY PERFORMANCE REPORT DATA GENERAL 9/23/2014 16.D.1. 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: David Lawiehce.trentar Date: EM "REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): ❑ 12/31/14 ❑3131115 ❑06130115 ❑ 9130115 O Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. 1. Please list the outcome goal(s) from your approved application & sub - recipient agreement and ,Indicate,your progress in meeting those goals since the beginning of the agreement B. Goal Progress: Indicate the progress to date in meeting each outcome goal. DLC CDBG CD14 -07PS Community Access Administrative Services I'mZram Page 35 of 41 Packet Page -2225- 9/23/2014 16.D.1. 2. 3. Is this project still in compliance with the original project schedule? if more than 2 months behind schedule, must submit a nevr.;. timeilne for approval. Yes If no, ex 1; No IR Since effective date of agreement, of the persons assisted, how many.... Total Other Funds DLC CDBG CD14 -071'S Community Access Administrative Services Program Page 36 of 41. Packet Page -2226- Total Entitlement $ Funds - 9/23/2014 16.D.1. 5. What is the total number of UNDUPLICATED clients served this quarter, if applicable? a. Total No. of adult females served: D :j :;Total No. of females served under 18: O b. Total No, of adult males served: Total No. of males served under 18: TOTAL: 0 TOTAL: 0 c. Total No, of families served: Total No. of female head of household: 6. What Is the total number of UNDUPLICATED clients served since 0ctotier, if applicable? a. Total number of adult females served 0 , 'Total number of females served under 18: 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: 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. 1PRESUMED.BENEFICIARY DATA 8. JOTH50 BENEFICIARY.DATA: INCOME RANGE Indicate the total number of UNDUPLICATED persons served since October 1 who fall into Indicate the total number of UNDUPLICATED persons 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: p . Abused Children 0 i Extremey low Income (0 -30%) O Homeless Person 0 :.Low Income (31 -50 %) p Battered Spouses 0 :; Moderate Income (51 -80%) 0 'F' Persons w/ HN /AIDS 0 ?'Above Moderate Income ( >80 %) p Elderly Persons 0 Veterans 0 Chronically/ Mentally ill 0, Physically Disabled Adults D:: Other -Youth TOTAL: 0 TOTAL: 0 r 4. Racial:& Ethnic: Data:" ifa licabte - - - 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 ; ofwhom, how many are Hispanic? Black/African American of whom, how many are Hispanic? Asian of whom, how many are Hispanic? American Indian/Alaska Native D ;0._:;; of whom, how many are Hispanic? Native Hawaiian/Other Pacific Islander 0 O :!; of whom, how many are Hispanic? American Indian /Alaskan Native & White of whom, how many are Hispanic? Black/African American &White of whom, how many are Hispanic? Am. Indian/Alaska Native & Black/African Am. 0 0 ,'; of whom, how many are Hispanic? Other Multi- racial D '0 `; of whom, how many are Hispanic? Other 0 of whom, how many are Htspanic7 TOTAL: 0 0 TOTAL HISPANIC Name: Title: Signature: Your typed name here represents your a ec rornc signature DLc CDBG CD14-07PS Conmtunity Access Administrative Services Program Page 37 of 41 Packet Page -2227- EXHIBIT "E" INCOME CERTIFICATION INSTRUCTIONS 9/23/2014 16. D.1. Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names —All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets l 2 3 4 5 6 7 8 Total Cash Value of Assets B(a) Total Income from Assets B(b) If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0 %) and enter results in B(c), otherwise leave blank. B(c) ot,c Cnnc CD14 -07rs Community Access Administrative Services Program Page 38 of 41 Packet Page -2228- i 9/23/2014 16.D.1. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, commissions, Asset bonuses, and Income overtime 1 (Enter the 2 greater of box B(b) or box B(c), 3 4 above, in box C(e) 5 G below) 7 8 (a) (b) (c) (d) (e) Totals 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. I /we 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) Adult Household Member (if applicable) o►.0 Cane Cn14-071'S Community Access Administrative Set �iccs Program Page 39 of 41 Packet Page -2229- Date Date 9/23/2014 16.D.1. E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is /are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: Very -Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Low - Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Moderate - Income (MOD) Household means and individual or family whose annual income does not exceed 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 / Ethnici ty By Age Native American Hawaiian or Oth 0— 26— 41— Indian Asian Black Other Pac. white er 62+ 25 40 61 Islander Hispanic Non- Hispanic NOTE: Information concerning the rate or ethnicio, of the occupants is being gathered fur statistical use only. No beneficiary is required to give such information he or she desires to do so, and refusal to give such information i +gill not affect any right he or she has to the CDBG program. DLC CDBG CD14 -071'S Community Access Administrative Services Program Page 40 of 41 Packet Page -2230- 9/23/2014 16.D.1. EXHIBIT "F" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Govemments, and Non -Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient 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 ❑ indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. ❑ We are not subject to the requirements of OMB Circular A -133 because we; ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. pi- Tinuings were noteu, pledbU UIKAUbt: a L.UIJY U1 LilC I =,IJJVIIMWa QIIU %,Wl.ca.uvc a+ L.WlI Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. DLC CDBG CDI4 -07PS Community Access Administrative Services Program Page 41 of 41 Packet Page -2231- 9/23/2014 16.D.1. Grant # - B- 11 -UC -12 -0016 B- 14 -UC -12 -0016 CFDA /CSFA# - 14.218 Subrecipient — Habitat for Humanity of Collier County, Inc. Agreement #CD14 -04 DUNS # - 080676690 IDIS 9483 FEID # - 59- 1834379 Fiscal Year End: 06/30 Monitor End: 09/2020 AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THIS AGREEMENT is made and entered into this day of , 2014, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Habitat for Humanity of Collier County, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florid ( "SUBRECIPIENT"), having its principal office at 11145 Tamiami Trail E, Naples, FL 34113. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan — One Year Action Plan for Federal Fiscal Year 2014 -2015 for the CDBG Program with Resolution 2014 -129 on June 24, 2014 — Agenda Item 16D8; and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the CDBG RE -ROOF 2014 PROJECT; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: HABITAT FOR HUMANITY CDBG CD14464 RE -ROOF Repair /Replacement Page I of 41 Packet Page -2232- 9/23/2014 16.D.1. 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 determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: SCOPE OF SERVICES FY2014 -2015 Action Plan identified and approved the Habitat for Humanity Re -Roof project. The project will provide the replacement/repair of a minimum of 22 roofs throughout Collier County. For the purposes of this agreement eligible applicants must meet the definition of the LMH (Low /Mod Housing). The SUBRECIPIENT will also ensure that a lien is placed on each CDBG assisted property for a period of no less than five (5) years from the completion of the each roof. Project Component l: Project Delivery The SUBRECIPIENT will perform application intake to screen for eligible program beneficiaries to include lien activities, environmental, inspection and other project compliance activities. Prospective applicants will be income qualified to ensure that they meet a CDBG National Objective and Income eligibility guidelines. The SUBRECIPIENT will evaluate prospective applications based on criteria as described within the CDBG application and in accordance with CDBG regulations, incorporated by reference. Project Component 2: Roof Repair /Replacement Rehabilitate and/or replacement of a minimum of twenty -two (22) roofs for low income homeowners. The project will ensure that the program beneficiary's roofs will be brought up to current roofing standards, shingle wind warranty of at least 130 mph, wind mitigation inspection, an underlayment to protect the dwelling from water intrusion, and all necessary items installed related to re- roofing or repair of the home. The project must conform to HHVS rehabilitation standards and current Florida building code. Specifically, improvements identified for funding are outlined in the Project Details Section 1.2. The detailed project scope will be contained in the contractors estimate, 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. HABITAT FOR HUMANITY CDBG CD14 -04 RE-ROOF Rep.WRep6cemenl Page 2 of 41 Packet Page -2233- 9/23/2014 16.D.1. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to HHVS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the SUBRECIPIENT's governing body within thirty (30) days of conveyance: 1. Affirmative Fair Housing Policy 2. Affirmative Action / Equal Opportunity Policy 3. Conflict of Interest Policy 4. Fraud 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 /Budget Roof Re air/Re lacement Federal Funds Project Component One: Project Delivery: as referenced in the scope of $20,000 services Project Component Two: Roof Repair/Replacement for a minimum of $220,000 22 Homes Funding costs will include but not limited to the following expenses: Fund the repair or replacement of a minimum of 22 roofs for low income homeowners as referenced in the scope of services Total: $240,000 The Subrecipient will accomplish the following project tasks: Project Tasks 1. Maintain and provide to the County resident income certification documentation (Exhibit E) 2. Provide quarterly reports on progress and national objectives (Exhibit C and D) HAWTAT FOR HUMANITY CDDG CD14 -04 RE-ROOF Repair/Replacement Page 3 of 41 Packet Page -2234- 9/23/2014 16.D.1. 3. Identify I.,ead Project Manager 4. Provide Specifications 5. Provide the exterior rehabilitation/replacement of roofs as approved by the County and identired in this agreement 6. Comply with Davis Bacon Labor Standards if applicable 7. Provide Certified Payroll weekly throughout construction and rehabilitation if applicable 8. Comply with Uniform Relocation Act (URA), if necessary 9. Ensure the five (5) year affordability /continued use period is met 10. Comply with Section 3 requirements 11. Comply with ERR requirements 12. Required attendance by Executive Management at quarterly partnership meetings, as requested B. National Objective The CDBG pro,ram. funds awarded to Collier County must benefit low- moderate income persons (LMI). As such, the SUBRECIPIENT shall be responsible for ensuring that all activities and beneficiaries meet the definition of Low Mod Housing (LMH). C. Project Outcome The SUBRECIPIENT will provide repair /replacement of a minimum of twenty -two (22) roofs - or low income homeowners. D. Perforrnance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Documentation Submission Schedule Special Grant Condition Policies (Section l .1) Policies as stated in this agreement Within thirty (30) days of Agreement Execution Creation and maintenance of income eligibility files on clients served Exhibit E Deliverable: Ongoing and to be reviewed during monitoring This funding will benefit a minimLi n of 22 homeowners Exhibit C and D ? Deliverable: Ongoing and evidenced by quarterly report and monitoring HABITAT FOR 14UMANITV CDBG C1114 -04 RE -ROOF Repair/Repiaccrocni Page 4 of 41 Packet Pape -2235- t, 9/23/2014 16.D.1. Quarterly Progress Reports Exhibit C & D Quarterly through 9/2015 and Payment —Su ortin Documents Submission Schedule annually thereafter until 2020 Financial and Compliance Audit Exhibit F Annually one hundred eighty supporting documents must be (180) days after FY end until The SUBRECIPIENT will perform provided as back up as evidenced 2020 Proof of Insurance Insurance Certificate Annually within 30 days of eligible program beneficiaries to checks /banking statements and renewal until 2020 Program Income Re -Use Plan Program Income Plan Document Annually through 09/2020 Continued Use Certification Continued Use Affidavit Annuail until 2020 E. Payment Deliverables The Following Table Details the Payment Deliverables HABITAT FOR HUMANITY L'DBG CDJ 4 -64 RE -ROOF Repairtileplacement Page 5 of 41 Packet Page -2236- PAYMENT DELIVERABLES Payment Deliverable Payment —Su ortin Documents Submission Schedule Project Component 1: Project Staff administration to include income qualification, submission of Submission of monthly invoices Delivery supporting documents must be The SUBRECIPIENT will perform provided as back up as evidenced application intake to screen for by timesheets, payroll, canceled eligible program beneficiaries to checks /banking statements and include lien activities, project activity logs envrionmental, inspection and other project compliance activities. Final 10% ($2,000) released upon Prospective applicants will be documentation of completion of a income qualified to ensure that they minimum of 22 roofs meet a CDBG National Objective. repaired/replaced, and a lien upon The SUBRECIPiENT will evaluate each property for a minimum of 5 prospective applications based on years, permit(s), and close out criteria as described within the CDBG application and CDBG regulations, incorporated by reference. Project Component Two: Roof Submission of supporting documents must be provided as Submission of monthly invoices Repair /Replacement Funding costs will include but not limited to the back up as evidenced by i.e. income following expenses: Rehabilitate certification, contractor invoice, and /or replacement of a minimum of proof of payment, bank statement, twenty -two (22) roofs for low canceled check(s), release of lien, income homeowners. The project certificate of occupancy, permit, will ensure that the program close and any additional documents beneficiary's roofs will be brought as needed up to current roofing standards, shingle wind warranty of at least 130 1 Final 10% ($22,000) released upon HABITAT FOR HUMANITY L'DBG CDJ 4 -64 RE -ROOF Repairtileplacement Page 5 of 41 Packet Page -2236- 9/23/2014 16.D.1. mph, wind mitigation inspection, an documentation /certification of underlayment to protect the dwelling completion, final waiver of lien and from water intrusion, and all a minimum of 22 households necessary items installed related to served, permit and close out re-roofing/repair of the home. 1.3 TIME OF PERFORMANCE Services of the Subrecipient shall start effective the date of the execution of this agreement and shall end on September 30, 2015. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available TWO HUNDRED AND FORTY THOUSAND DOLLARS AND NO CENTS ($240,000) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). Modifications to the `Budget and Scope" may only be made if approved in advance. 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 1. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the perfonnance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the tirne of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written authorization from the Grant Coordinator will not be reimbursed. HABITAT FOR HUMANITY CDBG CD14-04 RE -ROOF RepairlReplacentent Page 6 of 41 Packet Page -2237- 9/23/2014 16.D.1. The County Manager or designee may extend the teen of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A SUBRECIPIENT 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 SUBRECIPIENT in order for the County to remain compliant with its obligation to follow 24 CFR Part 85. The SUBRECIPIENT 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: Rasa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto :RosaMunozfa�CollierRov.net 239 -252 -5713 HAQITA "r FOR HUMANITY CDRG CD14 -04 RE -ROOF Repair /Replacement Page 7 of 41 Packet Page -2238- SUBRECIPIENT ATTENTION: Nick Kouloheras Executive V.P, of Land Development Habitat for Humanity of Collier County 11145 Tamiami Trail E. Naples, FL 34113 239 - 775 -0036 nkouloheras!u?ht'hcol lier.com PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 9/23/2014 16.D.1. 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 HABITAT FOR HUMANITY CD0G CD144W RE-ROOF Repair /Replacement Page 8 of 41 Packet Page -2239- , 9/23/2014 16.D.1. HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shalt be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and 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 Worl, Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The 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 detenninations as defined in 24 CFR 570.208, income certification, and written Agreements with beneficiaries, where applicable. HABnwr FOR HUMANITY CDBC CD 14-04 RE -ROOF RepairtReplacement Page 9 of 41 Packet Page -2240- 9/23/2014 16.D.1. H. SUBRECIPIENT shall provide the public with access to public records on the same to tins and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit F) to the COUNTY no Iater 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 HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this 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, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non - compliance is as follows: HABITAT FOR HUMANrrY CDBG CD14 -04 RE -ROOF Repair /Replacement Page 10 of 41 Packet Page -2241- 9/23/2014 16.D.1. 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 1.5 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non - compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. o The County may require upwards of five percent (5 9/6) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity maybe 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 pet-cent (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 ivith 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. HABITAT FOR HUMANITY CDBG CDIJ -04 RE-ROOF Repair /Repincetnent Page age I 1 of 41 Packet Page -2242- 9/23/2014 16.D.1. 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the I 01 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 Exhibits "C and W. Exhibits "C and D" contain 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 SUBRECIPIENT's revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. HARTTAT FOR HUMANITY CDBG CD14 -04 RGROOF Repair /Replacement Page 12 of 41 Packet Page -2243- 9/23/2014 16.D.1. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to confonn 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 HABITAT FOR HUMANITY CDBG CD14 -04 RE -ROOF Repair /Replacement Page 13 of 41 Packet Page -2244- 9/23/2014 16.D.1. by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 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 HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; HABITAT FOR HUMANITY CDBG CDI4 -04 Rr -ROOF Repair /Replaceinent Page 14 of 41 Packet Page -2245- 9/23/2014 16.D.1. B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). HABITAT FOR HUMANITY CDBG CD14 -04 RE -ROOF Repair/Replacement Page 15 of 41 Packet Page -2246- 9/23/2014 16.D.1. 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. 3.1.0 INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT'S are required to follow Federal Procurement regulations and Collier County's purchasing thresholds. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasine Threshold Policy Dollar Range ($) Quotes Under $3K I Written Quote $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid IFB) 3.13 PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The County may close out the project with the SUBRECIPIENT FIABrrAT FOR HUMANITY CDRG CU14 -04 RE -ROOF Repair /Replaceinent Page 16 of 41 Packet Page -2247- 9/23/2014 16.D.1. 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 terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBR.ECIPIENT 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 SUBRECI..PIENT 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 HABITAT FOR HUMANITY CDDG CD14 -04 RE-ROOF Repair /Replacement Page 17 of 41 Packet Page -2248- 9/23/2014 16.D.1. 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 Exhibits "C and D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 1I246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update /modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS HABITAT FOR HUMANITY CDRG CD14 -04 RE -ROOF RepaWR.1,1 —ment Page 18 of 41 Packet Page -2249- 9/23/2014 16.D.1. CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECI.PIENT shall comply with First Amendment Church /State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Remainder of Page Intentionally Left Blank HABITAT FOR HUMANITY CDBG C1314 -04 Rr-ROOF Repair /Replacement Page 19 of 41 Packet Page -2250- 9/23/2014 16.D.1. PART fV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program http://www.law.coi-nelf.edLI/Ci't-/text/24/J),iii-570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: httl)://www.ecfr.s,,ov/c�,)i-bin/text- idx?c=ecfr& tp I =/ecfi-b rowsefri tie 24/24cfr5 8 main 02.tp1 4.3 Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended http•/ /portal hud gov /liuciportal /1-11JD'1src= /program offices /fair housing equal opp /FH Laws /109 4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair Housing Act. http: / /vnvw hud gov/ offices /fheo /libraryAi iddoistatement.i2df E.O. 1 ] 063 — Equal Opportunity in Housing http/ /portal hud �Yov /hudportal /1-iUD9src =/ program offices /fair housing equal onp /M Laws /EXO 1 1063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http• /hvww archives gov /federal- reC7ister /codification /executive- order /l??59.)Zhnl 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.0, http://www.law.cornell.edu/cfr/text/24/pat-t-1 07 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VII1 of the Civil Rights Act of 1968 as amended http:/ /portal I1ud t,ov /hudpot-tal /H[JD?sre= /program offices /fair housint' equal onp /grog 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• // ww ,,L)o gov/fdsys/pkg/ CFR - 2007- title24- vol3 /pdf` /CFR- 2007- titie24 -vol3- secS70- 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• / /wN ,,�v eeoc eov /eeoc /Iiistory /35tH /tlielaw /eo -I 1246.html EO 11375 and 12086: see item #8 below 4.8 Title V11 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 HARn'AT FOR HUMANITY CDBG Cu14-04 RE -ROOF Repair /Replacement Page 20 of 41 Packet Page -2251- 9/23/2014 16. D.1. advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. http• / /wNww eeoc.Qov /laws /statutes /titlevii.efi-n 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 language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low - income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low - income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low - income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to business concerns that provide economic 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. HABITAT FOR HUMANITY CDBG CD14 -04 RE -ROOF RepairlReplacemenl Page 21 of 41 Packet Page -2252- 9/23/2014 16.D.1. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http / /ww�v,ecfr.r;ov/cgi- bin/ texi- idx? c= ecfr& tpl= /ecfrbrowse /Title24 /24efr135 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://www.dol.gov/oasai-n/i-egS/StatL[teS/ate act.htm 11063:httn'/ /portal bud L,ov /liudLortal /I- IUD ?src = /program off ices /fair housimy equal o pp /FHLaws /EXO 1 1063 11 246: htt13: / /www.eeoc.aov /eeoc /history /35th /thclaw /eo -i 1246.html 11375: Amended by EO 11478 11478: http•//www archives gov/ federal- register /codification /executive- order /1 1478.1itml 12107: http• / /�vww archives aov/ federal - register /codification /executive - order /12107.lit.ml 12086: littp•//www archives , ov /federal- reaist.er/ codification /executive- ardet- /12086,html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332. httP : / /usace,enaineerin�Tpalnnplets2 tpub com /EP- 1180 -1- I /EP- 1180- 1- 10012.htm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http: // www. epa.gov /civilri�lhts /sec504.htm 29 USC 776: http: // Iaw .onecle.com /uscocle/'29 /776.litmi 24 CFR 570. 614: http• //NN7m,w.law.cornell.edu /cfr /text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http: / /w,,\lw.fliwa.clot. Lyov /real estate /ua /i nclex.lit m 4.14 Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http: / /www.fliwa. dot .aov /realestate /ua /index.11ttn 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: / /wwNv.IaNv.cornell.edu /cfr /text/29 /path -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) litti)://www.law.coi-iiell.eC]LI/Cf'r/text/29/pALt-5 HABITAT FOR HUMANITY CDBG CD14 -04 RE-ROOF Repair(Repinceinent Page 22 of 41 Packet Page -2253- 9/23/2014 16.D.1. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. htt is / /www.presidencN/ ucsb edu /ws /index.php ?pid =2 )675 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 littp• / /wwvv mbd t.gov /nocie /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 are still applicable. 24 CFR 570.607: http: /hvw,w gpo gov /fcisys /al« /CFR - 2010- title24- vol3 /1)df /CFR -2010- title24- vol')-sec570- 608.pdf E.0.13279: http• / /fedgovcontracts .corn/pe02- 192.htm 4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1 988. htip://www.iicbi.nii-n.nili.gov/L)Ltbiiied/12289709 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: littp://www.law.coriiell.edu/cfr/text/24/part-84 Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT's; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENT's shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's shall follow 570.505; • 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 HABITAT FOR HUMANITY CUBG CD14 -04 RC -ROOF Repair/Replacement Page 23 of 41 Packet Page -2254- 9/23/2014 16.D.1. ■ 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), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be 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 84.7 1, 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.ecfi•.gov/cgi- bin /text- idx? c.= ecfrK tpl=/ eefrbrowse /Title24 /24cfr85_main_02.tu1 4.21 immigration Reform and Control Act of 1986 l ittp: Hw\�l� \..eeoc.(,Yov /eeoc /iiistory /35tH /tlielaw /ii- ca.litiii i 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 to any County employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. Florida Statutes - http: / /www.lawserver.com/ law / state /floricia /statutes /florida statutes chapter 112 part iii Collier County - http: / /bccsp0l /SiteDirectory /AS D/H R/ labor /CMAs/ Shared %20Documents /C. MA %20531 1. l %20Standards %20of. /o2OConduct.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. HABITAT FOR HUMANITY CDBG CD14 -04 RE -ROOD Repair/Replacement Page 24 of 41 Packet Page -2255- 9/23/2014 16.D.1. 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, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20"' 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. littp:H/ N,Nvw.tlsenate.gov /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. littL)://www.la\v,eoi-iiell.edLi/uscode/text/42/74-01 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http-,//www.law.corneI].eclu/tiscode/text/33/chapter-26 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: / /\v ww,ecfr.gov/cL;i- bin /text- idx ?c =ecfr& SID= eba4Obdb52822d8O827a48beed5bOb56 &rtJn =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.eef'r.gov/cai- bin /text- idx?c =ecfi-& SID= eba4Obdb.52822d8O827a48bced5 bOb56 &r�,,n= div8 &v iew= text &node =2 4:3.1.13.4.1 l . L9 &idno =24 11ABITAT FOR 1111MANITY CDBG CD 14-04 RE -ROOF Repair /Replacemeal Page 25 of 41 Packet Page -2256- 9/23/2014 16.D. I. 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' / /�'+w� ��'•tms.7ov /histo� /local- law /nhpa l 966.htm littp: / /v\,ww.ecfr.��,ov /cgi- bin /te:xt- idx? c= ecfi-& tpl= /ecl'rbrovvse /Title36 /36efi•800 main 02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http• / /wnvw np5 gov /Ilistory /local- la%v /nhpa 1966.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). http• / /us- codev[ex coin /vid /cirug- free- woi-knlac.e- requit-emetits- 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: / /wwvw.ecfr.lov /cgi- bin /tcxt- idx ?c =ecfi•& SID= eba4Obdb52822d80827a48bced5bOb56 &r� =n =div8 &view = text &node =2 4: 3.1.1.3.4.1 1.1.10& i d n o =24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 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 -I 10 for Administrative Requirements OMB Circular A87: http://Nkwvw.whitehouse.gov/oi-nb/circulai-s aO87 2004/ OMB Circular A]02:httL / /www.wliiteliouse..i�)ov /omb /circulars aIO2/ OMB Circular A2I:Ilttp• / /v {ww whitehouse.gov /omb /circulars a021 2004/ OMB Circular Al I0:http: / /www.whitehouse,Lov /omb /circulars al 10/ HABITAT FOR HUMANITY CDBG CD14 -04 RE -ROOF Repair /Replacement Page 26 of 41 Packet Page -2257- 9/23/2014 16.D.1. OMB Circular A122: http:HNkNvw.wliiteliouse.«ov /onib /circulars a 122 20041 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.xvliiiehouse.gov /ornb /circulars /al33 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs perfon-ned by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. lii.tk)://www.law.coi-iiell.edL[/Cfi-/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: / /Nvww.fhwa. dot. tyov /realestate /ua /index.litm http://w\vw,la\N,.coriiell.edu/cfr/text/49/24.1 01 http: / /cfr.v lex.com /vid /570 -505- use- real- prolerty- 19928754 4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http: / /wNvw.Iawsei-ver.com /law /state /florida /statutes /florida 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 HABI "1'AT FOR HUMANITY CDBG CD14 -04 R6 -ROOF Repair /Replacement Page 27 of 41 Packet Page -2258- 9/23/2014 16.D.1. Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENT's 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 littp: / /www.Iea.state.fl.tis/ Statutes /index.cfii?App mode = Display Statute&URL=0700- 0799/07 1 3 /0713. htm i 4.40 Florida Statutes 119.021 Records Retention http: //w ww,laNwsel-vcr.com /law /state /florida /statutes /florida statutes 1 19 -021 4.41 Florida Statutes, 119.071, Contracts and Public Records http: /hwlww.leg.state.fl.us /Statutes /index.cfm ?App mode = Display_ Statute &URL 0100 - 0199/0119/Sections/0 I 19.07.1itm1 (Signature Page to Follow) HABITAT FOR HUMANITY CDBC CD14 -04 RE -ROOF Repair /Replacement Page 28 of 41 Packet Page -22S9- 9/23/2014 16.D.1. IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTFST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E, BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk TOM HENNING, CHAIRMAN HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (SEAL) By. Nick Koulolieras, V-1). of Land Development �A 411 t Name and 'title tit Iriess 11 1 CSS RATORE Name and Title Approved as to form and legality: Jennifler A. Belpedio IV Assistant Count- 11 Attorney \ L 11ABITAT FOR 11UNIANITY CDRG CD14-04 REAMOF llepair/Replarement Page ?9 of 41 Packet Page -2260- 9/23/2014 16.D.1. PART V EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: I . Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE,) In addition to the insurance required in I — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) HABITAT FOR HUMANITY CDBG CD14 -04 RE -ROOF Repair /Replacement Page 30 of 41 i Packet Page -2261- 9/23/2014 16.D.1. or structure(s). The policy shall be in the name of Collier County and the S U BRECIPIENT. 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 PI-LASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. HABITAT FOR HUMANITY CUBG Cll14 -64 RE -ROOF RepairlReplaeement Page 31 of 41 Packet Page - 2262 -� 9/23/2014 16.D.1. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Habitat for Humanity of Collier County, Inc. Sub recipient Mailing Address: 11 145 Tamiami Trail E, Naples, FL 34113 Project Name: Re- Roofing Project Agreement No: CD 14-04 Payment Request # Total Payment Minus Retainage: $ Period of Availability: — through Period for which Agency has incurred indebtedness: through 7, Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Grant Coordinator Supervisor Dept Director Date Grant Accountant (approval required $15,000 and above) (approval required $15,000 and above) HABITAT FOR HUMANITY CDBG CD14 -04 RE -ROOF RepairiReplaemenl Page 32 of 41 Packet Page - 2263 - SECTION H: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. 10% Retainage Amount Withheld 7, Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Grant Coordinator Supervisor Dept Director Date Grant Accountant (approval required $15,000 and above) (approval required $15,000 and above) HABITAT FOR HUMANITY CDBG CD14 -04 RE -ROOF RepairiReplaemenl Page 32 of 41 Packet Page - 2263 - EXHIBIT "C" REPORTING SCHEDULE 9/23/2014 16.D.1. 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 1"— December 3151 January 100' Januar y 3 l 5` — March 31st Ari l 10 ' April V" —June 30' July10` Jul I" — September 30" October 10`' Date Submitted: Activity Reporting Period: Contact Person: Telephone: SUBRECIPIENT AGREEMENT ROOF REPLACEMENT PROJECT 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? HABITAT FOR HUMANITY CDBG CD14-04 RE -ROOF Repair /Replacement Page 33 of 41 Packet Page - 2264 - Ji 9/23/2014 16.D.1. 3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay. ACTIVI'T'Y 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 White No. Projects Complete No. Properties Demolished No. Properties Sold Asian TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. Household Data ..:::This :Re ortin `Period No. Extremely-Low Income Households (0 -30% AMI) White No. Very-Low Income Households (31 -50% AMI) No. Low - Income Households (51 -80% AMI) No. Moderate - Income Households (81-120% AMI) Asian 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 HABITAT FOR HUMANITY CDBG CD14 -04 RE -ROOF Repair /Replacemmnl Page 34 of 41 Packet Page -2265- EXHIBIT "D" QUARTERLY PERFORMANCE REPORT DATA G_FNEIZ_ AL 9/23/2014 16.D.1. Grantee is required to submit to HUD, through the Integrated Disbursement and Information System ( "IDIS ") Performance Reports, The County rcports 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: Project Title: CC!BG_ en l�ooi�ng'PiofeGt Program Contact: Nick ICtiulgleras r s 1W Telephone Number. 239775 00.36 Alternate xU Y { Contactt?htaGbil , 'REPORT FOR QUARTER ENDING: (check one that applies to the . corresponding grant period): ❑ 12!31114 ;;p3130715 ;006130115 '�,{ 09/30115 Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date. 0 .. .,,. .... ..: ... .. r 'n. 1 Please. l(st the outcome goals) from your approved application &sub_ recipfehf agreement and indlcaie your progress in 3neettng, !hose goals since the begihning of the 'agreementJ ` B. Goal Progress: Indicate the progress to date in meeting each outcome goal. I AHITAT POR HUMANITY CDHG C:D144u4 R( -ROOT Repair/Replacement Page 35 of 41 Packet Page -2266- DO- 9/23/2014 16.D.1. 2. 3. Is this project still in compliance with the original project schedule? If more than 2 months behind schedule, must submit a new timeline for approval. Yes No It no, explain: Since agreement execution, of the persons assisted, how many.... a. ...now have new access (continuing) to this service or benefit? 'Or! b. ...now has improved access to this service or benefit? 0i'f C. ... now receive a service or benefit that is no longer substandard? 4. What funding sources are applied for this period 1 program +ear? Section 108 Loan Guarantee HOPWA '- Other Consolidated Plan Funds CDBG Other Federal Funds ESG r State / Local Funds HOME Total $ Entitlement $ Total Other Funds Funds HABITAT FOR HUMANrry CDBG CD 14-04 RE-ROOF Repair /Replacement Page 36 of 41 Packet Page - 2267 - �-1` 9/23/2014 16.D.1. 5. What Is the total number of UNDUPLICATED clients served this quarter, if applicable? O.:,tl'::Homeless a. Total No. of adult females served; 0 :: '...Total No. of females served under 18; Persons wl HIV/AIDS b. Total No. of adult males served: 0 Totai No. of mates served under 18: 0 Mentally ill TOTAL: 0 TOTAL: 0 C. Total No, of families served: U :.::'c::Total No. of female head of household: s, What is the total number of UNDUPLICATED clients sery ed s-mce 0etober, if applicable? a. Total number of adult females served D :" Total number of females served under 18: O - b. Total number of adult males served: 0. `:' ':.Total number of mates served under 18: TOTAL: 0 TOTAL: 0 C. Total No, of families served: rTotal 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 S. 7, 1PRESUMED BENEFICIARY DATA: 7.7,77 ' ' '8 OTHE KBE NEFICIARYIDATA., INCOME RANGE Indicate the total number of UNDL�PtJCATFD persons served since October 1 who fall into Indicate the total number of 111VO"PLICATEO persons 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: ' 0.;p`:: ::',Abused Children O.:,tl'::Homeless Person 0.. '.,Battered Spouses American Indian /Alaska Native Persons wl HIV/AIDS U Elderly Persons 0 Veterans 0 Mentally ill t)... ::.';iPhysically Disabled Adults O :_!' Other -Youth Report as: Extremely low Income (0 -30 %) 0,'..' :Low Income (31 -50 %) 0„ .;::Moderate Income (51 -80 %) ?0 ` Above Moderate Income ( >80 %) TOTAL: 0 TOTAL: 0 9. Raciat , Ethnic Data:. :' Qfapplicable 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). RAC E ETHNICITY White.,:.. of whom, how many are Hispanic? Black/African American 0 .:` Asian 0 American Indian /Alaska Native 0 Native Hawaiian/Other Pacific Islander 0 American Indian /Alaskan Native & White 0 Zf: ` Black/African American & White 0 Am. Indian/Alaska Native & Black/African Am. of whom, how many are Hispanic? Other Multi - racial 0%1.:: Other 0 TOTAL: 0 Name: Title: HABITAT FOR HtiMANITY CDBC CD14-04 RE -ROOF Repair /Replacement Page 37 of 41 Signature: Your typed name here represents your a ec romc signature Packet Page -2268- ( i of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? 0 ; of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? 0 TOTAL HISPANIC HABITAT FOR HtiMANITY CDBC CD14-04 RE -ROOF Repair /Replacement Page 37 of 41 Signature: Your typed name here represents your a ec romc signature Packet Page -2268- ( i EXHIBIT "E" INCOME CERTIFICATION INSTRUCTIONS 9/23/2014 16.D.1. Complete form, and retain appropriate supporting documentation, prior to providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 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) iiABrrA'r FOR HUMAN [TY CDBC; CD14 -04 RE -ROOF RepairlReplacemew Page 38 of 41 Packet Page -2269- L\ � 1 9/23/2014 16.D.1. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, commissions, Asset bonuses, and Income overtime ) (Enter the I greater of 2 box 13(b) or box B(c), 3 4 above, in 5 box C(e) 6 below) 7 8 (a) (b) (c) (d) (e) Totals 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. I /we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I /we certify that the statements are true and complete to the best of my /our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co -Head of Household Date Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) HABITAT FOR HUMANITY CDBG CDI4 -04 RE -ROOF Repair/Replacement Page 39 of 41 Packet Page -2270- Date 9/23/2014 16.D.1. L. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is /are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: Very -Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Low - Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ }. Moderate - Income (MOD) Household means and individual or family whose annual income does not exceed 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 Oth 0— 26— 41 — Indian Asian Black Other Pac. White er 25 40 6I 62+ Islander Hispanic Non - His panic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered.for statistical use only. No beneficia/y is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. HABITAT FOR HUMANITY CDBG CD14 -04 RE -ROOF Repair /Replacement Page 40 of 41 Packet Page -2271- 9/23/2014 16.D.1. EXHIBIT "F" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Governments, and Non -Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient Name Fiscal Year Period Total State Financial Assistance Expended during $ most recent) completed Fiscal Year Total Federal Financial Assistance Expended during most $ -recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and mana ement letter. ❑ We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above ❑ Are exempt for other reasons — explain An audited financial statement �s attached and if applicable, the independent auditor's management letter. to iinurn s were noteu, piease enclose a copy or ine responses ana corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. HABITAT FOR HUMANITY CUBC CU14 -04 R&ROOF Repair /Replacement Page 41 of 41 Packet Page -2272- 9/23/2014 16.D.1. Grant # - B- 14- UC- 12- 001.Gu+ Y -��- CFDA/CSFA# - 14.218 Subrecipient — Legal Aid Service of Collier Count), Agreement #CDI4 -06PS DUNS # - 844481478 IDIS #485 FEID # - 59- 1547191 Fiscal Year End: 12/3). Monitor End: 09/2015 AGREEMENT BETWEEN COLLIER COUNTY AND LEGAL AIT) SERVICE OF COLLIER COUN'T'Y THIS AGREEMENT is made and entered into this day of , 201.4, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 F. Tamiami Trail, Naples FI., 34112, and the "Legal Aid Service of Broward County, Inc. d /b /a Legal Aid Service of Collier County ", a private not - for - profit corporation existing under the laws of the State of Florida ( "Subrecipient "), having its principal office at 4125 East Tarniami Trail, Naples, FL 341.12. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan -- One Year Action Plan for Federal Fiscal Year 2014 -2015 for the CDBG Program with Resolution 2014 -1.29 on June 24, 2014 . — Agenda Item 1.6D8; and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the CDBG LEGAL SUPPORT PROJECT; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Legal Aid of Collier County cmG cnl4 -uta's PU15LII, NH?VIUL_S LEGAL SERVICES TO %ICTINIS Page I of 40 Packet Page -2273- 9/23/2014 16.D.1. 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 determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: SCOPE OF SERVICES FY2014 -2015 Action PIan identified and approved the Public Services Project to Legal Aid Service of Collier County as follows: Proiect Component One: Funding costs will include but not limited to the following expenses: Fund 1. Full Time (FT) Attorney, 1 Part Time (PT) Attorney, and 1 Full Time (FT) Paralegal to provide legal services to victims of domestic violence, sexual assault, dating violence, repeat violence, child abuse, elder abuse, and other abuses. An outreach component that will promote community safety through education and public outreach events and seminars in Collier County. Items identified for funding are outlined in the PROJECT DETAILS in Sectionl.2. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty (30) days of conveyance: 1. Affinnative Fair Housing Policy -N /A 2. Affirmative Action/ Equal Opportunity Policy 3. Conflict of Interest Policy 4. Fraud Policy 5. Equal Opportunity Policy 6. Procurement Policy -N /A 7. Residential Anti - displacement and Relocation Policy -N /A 8. Sexual Harassment Policy Legal Aid of Collier County CDBG CD14 -061'S PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 2 of 40 Packet Page -2274- 9/23/2014 16.D.1. 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) -N /A 10. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, m amended (29 U.S.C. 794) 1.2 P> OSECT DETAILS A. Project Description/Budget Public Services Federal Funds _ Project Corrrnonerd Otte: Funding costs will include but not limited to $72,100 the following expenses: I FT Attorney, I PT Attorney, and 1 FT Paralegal to provide legal services to viclints of domestic violence, sexual assault, dating violence, repeat violence, child 1buse, elder abuse, and other abuses, An outreach component that will promote community safety through education and public outreach events and seminars throughout Collier County. Total: $72,100 The Subrecipient will accomplish the following project tasks: Project Tasks 1. Maintain and provide to the County resident income certification documentation (Exhibit F.,) 2. Provide quarterly reports on progress and national objectives 3. Client Qualifier list with unique identifier evidencing 166 served 4. Provide copy of outreach materials and schedule /agencia for seminars /events 5. Required attendance by Executive Management at quarterly partnership meetings, as requested B. National Objective The CDBG program funds awarded to Collier County mustt benefit low - moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of Low Mod Clientele (LMC) or presumed Low Mod Clientele (LMC). C. Project Outcome The Subrecipient will provide legal services to a minimum of (166) victims of domestic violence and other abuses, Legal Aid of Collier CountyCDnG CD14 -06I'S PtinLIC SERVICES LEGAL SERVICES T(/ VICTIMS Page 3 of 40 9 Packet Page -2275- 9/23/2014 16.D.1. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Submission Schedule Documentation Documents Special Grant Condition Policies Policies as stated in this Within thirty (30) days of (Section 1.1) agreement Agreement Execution Creation and maintenance of income Exhibit E Deliverable: Ongoing and to eligibility or presumed eligibility files Attorney, 1 PT Attorney, and 1 FT be reviewed during on clients served Paralegal to provide legal services monitoring This funding will benefit a minimum Exhibit C & D Deliverable: Ongoing and of 166 low - moderate income sexual assault, dating violence, evidenced by quarterly report individuals in Collier_County repeat violence, child abuse, elder and monitoring Quarterly Progress Reports Exhibit C & D Quarterly through 9/2015 Financial and Compliance Audit Exhibit F Annually one hundred eighty 180 days after FY end Proof of Insurance Insurance Certificate Annually within 30 days of education and public outreach renewal Program Income Re -Use Plan Program Income Plan Document Annually through 09/2015 E. Payment Deliverables The Following Table Details the Payment Deliverables PAYMEW DELIVERABLES Payment Deliverable Payment — Supporting Submission Schedule Documents Project Component One: Funding Submission of supporting Submission of monthly costs will include but not limited to documents must be provided as invoices- Exhibit B the following expenses: 1 FT back up as evidenced by i.e. time Attorney, 1 PT Attorney, and 1 FT sheets, payroll registers, banking Paralegal to provide legal services documents, and any additional to victims of domestic violence, documents as needed sexual assault, dating violence, repeat violence, child abuse, elder Final 10% ($7,210) released upon abuse, and other abuses. An documentation of a minimum of outreach component that will 166 persons served and evidence of 2 outreach seminar /events promote community safety through education and public outreach Legal Aid of Collier County CnBG CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 4 of 40 Packet Page -2276- 9/23/2014 16.D.1. events and seminars. 1.3 TIME OF PERFORMANCE Services of the Subrecipient shall start February 1, 2015 and shall end on September 30, 2015. 1.4 AGREEMENT AMOUNT The Subrecipient is awarded a total of SEVENTY TWO THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($72,100.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with board approval. All improvements specified in Section I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reirnburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks and deliverables as accepted and approved by HHVS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the terin of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written 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 Legal Aid of Collier County CDBG CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 5 of 40 Packet Page -2277- ? 9/23/2014 16.D.1. authorized in writing by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced above. The Grantee must provide adequate documentation for validating costs incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit Organizations. Allowable costs incurred by procured private contractors shall be in compliance with 48 CFR Part 31. Contract Cost Principles and Procedures. A SUBRECIPIENT 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 SUBRECIPIENT in order for the County to remain compliant with its obligation to follow 24 CFR Part 85. The SUBRECIPIENT 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: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:ROsaMLInOZ(il ?Cal l iemov,net 239 - 252 -5713 SUBRECIPIENT ATTENTION: Jeff Ahren, Director of Development Legal Aid of Collier County CDBG CD 14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 6 of 40 Packet Page -2278- !.' Carol A. O'Callaghan Legal Aid Service of Collier County 4125 Tamiami Trail East Naples, FL 34112 maiIto:iahren @,legaIaid.org coca llat?han(u,LegalAid.org 239 - 298 -8130 239 - 298 -8135 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 9/23/2014 16.D.1. 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 HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, Legal Aid of Collier County CDBG CD 14 -06PS PUBLIC; SERVICES LEGAL SERVICES TO VICTIMS Page 7 of 40 Packet Page - 2279 - (`" 9/23/2014 16.D.1. which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The 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 Legal Aid or Collier County CusG CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 8 of 40 Packet Page -2280- 9/23/2014 16.D.1. same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit F) to the COUNTY no later than one hundred eighty (180) days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or .HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the 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, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non - compliance is as follows: Legal Aid of Collier County CDBG CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 9 of 40 Packet Page -2281- f 9/23/2014 16.D.1. 1. Initial non - compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non - compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. 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 Legal Aid of Collier County CnnG Cu14 -06PS PURLIC SERVICES UGAL SERVICESTO VICTIMS Page 10 of 40 Packet Page - 2282 - 9/23/2014 16.D.1. 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 Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10`l' 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 Exhibits "C and W. Exhibits "C and W contain 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 SUBRECIPTENT 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 SUBRECIPTENT's revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The Legal Aid of Collier County CDBC CD14 -061'S PUBLIC SERVICES LEGAL SERVICES To VIMNIS Page 11 of 40 Packet Page -2283- 9/23/2014 16.D.1. SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, fife 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 Legal Aid of Collier County CDBG CD14 -06PS PUBLIC SERVICES LEGAL SERVICES'ro vim ms Page 12 of 40 Packet Page -2284- 9/23/2014 16.D.1. 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, darnages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an inde►nnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of tennination 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 HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Legal Aid of Collier County CDBG CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 13 of 40 Packet Page -2285- 9/23/2014 16.D.1. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper rnanner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: 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 CPR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Tenninate 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. Legal Aid of Collier County CDBC CD 14-061's PUBUIC SERVICES LEGAL SERVICESroVICTIMS Page 14 of 40 Packet Page -2286- 9/23/2014 16.D.1. 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. S70.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.1.0 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 Pail 85), and the federal regulations for the Conununity Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT's are required to follow Federal Procurement regulations and Collier County's purchasing thresholds. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range( $ Quotes Under $3K I Written Quote $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) invitation for Bid (IFB) 3.13 PROGRAM - GENERATED INCOME Legal Aid of Collier CouDty CDBG CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 15 of 40 Packet Page -2287- 9/23/2014 16.D.1. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The County may close out the project with the SUBRECIPIENT after the five (5) year period has been met. Activities during this closeout period shall include, but not be limited to: 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 SUBRECIP[.ENT 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 tenns and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS ENTERPRISES 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 Legal Aid ot'Collier County eDBG C.07 a -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 16 of 40 Packet Page -2288- __ 9/23/2014 16.D.1. 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 Exhibits "C and D" of this Agreement. 3.15 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update /modification. 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 perfonnance 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 CPR 570.611 "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person Legal Aid of Collier County CnnG Cnla -o6Ns PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 17 of 40 Packet Page -2289- ' ;f 9/23/2014 16.D.1. or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 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 570.2006). The SUBRECIPIENT shall comply with First Amendment Church /State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 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. Remainder of Page Intentionally Left Blank Legal Aid of Collier County CDSC CD 14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 18 of 40 Packet Page -2290- �' 9/23/2014 16.D.1. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program htip: / /Nvw��l.law .co1•nell.eciu /cfr /text /24 /pa1•t -570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: li gp: / /www.ecf -.,ov/cgi- bin /text- idx? c= ecfr& tpl= /ecfrbrowse /l'itle24 /24ef:r58 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. llud. 9ov/ hiIdporta l /I-ILJD ?src= /r)rottram offices /fair housing -equal opp /FFI Laws /109 4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair Housing Act. llttp; / / " ,Nvw.hud.gov /offices /flico /library /huddoistatelneiit.pdf E.O. 1 1063 —Equal Opportunity in Housing http: // portal. llud .uov /hudportal /14LJD ?st•c— /program offices /fair housing equal opp /FI -I L.,aws /EXO 1 1063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http : / /www.ai-ch ives.�ov /federal - register /cod i fication /executive - order /12259.htmi 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http: / /www.law.cornell.edu /cfr /text/24 /part -107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of I968 as amended htti): / /i)oi-tal.hud.!,ov/ hudportal /HUD ?si -c= /pro�,,ram offices /fair housing equal app / dese /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. Lrpo.gov /fdsys /pk>7 /CFR- 2007- titie24- vo13 /pdt`/C FR- 2007- title24 -vo13- 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: Itttp: / /NA,ww.ceoc.,4ov /eec)c /History /35th /thelaA,/eo -I 1246.html EO 11375 and 12086: see item #8 below Legal Aid of Collier County CDBG C D14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VIM. NIS Page 19 of 40 Packet Page -2291- 9/23/2014 16.D.1. 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 Affirtnative Action employer. http://Nvw\v.eeoc.gov/[-,i\vs/st,,itutes/titlevii.efiii 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 SUBRECTPIENT's Sub - recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as arnended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low - income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low - income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low - income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to business concerns that provide Legal Aid of Collier County CDBG CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 20 of 40 Packet Page -2292- 9/23/2014 16.D.1. 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: / /tNNvw.ecfr.gov /cgi bin/ text- idx? c= ecfi- &tpl= /ecfi-browse /'fitle24 /24efr135 main 02.tp1 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.aov/oasaiii/i-es,,s/statLItes/tlge act.htm 11063:http://portal.hud.gov/liudl2ortat/Ffl.JD'?src=/pi-ograni offices /fair housing equal o pp /F 1 -1 Laws /1~ XO 1 1063 11246: litti)://www.eeoc,<,,ov/eeoc/Ilistot-y/35tli/tlielaw/eo-I 1246.html 11375: Amended by EO 11478 11478: http:/ /www archives gov /federal - register /codification /executive- order /I 1478.html 12107: httl):/ /www archives gov /federal- register./ codification /executive - order• /12107.html 12086: http•//www archives ,,Ov/ Federal - register /coditic. ation /executive- order /] 2086.html 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332. httl2 ' / /usaceengineerin�,ypampets2 tpub com /EP- 1180 -1 -1 /EP -1 180- 1- 10012.1itm 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: littp•/ /www epa #,ov /civilriLIits /sec5O4.htm 29 USC 776: http•/ /law onecle eom /uscode /29/776.litmi 24 CFR 570.614: littp://\Nfx.Nr\v.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990 http://N,vNAr\,v.fliwa.clot.gov/realestate/u,,l/iiidex.litni 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. littp://www.fliwa.dot.gov/realestate/Liti/index.litm 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..Iaw.cornell.edu/cfr/text/29/L)art-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) Legal Aid of Collier County CDBG CDId -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 21 of 40 Packet Page -2293- 9/23/2014 16.D.1. littp: / /ww4v.law.cot-neI l.edu /cfr /text/29 /pail -55 Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http :H\vww. presidency .ucsb.edu /xvs /index.p}hp ?I)icl =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: //Nvwiv.mbda.gov /node /333 I-IUD Circular Letter 79 -45: No reference found 4.17 The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non- discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: littp : / /www.!Ipo.lrov /fdsys/p1:g /CFR - 2010- title24- vo1) /3)df /CFR -2010- title24- vol3- sec570- 608.pd1' E.O. 13279: httli://fedgovcoilti'acts.com/12eO2-192.liti-n 4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988. . ltttp:/ /www,.iicbi.titm.iiih.s;ov /pubmed/ 12289709 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 : / /ww•w.law.cornell.edLI/C.fi• /text /24/pai-t -84 Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Fortes for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT's; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENT's shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's shall follow 570.505; • Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: Legal Aid of Collier County cDaG CD1416PS PtMIJC SERVICES LEGAL SERVICES TO VICI'1MS Page 22 of 40 1 Packet Page -2294- r' 9/23/2014 16.D.1. • 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; • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • 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 perfon-nance 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; • 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 84.7 1, 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.eefr.Gov/cgi- bin /text- idx? c= ccfi-& tpl= /ecfrbrowse /Title24 /24cfi•85 main 02.1n1 4.21 Immigration Reform and Control Act of 1986 http: / /ww\N!.eeoc.,,ov /eeoe /h istory /35tH /tlielaw /irca.litni l 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 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 - littp: / /w«w,lativserver.com /law /state /norida /statutes /florida statutes chapter 112 part iii Collier County - http: //bccsp01 /SiteDirectory /ASD /l-IR /labor /CMAs/ Shared %20Docunients /CMA %20531 1.1 %20Standards %20ot %2OConduct.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 Legal Aid of Collier County CDBC cD» -o6rs PUBLIC SERVICES LEGAL SERVICES'ro viurIMs Page 23 of 40 Packet Page -2295- 9/23/2014 16.D.1. 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 court's 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, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20t" 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. littli://-,\iww.flseiiate.gov/l-a\vs/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: / /wv`nv.la\v.cornell.edu /uscode /text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http: / /www.law.cornell.edLI/uscode /text /33 /chapter -26 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://wvvw.eefr.gc)v/cLi- bin /text- idx?c= ecfr& SiD= eba4Obdb528 22d80827a48bced5bOb56&r!Zn =div8 &view =text &node =2 4:3.1.1.3.4.1 l .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- Legal Aid of Collier County CDBG CDI4 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 24 of 40 Packet Page -2296- 9/23/2014 16.D.1. Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. http: / /Nv\vw.ecfr.ttov /cgi- bin /text- idx' ?c= ecfi• &S ID= eba40bdb52822d80827 a48beec15bOb56 &rtrn= div8 &v iew= text &]xuie =2 4 :3.1. l . 3.4. l 1.1.96 d no =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 CPR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. httn: / /www,nd.s.tov /liistorN /local- law /nhpa l 966.htm htt p: / /N"v«v.ecl'r. €,ov/cgi- bin /text- idx? c= ecfr& t► p1= /ecfi•browse /Titie36 /36cfi-800 main 02,tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. httn: / /yvww.nps,gov/ history /local- Ia\N, /nhpa I966.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). httn: / /us- cocle.vIex.com /vicl /drug -free- workplace -requ ireinents- 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.ecfr. aov/cai- bin /text- idYVc =ecfr& SID= eba4Obdb52822d80827a48bced5bOb56 &rgn =div8 &view = text &node =2_ 4:3.1.1.3.4.11.1.10 &idno =24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 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 Legal Aid of Collier County CDSG CD14 -OOPS PUBLIC SERV ICES LEGAL SERVICES TO VICTIMS Page 25 of 40 /.i � .} Packet Page -2297- 9/23/2014 16.D. I. • A -] 10 for Administrative Requirements OMB Circular A87: http : / /Www.Whitehouse.aov /omb /circultu•s a087 2004/ OMB Circular A]02: http: / /\vww.wliiteliouse.�.,,ov /oinb /circulars al02/ OMB Circular A21:Iittp: / /www.wllitehouse.gov /omb /circulars a021 2004/ OMBCii-cularAIIO:IittLi://www.whitCIIOL)qe.gov/oiiib/circulat-s al 10/ OMB Circular A122: http: / /www.wliiteliouse.�-,ov /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.wliitehOLIsC,BOV/011lb/cii-cLilat-s/al33 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. liq)://www.law.coi-tiell.edLi/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-.i *hwa, clot .gov /realestate /ua /index.lhtm http: / /www.lak,.cornell.edLi/cft• /text /49/24.101 littp: / /cfr.vlex.com /vid /570 -505- use -real- property - 19928754 4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http: / /N,�,,Anv.1awserver.com /law/ state /florida /statutes /floi-ida 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 Legal Aid of Collier County CDBG CD14 -06PS PUBLIC: SERVICES LEGAL SERVICES TO VICfINIS Page 26 of 40 Packet Page - 2298 -j 9/23/2014 16.D.1. an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENT's 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: /hvnv,Al.Icg.state.il.tls /Statutes /index.cfm ?App mocle= Display Statute&URL=0700- 0799/0713/0713.html 4.40 Florida Statutes 119.021 Records Retention http : / /wwNv.lawserver.com /law /state /florida /statutes /florida statutes 119 -021 4.41 Florida Statutes, 119.071, Contracts and Public Records http : //www.le,,�.state.tl.us/ Statutes /inctex.ef-n?App mode = Display Statute&URL=0100- 0199/01 19 /Sections /01 19.07.htm I (Signature Page to Follow) Legal Aid of Collier County CDBG CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 27 of 40 Packet Page -2299- �. 9/23/2014 16.D.1. IN WITNESS WHEREOF, the SUBRECI.PIENT 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 TOM HENNING, CHAIRMAN Dated: (SEAL) 'tn�ss Janina Evans /Executive Assistant Name and Title Legal Aid Service of Broward County, Inc, d /b /a Lega Service of Ilier unty y: nt ony J. Oa, Esq., Executive Director .�rtness v Joseph G. Majoros /F'scal Administrator Name and Title Approved as to form and legality: Jennifer A. Belpedio +— Assistant County Attorney p a i 7 �� Legal Aid of Collier County cimc CV14 -06PS PUBLIC SERVICES LEGAL SERVICESTO vic'rIMS Page 28 of 40 Packet Page -2300- Em I il- 9/23/2014 16.D.1. PART V EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DFSTGN STAGE (IF APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$ 1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (1F APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) Legal Aid of Collier County CDBG CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 29 of 40 Packet Page -2301- �''' 9/23/2014 16.D.1. 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 Iocated 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 (1F APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (1.00 %) 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 st►ucture(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. Legal Aid of Collier County cm; CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 30 of 40 Packet Page -2302- 9/23/2014 16.D.1. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Sub recipient Name: Legal Aid Set-vice of Broward County, Inc. d/b /a Legal Aid Service of Collier County Sub recipient Mailing Address: 4125 Tamiami Trail East, Naples, FL 34112___ Project Name: Legal Services to Victims (LSTV) _ Agreement No: CD 14 -06PS Payment Request # Total Payment Minus Retainage: Period of Availability: through Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. 10% Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Grant Coordinator Supervisor Dept Director _ Legal Aid Of Collier County CuBG CU14 -06PS PUBLIC SERV ICES LEGAL SERVICLS TO VICTIMS Signature Title Date Grant Accountant (approval authority over $14,999) (approval required $15,000 and above) Page 31 of 40 Packet Page -2303- i 9/23/2014 16.D.1. EXHIBIT "C" REPORTING SCHEDULE The SUBRECIPIENT shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October i" — December 31 "' Janual 10` January 31" — March 31 F` Aril 10` April 1" —June 30" July 10" Jul 1" — September 30" October 100' SUBRECIPIENT AGREEMENT LEGAL SERVICES TO VICTIMS 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? 3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay. Legal Aid of Collier County CDBG CDId -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 32 of 40 Packet Page - 2304 - '`� 9/23/2014 16.D.1. 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 `Period No. Active Projects White No. Projects Com lete No. Properties Demolished No. Properties Sold Asian TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. Household Data This Re orting Period No. Extremely-Low Income Households 0 -30% AMI White No. Very-Low Income Households (31 -50% AMI No. Low - Income Households (51 -80% AM[) No. Moderate - Income Households (81 -120% AMI) Asian No. Female Head of Households TOTAL RACE AND ETHNICITY BENEFICIARIES Race _ Total No..His anic : ; 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/Afirican American and White American Indian /Alaskan Native and Black/African American Other Multi- Racial TOTAL Legal Aid of Collier County CDoG CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VIMMS Page 33 of 40 Packet Page -2305- ;' j EXHIBIT "D" QUARTERLY PERFORMANCE REPORT DATA GENERAL 9/23/2014 16.D.1. 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 f egalAtd Sevice of l3roward Collier County tnc d!b!a Legal P,id Seivice of r;oltter Agency Name: County Date Project Title: 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 inmeetmg those goals since the beginning of the agreement Legal Aid of Collier County CnsG cnia -ocrs PUBLIC SERVICES LEGAL SERVICESTO VIMMS Page 34 of 40 Packet Page -2306- 9/23/2014 16.D.1. 2. 43 Is this project still In compliance with the orlginai project scheduleTlf more than ,2 months behind schedule, must submit anew, `r` timeline for approval: Yes No If no, explain: Since October 1, 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? Q TOTAL: 0 4. What funding sources are applied for this period / program earl Section 108 Loan Guarantee HOPWA $ i$ Other Consolidated Plan Funds CDBG - Other Federal Funds ESG State I Local Funds HOME :- Total $ Entitlement $ Total Other Funds Funds - Legal Aid of Collier County CDBG CB14 -o6PS PUBLIC SERVICES LEGAL SERVICES TOVICTIMS Page 35 of 40 Packet Page -2307- 9/23/2014 16.D.1. 6. 1 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: 6. What is the total number of UNDUPLICATED clients served since October, if a licable? a. Total number of adult females served 0.', Total number of females served under 18: O b. Total number of adult males served: 0:'.:' .:. Total number of males served under 18: TOTAL: O TOTAL: 0 C. Total No. of families served: D Total No. of female head of household: Complete EITHER question #7 OR #8. Complete question 07 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 DAT— 8. JOTHER BENEFICIARY DATA: INCOME 'RANGE Indicate the total number of UNn lP ICA TED Indicate the total number of lF T A D persons persons served since October 1 who fall Into f served sinew October 1 who fall Into each income each presumed benefit category (the total category (the total should equal the total +» question #6) should equal the total in question 96): Report as: Report as: 0 ::;::)Nbused Children 0 :'Extremely low Income (0 -30 %) 0 Homeless Person 0 `.:Low Income (31 -50 %) 0 sBattered Spouses 0 ' Moderate Income (51 -80 %) 0 Persons w/ HIV /AIDS 0 `Above Moderate Income ( >80 %) Elderly Persons Veterans O Chronically/ Mentally ill 0 Physicaly Disabled Adults 0 Other -Youth TOTAL: 0 TOTAL: 0 I s. Racial& Ethnic Data: (Ifa pllcable) 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/AfricanAmerican D.; 0 : ; of whom, how many are Hispanic? Asian 0.:'.: 0 .r ; of whom, how many are Hispanic? American Indian/Alaska Native '.0 ; of whom, how many are Hispanic? Native Hawaiian/Other Pacific Islander',:, O t` 0 '£ %; of whom, how many are Hispanic? American Indian/Alaskan Native &White 0..:­., of whom, how many are Hispanic? Black/African American 8 White ofwhom, how many are Hispanic? Am. Indian /Alaska Native 8 Black/African Am 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: Title: Legal Aid of Collier County CDBC CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 36 of 40 Packet Page -2308- Signature: Your typed name here represents your a ec rornc signature EXHIBIT "E" INCOME CERTIFICATION INSTRUCTIONS 9/23/2014 16.D.1. Complete form, and retain appropriate supporting docurnentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 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 13(c), otherwise leave blank. 13(c) Legal Aid of Collier Count) C➢BG Cola -o6Ps PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 37 of 40 Packet Page -2309- 9/23/2014 16.D.1. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, commissions, Asset bonuses, and Income overtime I (Enter the greater of 2 box 13(b) or 3 box B(c), 4 above, in 5 box C(e) 6 below) 7 8 (a) (b) (c) (d) (e) Totals 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. 1 /we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my /our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by Fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date Legal Aid of Collier County CDBG CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 38 of 40 Packet Page -2310- 9/23/2014 16.D. I. E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is /are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: Very -Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Low - Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ }, Moderate - Income (MOD) Household means and individual or family whose annual income does not exceed 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 A e Native American Asian Black Hawaiian or White Oth 0— 26— 41— 62+ Indian Other Pac. er 25 40 61 Islander Hispanic Nan- 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 she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. Legal Aid of Collier County CDBG CDIa -oohs PUBLIC SERVICES LEGAL SERVICES TO VICTIMS Page 39 of 40 Packet Page -2311- 9/23/2014 16.D.1. EXHIBIT "F" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Govemments, and Non -Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient 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 federallstate expenditure threshold for our fiscal year ending as E3 indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. ❑ We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. tIr rmam s were notea, piease enclose a cupy ul Llle fe5PUI15C5 dIIU GV11C1.LJVC 0%.uU11 P1011.1 Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Legal Aid of Collier County CDBC CD14 -06PS PUBLIC SERVICES LEGAL SERVICES TO VK:TIMS Page 40 of 40 Packet Page -2312- 9/23/2014 16.D.1. Grant # - B- 11 -UC -12 -0016 B- 14 -UC -12 -0016 CFDA /CSFA# - 14.218 Subrecipient — The Shelter for Abused Women & Children, Inc. — Agreement # CD 14 -09 DUNS # - 836680769 IDIS #488 FEID # - 59- 2752895 Fiscal Year End: 06/30 Monitor End: 09/2020 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. THIS AGREEMENT is made and entered into this day of , 2014, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the The Shelter for Abused Women & Children, Inc., a private not- for - profit corporation existing under the laws of the State of Florid ( "Subrecipient "), having its principal office at P.O. Box 10102, Naples, FL 34101. 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 Blocic Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan — One Year Action Plan for Federal Fiscal Year 2014 -2015 for the CDBG Program with Resolution 2014 -129 on June 24, 2014 — Agenda Item 16138; and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the CDBG SHELTER IMPROVEMENTS; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: SAWCC CDBG CD14 -09 Shelter Improvements Page 1 of 41 Packet Page - 2313 - `' 9/23/2014 16.D.1. 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 determined by Collier County Housing, Human and Veteran Services (HHVS), to pet-form the tasks necessary to conduct the program as follows: SCOPE OF SERVICES FY2014 -2015 Action Plan identified and approved the The Shelter for Abused Women & Children Shelter Improvements project as follows: Proiect Component One: Shelter Improvements: Facility Funding costs will include but not limited to the following expenses: roof membrane, painting, stucco /wood repair of exterior and surrounding walls and fencing (includes pressure cleaning and sealing of all cracks in walls). Proiect Component Two: Shelter Improvements: IT room Funding costs will include but not limited to the following expenses: climate controlled improvements to the IT server room. Specifically, improvements identified for funding are outlined in the Project Details Section 1.2. The detailed project scope will be contained in the schedule of values or contractor pricing awarded in the project's construction contract. 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 HHVS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipient's governing body within thirty (30) days of conveyance: 1. Affirmative Fair Housing Policy 2. Affirmative Action/ Equal Opportunity Policy 3. Conflict of Interest Policy 4. Fraud Policy SA W CC CDBG CDIJ -09 Shelter Improvements Page 2 of 41 Packet Page -2314- 9/23/2014 16.D.1. 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 /Budget Shelter Improvements Federal Funds Proiect Component One: Facility Funding costs will include but not $140,500 limited to the following expenses: roof membrane, painting, and stucco /wood repair of exterior and surrounding walls and fencing (includes pressure cleaning and sealing of all cracks in walls). Project Component Two: IT room Funding costs will include but not $9,500 limited to the following expenses: Equipment and installation of the cooling and heating for the SheIter's server room using high efficiency equipment. Total: $150,000 The Subrecipient will accomplish the following project tasks: Proiect Tasks 1. Maintain and provide to the County resident income certification or presumed eligibility documentation (Exhibit E) or documentation of Census Track 2. Provide quarterly reports on progress(Exhibit C &D) and national objectives 3. Provide monthly construction and rehabilitation progress reports until completion of construction and rehabilitation 4. Required attendance by Executive Management at quarterly partnership meetings, as requested 5. Identify Lead Project Manager 6. Provide Site Design and Specifications 7. Provide exterior and interior rehabilitation, as approved by the County and identified in this agreement 8. Comply with Uniform Relocation Act (URA), if necessary 9. Comply with Davis Bacon Labor Standards SA WCC CDBG CDI,"9 Shelter Improvemenfs Page 3 of 41 Packet Page -2315- 9/23/2014 16.D.1. 10. Provide Certified Payroll weekly throughout construction and rehabilitation 11. Ensure the five (5) year affordability /continued use period is niet 12. Comply with Section J requirements 11, National Objective The CDBG program funds awarded to Collier County must benefit low - moderate income persons (LMI), As such the Subrecipien.t shall be responsible for ensuring that all activities and beneficiaries meet the definition of Low Mod Clientele (LMC) or presumed Low Mod Clientele. C. Project Outcome The Subrec.ipient will perform rehabilitation activities (to include but not limited to): roof membrane, painting, and stucco /wood repair of exterior and surrounding walls and fencing (includes pressure cleaning and sealing of all cracks in walls). Climate controlled improvements to the IT server room (to include but not limited to): equipment and installation of the cooling and heating for the Shelter's server room using high efficiency equipment.. The Subrecipient will provide shelter improvements to a minimum of 600 presumed low to moderate income victims of domestic violence. 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 The Following Table Retails 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 Creation and maintenance of income Exhibit E Deliverable: Ongoing and to eligibility or presumed elgibility tiles be reviewed during on clients served I monitoring This funding will benefit 600 presumed Exhibit C and D Deliverable: Ongoing and adult victims of domestic violence evidenced by quarterly report and monitoring Quarterly Progress Rcports ; Exhibit C & D Quarterly through 9 /2015 and annually thereafter until 2020 Financial and Compliance Audit Exhibit F Annually one hundred eighty (180) days after FY end until SAWCC CDBC CD14.09 shelter Improvements Page 4 of 41 T Packet Paee -2316- 9/23/2014 16.D.1. E. Payment Deliverables The Following Table Details the Payment Deliverables PAYMENT. DELIVERABLES Payment Deliverable 2020 Proof of Insurance Insurance Certificate Annually within 30 days of renewal until 2020 Program Income Re -Use Plan Program Income Plan Document Annually through 09/2020 Continued Use Certification Continued Use Affidavit Annually until 2020 E. Payment Deliverables The Following Table Details the Payment Deliverables PAYMENT. DELIVERABLES Payment Deliverable Payment —Supporting Documents Submission Schedule Component One: Facifitt) Funding Submission of supporting documents Submission of monthly costs will include but not limited to must be provided as back up as invoices the following expenses: roof evidenced by AIA G702 -1192 form membrane, painting, and or equivalent document per stucco /wood repair of exterior and contractor's Schedule of Values/ bid, surrounding walls and fencing and any additional documents as (includes pressure cleaning and needed- Exhibit B sealing of all cracks in walls). Final 10 %($14,050) released upon documentation of facility improvements completed and achievement of national objective Protect Component Two: IT room Submission of supporting documents must be provided as back up as Submission of monthly invoices Funding costs will include but not limited to the following expenses: evidenced by AIA G702 -1192 form, Equipment and installation of the contractor invoice or equivalent cooling and heating for the Shelter's document per contractor's Schedule server room using high efficiency of Values /bid, and any additional equipment. documents as needed- Exhibit B Final 10% ($950) released upon documentation of equipment and installation completed and achievement of national objective 1.3 TIME OF PERFORMANCE Services of the Subrecipient shall start effective the date of the execution of this agreement and shall end on September 30, 2015. 1.4 AGREEMENT AMOUNT SA W CC CDBG CD14 -09 Shelter Improvements Page 5 of 41 Packet Page -2317- 9/23/2014 16.D.1. The COUNTY agrees to make available ONE HUNDRED AND FIFTY THOUSAND DOLLARS AND NO CENTS ($150,000) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). Modifications to the "Budget and Scope" may only be made if approved in advance. 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 1. 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 SUBRECI..PIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written authorization from the Grant Coordinator will not be reimbursed. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall SAWCC CDDG CD14 -09 C Shelter Improvements Page 6 of 41 Packet Page -2318- r- 9/23/2014 16.D.1. 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 casts incurred by procured private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A SUBRECIPIENT 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 SUBRECIPIENT in order for the County to remain compliant with its obligation to follow 24 CFR Part 85. The SUBRECIPIENT 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: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:RosaMunoz6_2) ollier�ov.net 239 - 252 -5713 SUBRECIPIENT ATTENTION: Rosa Leon Contracts & Grants Manager Julie Franklin, Director of Operations The Shelter for Abused Women & Children P.O. Box 10102 Naples, FL 34101 239- 775 -3862 Aeon, naplesshelter.org ifranklin!iunaplesshelter.org, SAWCC CDR(; CD14 -09 Shelter Improvvements Page 7 of 41 Packet Page -2319- PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 9/23/2014 16.D.1. 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 HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, 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 SAWCC CDBG CD14 -04 Shelter Improvements Page S of 41 Packet Page - 2320 - r 9/23/2014 16.D.1. documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines, The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The 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 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 SAWCC CDB(; CD14 -09 Shelter Improvements Page 9 of 41 Packet Page -2321- 9/23/2014 16.D.1. 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 HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this 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, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non - compliance is as follows: 1. Initial non - compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non - compliance issue. SAIVCC CDBC CD14-09 Sheller Improvements Page 10 of 41 Packet Page -2322- 9/23/2014 16.D.1. 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 often percent (10 %) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity will be considered in violation of Resolution No. 2013 -228 4. if in the case after repeated notification the Entity continues to be substantially non- compliant, the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to 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 Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the l Olh 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 SAWCC CDBG CDI4-09 Shelter Improvements Page l l of 41 Packet Page -2323- .�' 9/23/2014 16. D.1. include, a comprehensive final report covering the agreed -upon Program objectives, activities and expenditures and including, but not limited to, perfonnance data on client feedback with respect to the goals and objectives set forth in Exhibits "C" and "D ". Exhibits "C" and "D" contain 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 SUBRECIPIENT's revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. Tile SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. SAWCC CDBC C.D14 -09 Sheller Improvements Page 12 of 41 Packet Page -2324- " =.�1 9/23/2014 16.D.1. 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, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole SAWCC CDBG CD14 -09 Shelter Improvements Page 13 of 41 Packet Page -2325- 9/23/2014 16.D.1. negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Slalules. 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 HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial tenninations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; sAwcc CDBG co14-09 Shelter Improvements Page 14 of 41 Packet Page -2326- .` 9/23/2014 16.D.1. F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Tenninate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS SAWCC CDBG CD14d19 Sheller Improvements Page 15 of 41 Packet Page -2327- J11 9/23/2014 16.D.1. The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT are required to follow Federal Procurement regulations and Collier County's purchasing thresholds. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Ran a ($) Quotes Under $3K I Written Quote $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB 3.13 PROGRAM- GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The County may close out the project with the SUBRECIPIENT after the five (5) year period has been met. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. SAWCC CDRG CD14 -09 Shelter Improvements Page 16 of 41 Packet Page -2328- 1 9/23/2014 16.D.1. 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 Exhibits "C and D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall sAwcc CDOG CDI4-09 Sheller Improvements Page 17 of 41 Packet Page -2329- 9/23/2014 16.D.1. provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update /modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church /State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not 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 SAWCC CDBG CD14 -09 Shelter Improvements Page 18 of 41 Packet Page - 2330 - �J 9/23/2014 16.D.1. 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 detennined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Remainder of Page Intentionally Left Blank SANCC CDBG CD14 -09 d Shelter Improvements Page 19 7 of 41 Packet Page -2331- t ) 9/23/2014 16.D.1. PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program iiti ')p: / /www. la\N,.corne l l .ed u/C f.'r /text /24 /part -570 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://Nvww.ecfi•.gov/cgi- bin /t.ext- idx? c= ec: Fr& tpl= /ect'rbrowse/T'itle24 /24efr58 main 02.tpl 4.3 Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended http://12oi-tal.liud.gov/liudl)oi-tal/HUD'?src=/pi-ograiii offices /fair housing equal opp /FH 1Laws /109 4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair Housing Act. http: // www. hud. gov / offices /f ico /Iibra.i-N, /httddoistatement.pdf E.O. l 1063 — Equal Opportunity in Housing htin : / /nortal.liud.aov /fiudt)ortal /HUD ?src= /t)roL,raln offices/Nir housiniz equal opp /Fl -I Laws /EXO 11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs httn: / /Nv w\, v. archives.�rov /1'ederaI- reL,ister /codification /executive- order /12 ?59.fitml 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.Q. http://www.law.cornell.edu/cfr/text/24/Part-I 07 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended hitp:/ /portal hud �tov /hudportal /H[JD ?src = /nrotlram offices /fair housing equal opp /131-09 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.�ov /f iisys/pk<T /CI'R- 2007 - title24 -vo l3 /pd f %CFR- 2007 - title24 -vol3- sec570- 602.pdf 4.7 Executive Order 11246 (`Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: littp : / /www.eeoc.,,�ov /eeoc /Iiistory /35th /tlielaw /eo -I 1246.htmI EO 11375 and 12086: see item 48 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or SAWCC CD EC CD14 -09 Shelter Improvements Page 20 of 41 Packet Page - 2332 -J 9/23/2014 16.D.1. advertisements for employees placed by or on behalf of the SUBREC.IPiENT, state that it is an Equal Opportunity or Affirmative Action employer. lltti):/hvww.eeoc.eov /IaNVS /statutes /titievi i.ei:m 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 language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701), Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low - income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low - income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to business concerns that provide economic 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. snacC CDBG CD14 -09 shelter Improvements Page 21 of 41 Packet Page -2333- �� ' 9/23/2014 16.D.1. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements, http: / /w\vw.ecfi-.�.)ov /cgi- bin/ text- idx ?c -= Ceti-& tpl= /ecfrbrowse /Title24 /24ctr135 main 02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 1 1063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http:// www .dol.gov /oasaln /Ie�s /statLit.es /age act.htm 11063: http:// 12orta1.l lud. aov /liudpolta[ /HL)D' ?src= /prograin offices /fair housing equal o Lip /FI-t Laws /EXO 11063 11246: litth : //\ ww.eeoc.Lov /eeoc /history /35th /thelaw /eo- I1246.html 11375: Amended by EO 11478 11478: http: /hvtivw.arc.hives.# lei- register /codification /executive- order /1 1478.1itm1 12107: http: / /www, archives .s4ov /fecieral- re(,istet- /codification /executive- order /12107.litnll 12086: llttp�//www. archives .gov /federal- I-eaiste.i- /cod ification /executive- order /12086.htnll 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332. httLl:// us acee.naineerin.,�,i)anlplets2 .tpub.conl /EP -I 180 -1- I /EP -1 180- 1- 10012.1-itnl 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http// www•. epa.gov /civilricghts /sec504.htm 29 USC 776: http:// la« ,,.onecle.com /uscode /29 /776.litml 24 CFR 570.614: http: / /N,".�v.law.comell.edu /cfr /text /24 /570.614 4.13 The Americans with Disabilities Act of 1990 http: /A ww.11lwa. dot. �,lov /realestate /ua /inclex.litnl 4.14 Uniform Relocation Assistance and Real Property . Acquisition Policies Act of 1970, as amended. http : / /ww,w.Iliwa. dot .gov /i-ealestate /ua /index.litm 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://\� ,--ww.law.c(.)rnell.edu/cfi-/text/29/L)ai-t-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) http: / /wN -vw, l,iw.c,orne l l.edu /CIr /text /29 /part -.5 SAWCC CDBG cola -os Shelter Improvements Page 22 of 41 Packet Page - 2334 - _i 9/23/2014 16.D.1. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. htIL):/ /Nvww. presidency .ucsb.edu /N s /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 littp_ / /www.mbcla.gov /node /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 are still applicable. 24 CFR 570.607: http• / /«J\trw gpo Hof v /fdsys /1)1«? /CFR - ?010- titic24- vo13 /pclf /('FR -2010- title24- vo13- sec570- 608.12df E.O. 13279: http:// fedgoveontracts .com /pe02- 192.htm 4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988. httn:/h uww.ncbi.nlin.nill.gov /hubmed /I 2289709 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.corneII.edLI /Cf'r /text /24 /part -84 Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT's; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENT's shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's shall follow 570.505; • 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 SAWCC CDBG CD14 -09 Shelter Improvemenu Page 23 of 41 Packet Page -2335- 9/23/2014 16.D.1. ■ 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; • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • 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 84.7 1, 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 govermnental entities. http://www,ecfr.gov/cgi- bin /text- idx? c= ecfrR tp[= /ecfrbrowsc /Title24 /24cfr85 main 02.tpl 4.21 Immigration Reform and Control Act of 1986 littp: / /ww�A,,,eeoc.aov /eeoc/ history /35t]i /thelaww /ii-ca.litm] 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 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 - htt):Hvv- ,N,wv.lawsei-ver.com/ law /state /florida /statutes /florida statutes chapter 112 part iii Collier County - http:Hbccsp01 /SiteDirectory /ASD /HR/ labor /CMAs /Shared %20Docutnents /CMA %20531 1.1 % 20Standards %20ofti /o20C.onduct.pdi' 4.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terns 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. SAWCc colic CD14 -09 Shelter improvements Page 24 of 41 Packet Page -2336- 9/23/2014 16.D.1. 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, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20t" 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. littL)://www,flscnate.gov/[,aws/StatLites/2010/44.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. littk):/ /www IaNw coriiell.edu /uscode /text /42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.cornell.edU/LISCode/text/33/c.liai)ter-26 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 / /wwNw.ec fr. aov /c � i- bin /tex t- idx' * lc =ecf r& S1 D= eba 40bdb52822d80827a48bcedibOb56 &rr�n =div8 &view= text &node =2 =1:3,1.1.3.4. l l .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: / /%-�,Nvw. cefr. Gov/cgi- bin /text- idx ?c =ecfr& SID= eba40bdb52822d80827a48bced5 bOb56 &r,�n =div 8 &view =text &node =2 4 :3.1.1.3.4.11. I.9& idno =24 SA W CC CDDG CD14d19 Shelter Improvements Page 25 of 41 Packet Page -2337- J 9/23/2014 16.D.1. 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: / /�www.n `,ov / history /local- lawlnhpal966.hhn hp: / /w\"\,,.ecfi•.,,ov /cgi- bin /text- idx ?c- ec1i,& tpl= /ecfrbrowse /'Fitle36 /36ci'r800 main 02.tt)l In general, this requires concurrence fiom the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http: / /www.nps.gov /history /Iocal- law /nhpa 1966.1itm 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). llttp• / /us -code vlex com /vid /clrug- free- xworkplace- requirements- 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. Izttp://w\vw.ecfr.,,ov/cgi- bin /text- idx ?c =ecfr& SID= eba40bdb52822d8O827 a48bced5bOb56 &rgn =div8 &view =text &node =2 4:3.1.1.3.4.1 1.1.10&, idno=24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 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: littp: / /www.whitehouse.g_ov /omb /circulars a087 2004/ OMB CircularA ]02:littp: / /www.wliiteliouse.gov /omb /circulars 1102/ OMB Circular A2]:Iitti,)://wNvw.whitehOLise.gov/ojiib/cli-culars a021 2004/ OMB Circular A] 10:httttp: /hwww.whitehouse.gov /omb /circulars al 10/ SAWCC CDBG CD14A9 Shelter Improvements Page 26 of 41 Packet Page -2338- 9/23/2014 16.D.1. OMB Circular A122: http: / /www.wliiteliouse.gov /onib /circulars a 122 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 SUBR.ECIPIENT'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 : / /w\vNv.wliitelIouse.gov /onib /circulars /al33 compliance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. litt)://N,N,ww.law.coi-iiell.edu/cfi-/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: //hvww. fhwa. dot. t}oy /realestate /tia /iiidex..Iltni http://www.law.coi-ilell.edu/cf'r/text/4`9/24.1 01 http : / /cPr.vlex.com /vid /570- 505 - use - real - property - 19928754 4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. littLl: / /www.[,iwserver.com /law /state /florida /statutes /florld.a 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 SAWCC CDBG CUI4-09 Shelter Improvements Page 27 of 41 Packet Page -2339- 9/23/2014 16.D.1. Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECiPIENT's 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: / /www.leg.state.fl.us /Statutes /index.cfm ?App mode= Displav Statute &GIRL =0700- 0799/0713/0713.html 4.40 Florida Statutes 119.021 Records Retention http• / /mrNvw lawservei- com/ law /state /florida /statutes / Forida statutes 1.19-021 4.41 Florida Statutes, 119.071, Contracts and Public Records htip: /Avww,leg.state.n.us/ Statutes /index.cfii?A )I) mode = Display Statu.te &URI... =0100- 0199/01 19 /Sections /O l 19.07.htm I (Signature Page to Follow) SnwCC CDDG CD144)9 Shelter Improvements Page 28 of 41 Packet Page -2340- 9/23/2014 16. D.1. IN NVIT:`,,JVSS Willt"REM", the alld Ill• Coulliv, have, cm.h. bN' NII tiLlIhOli/l.-d I)CIS011 01 !1131 n1. ll(.tfCLMCICI SCI 11161- Ildild" mul seals oil die datc fW"t milik-11 A'I I I :S 1: HOMO) ()I ('011NI-1` MVI(il I L. IIROCIII'. (11'k K, R HAMIDA HY: ('ICH, WIM lik'NNING, CHAIRMAN H I F, S 1-11-` 1,* I'k R FOR AMISIA) & CI I I I I )R 1'-: N FA I j hilda Obell)"Ills, FAO.L.-Illive Dil'uClor Wilness Molle "Ind I it le N'""Ime and "Lille Approved as to I'Orm and legalily: t'<, Jefillif'or A. Belpedio Assistant Comil\ Atkwiicy p S %N\ ( ( ( DM; I Dill 09 ShOl'i Page 29 44 1 Packet Page -2341- 9/23/2014 16.D.1. PART V EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 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. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PI IASL" (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) SAWCC CDBG CD14 -09 Shelter Improvements Page 30 of 41 r 0Packet Page -2342- 9/23/2014 16.D.1. or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. SAWCC CDBG CD14 -09 Shelter improvements Page 31 of 41 Packet Page - 2343 - ,' i 9/23/2014 16.D.1. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Sub recipient Name: The Shelter for Abused Women & Children, Inc. Sub recipient Mailing Address: P.O. Box 10102 Naples, FL 34101 Project Name: Shelter Improvements Agreement No: CD 14-09 Payment Request # Total Payment Minus Retainage: Period of Availability: through Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. 10% Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Grant Coordinator Supervisor Dept Director Date Grant Accountant (approval required $15,000 and above) (approval required $15,000 and above) SAWCC CDQG CD14 -09 Shelter Improvements Page 32 of 41 Packet Page -2344- EXHIBIT "C" REPORTING SCHEDULE 9/23/2014 16.D.1. 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 1 "— December 31st January 10' January 31st— March 3ls' Aril 10' April ]s' —June 30' Jul 10" Jul 1" — September 30" October 10' SUBRECIPIENT AGREEMENT SHELTER IMPROVEMENTS PROEJCT Date Submitted: Activity Reporting Period: Contact Person: Telephone: Email: =-Kinv n r 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? SAWCC CDBG CD14 -09 Shelter Improvements Page 33 of 41 Packet Page -2345 - iF 9/23/2014 16.D.1. 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. Activi ThisReporting Period No. Active Projects White No. Projects Complete No, Properties Demolished No. Properties Sold Asian TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. Household Data -This Reporting Period No. Extremely -Low Income Households (0 -30% AMI) White No. Very-Low Income Households (31 -50% AMI) No. Low - Income Households (51 -80% AMI) No. Moderate - Income Households (81 -120% AMI Asian No. Female Head of Households TOTAL RACE AND ETHNICITY BENEFICIARIES Race Total No:':His anic -' 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 / AIaskan Native and Black/African American Other Multi- Racial TOTAL sa WCC CDBG CD14 -09 Sheller improvements Page 34 of 41 Packet Page -2346- EXHIBIT "D" QUARTERLY PERFORMANCE REPORT DATA GENERAL 9/23/2014 16.D.1. 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: The Shelterfor.Abused Women :' Gtijldren, tnc Date: Project Title: CDBG Shelter ment., .. NOW Alternate Program Contact: Rosa k eon . ` Contact: Telephone Number: 239 -775- 3862`: `REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): p 12131!14 03130115 sp06130115 ❑ 9130/15 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 applicationt sub - recipient agreementand indicate your progress in meeting those goals since the beginning of the agreement. - B. Goal I 'Outcome SA W CC CDBG CD14 -09 Shelter Improvements Page 35 of 41 Packet Page -2347- 9/23/2014 16.D.1. 2. Is this project still in compliance with the original project schedule? If more than 2 months behind schedule, must submit a new, timeline for approva. Yes ;........ :.... >: No If no. explain: Since effective date of agreement, of the persons assisted, how many.... Total Other Funds SA WCC CUBG CD14 -04 Shelterr Improvements Page 36 of 41 Packet Page -2348- Total Entitlement $ Funds - ..a '- ,I 9/23/2014 16.D.1. 6. What is the total number of UNDUPLICATED clients served this quarter, If applicable? _ a. Total No. of adult females served: Q :; .:.Total No. of females served under 18: 0 b. Total No. of adult males served: Total No. of males served under 18: t)...:. Am. Indian /Alaska Native & Black/African Am.'. TOTAL: 0 TOTAL: O o. Total No. of families served: fl :a :'Total No. of female head of household: Other -Youth 6. What is the total number ofiJNDUPLICATED clients sensed since October, tf apphcabte? a. Total number of adult females served: Total number of females served under 18: 0 b. Total number of adult males served: O::i ' ':Total number of males served under 18: 0 TOTAL: O TOTAL: 0 C. Total No. of families served: 0`:': a:`Total No. of female heed 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.--.7, e .`: OTHER BENEFICIARY DATA: INCOME RANGE Indicate the total number of I INM Ip I -A TED persons served since October 1 who fall into Indicate the total number of uNDUPLfj^gJ persons 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): TOTAL: 9. Report as; 0 'Abused Children Q Homeless Person D s Battered Spouses American Indian /Alaskan Native & White Persons w/ HIVIAIDS 0 :..Elderly Persons Am. Indian /Alaska Native & Black/African Am.'. Veterans ... ,,,,;; Chronically/ Mentally ill Other .Physically Disabled Adults D Other -Youth Report as: .iU Extremely low Income (0 -30 %) 0 ::.'Low Income (31 -50 %) Moderate Income (51 -80 %) 0 .i,Above Moderate Income ( >80 %) 0 TOTAL: 0 (Racial`& Ethnic Data: (if.apphcable) :. :_ ' ( 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.' Asian.. O : American Indian /Alaska Native::.. 0 '? 'i Native Hawailan/Other Pacific Islander' 0 American Indian /Alaskan Native & White 0 Black/African American & White A Am. Indian /Alaska Native & Black/African Am.'. 0 Other Muhl- racial . 0 Other 0 TOTAL: 0 Name: Title: Signature: Your typed name here represents your a crank signature SAWCC CDBC CD14 -09 Shelter Improvements Page 37 of 41 Packet Page -2349- 'f: of whom, how many are Hispanic? A . "; of whom, how many are Hispanic? 'S ; of whom, how many are Hispanic? 0 ° ?; of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? O .;of whom, how many are Hispanic? of whom, how many are Hispanic? 0 TOTAL HISPANIC Signature: Your typed name here represents your a crank signature SAWCC CDBC CD14 -09 Shelter Improvements Page 37 of 41 Packet Page -2349- 'f: EXHIBIT "E" INCOME CERTIFICATION INSTRUCTIONS 9/23/2014 16.D.1. Complete form, and retain appropriate supporting documentation, to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 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) SAWCC CDDC CD14 -09 Shelter Improvements Page 38 of 41 Packet Page -2350- C ~` 9/23/2014 16. D.1. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, commissions, Asset bonuses, and Income overtime I (Enter the greater of 2 box B(b) or 3 box B(c), 4 above, in 5 box C(e) 6 below) 7 8 Totals (a) (b) (c) (d) (e) 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. I /we 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 Signature of Spouse or Co -Head of Household Date Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) SAWCC CDBG CDJ4 -09 shelter Improvements Page 39 of 41 Packet Page -2351- Date 9/23/2014 16.D.1. E. CDBG Grantee. Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is /are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: Very-Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Low - Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Moderate - Income (MOD) Household means and individual or family whose annual income does not exceed 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 Printed Name Title 1W Nnitanhnid data Date Number of Persons By Race / Ethnic it By Age Native American Asian Black Hawaiian or White Oth 0— 26— 41— 62+ Indian Other Pac. er 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 benejiciary is required to give such injormation he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. SAWCC CDRG C014 -09 Shelter Improvements Page 40 of 41 Packet Page -2352- (` 9/23/2014 16.D.1. EXIHBIT "F" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Governments, and Non- Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient Name Fiscal Year Period Total State Financial Assistance Expended during most recently completed Fiscal Year $ Total Federal Financial Assistance Expended during most recent) completed Fiscal Year $ Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending O as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. ❑ We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federalIstate expenditure threshold for the fiscal year indicated above ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. to tntumus were noren_ nIP - -ACP P-mmnCP n rnnv nr ma roennncne nnri flr,., „t.,„ Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 1 nis iorm may De uses to monitor rlonlla aingle Audit Act (Statute 215.97) requirements. SAWCC CDBC CD14 -09 Shelter I mprovements Page 41 of 41 Packet Page -2353- 9/23/2014 16.D.1. Grant # - B- 14 -UC -12 -0016 CFDA /CSFA# - 14.218 Subrecipient — United Cerebral Palsy of Southwest Florida, Inc. (UCP) Agreement #CD14 -05PS DUNS # - 078476765 IDIS #484 FETI # - 59- 1796622 Fiscal Year End: 06/30 Monitor End: 09/2015 AGREEMENT BETWEEN COLLIER COUNTY AND UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC. THIS AGREEMENT is made and entered into this day of , 2014, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "United Cerebral Palsy of Southwest Florida, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florida ( "Subrecipient "), having its principal office at 9040 Sunset Drive, Miami, FL 33173. WHEREAS, the County has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan — One Year Action Plan for Federal Fiscal Year 2014 -2015 for the CDBG Program with Resolution 2014 -129 on June 24, 2014 — Agenda Item 16D8; and WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the CDBG TRANSPORTATION SERVICES PROJECT; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: UNITED CEREBRAL PALSY OF S1\' FLORIDA, INC. CDBG CDI4 -0511S TIUNSPORTATION SERVICES Page 1 of 40 Packet Page- 2354 - f' 9/23/2014 16. D.1. 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 determined by Collier County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to conduct the program as follows: SCOPE OF SERVICES FY2014 -2015 Action Plan identified and approved the Public Services Project to United Cerebral Palsy as follows: Project Component One: Funding costs will include but not limited to the following expenses: Fund partial salary for Staff & Drivers to transport persons with disabilities to the UCP Adult Day Education/Training Center (ADT). Items identified for funding are outlined in the PROJECT DETAILS in Section 1.2. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the Subrecipients' governing body within thirty (30) days of conveyance: I. Affirmative Fair Housing Policy -N /A 2. Affirmative Action/ Equal Opportunity Policy 3. Conflict of Interest Policy 4. Fraud Policy 5. Equal Opportunity Policy 6. Procurement Policy -N /A 7. Residential Anti- displacement and Relocation Policy -N /A 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) -N /A 10. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) UNITED CEREBRAL PALSY OF SW PLORIDA, INC. CDBG CD14 -05PS TRANSPORTATION SERVICES Page 2 of 40 Packet Page -2355- t� J 9/23/2014 16.D.1. 1.2 PROJECT DETAILS A. Project Description /Budget Public Services Federal Funds _ Project C.'omponew One: Funding; costs will inelude but not limited to $24,458 the following expenses: Fund partial salary for Staff & Drivers to transport persons with disabilities to the UCP Adult Day Education,"Training Center (ADT). Total: $24,458 The Subrecipient will accomplish the following project tasks: Project Tasks 1. Maintain. and provide to the County resident income certification documentation (Exhibit E) or documentation of presumed eligibility 2. Provide quarterly reports on progress and national objectives 3. Travel /Driver Log 4. Required attendance by a representative from Executive Management at quarterly partnership meeting;, as requested B, National Objective The CDBG program :funds awarded to Collier County must benefit low - moderate income persons (LMI). As such the Subrecipient shall be responsible for ensuring that all activities and beneficiaries meet the definition of Low Mod Clientele (I.MC) or presumed Low Mod Clientele. C. Project Outcome The Subrecipient will provide transportation services to a minimum of twelve (12) persons with disabilities. The subrecipient will provide the vehicle and personnel to operate transportation services. D. Performance Deliverables The Following 'fable Details the Project Deliverables Program Deliverable 7 Deliverable Supporting Submission Schedule Documentation VNITED C'FRFBRAL PALSY OF SNV FLOItIDA, INC. CD BG CD14-05PS TR, NSPORTATION SGRVICCB Page 3 of 40 t Packet Page -2356- 9/23/2014 16.D.1. Special Grant Condition Policies Policies as stated in this Within thirty (30) days of (Section 1.1) agreement Agreement Execution Creation and maintenance of income Exhibit E Deliverable: Ongoing and to eligibility or presumed eligibility files costs will include but not limited to the be reviewed during on clients served following expenses: Fund partial salary monitoring — This funding will benefit a minimum Exhibit C and D Deliverable: Ongoing and of 12 individuals with developmental with disabilities to the UCP Adult Day evidenced by quarterly report disabilities in Collier County Education/Training Center (ADT). and monitoring Quarterly Progress Reports Exhibit C & D Quarterly through 9/2015 Financial and Compliance Audit Exhibit F Annually one hundred eighty 180 days after FY end Proof of Insurance Insurance Certificate Annually within 30 days of renewal Program Income Re -Use Plan Program Income Plan Document Annually through 09/2015 E. Payment Deliverables The Following Table Details the Payment Deliverables PAYMENT 'DELIVERABLES Payment Deliverable Payment — Supporting Submission Schedule Documents Project Component One: Funding Submission of supporting Submission of monthly costs will include but not limited to the documents must be provided as invoices following expenses: Fund partial salary back up as evidenced by i.e. time for Staff & Drivers to transport persons sheets, payroll registers, banking with disabilities to the UCP Adult Day documents, vehicle logs, and any Education/Training Center (ADT). additional documents as needed - Exhibit B Final 10% ($2,445.80) released upon documentation of a minimum of 12 persons with disabilities served 1.3 TIME OF PERFORMANCE Services of the Subrecipient shall start February 1, 2015 and shall end on September 30, 2015. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available TWENTY FOUR THOUSAND FOUR UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBG CD14 -05PS TRANSPORTATION SERVICES Page 4 of 40 Packet Page -2357- 9/23/2014 16.D.1. HUNDRED FIFTY EIGHT DOLLARS AND NO CENTS ($24,458.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with board approval. All improvements specified in Section I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the tulle of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written authorization from the Grant Coordinator will not be reimbursed. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Grantee are governed by the Federal grants management rule for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Grantee can only incur direct costs that may be attributed specifically to the projects referenced UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBC CD14-05PS TRANSPORTATION SERVICES Page 5 of 40 Packet Page -2358- 9/23/2014 16.D.1. 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 SUBRECIPIENT is not subject to 24 CFR Part 84 and 24 CFR Park 85, however the County is Subject to 24 CFR Part 85 and may impose requirements upon the SUBRECIPIENT in order for the County to remain compliant with its obligation to follow 24 CFR Part 85. The SUBRECIPIENT 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 Adlnin 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: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mai [to: Rosa M unoz@Co I I iergov.net 239 -252 -5713 SUBRECIPIENT ATTENTION: Kirk Zaremba and Ellie Roberts United Cerebral Palsy of Southwest Florida, Inc. 9040 Sunset Drive Miami, FL 33173 mailto:kzaremba wsunrise roa ut).orz eroberts a sunriseyroup.org 305- 273 -3055 & 239 -643 -5338 Ext 101 PART II GRANT CONTROL REQUIREMENTS UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBG CD14 -05PS TRANSPORTATION SERVICES Page 6 of 40 r .. Packet Page -2359- 9/23/2014 16.D.1. 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 HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and 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 UNITED CEREBRAL PALSY OF SW (FLORIDA, INC. CDBG CD14-051'S TRANSPORTATION SERVICES Page 7 of 40 Packet Page -2360- 9/23/2014 16.D.1. the three (3) year period, the records will be maintained until all litigation, clairn or audit Endings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. G. The 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 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 HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBG CD14 -ASPS TRANSPORTATION SERVICES Page 8 of 40 Packet Page -2361- 9/23/2014 16.D.1. a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this 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, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non - compliance is as follows; 1. Initial non - compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non - compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. 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. UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CURG C.D14 -0511S TRANSPORTATION SERVICES Page 9 of 40 Packet Page -2362- 9/23/2014 16. D.1. 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 am,ards at the discretion of the Board of County Commissioners, 2.5 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPICNT shall submit quarterly progress reports to the COUNTY on the 101h 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 Exhibits "C" and "D ". Exhibits "C" and "D" contain 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. UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBG CDI4-05PS TRANSPORTATION SERVICES Page 10 of 40 Packet Page -2363- PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS 9/23/2014 16.D.1. 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 SUBRECIPIENT's revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local Iaws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. UNITED CEREBRAL, PALSY OF SW FLORIDA, INC. CDBG CD34 -05PS TRANSPORTATION SERVICES Page I I of 40 Packet Page -2364- 9/23/2014 16.D.1. 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, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shal l pay al I claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. 3.7 GRANTEE RECOGNITION /SPONSORSHIPS UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBG CD14 -05PS TRANSPORTATION SERVICES Page 12 of 40 Packet Page -2365- ' -' 9/23/2014 16.D.1. The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 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 tenninations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any tenns 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. UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBG CD14 -0511S TRANSPORTATION SERVICES Page 13 of 40 Packet Page -2366- 9/23/2014 16.D.1. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part 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.). UNITED CEREBRALPALSY OF SW FLORIDA, INC. CDBG CD14-0511S TRANSPORTATION SERVICES Page 14 of 40 Packet Page -2367- 9/23/2014 16.D.1. 3.12 PURCHASING SUBRECIPI.ENT's are required to follow Federal Procurement regulations and Collier County's purchasing thresholds. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range ($ ) Quotes Under $3K 1 Written Quote $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) 3.13 PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The County may close out the project with the SUBRECIPIENT after the five (5) year period has been met. Activities during this closeout period shall include, but not be limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. 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 UNITED CEREBRAL PALSY Or SW FLORIDA, INC. CDBC CD14-05PS TRANSPORTATION SERVICES Page 15 of 40 Packet Page -2368- 9/23/2014 16.D.1. 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 (5I %) 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 Exhibits "C and D" of this Agreement. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update /modification. UNITED CEREBRAL PALSY ON SW FLORIDA, INC. CDBG CD14 -OSPS TRANSPORTATION SERVICES Page 16 of 40 Packet Page -2369- 9/23/2014 16.D.1. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximurn opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church /State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion, and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing. d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG UNITED CEREBRAL PALSY OF SNV FLORIDA, INC. CDBG CD14-0511S TRANSPORTATION SERVICES Page 17 of 40 Packet Page -2370- 9/23/2014 16. D.1. 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 detennination shall not affect the validity or enforceability of any other section or part thereof. Remainder of Page Intentionally Left Blank UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBG CDI4-0511S TRANSPORTATION SERVICES Page 18 of 40 Packet Page -2371- 9/23/2014 16.D.1. PART IV GENERAL PROVISIONS 4.1 24 CPR 570 as amended- All the regulations regarding the CDBG program htip: / /www.law.cornell.edu /cfi• /text /24 /part -570 4.2 24 CFR 58 - The regulations prescribing the Enviromnental Review procedure. Link: http: / /www.ecfr.�,,ov /cgi- bin /te:xt- idx? c= ecf' r& tpl=/ ecii •bro % n,se/Title24 /24efrS8_lnain 02.q21 4.3 Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended http : / /portal.huci,LOV /lluclportal /HUD' ?src= /program offices /fair 110usinnequal opp/FH laws /109 4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair Housing Act. )lttp: / /vN,�vw.hud.gov /of ices /flleo /libra.r , /h�_ �icidoistatement.12df E.O. 11063 — Equal Opportunity in Housing htip : / /portal.hud. =,ov /hudportal/]- IUD ?src = /program offices /fair housing equal opp /}.Il Laves /FXO 11063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs httn: / /ww w.al•chives.i-,ov/ federal - resister /codification /executive- order /1 ?O59.litmI 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. http: / /www.law.cornell.edu /cfr /text /24 /part -107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended http : / /portal.hud.�)ov /Iludnoi,til/ HUD ?src = /program offices /fair hoL1S1111; equal opp /prong, 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. htip:H/ wN,v. ;po.gov /fdsys /pkg /CFR- 2007 - titl e24- vol3 /pdf /C1-"R- 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: 11ttp: / /Nvwv v.eeoc..Rov /eeoc /history /35th /thelaw /eo -1 1246.html EO 11375 and 12086: see item #8 below 4.8 Title V11 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 UNITED CEREBW,1, PALSY OF Sw FLORIDA, INC. CDRG CD14-05PS TRANSPORTATION SERVICES Page 19 of 40 Packet Page -2372- 9/23/2014 16.D.1. advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. litti)://,Alww.ecoc.gov/IaNv,.;/statLites/titievii.efin 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 language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low - income persons within the service area of the project or the neighborhood in which the project is located, and to Iow- 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 BUD programs. UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBG CDI4-05PS TRANSPORTATION SERVICES Page 20 of 40 Packet Page -2373- 9/23/2014 16.D.1. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. http: / /www.ecfr.gov /cpi- bin/ text- idx ?c =cc.fi-& to l= /eefrbrowse /Title24 /24cfr135 main 02.tt>] 4.10 Age Discrimination Act of 1975, Executive Order 1.1063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, I2107 and 12086. Age Discrimination Act of 1975 - ht :tp: / /\,vww.dol,gov /oasam /i•egs /statutes /age act.htm 11063:http•/ /portal hud aov /lhuciportaI /HUD'?src= /Program offices /fair housing equal o pp /F1 -I Laws /EX01 1063 11246: littp: / /\vww.eeoc.,.to\,/eeoc /iiistory /35th /tlielaNv /eo -i 1246.htrnl 11375: Amended by EO 1 1478 11478: littp://www.ai-ciiives ,,ov/ federal - roister / codification /executive- order /11478.html 12107: littP' / /www archives ,L)�ov/ federal- registet- /codification /executive- order /12107.11tml 12086: http• / /w\k-w archives gov /fedet-al- register/ codification /executive- order /12086.iitmi 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332. http• / /usac-ee,ngineei-in paniniets2 tL3ub com /FI3- 1180- 1 -] /EP- 1180- 1- 10012.htm 4.12. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: http: / /www,el)a .gov /civilriglits /sec5O4.htm 29 USC 776: http: / /IaNv,onecle .com /uscocie /29/776.litm1 24 CFR 570.614: lltti):/ /w'vt- m,.Iavv.comell.edu /cf'r /text /24/570.614 4.13 The Americans with Disabilities Act of 1990 http: / /www.fliwa. dot. gov /reaIestate /ua /i ndex.litm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http: / /www.fhwa, dot .gov /reaIestate /ua /index.litm 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.la\A-.cornel l.edtl /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) http://ww w. [aw•.corne I I.edu /cli• /text /29 /part -5 UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBG CDI4-051'S TRANSPORTATION SERVICES Page 21 of 40 Packet Page -2374- 9/23/2014 16.D.1. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. hitp : / /www.iii- esidency,ucsb,edu /\� s /inclex,php ?pid =23675 4.16 Executive Order 11625 and U.S, Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E,O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http: / /www.mbda.gov /node /333 HUD Circular Letter 79 -45: No reference found 4.17 The SUBRECIPiENT agrees to comply with the non - discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: littp: / /www.gpo.gov /fidsys /plcp /CFR - 2010- title.24- vol3 /pdf/C'FR. -2010- Lit le24- vol3- sec570- 608.ndf E.O. 13279: http: / /ovcontracts.com /pe02- I92.htm 4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988. http:// wky\,v.ncbi.nlm.niii.eov /pubmed /12289709 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: Illtki://www.lqw.c.oriieII.eciti/cfr/text/24/12ai-t-84 Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT's; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUB.RECIPIENT's shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's shall follow 570.505; • 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 UNITED CEREBRAL PALSY OF SW FLORIDA. INC. CDBG CD14 -05PS TRANSPORTATION SERVICES Page 22 of 40 Packet Page -237S- 9/23/2014 16.D.1. ■ 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; • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • 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 perfonnance 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 84.7 1, 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.ecfr.gov/cgi- bin /text- idx? c= ecfr& tpl= /eefrbrov,sefl'itle24 /24cti•85 main 021 pf 4.21 Immigration Reform and Control Act of 1986 littp: / /NVWW.000C. (ov /eeoc /h istory /35tH /thelav, /irca.litml 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 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 - llttp: / /vr\Niw.Iawserver.com /law /state /florida /statutes /tlorida statutes chapter 112 part iii Collier County - http: / /bccsp0I /SiteDirectot•y /ASD /1 -IR/ labor /CMAs/ Shared %20Docurnents /CMA %20531 1.1 %20Standards %20o1T /o20Conduct.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 terns 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. UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBG CD14 -05PS TRANSPORTATION SERVICES Page 23 of 40 Packet Page -2376- 9/23/2014 16.D.1. 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, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The Iitigation 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. littp: / /N,\,Nvw.flscnate.,�-ov /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. cornel l.edu /usc.od.e /text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http: / /ww• v.law.cornell .edu /uscode /text/33 /chapter -26 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: / /w �ww.ec I-r. nov/cgi- bin /text- idx ?c =ecfr& SID= cba44bdb52822d80827a48bced5bOb56 &rim =d iv8 &view= text&:nocle =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= eba4Obcib52872 d80827a48bced5bOb56 &i -,Di =div8 &vieNv= text &node =2 4:3.1.1.3.4. l 1.1.9 &idno =24 UNITED CEREBRAL PALSY OF SAY FLORIDA, INC. CDBC CD14-05PS TRANSPORTA'r10N SERVICES Page 24 of 40 Packet Page -2377- 9/23/2014 16.D.1. 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. littR: / /www.nps.2ov /history /local - law /nlrpa 1966.htm littp: / /xv\A,tv.ecfi•.,-�ov /cgi -bin /text- idx? c= ecfi- &tpl= /eerrbrowsell'itle36/ )6cfr800 main 02.tpl in general, this requires concurrence from the State Historic Preservation Officer for ail rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. http: / /www.nps.gov /liistory /local- la%v /nllpa 1966.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). littp:Hus -code vlex coin/vid /drug - free- workpl ace - requirements- 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: / /N�,ww.ecfr.,.yov /cgi - bin /text- idx ?e. ecfi•& SID= eba4Obdb52822d8O827a48liced5bOb56 &r(n =div8 &view= text &node =2 4:3.1.1.3.4.1 1.1. I 0 &idno =24 4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 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 Onzanizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements OMB Circular A87: http: #www.wliitchouse.Qov /omb /circulars aO87 2004/ OMB Circular A102:littp://www.wliiteliOLIse.gov/omb/cit-CLilars 1102/ OMB Circular A21:litti)://www.whitchOLISC.gov/oiilb/cii-culai-s a021 2004/ OMB Circular Al10:htte// \vw.whitehouse.aov /omb /circulars al10/ UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBG (:Di4 -051's TRANSPORTATION SERVICES Page 25 of 40 %:� Packet Page -2378- 9/23/2014 16.D.1. OMB Circular A] 22: httl):Hw`vN wliitelic)use.,clov /omb /ciI•crllars a 122 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 : / /\v�+--\Nl.\- vhitehouse.cov /omb /circufai's /al 3 COIIII)liance supplement 2011 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. httl. .) : /h- vw%v,IaNv.coriielI.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 Iimited 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.fiwa. clot .,gov /realestate /ua /ituiex.litm http: / /www.law.cot-nell.edu /cfr /text /49/24. I Of http : / /cfr.v lex.com /vid /570 -505- use - real - property -1992 8754 4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. littp: / /w«nv.lawset-vet-.com /law /state /florida /statutes /florida statutes 21,7 -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 UNITED CEREBRAL PALS)' Or SW FLORIDA, INC. CDBG CD14 -OSPS rIL1NSPORTArION SERVICES Page 26 of 40 Packet Page -2379- 9/23/2014 16.D.1. Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRCCIPICNT's 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• / /NvwN leg state fl us /Statutes /index cfm?Ai mode =Qisplav Statute&URL=0700- 0799/0713/0713.11tm 1 4.40 Florida Statutes 119.021 Records Retention litt )1 / /",Nv fawservei- com/ law / state /floricia /statutes /ilorida statutes 119-021 4.41 Florida Statutes, 119.071, Contracts and Public Records httt): / /www.IefI.State.fl.us/ Statutes /index..cf'm ?Al)p mode = Display Statute&URL=0100- 0199/01 19 /Sections /01 19,07.htm I (Signature Page to Follow) UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBG CD14 -05PS THAMPORTATION SERVICES Page 27 of 40 Packet Page -2380- f 9/23/2014 16.D.1. IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set tlleir hands and seals on the date first written above. ATTEST: DWIGHT E. BROCI(, CLERK Dated: , Deputy Clerk (SEAL) Approved as to form and legality: BO,-UW OF COUNTY COMMISS1ONEIIS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN UNITED CEREBRAL PALSY OF SOU'i"i -iWEST FLORID C. By: J rtes G. �Jeeks, PhD /Chief Financial . fficer o V Jennifer A. Belp , 'o el-11 -60 Assistant County omey 'v UNITED CGREMULL PALSY OF SW FLORIDA, INC. CDBG CD14 -OSPS TRAXSPORTA7tOA'SERVICES Pane 28 of 40 Packet Page -2381- ✓ �l/ess tt 6 6e Name and Title Name and Title Approved as to form and legality: BO,-UW OF COUNTY COMMISS1ONEIIS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN UNITED CEREBRAL PALSY OF SOU'i"i -iWEST FLORID C. By: J rtes G. �Jeeks, PhD /Chief Financial . fficer o V Jennifer A. Belp , 'o el-11 -60 Assistant County omey 'v UNITED CGREMULL PALSY OF SW FLORIDA, INC. CDBG CD14 -OSPS TRAXSPORTA7tOA'SERVICES Pane 28 of 40 Packet Page -2381- 9/23/2014 16.D.1. PART V EXHIBITS EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in i — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the buildings) UNITED CEREBRAL PALSY OF S \V FLORIDA, INC. CDBG CD14 -05PS TRANSPORTATION SERVICES Page 29 of 40 Packet Page -2382- 0 9/23/2014 16.D.1. 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). OPERA TION /MANAGF,MENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or contract; 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100°/x) 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. UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBC CD14 -05PS TRANsrom,ATION SERVICES Page 30 of 40 Packet Page -2383- ` °', 9/23/2014 16.D.1. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: United Cerebral Palsy of Southwest Florida, Inc. (UCP} Sub recipient Mailing Address: 9040 Sunset Drive, Miami, FL 33173 Project Name: United Cerebral Palsy Transportation Services Agreement No: CD14 -05PS Payment Request 4 Total Payment Minus Retainage: $ Period of Availability: through Period for which Agency has incurred indebtedness: throw h 1 certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPI.ENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Grant Coordinator Supervisor Dept Director Date Grant Accountant (approval required $15,000 and above) (approval required $15,000 and above) UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBC CDI4-05PS TRANSPORTATION SERVICES Page 31 of 40 Packet Page -2384- SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. 10% Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ 1 certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPI.ENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Grant Coordinator Supervisor Dept Director Date Grant Accountant (approval required $15,000 and above) (approval required $15,000 and above) UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBC CDI4-05PS TRANSPORTATION SERVICES Page 31 of 40 Packet Page -2384- • EXHIBIT "C" REPORTING SCHEDULE 9/23/2014 16.D.1. 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 1 "— December 31 January 10` January 31 "— March 31 "' Aril 10` April I" —June 30" Jul 10 Jul 1" — September 30" October 10" Date Submitted: Activity Reporting Period: Contact Person: Telephone: SUBRECIPIENT AGREEMENT TRANSPORTATION SERVICES Email: GENERAL I. 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? UNITED CEREBRAL PALSY Of SIV FLORIDA, INC. CDRC CDI4-05PS TRANSPORTATION SERVICES Page 32 of 40 Packet Page -2385- 1 9/23/2014 16.D.1. 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. A.ctivit This Reporting Period ' No. Active Projects No, Projects Complete No. Properties Demolished No. Properties Sold TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. Household Data This.Reporting Period No. Extremely -Low Income Households (0 -30% AMT) White No. Very-Low Income Households (31 -50% AMI No. Low - Income Households (51 -80% AM No. Moderate - income Households (81 -120% AMI) Asian 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 UNITED CEREBRAL PALSY OFSw FLORIDA, INC. CDBG CD14 -OSPS 'rRANSPORTATION SERVICES Page 33 of 40 Packet Page -2386- EXHIBIT "D" QUARTERLY PERFORMANCE REPORT DATA GENERAL 9/23/2014 16.D.1. 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: iihited Cerebral Palsy .0 Southwest Florida, Inc. Date: Project Title: 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 those goals since the beginning of the agreement. B. Goal Progress: Indicate the progress to date in meeting each outcome goal. UNITED CEREBRAL PAt SY OF SW FLORIDA, INC. CDBG CDI"5PS ,rItANSPORTATIONSERVICES Page 34 of 40 Packet Page -2387- 9/23/2014 16.D.1. 4 3. a. b. C. Is this project still In compliance with the .orlginal ,praiectschedule ? :If more.than 2 months behind schedule, must submit a now timeline for:approvai. Yes No If no, explain: Since October 1, 2012, of the persons assisted, how many.... 4. 1 What Section 106 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State I Local Funds Total Other Funds UNITED CEREBRAL PALSY OF S'%V FLORIDA, INC. CDBG CDI 4-05PS TRANSPORTATION SERVICES Page 35 of 40 HOPWA CDBG ESG HOME Total Entitlement $ Funds - 7_ Packet Page -2388- -" 9/23/2014 16.D. I. 6. 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. i:: `. Total No, of males served under 18: 0 TOTAL: 0 TOTAL: 0 c. Total No. of families served: 0 :' ?1 Total No. of female head of household: 6, 1 What is the total number of UNDUPLICATED clients served since October, If a licable? a. Total number of adult females served 0.;?.t 6':'Total number of females served under 18: O b. Total number of adult males served: 0':': >' Total number of males served under 18: D '. TOTAL: 0 TOTAL: 0 G. 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 S. 7. 1 PRESUMED BENEFICIARY DATA: 8. OTHER BENEFICIARY :DATA: INCOME RANGE Indicate the total number of rrND1JPL1CArF0 indicate the total number of 1 1NDIlPl ICATEn persons persons served since October I who fall Into each presumed benefit category (the total served since October 7 who fall Into each income category (the rotal should equal the totel in question #6) should equal the total in question #61: Report as: 0..:,:..,'.'_.,Abused Children D,.d; . Homeless Person O Battered Spouses O -: Persons w/ HIV /AIDS 0,., => Elderly Persons 0 Veterans D Chronically/ Mentally III O Physically Disabled Adults 0... "` Other -Youth TOTAL: 0 TOTAL: Report as: FAremey low Income (0 -30 %) 0 ;`Low Income (31 -50 %) q ;Moderate Income (51 -80 %) t): :,Above Moderate Income (>80 %) TOTAL: 0 9. 1 Racist & Ethnic Data: (if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category. in addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White of whom, how many are Hispanic? Black/African American D,.d; . Asian- of whom, how many are Hispanic? American Indian /Alaska Native O -: Native Hawaiian/Other Pacific Islander ......_., 0,., => American Indian /Alaskan Native & White 0 Black/African American & White ,... W:: Am. Indian/Alaska Native & Black/African Am. 0 Other Multi- racial 0 '` Other ....... D TOTAL: 0 Name: Title: UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBC CD14 -05PS TRANSPORTATION SERVICES Page 36 of 40 Signature: Your typed name here represen s your a ec romc signature 5 Packet Page - 2389 - of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? 0 ' ; of whom, how many are Hispanic? A of whom, how many are Hispanic? of whom, how many are Hispanic? D ; of whom, how many are Hispanic? of whom, how many are Hispanic? of whom, how many are Hispanic? 0 TOTAL HISPANIC UNITED CEREBRAL PALSY OF SW FLORIDA, INC. CDBC CD14 -05PS TRANSPORTATION SERVICES Page 36 of 40 Signature: Your typed name here represen s your a ec romc signature 5 Packet Page - 2389 - EXHIBIT "E" INCOME CERTIFICATION INSTRUCTIONS 9/23/2014 16.D.1. Complete form, and retain appropriate supporting documentation, prior to document providing CDBG assistance to an eligible beneficiary. Please file in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members ( Relationship Age I 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 Total Cash Value of Assets B(a) b) Total Income from Assets BF 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) UNITED CEREBRAL PALSY Or SW FLORIDA, INC. CDBG CD14 -OSPS TRANSPORTATION SERVICES Page 37 of 40 Packet Page -2390- 9/23/2014 16.D.1. C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, commissions, Asset bonuses, and Income overtime) I (Enter the 2 greater of box B(b) or 3 box B(c), 4 above, in 5 box C(e) 6 below) 7 8 (a) (b) (c) (d) (e) Totals 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 incorne for eligibility. 1 /we 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 Adult Household Member (if applicable) Adult Household Member (if applicable) UNITED CEREBRAL PALSY Or SW FLORIDA, INC. CDBG CD14 -05PS TRANSPORTATION SERVICES Page 38 of 40 Packet Page -2391- Date Date Date 9/23/2014 16.D.1. E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is /are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: Very -Low Income (VLI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ }. Low - Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ }. Moderate- Income (MOD) Household means and individual or family whose annual income does not exceed 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 Asian Black Hawaiian or White Oth 0— 26— 41— 62+ Indian Other Pac. er 25 40 61 Islander Hispanic Non - His anic NOTE: Information concerning the rate or ethnicity of the occupants is being gcdhered for statistical use only No beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDRG progrmn. UNITED CEREBIL \L PALSY OFSw FLORIDA, INC. CDBG CD14 -(15PS TI ANSPORTATION SERVICES Page 39 of 40 Packet Page -2392- 9/23/2014 16.D.1. EXHIBIT "F" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Govemments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient 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 ❑ indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. ❑ We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. to nnam s were notea, piease enclose a copy or the responses ana corrective action plan.) Certification Statement 1 hereby certify that the above information is true and accurate. Signature I Date Print Name and Title This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. UNITED CEREBRAL PALSY Or SW FLORIDA, INC. CDBG CDI4-05PS TRANSPORTATION SERVICES Page 40 of 40 Packet Page - 2393 - 9/23/2014 16.D.1. THE HUD SUBSTANTIAL AMENDMENT TO THE FY2013 -2014 HUD ACTION PLAN THE SHELTER FOR ABUSED WOMEN AND CHILDREN - SHELTER OPERATIONS (ESG) Jurisdiction(s): Collier County, Naples Lead Agency: Collier County Jurisdiction Web Address: www.colliergov.net (URL where ESG Substantial Amendment materials are posted) ESG Contact Person: Elly Soto McKuen Address: 3339 E. Tamiami Trail, Suite 211, Naples, FL 34112 Telephone: (239) 252 -2664 Fax: (239) 252-2664 Email: ellymckuen@colliersov.net The FY2013 -2014 HUD Action Plan, approved by the Board of County Commissioners (BCC) on August 13, 2013 at an absentia meeting and ratified on September 10, 2013 meeting is hereby amended as follows: Words Stmek Thr-eugh are deleted; Words Underlined are added: AMEND PROJECT INFORMATION SHEET (Page 57): Project: The Shelter for Abused Women and Children Project Scope: Fund salary support of Security Coordinator, a*d utilities and include phone and internet, insurance cost necessary for the operation of the emergency shelter, security system expenses and food to be purchased and provided for the Qersons to be served in order to operate the Shelter to serve abused women and children Funding amount: $79,584 Matrix Code: 05G Battered and Abused Spouses 570.201(e) Project Level Accomplishment: 500 people Project Outcome: Public Facilities Packet Page -2394- 9/23/2014 16.D.1. THE HUD SUBSTANTIAL AMENDMENT TO THE FY2014 -2015 HUD ACTION PLAN HABITAT FOR HUMANITY — RE -ROOF PROJECT (CDBG), LEGAL AID SERVICES OF COLLIER COUNTY — LEGAL SERVICES (CDBG), DAVID LAWRENCE CENTER — COMMUNITY ACCESS PROGRAM (CDBG), THE SHELTER FOR ABUSED WOMEN AND CHILDREN — SHELTER IMPROVEMENTS (CDBG), DIRECT HOMEOWNERSHIP ASSISTANCE (CDBG), COMMUNITY ASSISTANCE AND SUPPORTIVE LIVING — REHA.BILITATION (HOME), THE SHELTER FOR ABUSED WOMEN AND CHILDREN — SHELTER OPERATIONS (ESG) Jurisdiction(s): Collier County, Naples CDBG, HOME and ESG Contact Person: Elly Soto Lead Agency: Collier County McKuen Jurisdiction Web Address: www.colliergov.net Address: 3339 E. Tamiami Trail, Suite 211, (URL where CDBG, HOME and ESG Substantial Naples, FL 34112 Amendment materials are posted) Telephone: (239) 252 -2664 Fax: (239) 252-2664 Email: ellymckuen(@cglliergoy.net The FY2014 -2015 HUD Action Plan approved by the Board of County Commissioners (BCC) on June 24, 2014 and is hereby amended as follows: Words Stmek Thr-ett are deleted; Words Underlined are added: ADD NEW PROJECT (PAGE 2): The proposed One Year Action Plan for fiscal year 2014 -2015 includes the following projects and the approximate funding amounts. fir-is Pir ect/Or ahiaatio t Lbeatiori. _ Desert ion Irundtn T. Housing, Human and Countywide Direct Up to $150,000 CDBG Veteran Services homeownership assistance Note: The remaining pages of the Action Plan are also amended to reflect project changes /amendment/modification as applicable. AMEND PROJECT INFORMATION SHEET (Page 41): ,'roject: Habitat for Humanity — Re -Roof GQ' Packet Page -2395- 9/23/2014 16.D.1. Project Scope: Fund the re air and replacement of 22 roofs for low income homeowners within speeifie Census Tfa identified as Low Medefate Areas. Funding Amount: $240,000 Matrix Code: 14A Rehab; Single -Unit Residential 570.202 Project Level Accomplishment: 22 households Project Outcome: Owner Occupied Housing AMEND PROJECT INFORMATION SHEET (Page 43): Project: Legal Aid Service of Collier County — Legal Support Project Scope: Fund 1 FT Attorney, 1 PT Attorney and 1 FT Paralegal to provide legal services €ef to victims of domestic violence, sexual assault, dating violence, repeat violence, child abuse, elder abuse and other abuses, and conduct outreach sessions. Funding Amount: $72,100 Matrix Code: 05C Legal Services 570.201(e) Project Level Accomplishment: 230 166 People Project Outcome: Public Services AMEND PROJECT INFORMATION SHEET (Page 44): Project: David Lawrence Center — Community Access Administrative Services Program Project Scope: Fund 2 FT Benefits Managers, partial salary for Quality Improvement and Program Support Director, purchase and set up of computer kiosks at various David Lawrence Center location Funding Amount: $89,802 Matrix Code: 050 Mental Health Services 570.201(e) Project Level Accomplishment: 488 300 People Project Outcome: Public Services AMEND PROJECT INFORMATION SHEET (Page 46): Project: The Shelter for Abused Women and Children — Shelter Improvements Project Scope: Fund shelter improvements to include, but not limited to: roof membrane, painting and stucco repair of exterior and surrounding walls, fencing, and climate control improvements to the IT server room. Funding Amount: $150,000 Matrix Code: 03C Homeless Facilities (not operating costs) 570.201(c) Project Level Accomplishment: 1 Public Facility Project Outcome: Public Facilities ADD PROJECT INFORMATION SHEET (Page 46a): Project: Direct Homeownership Assistance Project Scope: Provide direct homeownership assistance (HHVS staff to qualify individuals and administer the program) to improve home affordability. Funding amount: Up to $150.000 Matrix Code: 13- Direct Homeownership Assistance Project Level Accomplishment: As therd-ts aail�bility,_up to 7rhouseholds Project Outcome: Direct Homeownership Assistance Packet Page -2396- 9/23/2014 16. D.1. AMEND PROJECT INFORMATION SHEET (Page 49): 2roject: Community Assistance and Supportive Living — Multi Family Rehabilitation Project Scope: Partial funding for building rehabilitation and environmental Feview of multi - family housing for persons with disabilities Funding Amount: $60,000 Matrix Code: 14B Rehab; Multi -Unit Rehabilitation 570.202 Project Level Accomplishment: 8 People Project Outcome: Rental Housing AMEND PROJECT INFORMATION SHEET (Page 54) Project: The Shelter for Abused Women and Children Project Scope: Fund salary support of Security Coordinator, and utilities and include phone and internet, insurance cost necessary for the operation of the emergency shelter, security system expenses, and food to be purchased and provided for the persons to be served in order to operate the Shelter to serve abused women and children Funding amouni".1 64. Matrix Code: 05G Battered and Abused Spouses 570.201(e) Project Level Accomplishment: 500 people Project Outcome: Public Facilities Packet Page -2397- GP