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Agenda 05/13/2013 Item #16D115/14/2013 16. D.11. EXECUTIVE SUMMARY Recommendation to approve eight (8) Subrecipient Agreements for the Community Development Block Grant (CDBG) projects previously approved for U.S. Department of Housing and Lrban Development (HUD) funding in Amended Action Plans between FY2004 -2005 and FY2012 -2013 approved by the Board on May 14, 2013. OBJECTIVE: Approve and authorize the Chairman to execute eight (8) subrecipient agreements utilizing CDBG funds from HUD. CONSIDERATIONS: Housing, Human and Veteran Services (HHVS) have identified a total of $1,693,959.74 (CDBG) and $1,077,229.20 (HOME) in unspent funds from previous funding years (FY2004 -2005 to FY2012- 2013). The unspent funds were a result of numerous factors, i.e., projects completed under budget, unprogrammed funds, projects not started /completed, unused administration funds, etc. On February 6, 2013 HHVS advertised a Supplemental Re- Program Application Cycle where applications for eligible projects would be accepted. The deadline for submitting applications was February 27, 2013. On March 7, 2013, a selection committee recommended funding of eight (8) subrecipient projects utilizing $1,679,540 in CDBG funds and a down payment assistance program to be managed by HHVS in the amount of $800,000 utilizing HOME funds. Staff began working with the subrecipients to develop the agreements. Staff determined some of the items requested by the subrecipients were not eligible activities or eligible for reimbursement. The final total allocation for the supplemental projects is $1,654,500. The funding amount of $1,654,500 is reflected in the Fiscal Impact Section. The projects listed below have been incorporated in various Annual Action Plans for FY2004 -2005, FY2009 -2010, FY2010 -2011, FY2011 -2012 and FY2012 -2013 through a substantial amendment process. Approval of the subrecipient agreements will allow HHVS to administer, implement and monitor the projects outlined in the aforementioned Action Plans. As a component of the supplemental funding cycle, HHVS is recommending that the contract period for the subrecipient agreements be May 14, 2013 to September 30, 2013. All the subrecipients have acknowledged this timeframe for completion of their projects. This is an acceptable grant practice and allowed by the funding source. The following subrecipient agreements are being presented for the Board's approval: Habitat for Humanity, Collier County Housing Authority, Immokalee Housing and Family Services — Timber Ridge Community Center, ABLE Academy, The Shelter for Abused Women and Children, Naples Equestrian Challenge, Goodwill Industries and Immokalee Housing and Family Services — Sanders Pines Laundry and Playground Upgrades. Habitat for Humanitv — Re -Roof Program - $235,000 The project description, as outlined in the FY2011 -2012 and the FY2012 -2013 Action Plans is as follows: Habitat for Humanity will replace the roofs of 20 low income homeowners on scattered sites throughout Collier County. Staff has completed a compatibility analysis between the Consolidated Plan, the subrecipients grant application and amendments, the FY2011 -12 and FY2012- 2013Action Plans, Priority Needs Category (Housing Program - Rehabilitation- Single Family) and the Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and the FY2011 -2012 and FY2012 -2013 Action Plans. Collier County Housing Authority — HVAC Replacement Phase A and B and Electrical Panel Replacement Phase A -$144,811 The project description, as outlined in the FY2011 -2012 Action Plan is as follows: Packet Page -3050- 5/14/2013 16. D.11. This project will install thirteen (13) HVAC systems in 13 one - bedroom units in Phase A Development, thirteen (13) HVAC in 13 -two- bedroom units in Phase B Development. In addition to the installation of HVAC units, the subrecipient will replace outdated electrical panels in 13 one - bedroom units and re -wire each unit. Staff has completed a compatibility analysis between the Consolidated Plan, the subrecipient grant application and amendments, the FY2011 -12 Action Plan, Priority Needs Category (Housing Program - Rehabilitation - Energy Efficiency) and the Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and the FY2011 -2012 Action Plan. Immokalee Housing and Family Services — Timber Ridge Community Center Upgrades $18,250 The project description, as outlined in the FY2011 -2012 Action Plan is as follows: This project will consist of rehabilitation and upgrades to the Timber Ridge Community Center by replacing deteriorating exterior awnings, installing secure mailboxes for Timber Ridge residents and adding play equipment for the existing playgrounds. Staff has completed a compatibility analysis between the Consolidated Plan, the subrecipients grant application and amendments, the FY2011 -2012 Action Plan, Priority Needs Category (Housing Program - Rehabilitation- Energy Efficiency) and the Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and the FY2011 -2012 Action Plan. ABLE Academy — Building and Land Acquisition - $515,000 The project description, as outlined in the FY2004 -2005 and FY2009 -2010 Action Plans is as follows: The project consists of the purchase of existing building and land to continue providing applied behavior analysis services to children with development disabilities. Staff has completed a compatibility analysis between the Consolidated Plan, the subrecipients grant application and amendments, the FY2004 -2005 and FY2009 -2010 Action Plans, Priority Needs Category (Public Facilities -Land Acquisition) and the Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and the FY2004 -2005 and FY2009 -2010 Action Plans. The Shelter for Abused Women and Children — Shelter Improvements - $174,990 The project description, as outlined in the FY2011 -12 Action Plan is as follows: This project will provide for improvements and upgrades to the emergency shelter facility and four (4) transitional housing cottages. The improvements include replacing flooring and carpeting in our residential, counseling, security and administrative areas: upgrading security system for the shelter facility and transitional housing cottages; and the upgrade of the air conveyance system. Staff has completed a compatibility analysis between the Consolidated Plan, the subrecipients grant application and amendments, the FYI 1-12 Action Plan, Priority Needs Category (Public Facilities - Rehabilitation) and the Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and the FY2011 -2012 Action Plan. Naples Equestrian Challenge — Land Acquisition - $520,000 The project description, as outlined in the FY2012 -13 Action Plan is as follows: This project will acquire a 2.15 acre parcel located at 182 Ridge Drive to increase the organizations capacity. Staff has completed a compatibility analysis between the Consolidated Plan, the subrecipients grant application and amendments, the FY12 -13 Action Plan, Priority Needs Category (Public Facilities — Land Acquisition) and the Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and the FY2012 -2013 Action Plan. Packet Page -3051- 5/14/2013 16. D.11. Goodwill Industries — MicroEnterprise Program - $32.949 The project description, as outlined in the FY2009 -2010 and the FY2010 -2011 Action Plans is as follows: The project will provide two (2) microenterprise classes for 40 students using the training curriculum from the First Step FastTrac Program developed by the Kuffman Foundation. The program will include, but not be limited to: marketing, product/service development, management, financials, entrepreneurship, risk analysis, networking and writing a business plan. Staff has completed a compatibility analysis between the Consolidated Plan, the subrecipients grant application and amendments, the FY2009 -2010 and FY2010- 2011Action Plans, Priority Needs Category (Economic Development) and the Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and the FY2009- 2010 Action Plans. Immokalee Housing and Family Services — Sanders Pines Laundry and Playground Upgrades - S13.500 The project description, as outlined in the FY2010 -2011 and the FY2011 -2012 Action Plans is as follows: This project will install new energy efficient washing machines and dryers at the existing Sanders Pines laundry facility. The playground will also be improved by installing park benches, picnic tables, bike racks, mailboxes and playground borders. Staff has completed a compatibility analysis between the Consolidated Plan, the subrecipients grant application and amendments, the FY2010 -2011 and the FY2011- 2012Action Plans, Priority Needs Category (Housing Program - Rehabilitation- Energy Efficiency) and the Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and the FY2010 -2011 and FY2011 -2012 Action Plans. Pursuant to the compatibility analysis outlined above, Board approval of the subrecipient agreements confirms basis upon which payment is to be made; only to change thereafter by Board approved substantial amendment and/or contract amendment, if needed. FISCAL IMPACT: CDBG funds in the amount of $1,654,500 and HOME funds in the amount of $800,000 are available within the Urban Improve Grants (121) and Housing Grants (705) Funds identified for FY2012 -2013 Supplemental Funding Cycle. A match of 25% is required for the HOME project. State Housing Initiatives Partnership (SHIP) funds for Collier County HHVS's Down Payment Assistance program will be used as match and are available in SHIP Fund (791). The projects and funding sources are listed in the following table: Packet Page -3052- ainring Sc�nree .O "g anization - Pr�'ect °escri tonncunt Fu Year:` Housing Fund: CDBG Habitat for Humanity Re -Roof 20 homes $ 235,000 Project: 33088 FY2010 -2011 Project: 33176 FY2011 -2012 Project: 33236 FY2012 -2013 Housing Fund: Collier County Housing HVAC Phase A & B, Electrical $ 144,811 CDBG FY2011 -2012 Authority Panels Phase A Project: 33176 Housing Fund: Immokalee Housing & Timber Ridge Community $ 18,250 CDBG FY2011 -2012 Family Services Center Upgrades Project: 33176 Housing Fund: CDBG FY2004 -2005 ABLE Academy J Land acquisition of existing $ 515.000 Project: 34510 1 FY2009 -2010 Packet Page -3052- 5/14/2013 16. D.11. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. - JBW GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will further certain Goals, Objectives and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: The Chairwoman execute eight (8) subrecipient agreements for the CDBG and approve the HOME project previously approved for HUD funding in the various Action Plans from FY2004 -2005 through FY2012 -2013 approved by the Board on May 14, 2013. Prepared By: Elly Soto McKuen, Operations Analyst; Housing, Human and Veteran Services Packet Page -3053- facility Project: 44505 Housing Fund: The Shelter for Abused Shelter and transitional cottages $ 174,990 CDBG FY2011 -2012 Women and Children improvements Project 33176 Housing Fund: CDBG Naples Equestrian Challenge Land Acquisition $ 520,000 Project 33236 FY2012 -2013 Housing Fund: SWFL MicroEnterprise Program CDBG FY2009 -2010 Goodwill Industries for potential new businesses $ 32,949 Project: 44505 Housing Fund: Immokalee Housing and Sanders Pines Laundry and $ 13,500 CDBG FY2009 -2010 Family Services Playground Upgrades Project 44505 FY2010 -2011 Project: 33088 Unallocated Funds $ 39,095.40 CDBG Total: $ 1,693,959.74 Housing Fund: Collier County HHVS Down Payment Assistance $ 800,000 HOME Project: 34555 FY2004 -2005 Project: 34560 FY2005 -2006 Project: 34565 FY2006 -2007 Project: 34570 FY2007 -2008 Project: 44550 FY2008 -2009 Project: 44555 FY2009 -2010 Project: 33089 FY2010 -2011 Housing Fund: Match requirement (25 %) S 200,000 SHIP Shown for informational Not Included in Project: 44209 purposes only. Total Project: 791- 33198 Unallocated Funds $ 277,229.20 HOME Total: $1,077,229.20 LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. - JBW GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will further certain Goals, Objectives and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: The Chairwoman execute eight (8) subrecipient agreements for the CDBG and approve the HOME project previously approved for HUD funding in the various Action Plans from FY2004 -2005 through FY2012 -2013 approved by the Board on May 14, 2013. Prepared By: Elly Soto McKuen, Operations Analyst; Housing, Human and Veteran Services Packet Page -3053- 5/14/2013 16. D.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.11. Item Summary: Recommendation to approve eight (8) Subrecipient Agreements for the Community Development Block Grant (CDBG) projects previously approved for U.S. Department of Housing and Urban Development (HUD) funding in Action Plan between FY2004- 2005 and FY2012 -2013 approved by the Board on May 14, 2013. Meeting Date: 5/14/2013 Prepared By Name: McKuenElly Title: Grant Support Specialist, Housing, Human & Veteran 3/11/2013 11:17:31 AM Submitted by Title: Grant Support Specialist, Housing, Human & Veteran Name: McKuenElly 3/11/2013 11:17:32 AM Approved By Name: MesaNancy Title: Accountant,Housing, Human & Veteran Services Date: 4/11/2013 10:47:18 AM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 4/12/2013 5:26:38 PM Name: SonntagKristi Date: 4/15/2013 3:15:21 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 4/15/2013 4:40:03 PM Packet Page -3054- Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 4/16/2013 10:11:29 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 4/16/2013 2:59:33 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 4/16/2013 4:01:40 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 4/25/2013 1:19:43 PM Name: KlatzkowJeff Title: County Attorney Date: 4/25/2013 1:55:08 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 4/26/2013 9:20:00 AM Name: AckermanMaria Title: Senior Accountant, Grants Date: 5/7/2013 8:43:20 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 5/7/2013 9:30:38 AM Name: KlatzkowJeff Title: County Attorney Date: 5/7/2013 11:51:08 AM Name: OchsLeo Title: County Manager Date: 5/7/2013 1:11:25 PM Packet Page -3055- 5/14/2013 16. D.11. 5/14/2013 16. D.11. Grant # - B- 09 -UC -12 -0016 CFDA/CSFA# - 14.218 Subrecipient — Goodwill Industries of Southwest Florida, Inc. DUNS # - 152823662 FETI # - 59- 6196141 FY End 12/31 Monitorin Deadline 9/30/2018 AGREEMENT BETWEEN COLLIER COUNTY AND GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. THIS AGREEMENT is made and entered into this 14th day of May, 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Goodwill Industries of Southwest Florida, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 4940 Bayline Drive, North Fort Myers, FL 33917. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use. Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; 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 low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 1 of 30 Packet Page - 3056 - G 5/14/2013 16. D.11. April 15, 2013; and WHEREAS, on May 14, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $32,949.00 to Goodwill Industries to provide a— Micro - Enterprise Program; 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 CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: FY2009 -2010 Amended Action Plan identified and approved the project to Goodwill Industries for the following: Project Component One: Micro - Enterprise Program that will consist of two (2) 12- session -6- week business and management training courses. Proiect Component Two: Funding costs will include but not limited to the following expenses: Personnel, Operating, and consultant. Items identified for funding are outlined in the budget in Section III All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit Iow- and moderate- income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31 th day of October, 2013. 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 CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available THIRTY TWO THOUSAND NINE HUNDRED FORTY NINE DOLLARS AND NO CENTS ($32,949.00) 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 "). Goodwill industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 2 of 30 Packet Page -3057- 5/14/2013 16. D.11. The budget identified for the Micro - Enterprise Project shall be as follows: Line item Description Funds Technical Assistance/Personnel Costs _CDBG $ 10,000 Program Manager $ 10,000 520 hours _ Operating Expenses S 6,574 Program Expenses & Supplies Student/Coach - Operation Jump Start Manual $ 3,250 25 Manuals @$1635/2 classes Student Kits - Includes: $ 300 Folders, pens, calculators, (each kit include supplies for 20 students) $150 per class, holding 2 classes Facilitator Manual $ 210 Operation Jump Start -1 manual @$105 per class /2 classes Facilitator /Coach Kits - $45X10 (8 coaches & 2 facilitators) $ 450 Student Tote for class -Totes to carry books & study supplies, $ 470 $11.75 per student with 20 students per class /2 classes Shipping & Handling $ 550 First class will need Shipping first -class 2 -day which is $394, the second class will be regular delivery Frames -$6.85 by 40 students $ 274 Paper -for class and graduation certificates $ 100 Name Tags -for speakers, students, facilitators, and coaches $ 200 Supplemental Books -E Myth: Why most small businesses $ 770 Don't Work & What to Do About it- (50co ies n,$15.40 per copy /40 students) Advcrtisin /Marketin $ 5,950 Google Adwords - Search engine Advertising -$20 per day for $ 1,800 three months Collier Citizen - (weekly Collier County Newspaper) 8 weeks $ 1,800 at $200 /week: Advertise in the Spanish Radio Channel -4 weeks at $55 /week $ 2,000 Printed Materials - brochures, flyers, bag- stuffers at Goodwill $ 350 & Goodwill & Job Link Centers, Chamber of Commerce etc Travel for Personnel & Consultants $ 825 Mileage 1500 miles @$0.55 /mile Consultants $ 9,600 Facilitators) -1 per class /2 classes $2,000 $ 4,000 Goodwill IndUstrics of SW Florida, Inc. (CDS13 -02) Micro Entcrprise Program Page 3 of 30 Packet Page -3058- 1 7 5/14/2013 16.D. 11. class /2 classes @$700 $ 5,600 TOTAL $329949.00 Modifications to the "Budget and Scope" may only be made if approved in advance. 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% of a cost category and activity shall only be made with board approval. All services specified in Section 1. 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 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 pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. 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. 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. 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: Deliverable Payment Schedule Project Component One: Micro - Enterprise Submission of monthly invoices and Program that will consist of two (2) 12- submission of supporting documents must session -6 -week business and management be provided as back up as evidenced by training courses and; i.e. sign in sheets, and additional Project Component Two: Funding costs documents as needed will include but not limited to the following expenses: Personnel, Operating, and Final 10% ($3,294.90) released upon consultant. documentation of 2 classes completed and a minimum of 40 persons served This funding will benefit a minimum of 40 N/A low - moderate income individuals in Collier County. Goodwill Industries of SW Florida. Inc. (CD513 -02) Micro Enterprisc Program Page 4 of 30 Packet Page -3059- 5/14/2013 16. D.11. Goodwill Staff will manage the creation and NIA maintenance of income eligibility files on clients served Submission of Quarterly Reports (attached N/A as Exhibit "D IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mail to: RosaMunoz(u.,Collier og v.net 239 - 252 -5713 SUBRECIPIENT ATTENTION: Fred Richards, VP of Career Development Services Goodwill Industries of Southwest Florida, Inc. 4940 Bayline Drive North Fort Myers, FL 33917 mai Ito: fredrichards (rr),goodwiIlswfl.org 239 -995 -2106 ext 2204 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Fluids 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 Iiability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS Goodwill Industries of SW Florida, Inc (CDS 13 -02) Micro Enterprise Program Page 5 of 30 Packet Page -3060- {�'�� 5/14/2013 16. D.11. No pain 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 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. 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 STIBRFCIPIENT 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 Grantee shall be exempt fi•om 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 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. 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. Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 6 of 30 Packet Page -3061- <'� 5/14/2013 16. D.11. 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, costs, and causes of action which rnay 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 wrongfitl 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 tennination 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. F. 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 Ietters 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. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 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; Goodwill Industries oCSW rlorida. Inc. (CDs 13 -02) Micro Enterprise Program Page 7 of 30 Packet Page -3062- ,,\ 5/14/2013 16. D.11. 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, 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 tennination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VIL 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 CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT'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 CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess -of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) 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 -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIFNT upon acquisition subject to the conditions outlined in 24 CFR 84.35. Goodwill Industries of'SW Florida, Inc. (CDS 13-02) Micro Enlcrprisc Program Page 8 of 30 Packet Page -3063- �� 5/14/2013 16. D.11. VIII, INSURANCE SUBRECIPIENT shalt 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 570.502 and 570.506 to detennine 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: B. DOCUMENTATION AND RECORDKEEPING I. All records required by CDBG. 2. 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. 3. 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 four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) 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. 4. 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 Goodwill Industries of SW Florida, Inc. (CI)S13 -02) Micro Enterprise Programn Page 9 of 30 ("�_• Packet Page -3064- 5/14/2013 16. D.11. Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 5. 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 [-IUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. 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 to the COUNTY on the 15'h 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 "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program 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. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) 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 (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 1 -11 -IVS or HUD. Goodwill Industries of SW Florida, Inc, (CDS 13 -02) Micro Enterprise Progmrn Page 10 of 30 Packet Page - 3065 - ; "� 5/14/2013 16.D.11. D. ADDITIONAL MOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E, PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in confo> mitt' with the thresholds of Collier County Purchasing Policy. Purchacirnv Threchnlrl Pnl;ev Dollar Range( �— Quotes Under$3K Above $3K to $I OK I Written Quote 3 Written Quotes_! Above $1 OK to $5OK r _ 3 Written Quotes Request for Proposal (RFP) Above $50K Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall snake available all records, documentation and any other data relating to all matters covered by. the Agreement for review, inspection or audit. G. 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, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. 1I. 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.3, the SUBREICPIENT shall comply with Section l ] 9.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS Goodwill Industries of SW Florida, Inc, (CI S 13-02) Kew Enterprise Program Page 11 of 30 Packet Page -3066- 5/14/2013 16. D.11. 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. 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 concenis 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. 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. PROGRAM BENEFICIARIES At Ieast 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 "D" of this Agreement. D. 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 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. E. CONFLICT OF INTEREST Goodwill Industries of SW Florida, Inc. (CDs 13 -02) Micro Enterprise Program Page 12 of 30 Packet Page -3067- ~. 5/14/2013 16.D.11. 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 SUBRECIPIEN"1' 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, XI. CONDITIONS FOR 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 fiends 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. 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. Goodwill Industries oI'SW Florida, Inc. (CDS13 -02) Micro Enterprise Program Page 13 of 30 Packet Page -3068 - /r J� 5/14/2013 16. D.11. WT NF,SS WHEREOF. the Sub rcipient and the County. have each,, rye pwinly. by an authotized person car agent- herettrAlm set their ,-q and steahs on this 14th day or May, 201-3, A -1---S ° BOARD OF COUt«7Y COMMISSIONERS OF D-%gGH E-. BROCK, C.t_r COLLIF_.R COUNTY, FI ORI A (AII-.) B: tTEOR IA A. H[L EY, ESQ.. CHAITWOMANI C. Rk- Fred Richards Fred Richards VP of Ca=r I)c-vcjgpMcnt Servjgy ubm6pknt N=r— and, Titi Approvod as to form and legal su ckncy: } +.ni€rr 13, Whig ASSI=Ta Counly, Attom Mfera F t t'rc r t Pa a :tit o-f 0 Packet Page - 3069 -. 5/14/2013 16. D.11. EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida 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 SUBRECIPEINT 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) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. Goodwill Indust.rics of SW Florida, Inc. (CDS 13-02) Micro Enterprise Program Page 15 of 30 Packet Page -3070- . �: 5/14/2013 16.D. 11. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION /MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less that $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 "A11 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. Goodwill Industries of SW Florida, Inc. (CDS13 -02) Micro Enterprise Program Page 16 of 30 Packet Page -3071- 5/14/2013 16. D.11. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Goodwill Industries of Southwest Florida, Inc. Sub recipient Address: 4940 Bayline Drive, North Fort Myers, FL 33917 Project Name: SWFL Micro - Enterprise Program Project No: CDS 13 -02 Payment Request # Dollar Amount Requested: S SECTION [I: 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 S32.949.00 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Authorizing Grant Coordinator Supervisor Dept Director Goodwill Industries of SW Florida, Inc, WDS 13 -02) Micro Fnterprtse Program Signature Date Title (approval authority under $14,999) (approval required $15,000 and above) Page 17 of 30 Packet Page -3072- 5/14/2013 16. D.11. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 — Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. Witness: BY: Services_ Print name and title STATE OF COUNTY OF Goodwill Industries of Southwest Florida, Inc. IC ITS: VP of Career Development DATE: The foregoing instrument was acknowledged before me this day of _ , 20_, by , as of A Choose Not -For- Profit, or Corporation or Municipality on behalf of Choose Not -For- Profit, Corporation or Municipality . He /She is personally known to ine OR has produced as identification and who did (did not) take an oath. My Commission Expires: Printed) (AFFIX OFFICIAL SEAL) Goodwill Indusiries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program (Signature) Name: Notary Public, State of: Commission No.: Page 18 of 30 Packet Page -3073- (Legibly EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report Agency Name: Goodwill Industries of Southwest Florida, Inc. Project Title: Micro- Enterprise Program Program Contact: Fred Richards, VP of Career Development Services Telephone Number: (239) 995 -2106 'REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): ❑ 01/31113 5/14/2013 16.D.11. Date: 04/2312013 Alternate Contact: Elliott Rittenhouse D ❑ ❑ ❑ 04/30113 07131113 10131114 Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of April 23, 2013. Please list the outcome goal(s) from your approved application & sub - recipient agreement and indicate your progress in meeting 1. those goals since November 13, 2012. A. Outcome Goals: list the outcome goal(s) from your approved application & sub - recipient agreement. Outcome 1: Two six week Micro- Enterprise Entrepreneur Classes in between May and September, 2013. Outcome 2: Outcome 3: Outcome 4: A.t..n..,e A- B. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Goodwill Industrics of SW Florida, Inc. (GDS 13 -02) Micro Entcrprise Program Page 19 of 30 Packet Page -3074- Z' 3. a. b. C. 4. 5/14/2013 16. D.11. WK Is this project still in compliance with the original project schedule? If more than 2 months behind schedule, must submit a n:. - timeline for approval. Yes No If no, explain: Since October 1, 2012, of the persons assisted, how many.... ...now have new access (continuing) to this service or benefit? 0 ... now has improved access to this service or benefit? 0 ... now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 What funding sources are applied for this period I program ear? Goodwill Indusbies of SW Florida, Inc. (CUS 13 -02) Micro Enterprise Program Page 20 of 30 Packet Page -3075 - Section 108 Loan Guarantee - HOPWA Other Consolidated Plan Funds CQBG - Other Federal Funds - ESG - S $ State 1 Local Funds - HOME - Total $ Entitlement $ Total Other Funds - Funds Goodwill Indusbies of SW Florida, Inc. (CUS 13 -02) Micro Enterprise Program Page 20 of 30 Packet Page -3075 - 5/14/2013 16. D.11. EXHIBIT "D" QUARTERLY PROGRESS REPORT Goodwill Industries of SW Florida [le. (CDS 13 -42) Micro Enterprise Program Page 21 of 30 Packet Page -3076- 5/14/2013 16. D.11. r s. 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: O b. Total No. of adult males served: 0 Total No. of males served under 18: 0 TOTAL: 0 TOTAL: 0 C. Total No. of familles served: 0 Total No. of female head of household: 0 s. What is the total number of UNDUPLICATED clients served since October, if applicable? a. Total number of adult females served: 0 Total number of females served under 18: 0 b. Total number of adult males served: 0 Total number of males served under 18: 0 TOTAL: 0 TOTAL: 0 C. Total No, of families served: 0 Total No. of female head of household: D ' Complete EITHER question 07 OR #8. Complete question #7 If your program only serves clients in one or more of the listed HUE) 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: e. OTHER BENEFICIARY DATA: INCOME RANGE Indicate the total number of fJNDUPLfCATED persons served since October 1 who fail Into indicate the total number of 3LNDUPLICQTF_D 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 #B) Report as: Report as: 0 Abused Children 0 Extremely low Income (0 -30 %) 0 Homeless Person 0 Low Income (31 -50 %) 0 Battered Spouses 0 Moderate Income (51-80%) 0 Persons w/ HIV /AIDS 0 Above Moderate Income ( >So %) 0 Elderly Persons o Veterans 0 Chronically/ Mentally ill 0 Physically Disabled Adults 0 Other -Youth TOTAL: 0 TOTAL: 0 9. Racial & Ethnic Data: if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how many persons in-each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White ; of whom, how many are Hispanic? Black/African American 0 0 ; of whom, how many are Hispanic.? Asian 0 0 ; of whom, how many are Hispanic? American Indian /Alaska Native 0 0 ; of whom, how many are Hispanic? Native I -lawallan /Other Pacific Islander 0 0' ; of whom, how many are Hispanic? American Indian /Alaskan Native & While o 0 ;of whom, how many are Hispanic? BlacktAfrican American & White 0 0 ; or whom, how many are Hispanic? Am. Indian/Alaska Native & Black/African Am. 0 0 ; of whom, how many are Hispanic? Other Multi - racial 0 0 ; ofwhom, how many are Hispanic? Other 0 0 of whom, how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Title: Goodwill Industries of SW Florida, Itic. (CDS13 -()2) Micro Entcrprise Program Signature: Your tyeme here represents your a ec Tonic signature Page 22 of 30 Packet Page -3077- ' , 5/14/2013 16. D.11. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Governments, and Non- Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign d date this form. Sub recipient Goodwill Industries of Southwest Florida, Fiscal Year Name 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 F— 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 X 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. 611VIV.7C Q %,Vt.ry V1 NIC IG.11ju11SC, imiu GurryuLiye action pian.1 Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 23 of 30 Packet Page -3078- _ 4) 5/14/2013 16.D.11. EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title V1 of the Civil Rights Act of 1964 as amended, Title VI11 of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. Title V1I of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 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 Goodwill Industries orSW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 24 of 30 Packet Page -3079 - 5/14/2013 16.D.11. 1.968, 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 Iow- 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. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 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)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Goodwill industries of SW Florida, Inc. (CD513 -02) Micro Enicrprise Program Page 25 of 30 Packet Page -3080- 5/14/2013 16.D.11. 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 Amendments Act of 1988. 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: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in malting payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; c Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; c Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro -rated to reflect the extent to which CDBG funds-were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.35, Supplies and other Expendable Property; 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 four 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 Goodwill Industries of SW Florida, Inc. (CDS 13 -02) Micro Enterprise Program Page 26 of 30 Packet Page -3081- 5/14/2013 16. D.11. 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 SUBRECIP1ENTs 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. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 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. 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. 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 Statues. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20t1i Judicial Cow-t 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 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. Goodwill 1ndUSlrleS of SW Florida, Inc. (CDS 13 -02) Micro Eniciprisc Program Page 27 of 30 Packet Page -3082- 5/14/2013 16.D.11. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as leaving 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. 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. 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 tbrth 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 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any Iower 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. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 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 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty Goodwill Industries of SW Plorida, Inc. (CDS 13 -02) Micro Enterprise Program Page 28 of 30 Packet Page -3083- 5/14/2013 16.D.11. (180) days after the end of the SUBRECIP I ENVs fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -] 33, 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. 33. 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. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the Ianguage of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. Goodwill Industries of SW Florida, Inc. (CDs 13 -02) Micro Enterprise Program Page 29 of 30 f� Packet Page -3084- 5/14/2013 16.D. 11. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021 Records Retention Goodwill Industries of SW Florida, Inc. WDS13 -o2) Micro Enterprisc Program Page 30 of 30 Packet Page -3085- 5/14/2013 16. D.11. Grant # - B- 09 -UC -12 -0016 & B- 10 -UC -12 -0016 CFDA/CSFA# - 14.218 Subrecipient — Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services DUNS # - 849855549 FETI # - 59- 2716833 FY END -12 -31 Monitoring Deadline 9 -30 -18 AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE NON - PROFIT HOUSING, INC. d/b /a IMMOKALEE HOUSING & FAMILY SERVICES SANDERS PINES PLAYGROUND UPGRADES THIS AGREEMENT is made and entered into this 14th day of May 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the " Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 2449 Sanders Pines Circle, Immokalee, FL 34142. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive ,entitlement funds from these grant programs to operate the COUNT)N housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; 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 low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services CDBG (CDs 13 -04) Sanders Pines Playground Upgrades Page 1 of 27 G Packet Page -3086- 5/14/2013 16. D.11. the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through April 15, 2013; and WHEREAS, on May 14, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $13,500 to Immokalee Non- Profit Housing, Inc. d /b /a Immokalee Housing & Family Services for Community Center Upgrades located at 2449 Sanders Pines Circle, Immokalee, Fl 34142; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: 1. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program outlined as follows: The FY 2009 -2010 and 2010 -2011 Amended Annual Action Plans provides for rehabilitation upgrades to Sanders Pines, Project Component #l: The purchase, replacement, installation, disposal and shipping costs of playground equipment including park benches not to exceed 8, picnic tables not to exceed 2, 1 installed playground border as required by the Department of Children and Families (DCF) and bicycle racks not to exceed 4. Project Component #2: The purchase, replacement, installation, disposal and shipping costs of multifamily mailboxes not to exceed 3. Specifically, improvements identified for funding are outlined in the budget in Section III. The detailed project scope will be contained in the schedule of values awarded. The project's invoices will include details sufficient to document the number, amount and costs associated with all activities for payment. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services CDBG (CDs 13 -04) Sanders Pines Playground Upgrades Page 2 of 27 Packet Page - 3087 - d�'� 5/14/2013 16. D.11. II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31st day of October, 2013. 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 CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available THIRTEEN THOUSAND FIVE HUNDRED DOLLARS ($13,500) for the use by the SUBRECIPIENT for SANDERS PINES PLAYGROUND UPGRADES during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). The SUBRECIPIENT project budget shall be as follows: Line Item Description CDBG Funds Project Component #1 -playground equipment $10,315 Project Component #2- Mailboxes $ 3,185 TOTAL $13,500 Modifications to the "Budget and Scope" may only be made if approved in advance. 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% of a cost category and activity shall be made with board approval. All improvements 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 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 HI-iVS, 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 pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. 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. 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. 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 Governinent Prompt Payment Act." Immokalee Non - Profit Housing, Ine. d/b /a .mmokalee Housing & Family Serviees CDBG (CDS 13-04) Sanders Pines Playground Upgrades Page 3 of 27 Packet Page -3088- �A� 5/14/2013 16. D.11. The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Project Component #1- Submission of monthly invoices on AIA Playground equipment G702 -1992 form or equivalent document. Final 10% ($1,031.50) released upon documentation of playground equipment complete. Supporting documents of payment must be provided as backup. Project Component #2- Submission of monthly invoices on AIA Mailboxes G702 -1992 form or equivalent document. Final 10% ($318.50) released upon documentation of Mailboxes installed and complete. Supporting documents of payment must be provided as back up. Individuals Served Proof that a minimum of 41 N/A families are served via exhibit D and supporting documents quarterly Annual submittal of asset N/A inventory for equipment purchased. IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid); commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Sandra Marrero, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 (239)252 -2399 sandramarrero @colliergov.net SUBRECIPIENT ATTENTION: Susan Golden, Executive Director Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services 2449 Sanders Pines Circle Immokalee, FL 34142 (239)687 -8333 Sgolden @ihfservices.org Immokalee Mon- Profit Housing, Inc. d/b /a Immokalee Housing & Family Services CDBG (CDs 13 -04) Sanders Pines Playground Upgrades Page 4 of 27 Packet Page -3089- IN 5/14/2013 16. D.11. V. ADDITIONAL CONDITIONS AND COMPENSATION 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. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. 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. 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. Unless otherwise provided by the Scope of Services, 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. Immokalee Non -Profit Housing, Inc, d/b /a mmokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 5 of 27 G Packet Page -3090- 5/14/2013 16. D.11. 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 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. 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 this 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, 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 Statutes. F. 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" Immokalee Non- Profit Housing, Inc. d/b /a lmmokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 6 of 27 Packet Page -3091- G 5/14/2013 16. D.11. 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. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 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 funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, 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 termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. 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 CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT'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 CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) 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 Immokalee Non- Profil !-lousing, Inc. d /b /a Immokalcc Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 7 of 27 Packet Page -3092- ��' 5/14/2013 16. D.11. 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 -CDBG funds for the acquisition of or improvements to, theme property. No payment is required after the period of time specified in subsection (a). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 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 shaIl 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: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG. 2. 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. 3. 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 four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) 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 Immokalee Non - Profit Housing, Ine. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 8 of 27 Packet Page - 3093 s 5/14/2013 16. D.11. 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. 4. 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. 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. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. 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 to the COUNTY on the I5th 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 "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program 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. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) 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 (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 Immokalee Non - Profit Housing, Inc. dlbla mmokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 9 of 27 Packet Page -3094- 5/14/2013 16. D.11. 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. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUE REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasina Threshold Policy Dollar Range $ Quotes Under $3K 1 Written Quote Above $3K to $ l OK 3 Written Quotes Above $ l OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. 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, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) 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, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Serviees CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 10 of 27 Packet Page -3095- 5/14/2013 16. D.11. 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. 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. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIFNT 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. C. 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. D. 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 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. Immokalee Non - Profit. Housing, Inc. d/b /a mmokalee Housing & Family Services CDBG (CDs 13 -04) Sanders Pines Playground Upgrades Page 11 of 27 Packet Page -3096- r`� 5/14/2013 16.D.1 1. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any function or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in th. 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 570.6)l "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. XI. CONDITIONS FOR 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. 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. Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CD5 13 -04) Sanders Pines Playground Upgrades Page 12 of 27 Packet Page -3097- ��r�% 5/14/2013 16. D.11. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Dated: (SEAL) Immokalee Non -Profit Housing, Inc. d /b /a imokalee Housing & Family Services _DBG (CDS 13 -04) IN GEORGIA A. HILLER, ESQ., CHAIRWOMAN IMMOKALEE NON - PROFIT HOUSING, INC. d /b /a IMMOKALEE HOUSING & FAMILY SERVICES Susan M. Golden Susan M. Golden, Executive Director Approved as to form and legal sufficiency: Jennifer B. White, Assistant County Attorney I v Sanders Pines Playground Upgrades Page 13 of 27 Packet Page -3098- �,A� Y 5/14/2013 16. D.11. 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 Iess 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 SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the foIlowing 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. 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 Immokalee Non - Profit Housing, Inc. d /b /a , Immokalee Housing & Family Services CDBG (CDS 13 -04) Sandcrs Pines Playground Upgrades Page 14 of 27 Packet Page -3099- t3CA 5/14/2013 16. D.11. 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 that $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. Immokalee Non - Profit Housing, Inc. d /b /a mmokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pincs Playground Upgrades Page 15 of 27 Packet Page -3100- 9 5/14/2013 16.D.11. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Immokalee Non -Profit Housing Inc d/b /a Immokalee Housing & Family Services Sub recipient Address: 2449 Sander Pines Circle. Immokalee FL 34142 Project Name: Sanders Pines Playground Upgrades Project No: CDS 13 -04 Payment Request # Dollar Amount Requested: $ 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. Current Grant Balance (initial Grant Amount Awarded Less Sum of all requests) $ 13,500 $ $ 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. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor_ Dept Director Immokalee Non - Profit Housing, Inc, d/b /a Immokalee Housing & Family Services CD13G (CDS 13 -04) Sanders Pines Playground Upgrades Date (approval authority under $14,999) (approval required $15,000 and above) Page 16 of 27 Packet Page -3101- G - 5/14/2013 16.D.11. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713,02 Part 1 — Waiver or Release of Liens This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. Witness: ! Print name and title STATE OF COUNTY OF Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services 1: ITS: Executive Director DATE: The foregoing instrument was acknowledged before me this day of , 20_, by as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not -For - Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services CDBG (CDs 13 -04) Sanders Pines Playground Upgrades (Signature) Name: (Legibly Printed) Notary Public, State of: _ Commission No.: Page 17 of 27 Packet Page -3102- EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub- recipients: Please fill in the following shaded areas of the report Immokalee Non - Profit Housing, In d /b /a Agency Name: 5/14/2013 16. D.11. Date: .. Alternate Contact: 'REPORT FOR QUARTER ENDING: (check one that applies to the El J- corresponding grant period): ❑7131/13 10/31113 . 0 Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of May 14, 2013. Please list the outcome.goai(s) from your approved application & sub - recipient agreement and indicate your progress to meeting_.those 1. Lgoals since Mav 14, 2013. A. Outcome Outcome 1; .Outcome 2 Outcome 3: Outcome 4:. Is this project still in compliance with the original project schedule? If more than 2 months behind schedule, must submit anew timeline 2. for approval. Immokalee Non - Profit Housing, Inc. dlb /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 18 of 27 Packet Page -3103- Yes If no, explain: 3. 1 Since May 14, 2013, of the how many.... O No 5/14/2013 16. D.11. a. ...now have new access (continuing) to this service or benefit? 4 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. 1 What funding sources are apl Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds Total Other Funds Immokalee Non - Profit Housing, lne, d /b /a mmokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades this period 1 $ Page 19 of 27 Packet Page -3104- HOPWA CDBG ESG HOME Total Entitlement $ Funds - 0) S. What is the iftaf number of UNI a. Total No. of adult females served: b. Total No. of adult males served: C. Total No. of families served: Q . -, TOTAL C. Total Plc of (an lies served: S. what is the total number of UNI EXHIBIT "D" REPO b": ?' Total No of females served under 18: -D +' Total No. of males served under 18: 0 TOTAL: 0 .:0 ?; : Total No. of female head of househoid: 5/14/2013 16. D.11. e. Total number of adult females served.; D+ Total number of females served under 18, b. Total comber of adult males served D ` ': Total number of males served under TOTAL: 0 TOTAL: 0 C. Total No. of families served: Q . -, ! Total No. of female head of household, Q '' Complete EITHER question t7 OR M. Complete question 97 B your program only serves cl ents in one or more of the listed HUD Presumed Benefit cal" ies. Complete question M8 if any client in your program does not fall into a Presumed Be n:lit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. T. firmuMED BENEFICIARY DATA., 8. OTHER 19ENEFICIARY11ATA INCOME RANGE Indicate the total number of UNDUPLICATED persons served since October 1 who fall Into Indicate the total number of L1NDLr� persona each presumed benefit category (the total Served since October 1 who fall into each Income should aqua! the totel in question 116); category (the iotal shoWd equal the total in question 0); Report as; Report as: D Abused ChlMren Erdramely low income (0-30%) D ` Homeless Person D..' -• Low Income (31 -50%) ,...0 ' Battered Spouses .,, -{J, �.` Arbderate Income (51 -80%) Parsons w/ HNlAIDS Above Modersie Intone ( >80 %) Elderly Persons 0 Veterans CrvoncallylMentalyit 0 Physically Disabled Adults 0. Other -Youth TOTAL: 0 TOTAL: 0 9. Racial B Ethnlo 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 While ; of whom, howv merry are Hispanic? BlacklAfrican American 0 0 '; of whom, how many are Hispanic? Asian A ; of wham, how many are Hispanic? American trtcVanrA asks Native of whom, how many are Hispanic? Naive hfewaoaNOther Pacify intender 0 a ; of whom, how many are Hispanic? American hdiaNNaskan Native 8 While D 0 '': of whom, how many are Hispanic? BlacWfncan American 8 White 0 0 =`; of wtarn, haw many are Hispanic? Am. IndianlAlaske Native & BIacWAfrican Am D - D , ; of whom, tow many are Hispanic? Other Wlikracial D W: of wham, how many are Hispanic? 081ar 0. ; of whom, Few m ny are Hispanic? TOTAL: 0 D TOTAL HISPANIC Name: Title: Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades signature: Your typed name here represerds your signature Page 20 of 27 Packet Page -3105- C-4 r; 5/14/2013 16. D.11. EXHIBIT "E" 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, sin and date this form. Sub recipient Immokalee Non - Profit Housing, Inc. Fiscal Year Name d /b /a Period Immokalee Housing & Family Services Total State Financial Assistance Expended during most recent) 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 federal /state expenditure threshold for the fiscal year indicated above ❑ Are a for -profit organization O Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. ..WMWa , N.`avc a 4.LPJJy VI LIM FCS UFFSC, anG cvrFvuxive acaon pian.1 Certification Statement I hereby certify that the above information is true and accurate. I Signature Date Print Name and Title lmmokaiee Non -Profit Housing, Inc. d /b /a nmokaiee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 21 of 27 Packet Page -3106- ��;r) 5/14/2013 16. D.11. EXHIBIT "F" LOCAL AND FEDERAL RULES REGULATIONS AND LAWS ldftk 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 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, Title V111 of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 1 1063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 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 Immokalee Non -Profit Housing, Inc. d /b /a Immokaiee Housing & Family Services CDBG (CDS I3 -04) Sanders Pines Playground Upgrades Page 22 of 27 (C Packet Page -3107- 5/14/2013 16. D.11. 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. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 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 13 5.11(c)). 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. Immokalee Non -Profit Housing, Inc. d/b /a Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 23 of 27 Packet Page -3108- ;\J 5/14/2013 16. D.11. 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Highe. 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 CDBG SUBRECIPIENTs shall follov 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall foIlov 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 (pra 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 b( transferred to the recipient for the CDBG 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) applie: with the following exceptions: • The retention period referenced in 84,53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance anc evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity h 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: shall comply with 570.503(b)(7); and • Subpart D — After -the -Award Requirements —except for 84.71, Closeout Procedures no 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. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Serviccs CDBG (CDs I3 -04) Sanders Pines Playground Upgrades Page 24 of 27 Packet Page -3109- 5/14/2013 16. D.11. of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 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. 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 talce 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 - malting 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 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 125I, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K, 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 sett forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as Immokalee Non - Profit. Housing, Ine. d /b /a Immokalee Housing & Family Serviees CDHG (CDs 13 -04) Sanders Pines Playground Upgrades Page 25 of 27 Packet Page -3110- :� 5/14/2013 16. D.11. they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation an demolition of historic properties that are fifty years old or older or that are included on a federal, state oc 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 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local Povemments, and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local lZovernment) 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 32. 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. 33. 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.I01, 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. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. Immokalee Non- Profit Housing, Inc. d /bla Immokalee Housing & Family Services CDBG (CDS 13 -04) Sanders Pines Playground Upgrades Page 26 of 27 Packet Page -3111- 5/14/2013 16. D.11. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S, General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes, 119.021 Records Retention Immokalee Non -Profit Housing, Inc. d/b /a ,mmokalee Blousing & Family Services CDBC (CDs 13 -04) Sanders Pines Playground Upgrades Page 27 of 27 Packet Page -3112- 5/14/2013 16.D.1 1. Grant # - B- 11 -UC -12 -0016 CFDA/CSFA# - 14.218 Subreci ient — CCHA DUNS # - 040977514 - FETI # - 59- 1490555 FY End 09/30 Monitoring Deadline 9 -30 -2018 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY, INC. (CCHA) THIS AGREEMENT is made and entered into this 14th day of May, 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the `Collier County Housing Authority, Inc. a special independent district of the State of Florida, created in accordance with Florida Statute Section 421.27 et seq. having its principal office at 1800 Farmworkers Way, Immokalee, Florida 34142 and with offices at 5251 Golden Gate Parkway, Naples, FL 34116 WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's`housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; 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 low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through April 15, 2013; and ia WHEREAS, on May 14, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $144,811 to the Collier County Housing Collier County Housing Authority (CDS13 -05) HVAC/ Phase A -13 and .: Electrical Panels in Phase A Pagel of 31 Packet Page -3113- CA 5/14/2013 16.D. 11. Authority located at 1800 Farmworker Way, Immokalee, FL 34142; 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 CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: FY2011 -2012 Amended Action Plan identified and approved the project to the Collier County Housing Authority (CCHA) for the following: Project Component One: labor and installation of thirteen (13) HVAC systems in 13 one - bedroom housing units in the Phase A Development and thirteen (13) HVAC systems in 13 two- bedroom housing units in the Phase B Development. Project Component Two: labor, installation and replacement of outdated electrical panels including re- wiring of the housing unit in the Phase A Development. Items identified for funding are outlined in the budget in Section I1I. 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. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 11. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31th day of October, 2013. 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 CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED FORTY FOUR THOUSAND, EIGHT HUNDRED AND ELEVEN DOLLARS ($144,811) 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 "). — ollier County Housing Authority DS 13 -05) �iVAC/ Phase A -B and Electrical Panels in Phase A Page 2 of 31 Packet Page -3114- 2 5/14/2013 16. D.11. The budget identified for the HVAC systems and Electrical Panels shall be as follows: Line Item Description CDBG Funds Proiect Component One: labor and installation of thirteen (13) $ 46,917 HVAC systems in 13 one - bedroom housing units in the Phase A Development and; Labor and installation of thirteen (13) HVAC systems in 13 two- $ 48,867 bedroom housing units in the Phase B Development _Project Component Two: labor, installation and replacement of $ 49,027 outdated electrical panels in the 13 one - bedroom housing units and re- wiring of each unit TOTAL $144,811 Modifications to the "Budget and Scope" may only be made if approved in advance. 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% of a cost category and activity shall only be made with board approval. All services specified in Section 1. 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 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 pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. 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. 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 fi-om the Grant Coordinator will not be reimbursed. 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." Collier County Housing Authority (CDS 13 -05) HVAC/ Phase A -13 and Electrical Panels in Phase A Page 3 of 31 Packet Page -3115- 5/14/2013 16. D.11. The following table details the project deliverables and payment schedule: Deliverable Payment Schedule rhousing ponent One: labor and installation of Submission of monthly invoices using ) HVAC. systems in 13 one - bedroom Exhibit B ts and installation of thirteen (13) HVAC systems in 13 two - bedroom housing units and; Submission of supporting documents must be provided as back up as Project Component Two: labor, installation and evidenced by but not limited to replacement of outdated electrical panels includes re- demonstration of HVAC and electrical wiring in the thirteen (13) one - bedroom housing units installation i.e. photos Submission of monthly invoices on AIA G702 -1992 fornz (attached as Exhibit "G ") or equivalent document per contractor's Schedule of Values Supporting documents must be provided as backup Copy of a permitted final inspection Final 10% ($14,481.10) released upon Certificate of Completion, final waiver of lien from general contractor and documentation of a minimum of 26 LMA households served. This funding will benefit twenty -six low income N/A households in Farmworker Village located in Immokalee, Florida. CCHA staff will manage the creation and maintenance N/A of income eligibility files on clients served and documentation that all households are at or below 80% of Median Family Income or (MFI) under HUD Income Guidelines Quarterly submission of Exhibit D NIA Inventory N/A Submit to H14VS annually 9/30 for five years W. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Collier County Housing Authority 'DSI3 -05) AD Phase A -B and L.iectrical Panels in Phase A Page 4 of 31 Packet Page -3116- a 5/14/2013 16. D.11. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:RosaMunoz.c Collier ov net 239- 252 -5713 SUBRECIPIENT ATTENTION: Essie Serrata, Executive Director Collier County Housing Authority, Inc. 1800 Farmworker Village Immokalee, FL 34142 mailto :ESerrata(a).cchafl ora 239 -657 -3649 V. ADDITIONAL, CONDITIONS AND COMPENSATION 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. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. 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. 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 Collier Count), Housing Authority (CDS13 -05) HVAC/ Phase A: B and Electrical Panels in Phase A Page 5 of 31 Packet Page -3117- t= 5/14/2013 16. D.11. 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 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. 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 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. 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, 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 Collier County Housing Authority }S13 -O5) AC/ Phase A -B and Electrical Panels in Phase A Page 6 of 31 Packet Page -3118- (2 5/14/2013 16. D.11. 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. F. 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 Ivey information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 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 funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, 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 termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Collier County Housing Authority (CDSI3 -05) HVAC/ Phase A -B and Electrical Panels in Phase A Page 7 of 31 Packet Page - 3119 -` �l� 5/14/2013 16.D.11. 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 CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT'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 CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) 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 -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35, 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 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: B. DOCUMENTATION AND RECORDKEEPING All records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, books, records and other data Collier County Housing Authority `)S13-05) AC/ Phase A -13 and Llectrical Panels in Phase A Page 8 of 31 Packet Page - 3120 - 5/14/2013 16.D.11. 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. 3. 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 four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) 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. 4. 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. 5. 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. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. 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 to the COUNTY on the 15th 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 Collier County Housing Authority (CDS 13 -05) HVAC/ Phase A -B and Electrical Panels in Phase A Page 9 of 31 Packet Page -3121- 4� 5/14/2013 16. D.11. 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 "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program 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. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) 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 (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. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing; Threshold Policy Dollar Range $ Quotes Under $3K 1 Written Quote Above $3K to $1 OK 3 Written Quotes Above $10K to $50K 3 Written Quotes Above $50K Request for Proposals (RFP), Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM- GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any Collier County Housing Authority ,DS l 3 -05) . VAC/ Phase A -B and Electrical Panels in Phase A Page 10 of 31 Packet Page - 3122 - ! ; � ; 5/14/2013 16. D.11. activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) 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 detem-rining the custodianship of records. In addition to the records retention outlined in Section IX.B.3, the SUBREICPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. 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. 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. 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. 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 Collier County Housing Authority (CDS 13 -05) HVAC/ Phase A -B and Electrical Panels in Phase A Page 1.1 of 31 Packet Page - 3123 -� 5/14/2013 16. D.11. designated in Exhibit "D" of this Agreement. D. 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 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. E. 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 perf'orrnance 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. XI. CONDITIONS FOR 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. Collier County Housing Authority "DS 13 -05) JAG Phase A -B and Electrical Panels in Phase A Page 12 of 31 Packet Page -3124 - �r; 5/14/2013 16.D.11. 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. ,m Collier County Housing Authority (CDS 13 -05) HVAC/ Phase A -B and Electrical Panels in Phase A (Signature Page to Follow) Page 13 of 31 Packet Page -3125- ' 5/14/2013 16. D.11. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 201.3. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK, CLERK COUNTY, FLORIDA Dated: (SEAL) C Cit✓UXUTA A. HILLER, ESQ., CHAIRWOMAN COLLIER COUNTY HOUSING AUTHORITY, INC. By: Esmeralda Seirata Esmeralda Serrata Executive Director Subrecipent Name and Title Approved as to form and legal sufficiency: Jennifer B. White, Assistant County Attorney Oc Collier County housing Authority 7DS13 -05) .VAC/ Phase A -B and Electrical Panels in Phase A Page 14 of 31 Packet Page - 3126 - -�Y 5/14/2013 16. D.11. EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H 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 theow design professional shall become legally obligated to pay as damages for claims arising out of ,fr... 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) 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 under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). Collier County }lousing Authority (CDS13 -05) HVAC/ Phase A -B and Electrical Panels in Phase A Page 15 of 31 Packet Page - 3127 -, 5/14/2013 16. D.11. 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 that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Collier County Housing Authority CDS 13 -05) rl VAC / Phase A -B and Electrical Panels in Phase A Page 16 of 31 Packet Page -3128- 5/14/2013 16.D.11. EXHIBIT `B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Collier County Housing Authority, Inc. (CCHA) Sub recipient Address: 1800 Farmworker Way, Immokalee, FL 34142 Project Name: Installation of HVAC Systems in Phase A Development Project No: CDS13 -05 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $144,811 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all giant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) Collier County Housing Authority (CDS 13 -05) HVAC/ Phase A -B and Electrical Panels in Phase A Page 17 of 31 Packet Page -3129- ,( 0"1 5/14/2013 16. D.11. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part I — Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. Witness: Print name and title STATE OF COUNTY OF Collier County Housing Authority, hic. IM ITS: Executive Director DATE: The foregoing instrument was acknowledged before me this day of , 20_, by as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) tape an oath. My Commission Expires: Name: (AFFIX OFFICIAL SEAL) Collicr County Housing Authority �DS13 -05) JAC/ Phase A -B and Electrical Panels in Phase A (Signature) (Legibly Printed) Notary Public, State of Commission No.: Page 18 of 31 Packet Page -3130- a EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report Agency Name: Project Title: Program Contact:ssieeraTi. Telephone Number: jSg }5J61H m z "REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 5/14/2013 16. D.11. Contract `,. Date Alternate Contact: �t 01/31/13 04/30/13 �.; , 07!31113 10131113 , Please take note: Each ouarteriv resort needs to include cumulative fiats hr ninninn frnm thu ef.,+ of fhc ---+ l t -f A—H no nn4l Please:list the outcome�goal (s) from your.approved appiica# ion` &,sub -recipietit agreement and 3n iczate,yaurT►togress,in meeting those' 1. .goals ,sinceA ri133,2013 A. Outcome Goats: list the outcome ooaltst from vour aonroved annficatinn R cuh.reciniant �-mmnt B. ls:this;projeet sflll ln.compliance w #h, ##te original project schedule? If more than 3 months behind scheddl�e; must submit,a°new- #ima}in 2. for approval. Collier Coungr Housing Authority (CDS 13 -05) HVAC/ Phase A -B -and Electrical Panels in Phase A AOMW Page 19 of 31 Packet Page -3131- 3. a Yes If no, explain: No Since October 1,'2012, of the persons assisted, how many.... 5/14/2013 16.D.11. a. ...now have new access (continuing) to this service or benefit? (.0 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. Whatfund[ing sources are applied for this, penod t pro m, r? s 1 ' u j ,. rx �"11-111k'2'--'-- a , Section 108 Loan Guarantee lQ��a,.'""' HOPWA. EA Other Consolidated Plan Funds CDBG Other Federal Funds E ESG State /Local Funds ...'.:.... HOME ._x .:. Total $ Entitlement $ Total Other Funds - Funds Collier County Rousing Authority ^DS 13 -05) dYACl Phase A -B and Electrical Panels in Phase A Page 20 Of 31 Packet Page -3132- -' r 6. [whatle the total ntmtbe rofi1f11DUP I a. Total No. of adult females served: mr b. Total No. of adult males served: a IF, TOTAL: C. Total No. of families served: r 6. - bat- Italthe-tolal number61FAJI 7D EXHIBIT "D" Gt c`liettfs- serared�Chiis= :guar #er, if- applicable' Total No. of females served under 18: Total No, of males served under 18: 0 TOTAL: 0 'Total No. of female head of household: #Or IGi4TEfl- clients served sintra- l�cfbber, if aw�+licable� 5/14/2013 16.D.11. a. Total number of adult females served c� .,'Total number of females served under 18: fl b. Total number of adult mates served: number of males served under 18: TOTAL: 0 TOTAL: 0 C. Total No. of families served: Lv 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 m ore of the Its led HUD Presumed Benefit categories. Complete question #8 If any client in your program does not fail Into a Presumed Benefit category_ DO NOT COMPLETE BOTH (QUESTION 7 AND S. 7. NRESAJMEr)iSENERICIAitY,,DATA: 8. OTHER BENEFICIARY DATA., INCOME 'RANGE Indicate the total number of UNDUPt_tCA'TED Indicate the total number of UNDUPLICATED persons persons served since October 1 who fall into served since October 1 who fait into each income each presumed benefit category (the total category (the focal should equal the total in question #6): should equal the total in question #6) : Report as: Report as: Xi 'Abused Children " CI ;Extremely tow Income (0 -30 %) t° (Homeless Person t r O ,Low Income (31-50%) st = s - Battered Spouses t ".Moderate Income (51 -80 %) M, Persons H1V /AIDS E,_ Above Moderate Income (y80 %) `Elderly Persons "Veterans r W,, Chronically/ Mentally ill ' Physically Disabled Adults ;; Other -Youth TOTAL: 0 TOTAL: O r 9_ Racial a& F -thnic ,Data: (If'a licable) Please indicate how many UNDUPLICATED clients served since October fall Into each race category. to 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? BIacWAfricanAmerican# � ,r lk' ofwhom, how m any a re H ispanic? Asian! D y ' '40 - ; of whom, how many are Hispanic? American Indian /Alaska Native1 0; : ; of whom, how many are Hispanic? '�k�l Native Hawaiian/Other Pacific Islander y American Indian /Alaskan Native & White is -6Z of whom, how many are Hispanic? 0 ; of whom, how many are Hispanic? Black/African American &White0 of whom, how many are Hispanic? Am. Indian /Alaska Native & BlacWAfrman Am 1 � of whom, how many are Hispanic? Other Multi- racial O ' ; of whom, how many are Hispanic? Other 0, 'e '0' `; of whom, flow many are Hispanic? TOTAL: 0 O TOTAL HISPANIC Name: Title: Collier County Housing Authority (CDS 13 -05) HVAC/ Phase A -B and Electrical Panels in Phase A Signature: Your typed name here represents yourelectronic signature Page 21 of 31 Packet Page -3133- 5/14/2013 16. D.11. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A- 1.33.,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, ihave 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 n and date this form. Sub recipient Name - Collier County Housing Authority; 'Inc 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 X 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. it rinaings were notea, piease enclose a copy or the responses and corrective action Ian. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Collier County Housing Authority DSI3 -05) VAC/ Phase A -13 and Electrical Panels in Phase A Page 22 of 31 Packet Page -3134- 5/14/2013 16. D.11. EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 -The regulations prescribing the Environmental Review procedure. 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, Title V1I1 of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 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 Collier County Housing Authority (CDS 13 -05) HVAC/ Phase A -B and Electrical Panels in Phase A Page 23 of 31 Packet Page -3135- 5/14/2013 16.D.11. 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. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniforni Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14.29 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)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted proj ects. 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. Collier County Housing Authority 7DS 13 -05) .VAC/ Phase A -B and Electrical Panels in Phase A Page 24 of 31 Packet Page -3136- 5/14/2013 16. D.11. 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 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 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(g) the following applies; • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • 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 CDBG activities shall be four 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 lieu of the provisions of 84.61, CDBG 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. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 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. Collier County Housing Authority (CDS 13 -05) HVAC/ Phase A -B and Electrical Panels in Phase A Page 25 of 31 Packet Page - 3137 - 5/14/2013 16. D.11. 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. 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 terns 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, 20t1i 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 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 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. Collier County Housing Authority 7D513 -05) _VAC/ Phase A -B and Electrical Panels in Phase A Page 26 of 31 Packet Page -3138- 5/14/2013 16. D.11. 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 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever agrees to adhere to the accounting principles and procedures required therein, utilize 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 is applicable, and adequate internal 32. 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. 33. 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. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months intermediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Collier County Housing Authority (CD513 -05) HVAC/ Phase A -B anda' Electrical Panels in Phase A Page 27 of 31 Packet Page -3139- 5/14/2013 16. D.11. 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 SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021 Records Retention Collier County Housing Authority 'DS 13 -05) wAC/ Phase A -B and Electrical Panels in Phase A Page 28 of 31 Packet Page - 3140 - `�:J 5/14/2013 16. D.11. EXHIBIT "G "AIA G702 -1992 *AIADocument G702 "" -1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA Document G702, Application and Certificate for Payment, is to be used in conjunction with AIA Document G703, Continuation Sheet. These documents are designed to he used on a Project where it Contractor has a direct Agreement with the Owner. Procedures for their use are covered in AEA Document A201. General Conditions of the Contract for Construction. Use of Current Documents Prior to using any AIA Contract Document, users should consult wwvw.aia.org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work: and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does rnentber :ship in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum often copies of a completed 0702, but only for use ill connection with a particular project. The AIA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary fur users of AiA software. Licensed AIA software users should consult the End User License Agreement (EULA). To report copyright violations of AIA Contract Documents, a -nmil The American institute of Architects' legal counsel, copyrightedaia.org. COMPLETING THE G702 FORM After the Contractor has completed AiA Document G703. Continuation Sheet, suntnlary information should be transferred to AIA Document G702, Application and CeritiCaae for Payment. The Contractor should sign G702, have it notarized, and submit it. together with G703, to the Architect. The Architect should review 0702 and 6703 and, if they are acceptable, complete the Architect's Certificate for Payment on G702. The Architect may certify a different amount than that applied for, pursuant to Sections 9.5 and 9.6 of A201. The Architect should then initial all figures on 6702 and 0703 that have been changed to conform to the amount certified and attach an explanation. The completed G702 and 0703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AiA Document 0702, Application and Certificate for Payment. The completed forni contains the name and address of the Contractor. Payment should not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they arc acting (i.e., president, secretary, partner, etc.) and the authority under which they are executing the document. Where appropriate, a copy of the resolution authorizing the individual to act on behalf of thc firm or entity should be. attached. AIA Document 6702"' —1992. Copyright St 1953, 1963, 1965, 1971, 1978, 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AtAa Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AM" Document, or any portion of It, may result in severe civil and criminst penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are pemiftted to reproduce ten (10) Copies of this document when completed. To repon copyright violations of AIA Contract Documents, e-maif The American Institute of Architects legal counsel, copyright@aia.org. Collier County Housing Authority (CDS 13 -05) HVAC/ Phase A -B and Electrical Panels in Phase A Page 29 of 31 Packet Page -3141- ;%? 5/14/2013 16.D.11. Alm Document G7i. Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution to: PERIOD TO: OWNER p CONTRACT FOR: ARCHITECT 0 FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR ❑ PROJECT NOS: l ? FIELD 0 OTHER ❑ CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for pplmtent, as shown below. in connection with the Contract. Continuation Sheet. AIA Document 6701. is attached. 1. ORIGINAL CONTRACT SUM ....... _ ................. ............................... S 2. Net change by Change Orders .................. ............................... S 3. CONTRACT SUM TO DATE (Line 1121 ........... ............................... $_ 4. TOTAL COMPLETED &STORED TO DATE (Column G on G701i ............. S The undersigned Contractor certifies that to the best cf the Coninnnor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have ocen paid by the Contractor for Work for which previous Certifies for favrnent were issued and payments received from the Owrim and that current payment shoum herein is now due. CONTRACTOR: By: [date: .State of: 5. RETAINAGE: County of: a, _% of Completed Mork Subscribed and swom to before (Column 1) +E on 6703) $ ine this day of L %of Stored, Material (Column Fon G703) S Notary Public: My Commission expires Total Retain (Lines 5a + 5b or Total in Colunw 1 of G703i....... S 6. TOTAL EARNED LESS RETAINAGE ..... ............................... S (Lin 4 Less Lines Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT ...................... t (Linc 6 from prior CenificatO 8. CURRENT PAYMENT DUE .............. ............................... L" i 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 31ess Lief 6) y CHANGE ORDER SUMMARY , ADDITIONS I DEDUCTIONS Total changes approved in previous months by Owner S Is Total approved this Month S S TOTALS S Is NIT CHANGES by Chanee Order I C ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Conliact Documents, based on on-site observations and the data contprisinn this application, the Architect certifies to the Owmer that to the best of the Architect's knowledge, information acid belief the Work has proggrecsed as indicated, the quality of the Work is in accordant with the Contract Docurrnents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED ...._ ....... ...... ... ....... ................ ...,............,.............. S (Ailacheq fonation ijmurtcerftfeddors front the arnonni applied. Initial all figures on this Application and on III, Contuuution Sheel float are changed to confor n with the arnrnrnl certified. ) ARCHITECT: By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor ttamedherein. Issuance, payment and acceptance of in, ymenl are without prejudice to any rights of the 'Owner or Comractor under this Contract AIA DocrartenI G702- -1492, Copyright V 1951 1963,1965.1971. 9761983 and 1992 by The Pt eiravt fnstinrtool Archltecis. All rights reserved. 6YAnttiltG. Th b1a` Goeumm;: is pioit*d W; t1.a. Gopvtlpht acrd Immawtul ir+mt .. ttrus rtnatr remouuettor; V di- ribitf omt D! tr is Ail;' bommm, 0, nov portion of tt. Roy resat=. h wvti(" ties; and critnna€ pin Oss, arj aill t, prosmtn 10 A-_ ma strnum eat P peWble uoftr th>t 1".,, Furchasers ate permisled to reproduce len (t0l copies of this docunent wln completed. To mpartcopy thi votaticm o1 AIA Contrail Docurnents, e-mail Ine Amwan Insure of ArcMects' iega! camel, Wfo* a:oto. Collier Count), Housing Authority 'CDS 13 -05) t 1VAC1 Phase A B and Electrical Panels in Phase A Page 30 of 31 Packet Page -3142- 5/14/2013 16.D. 11. CONTINUATION SHEET AID DOCUME T G-103 (Ixmcaons on reverse side) PtGE Oi RAC-_t ALA Document G702, APPLICkTION k. \D CERTfFIXE FOR PAYMENT, APPLIC.MON NO.: containbg Contractor's signed Certification, is 2112Ched. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar, PERIOD TO: Use Column I on Contracts where mriable reminage for line items ma}, appl;, ARCHITECT'S PROJECT NO.: A E I C I D £ F G H ( 1 j WORK COMPLETED AL!1TERL4LS TOM ! ITEaf I I 5CHr7.t LLED p RES Ll' COMPLETED `!� BALkNCE TO RETkI.N.tG F ,FROM N0 DESCRIPTION OF WORT; ( 1:;LL£ PR t ?OL'S STORE, y,�D STORED WEE IG _ Cj 1 \I3H {li 1'ARiaBI_j APPLiC;TIO\ THIS PERIOD TO iD } E1 D OR E, (U -ELF) (C - G) i I I 1 � � I I f I 1 i l i t � fi AIA DOCIAt Y WM , CO\TLAIMN MT FOR G'.',' 1 1999'_ MON • .G' - ir-M2 • TH: A.% Ed ;\ M111Ti7 Or' iRCnTTCTS, t a 2\ TORS; {w INCF, a m. WAKiNGTON. DC 21 5291 • WARNING: Unkamed photocopym vales US. c *gM taws and wig $U jW1l*vArbDrtDb0RWMtM. G703 4992 rriw: CAUTION, You should use an original MA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. Collier County Housing Authority (CDS 13 -05) HVAC/ Phase A -B and Electrical Panels in Phase A Page 31 of 31 Packet Page -3143- .� a 5/14/2013 16. D.11. Grant # - B- 11 -UC -12 -0016 CFDA/CSFA# - 14.218 Subrecipient — Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services DUNS # - 849855549 FETI # - 59- 2716833 FY END -12 -31 LMonitoring Deadline 9 -30 -18 AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE NON - PROFIT HOUSING, INC. d/b /a IMMOKALEE HOUSING & FAMILY SERVICES TIMBER RIDGE (CARL J. KUEHNER) COMMUNITY CENTER UPGRADES THIS AGREEMENT is made and entered into this 14th day of May 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 2449 Sanders Pines Circle, lmmokalee, FL 34142. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; 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 low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning Immokalee Non -Profit Housing, Inc. d/b /a Immokalee Housing & Family services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 1 of 28 GPacket Page -3144- 5/14/2013 16. D.11. the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through April 15, 2013; and WHEREAS, on May 14, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $18,250 to Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services for Community Center Upgrades located at 2726 Wilton Court, Immokalee, F134142; 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 CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program outlined as follows: The FY 2011 -2012 Amended Annual Action Plan provides for rehabilitation upgrades to the Timber Ridge Community Center. Project component #l: Community Center- consisting of the purchase, replacement, installation, disposal, and shipping costs of recovering 8 deteriorating exterior awnings. Proiect Component #2: The purchase, replacement, installation, disposal and shipping costs of playground equipment including garden benches and picnic tables not to exceed 2 of each; 1 tetherball, 1 sandbox and cover; 1 seesaw, 1 climber, art easels not to exceed 4 and 1 installed playground border as required by the Department of Children and families (DCF). Proiect Component #3: The purchase, replacement, installation, disposal and shipping costs of multifamily mailboxes not to exceed 3. Specifically, improvements identified for funding are outlined in the budget in Section 111. The detailed project scope will be contained in the schedule of values awarded. The project's invoices will include details sufficient to document the number, amount and costs associated with all activities for payment. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate- income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having aparticular urgency, as defined in 24 CFR 570.208 Immokalee Non - Profit Housing, Inc. dlbla Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridgc (Car[ J. Kuehner) Community Center UpgmdesPage 2 Of 27 Packet Page -3145- CA () 5/14/2013 16.D.11. II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31st day of October, 2013. 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 CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available EIGHTEEN THOUSAND TWO HUNDRED AND FIFTY DOLLARS (S18,250) for the use by the SUBRECIPIENT for TIMBER RIDGE (CARL J. KUEHNER) COMMUNITY CENTER UPGRADES during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). The SUBRECIPIENT project budget shall be as follows: Modifications to the "Budget and Scope" may only be made if approved in advance. 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% of a cost category and activity shall be made with board approval. All improvements 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 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 pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. 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. 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. 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." Immokalee Non - Profit Housing, Inc, d/b /a mmokalec Housing & Family Services CDBG (CDS I3 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 3 of 27 Packet Page - 3146 - Ctc' Line Item Description CDBG Funds Project Component #1- Community Center - Recover awnings $6,925 Project Component 92- Playground equipment $8,215 Project Component #3- Mailboxes $3,110 TOTAL $18,250 Modifications to the "Budget and Scope" may only be made if approved in advance. 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% of a cost category and activity shall be made with board approval. All improvements 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 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 pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. 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. 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. 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." Immokalee Non - Profit Housing, Inc, d/b /a mmokalec Housing & Family Services CDBG (CDS I3 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 3 of 27 Packet Page - 3146 - Ctc' 5/14/2013 16. D.11. The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Project Component #1- Submission of monthly invoices on AIA Community Center - Recover 8 G702 -1992 form or equivalent document. awnings Final 10% (692.50) released upon documentation of awning upgrade completed. Supporting documents must be rovided as back up. Project Component #2- Submission of monthly invoices on AIA Playground equipment G702 -1992 form or equivalent document. Final 10% ($821.50) released upon documentation of playground upgrade completed. Supporting documents must be provided as back up. Project Component #3- Submission of monthly invoices on ALA Mailboxes G702 -1992 form or equivalent document. Final 10% ($311.00) released upon documentation of Mailboxes installed and complete. Supporting documents must be provided as back up. Individuals Served Proof that a minimum of 300 N/A individuals have been served via exhibit D Inventory Submittal of asset inventory N/A for equipment purchased annually IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Sandra Marrero, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 (239)252 -2399 sandramarrero@colliergov.net SUBRECIPIENT ATTENTION: Susan Golden, Executive Director Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services CDBG (CDs 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 4 of 28 Packet Page -3147- 0 5/14/2013 16.D.11. V. ADDITIONAL CONDITIONS AND COMPENSATION 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. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. 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, 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. Unless otherwise provided by the Scope of Services, 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. [mmokalce Non -Profit Housing, Inc. d /b /a nmokalee Housing & Family Services CDBG (CDs 13 -03) Timbcr Ridge (Carl J. Kuehner) Community Center UpgradesPage 5 Of 27 Packet Page - 3148 - 5/14/2013 16.D.1 1. 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 dulyAok 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. 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 Iocal 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 this 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, 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 Statutes. F. 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" Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuebner) Community Center UpgradesPage 6 of 27 Packet Page -3149- 5/14/2013 16. D.11. 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. TERMINATION In accordance with 24 CFR 85,43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 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 funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, 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 termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. 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 CDBG funds. The COUNTY's receipt of any funds on hand at the time of ternnation shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT'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 CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.90I) 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 Immokalee Non - Profit Housing, Inc. d/b /a mmokalee Housing & Family Services 'DBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 7 of 27 Packet Page -3150- .1c„ 5/14/2013 16. D.11. 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 -CDBG funds for the acquisition of or improvements to, the Aaw property. No payment is required after the period of time specified in subsection (a). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 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 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: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG. 2. 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. 3. 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 four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) 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 Immokalee Non - Profit. Housing, Inc. d /b /a Immokalce Housing & Family Serviees CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehncr) Community Center UpgradesPage 8 of 27 Packet Page - 3151 - �` 5/14/2013 16. D.11. 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. 4. 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. 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. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. 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 to the COUNTY on the 15`h 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 "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program 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. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) 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 (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. Immokalee Non- Profil Housing, Inc, d /b /a mmokalce Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 9 of 27 Packet Page' - 3152 - i(:y 5/14/2013 16. D.11. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD AWW REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policv Dollar Range $ Quotes Under $3K 1 Written Quote Above $3K to $10K 3 Written Quotes Above $I OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid IFB F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. 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, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) 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, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. Immokalee Non -Profit Housing, Inc. d/b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 10 of 27 Packet Page - 3153 - �J 5/14/2013 16. D.11. 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. 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. 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 (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. C. 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. D. 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 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. lmmokalee Non - Profit Housing, Inc. d /b /a mmokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage I I of 27 Packet Page - 3154 -i` 5/14/2013 16.D.11. E. 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. XI. CONDITIONS FOR 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. 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. (Signature Page to Follow) Immokalee Non - Profit Housing, Ine. d/b /a Immokalee Housing & Family Serviees CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 12 of 27 U Packet Page - 3155 - �. � 5/14/2013 16. D.11. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 2013. ATTEST: DWIGHT E. BROCK, CLERK Dated: (SEAL) lmmokalee Non - Profit Housing, Inc. d /b /a mmokalee Housing & Family Services CDBC (CDS 13 -03) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA C GEORGIA A. HILLER, ESQ., CHAIRWOMAN IMMOKALEE NON - PROFIT HOUSING, INC. d/b /a IMMOKALEE HOUSING & FAMILY SERVICES IN Susan M. Golden Susan M. Golden, Executive Director Approved as to form and legal sufficiency: Jennifer B. White, Assistant County Attorney Timber Ridge (Carl J. Kuehner) Community Ccnter UpgradesPage 13 of 27 Packet Page -3156- 5/14/2013 16. D.11. 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. Immokalee Non - Profit Housing, Inc. d /b /a nmokalee Housing & Family Services ,MG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Cenicr UpgradesPage 14 of 27 Packet Page -3157- 5/14/2013 16. D.11. 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 AOW 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 that $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. Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing &_ Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 15 of 27 Packet Page -3158- 5/14/2013 16. D.11. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services Sub recipient Address: 2449 Sander Pines Circle Immokalee FL 34142 Project Name: Timber Ridge (Carl J. Kuehner) Community Center Upgrades Project No: CDS 13 -03 Payment Request # Dollar Amount Requested: 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 $ 18,250 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor, Dept Director Immokalee Non -Profit Housing, Inc. d /b /a mmokalee Housing & Family Services CDBG (CDS 13 -03) (approval authority under $14,999) (approval required $15,000 and above) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 16 of 27 Packet Page -3159- ; .? 5/14/2013 16.D.11. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713,02 Part 1 — Waiver or Release of Liens This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. Witness: Print name and title STATE OF COUNTY OF Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services ITS: Executive Director DATE: The foregoing instrument was acknowledged before me this day of , 20_, by as of A Choose Not -For- Profit, or Corporation or Municipality on behalf of Choose Not- For - Profit, Corporation or Municipality . IIe /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) mmokalee Non -Prom Housing, Inc. d/b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) (Signature) Name: (Legibly Printed) Notary Public, State of: _ Commission No.: Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 17 of 27 Packet Page -3160- ICJi 5/14/2013 16. D.11. EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report Lnmokalee Nom Profit Housing, inc w dJ{�7a lmmokalee Housing &, Famiily 5e�++ices Agency Name: _ _ . Date Project Title: Timber Ridge (Carl �. Kuehaer) Coinmontty Center Upgrades '"R Alternate ' Program Contact: Susan M. Golden __. Contact: Telephone Number; (239)6.57 -$333 :.. "REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): E17131/13 '' ED 10/31113 .El Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of May 14, 2013. Please list the outcome goal(s) from your approved application & sub - recipient agreement and Indicate your progress in .meeting those 1. 1 coals since April 23 . 2013. Immokalee Non - Profit Housing, Inc. d/b /a mmokalee Housing & Family Services CDBG (CDS 13 -03) each outcome Timber Ridge (Carl J, Kuehner) Community Center UpgradesPa.ge 18 Of 27 Packet Page -3161 - 5/14/2013 16. D.11. Is this project still in compliance with the original project schedule? If more than 2 months behind schedule, must submit a new timeline 2, for auoroval. Yes If no, explain; No 3. 1 Since May 14, 2013, of the persons assisted, how manv.... Immokalce Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 19 of 27 Packet Page -3162- C . a• ...now have new access (continuing) to this service or benefit? ay" 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. What funding sources are applied for this period / program ear? Section 108 Loan Guarantee - - -� - HOPWA Other Consolidated Plan Funds CDSG Other Federal Funds ESG State / Local Funds HOME Total $ Entitlement $ Total Other Funds - Funds - Immokalce Non - Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 19 of 27 Packet Page -3162- C 5/14/2013 16.D.11. 10.141-11MAN TERLY 5. )What Is the total number of UNDUPLICATW clients servea into quarter, trappiies oal-r a. Total No, of adult females served Q Total No. of females s&ved under 18: "t) b. Total No. of adult males served: p...•.' Total No, of males served under i8: 09 TOTAL: 0 TOTAL: 0 C. Total No, of families served: 6. What is the total numbs a. Total number of adult females served. '- :, `' Total number of females served under 18: b. Total number of adUl males sarved: 0 ',' Total number of malas served under 18; 0 TOTAL: 0 TOTAL: 0 C. Total No. of families served: 0 `: ` Total No. of female head of household: 0 , Complete EITHER question 01177 OR q8. Complete question 07 if your program only serves clients in one or more of the Wed HUD Presumed Benefit categories. Complete question 08 if any client In your program does rat fall Into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PRESUMED BENEFICIARY DATA. B. OTHER BENEFICIARY DATA' INCOMfE RANGE Indicate the total number of UNntlw ICATEn Indicate the total number _n parsons persona served since October 1 who fall into w ofall Into a served nines October 1 vNto fall into each income each presumed benefit category (tire total category (the fatal should equal the total in question q6): should equal the total in question 06): Report as: Reporl as: Abused Children 411 i., Extremely low Income (0 -30%) 0 " :. Homeless person r D ;.Low Income (31 -50 %) 0. Battered Spouses U, ' MxIerate Income (51.80 %) 0 'r Persons Wl HNIAIDS 0 : "Above Moderate Income (>80 %) Elderly Persons Veterans 0 ' Chronically/ Mantaily 81 Physically Disabled Adults Other Youth TOTAL: 0 TOTAL: 0 4, Racfef& Ethnic Date: (ifs Acable) 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? BlacWAtrican American 0„ - ::; of whom, how many are Hispanic? Asian 0 '` fl:.::; of whom, low many are Hispanic? American Indian(Alaska Native : p D :;; of wham, how many are Hispanic? Native HawallentOlher Pacific Islander . p.. - .i p -; of whom, how many are Hispanic? American IndianlAfaskan Native & White : .; :O,a.; " 0, ; of wham, how marry are Hispanic? BlacWA(ricen American & While of whom, how many are Hispanic? Am. IndiarJAlaska Native & BlacklAfrben Am. %_ ::O;j r;f`. _.= :;p . ; of whom, how many are Hispanic? Other NLIIFracial, of wham, how many are Hispanic? Other _.f .D ..:_' 0 ; ; of whom, how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name. _ TAIe: Immokalee Non -Profit Housing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Ccnter UpgradesPSge 20 Of 27 Signaturo; Your typed name here represents you electronic signature Packet Page - 3163 -`. 5/14/2013 16.D.11. EXHIBIT "E" 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 gn and date this form. Sub recipient Fiscal Year Name Period Total State Financial Assistance Expended during $ most recent) 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 ❑ 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 1111%A111tio wccv 11%;LCU, I.►IC45C C1161VSG a UUpy UI Me re5 Uf1Se5 a"U cOrrecilve acLlon planq Certification Statement I hereby certify that the above information is true and accurate. Signature Print Name and Title Immokalee Non - Profit Housing, Inc, d /b /a Immokalee Housing & Family Services CDBG (CDS I3 -03) Timber Ridge (Carl 1. Kuehner) Community Center UpgradesPage 21 of 27 Packet Page -3164- 5/14/2013 16.D.11. EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 -The regulations prescribing the Environmental Review procedure. 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, Title VIII of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. S. 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 Immokalee Non- Profit Honsing, Inc. d /b /a Immokalee Housing & Family Services CDBG (CDS 13-03) Timber Ridge (Carl J, Kuehner) Community Center UpgradesPage 22 of 27 Packet Page -3165- ^` 5/14/2013 16. D.11. 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 AW , 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. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332, 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition. Policies Act of 1970, as amended. 14. 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)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted proj ects. 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. lmmokalee Non - Profit Housing, Inc. d /b /a Immokalce Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 23 of 27 Packet Page -3166- ,:'° 5/14/2013 16. D.11. 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 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.I2, 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, Peal 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(g) the following applies: ■ In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and ■ Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred, to the recipient for the CDBG program or shall be retained after compensating the recipient; • Section 84.35, Supplies and other Expendable Property • Section 84.5I (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 four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 9I.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 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. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach Immokalee Non - Profit Housing, Inc. d /b /a Immokalce Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 24 of 27 Packet Page -3167- 5/14/2013 16. D.11. of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately: 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. 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, 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. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 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 Immokalee Non - Profit Housing, Inc.M d /b /a Immokalcc Housing& Family Services.- CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 25 of 27 Packet Page - 3168 - (� 5/14/2013 16. D.11. 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 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 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 32. 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. 33. 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, 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it; its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. Immokalee Non - Profit Housing, Inc. d/b /a mmokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 26 of 27 Packet Page - 3169 -� 5/14/2013 16.D. 11. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes, 119.021 Records Retention Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing & Family Services CDBG (CDS 13 -03) Timber Ridge (Carl J. Kuehner) Community Center UpgradesPage 27 of 27 Packet Page -3170 - 5/14/2013 16. D.11. Grant # - B- 10 -UC -12 -0016 B- 11 -UC -12 -0016 B- 12 -UC -12 -0016 CFDA/CSFA# - 14.218 Subreci Tent — Habitat for Humanity DUNS # - 080676690 FETI # - 59- 1834379 Fiscal Year End: June 30th Monitor End: September 30, 2018 AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THIS AGREEMENT is made and entered into this _ day of May, 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Habitat for Humanity of Collier County, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail E, Naples, FL 34113. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; 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 low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through April 15, 2013; and WHEREAS, on April 23, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $235,000 to Habitat of Humanity of Collier County, Inc. for the CDBG Re- roofing Project located at scattered sites to be determined throughout Collier County; and Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 1 of 30 Packet Page -3171- C; 5/14/2013 16. D.11. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the oak Parties as follows: L SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. Project Component l: Proiect Delive The SUBRECIPIENT will perform application intake to screen for eligible program beneficiaries. Prospective applicants will be income qualified to ensure that they meet a CDBG National Objective. For the purposes of this agreement eligible applicants must meet the definition of the LMH (Low/N4od Housing) National Objective in order to meet the National Objective requirement 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 project. The SUBRECIPIENT will evaluate prospective applications based on criteria as described within the CDBG application, incorporated by reference. Proiect Component 2: Roof Repair/Revlacement The FY2012 -2013 Action Plan identified and approved the project to allow Habitat for Humanity of Collier County to rehabilitate and replace the roofs for twenty (20) low income homeowners in Collier County. 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, an underlayment to protect the dwelling from water intrusion, and all necessary items installed related to re- roofing the home. The project must conform to HHVS rehabilitation standards and current Florida building code. Specifically, improvements identified for funding are outlined in the budget in Section III. 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. The Subrecipient is required to submit to the Grantee project and financial reports on a quarterly basis as defined in "Exhibit D ". II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31st day of October, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover Habitat for Humanity of Collier County, Inc. 20I2 CDBG (CD 12 -03) 1 Page 2 of 30 Ep Packet Page -3172- 5/14/2013 16.D. 11. any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. II. AGREEMENT AMOUNT The COUNTY agrees to make available TWO HUNDRED THIRTY FIVE THOUSAND DOLLARS ($235,000) 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 "). All improvements 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 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 budget identified for all improvements is as follows: Improvements Federal Funds Project Component 1: Project Delivery $35,000 Project Component 2: Roof Re air/Re lacement for 20 Homes $200,000 Grand Total $ 235,000 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 pursuant to the ubmittal of quarterly progress reports. Invoices for work performed are required every month. 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. 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. 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. Deliverable Payment Schedule Project Delivery Staff administration to include; income qualification and a lien upon each property for a minimum of 5 years, and any additional work necessary to deliver the CDBG Re -roof project. As evidenced by but not limited to timesheets, payroll, canceled checks, and project activity logs. abitat for Humanity of Collier County, Inc. )12 CDBG (CD 12 -03) Page 3 of 30 Packet Page -3173- A]# 5/14/2013 16. D.11. Construction activities repair /replacement • Submission of monthly invoices on of a minimum of 20 roofs. AIA G702 -1992 form (attached as Exhibit "G ") or equivalent document per contractor's Schedule of Values. • Submission of Quarterly Reports (attached as Exhibit "D "). Supporting documents must be provided as back up. • Demonstration of the removal of debris resulting from replacement or repair of the roof. • Copy of a permitted final inspection. • Final 10% ($23,500) released upon Certificate of Completion, final waiver of lien from general contractor and documentation of a minimum 20 LMH households served. Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and do not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Geoffrey Magon, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 239 - 252 -2336 geoffreymagon @colliergov.net 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@hfhcollier.com Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12-03) Page 4 of 30 G a Packet Page -3174- 5/14/2013 16. D.11. V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be nplemented 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. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. 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 ' UBRECIPIENT 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. 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 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. 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 Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its T'iabitat for Humanity of Collier County, Inc. )12 CDBG (CD 12 -03) Page 5 of 30 A Packet Page -3175- 5/14/2013 16.D.11. obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to the 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 this 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, 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 Statutes. F. 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. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 6 of 30 Packet Page -3176- CA 5/14/2013 16. D.11. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 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 funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, 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 termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. 'II. 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 CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT'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 CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) 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 ` abitat for Humanity of Collier County, Inc. 12 CDBG (CD 12 -03) Page 7 of 30 Packet Page -3177- CA 5/14/2013 16. D.11. 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 -CDBG funds for the acquisition of or improvements to, the AW property. No payment is required after the period of time specified in subsection (a). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 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 570.502 and 570.505 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: B. DOCUMENTATION AND RECORDKEEPING All records required by CDBG. 2. 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. 3. 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 after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) 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 Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 8 of 30 Packet Page -3178- CA .. 5/14/2013 16. D.11. kept as outlined in 24 CFR 85.42. 4. 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. 5. 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. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. 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 to the COUNTY on the 15th 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 "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program 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. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) 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 (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. Habitat for Humanity of Collier County, Inc. 12 CD13G (CD 12 -03) Page 9 of 30 Packet Page -3179- CA 5/14/2013 16. D.11. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. 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 $ uotes Under $3K 1 Written Quote Above $3K to $10K 3 Written Quotes Above $ l OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid IFB F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. 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, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) 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 X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. 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. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 10 of 30 Packet Page -3180- CA 5/14/2013 16. D.11. 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 roject. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS ENTERPRISES The 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. C. 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. D. 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 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. E. 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. '4abitat for Humanity of Collier County, Inc. 12 CDBG (CD 12-03) Page 11 of 30 CA Packet Page -3181- 5/14/2013 16. D.11. XI. CONDITIONS FOR 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. 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. SIGNATURE PAGE TO FOLLOW Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 12 of 30 CA Packet Page -3182- v 5/14/2013 16.D.11. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 2013. ATTEST: DWIGHT E. BROCK, CLERK Dated: (SEAL) "abitat for Humanity of Collier County, Inc. 12 CDBG (CD 12 -03) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Lo GEORGIA A. HILLER ESQ, CHAIRWOMAN HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. By: Nick Kouloheras Executive V.P, of Land Development for Habitat for Humanity of Collier County, Inc. Approved as to form and legal sufficiency: /h c�- Jennifer B. White Assistant County Attorney Page 13 of 30 CA Packet Page -3183- 5/14/2013 16. D.11. EXHIBIT "A" INSURANCE REQUIREMENTS AN 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 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. 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). Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 14 of 30 Packet Page -3184- Cq 5/14/2013 16. D.11. OPERATION /MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept 1 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. Nbitat for Humanity of Collier County, Inc. 12 CDBG (CD 12 -03) Packet Page -3185- 5/14/2013 16. D.11. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Sub recipient Name: Habitat for Humanity of Collier County Inc. Sub recipient Address: 11145 Tamiami Trail E Project Name: Re- Roofing Project Project No: Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $235,000 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Authorizing Grant Coordinator Supervisor_ Dept Director Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Signature Date Title (approval authority under $14,999) (approval required $15,000 and above) Page 16 of 30 CAS Packet Page -3186- 5/14/2013 16. D.11. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which alien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Witness: ON BY: ITS: DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of -'3bitat for Humanity of Collier County, Inc. 12 CDBG (CD 12 -03) Commission No.: Page 17 of 30 6'9 Packet Page -3187- EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub- recipients: Please fill in the following shaded areas of the report Agency Name: Project Title: Program Contact: Telephone Number: "REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 5/14/2013 16. D.11. Date: Alternate Contact: 06130/13 I�130113 t2131M3 1/31/14 Please take note: The CDBG/HOME /ESG Program year begins October 1, 2012 - September 30, 2013. Each quarterly report needs to include cumulative data beginning from the start of the program year November 13, 2012. 1 2. Yes 1:1 No ❑ Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 18 of 30 cAQ Packet Page -3188- 3. a. b. C. 4. 5/14/2013 16.D. 11. ...now have new access (continuing) to this service or benefit? M ... now has improved access to this service or benefit? ... now receive a service or benefit that is no longer substandard? Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State/ Local Funds Total Other Funds qabitat for Humanity of Collier County, Inc. 12 CDBG (CD 12-03) Page 19 of 30 Packet Page -3189- Total Entitlement Funds TOTAL: 0 a. Total number of adult females served: Total number d females served under 18: b. Total number d adult males served: Totsl number of males served under 18: 5/14/2013 16.D. 11. TOTAL: 0 TOTAL: 0 C. Total No, of families served; =Total No. of female head household: of Complete EITHER oussdon llr7 OR #8. Compete question UK your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question Ira t any client in your program does not fall into a Presumed Benellt category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. T. Indicere the total number of COMPLICATED Indicate the totat number of UMn row! ICA n persons persons served since October 1 who fall Into served since October 1 who fall Into each income each presumed benefit category (#e total should equal Me total in question #6): category (the total should equal the total in question #6): Report as: Report as: Abused Children Extremely low Income (030%) Homeless Person Low Income (31 -50%) Battered Spouses Moderate home (51-00%) Persons w/ FN /AIDS Above Moderate Income ( >ti0°,6) Elderly Persons Veterans Chronically/ Mentally ill Physically Disabled Adults Other -Youth TOTAL: 0 TOTAL: 0 • �XI#1t �i� ��a..a..;� �x�.���'?S�'S ; a y;, `fCrk,, � : fk:� B. �1'.;I��lt.'^ 'r ,.*�4?7., 1Y;�.ya .Fiat Please indicate how many UNDUPLICATED clients served since October (a0 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/Afrnan American ; of wham, how marry are Hispanic? Asian ; of wham, how many are Hispanic? American IndiantAleska Native ; of whom, how merry are Hispanic? Native Hawaiian/Other Pacific Islander ; of wham, how merry are Hispanic? American hdiarvAlaskan Native & White • ; d whom, how many are Hispanic? Black/Africen American & White ; of whom, how many are Hispanic? Am. hdianlAlaska Native & Black/African Am. ; of whom, how many are Hispanic? Other k RkvcW ; of whom, how many are Hispanic? Other ; of whom, how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Tole: Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Signature: our name repress your a an�c signature Page 20 of 30 CA Packet Page -3190- id 5/14/2013 16. D.11. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT '�1 Cirr l� -1 /1 /tsNwof S #aeycesM; `9 tdy �mrrtt� a�a�/�t�f}yOtiarttt� at�lks nengd y P d ��,�herfleY; have m $ieltftit rgrerV �Xlts�af/ rar :ad wb' ecJ "00 tt" I Mabltat liar Humarfity�f .."C61 ter County �'Ri7 F� s !% 4 / • n<� / .�, u r, /.. u��, / ryl�M / . � / .r r}I��� i.. r y / , { yk �wy..��7y j� �y 6�1� /L��N! " }r1/ib'Ierjix /Y ^�/ // ! ! /d, !✓ Jrr :,, J, /.e �::. .r.,r, . „ S .,,....,s,y., .,. ., .: /! a.' ,.y /,<,. c yH 1l .� t4, ✓,..s. .. // ...... . ,,.{ ......... �1�e1YW��l���ti3sf#�SRS —ir +����741��. � � �✓ '�<' / / <�i }k^ /a{R./ / /y/ . j✓6 .Fy Y /., �17iLi i /� Iry / //✓ z!s "y "�`. •k/ '. 9'{lV /*�.tL14:r, .�:,, RC / %ri F: .� �.:.:k. .+/.n /!.•.., ,-.a .+.. /.' ./x ...r y,�',. ;.,: '7{ t�r„ 3"�. :) 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 X ` 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. If findings were noted lease enclose a copy of the responses and corrective action Ian. Certification Statement / 1s:tr,�te Fia '{��A,/4��kVi " /O�nn� ✓ ,'y(%et�vranforrYtacf�n / A / Signature Date i Print Name and Title -'abitat for Humanity of Collier County, Inc. 12 CDBG (CD 12 -03) Page 21 of 30 CAC) Packet Page -3191- 5/14/2013 16. D.11. EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 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, Title VIII of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 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 Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 22 of 30 Packet Page -3192- CA IN 5/14/2013 16. D.11. 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. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 1. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14.29 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 13 5.11(c)). 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. "abitat for Humanity of Collier County, Inc. 12 CDBG (CD 12 -03) Page 23 of 30 CA Packet Page -3193- 5/14/2013 16. D.11. 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 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 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 • 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 84.35, 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 CDBG activities shall be four 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 lieu of the provisions of 84.61, CDBG 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. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 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. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD I2 -03) Page 24 of 30 Packet Page -3194- 5/14/2013 16.D. 11. 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. 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, 20`h 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 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 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. 'Tabitat for Humanity of Collier County, Inc. 12 CDBG (CD 12 -03) Page 25 of 30 Cq Packet Page -3195- 5/14/2013 16. D.11. 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 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 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 32. 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. 33. 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. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 26 of 30 CCA� Packet Page -3196- 5/14/2013 16.D.11. 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 SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021, Records Retention. 'abitat for Humanity of Collier County, Inc. 112 CDBG (CD 12 -03) Page 27 of 30 --�� {CAnr Packet Page -3197- 5/14/2013 16.D.11. EXHIBIT "G" AIA G702 -1992 Form ,_ 'j :-AIA Document G702"— 1992 Instructions st uctions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA Document G702, Application and Certificate for Payment, is to be used in conjunction with AIA Document G703, Continuation Sheet. These documents are designed to be used on a Project where a Contractor has a direct Agreement with the Owner. Procedures for their use are covered in AIA Document A201, General Conditions of the Contract for Construction. Use of Current Documents Prior to using any AIA Contract Document, users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G702, but only for use in connection with a particular project. The AIA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from the AIA. Rights to reproduce the document May vary for users of AIA software. Licensed AIA software users should consult the End User License Agreement (EULA). To report copyright violations of AIA Contract Documents, a -mail The American Institute of Architects' legal counsel, copyright(9)aia.org. COMPLETING THE G702 FORM After the Contractor has completed AIA Document 6703, Continuation Sheet, summary information should be transferred to AIA Document G702, Application and Certificate for Payment. The Contractor should sign G702, have it notarized, and submit it, together with G703, to the Architect. The Architect should review G702 and G703 and, if they are acceptable, complete the Architect's Certificate for Payment on G702. The Architect may certify a different antount than that applied for. pursuant to Sections 9.5 and 9.6 of A201. The Architect should then initial all figures on G702 and G703 that have been changed to conform to the amount certified and attach an explanation. The completed G702 and G703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AIA Document G702, Application and Certificate for Payment. The completed form contains the name and address of the Contractor. Payment should not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) and the authority under which they are executing the document.'Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AIA e Document 0702^' —1992. Copyright 0 153 9, 1963, 1965. 1971, 1978, 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorhed reproduction or distribution of thla AIA' Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, a -mall The American Institute of Archilects' legal counsel, copyright0aia.org. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 28 of 30 �AO1 Packet Page -3198- 5/14/2013 16.D. 11. �Document G702" -1992 Application and Certificate for Payment ADDITIONS Application is made for payment, as shown below, in connection with the Contract. TO OWNER: PROJECT: APPLICATION NO: Dirr'fribtttioh t0: $ PERIOD TO: OWNER ❑ 3, CONTRACT SUM TO DATE (Line 1 121 .......... ............. I .................. CONTRACT FOR: ARDiffECT ❑ FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR ❑ L Completed Work PROJECT NOS: 1 l FIELD ❑ b. % of Stored Material OTHER 0 CONTRACTOR'S APPLICATION FOR PAYMENT ADDITIONS Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet. AIA Docutnent G703. is attached. $ 1. ORIGINAL CONTRACT SUM ......................... ............................... $ 2. Net change by Change Orders .................. ............................... S 3, CONTRACT SUM TO DATE (Line 1 121 .......... ............. I .................. $ 4. TOTAL COMPLETED 8 STORED TO DATE (Column G on G703i ............. $ 5 RETAINAGE: L Completed Work _%of (Column D + E on G703) $ b. % of Stored Material _ (Column F on G703) $ Total Retainage (lanes 5a+ 5b or Total in Column i of 07031....... $ 6. TOTAL EARNED LESS RETAINAGE ................ . ....... . ........... $ (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT ...... . ............... $ (Line b from paior Certificate) S. CURRENT PAYMENT DUE .............. ............................... 1$ —� 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 31ess Line 6) $ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner $ $ Total approved this Mooch S $ TOTALS �$ $ NET CHANGES by Otarige Order $ The wMemped Contractor certifies that to tie bast of the Contractor's knowledge, infaisaed" end belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documaht.s. that all amoutns have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owlter, and that current payment shown herein is now due. CONTRACTOR: By: Date: State of County of: Subscribed and swam to before me this day of Notary Public: My Commission expires: ARCHITECTS CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on Dit -site observations and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, infortnation and belief the Work has progressed as indicated, the goality of the Work is in accordance with the Contract Documerds. and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED ............ ..... .,.......... .. ............... ......... . ......... .......- S (Anach explanation if,amount centfied differs from the amount applied. fnitW all figures an this Application and on the Continuation Sheet that are changed to conform with the amoanr certlfed,) ARCHITECT: Hy: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Conuxtor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Comxactor under this Contract AIA IMcumrd GM-- Wag Copyrlpbt 01953,1963,1965,1971,1978.1983 and 1992 by The American Irshits of Arehitaft AN rtghts reserved. WARNING: This AIA! Document is protected by US. Copyriol Lays and International 11MO a. Unauthorized reproduction or Distribution of this A10 Document, or any portion of h, may result in severe civil erb crania! penafties, and wt8 be prosecuted to The maximum extent possible under the law. Purehasens are penmNled to reproduce len (10) copies of this document when wmplvied. To report copyrohl violations of AIA Contract Documts, e•mal The American Iashoe of Architects' WDW coureef, c*rVht @aia.orq. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 29 of 30 ` CA C� Packet Page -3199- 5/14/2013 16. D.11. CONTINUATION SHEET AIA DOCUMENT G703 (instructions on reverse side) PAGE OF PAGE' AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT; APPLICATION NO.: containing Contractor's signed Certification, is attached. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar. PERIOD TO: Use Column I on Contracts where variable reminage for line items map apply. ARCHITECT'S PROTECT 1;0.: A B C D E F G H 1 ITEM DESCRIPTION OF WORK SCHEDULED VALUE FORK COMPLETED MATERIALS PRESENTLY STORED SOT IN D OR E) TOTAL COMPLETES AND STORED TO DATE (D +E +F) a ro (G , C) BALJkNCE TO FI.'�ISH IC - G) RETAINAGE (IF VARIABLE) RATE) FROM PREVIOUS APPLICATION (D + E) THIS PERIOD I C 1 i I a I 11A nCA.URAI WW I C:UN I MIAMI Nit! I t" 'J""' ' IW! 1U1 Its ' M- ' IPIWI ' 1,611 4.ii*.I UN NTITLTE OF ARCnTET, 1 -,3> .NTW FORT: .07 -NLI, W., �i.&NNGMN, D.C. 20*529: 0 WARNING unlicensed photocopying violates 0.& copyright Wn and W1 subject the violator to legal mmut on. G703•1992 'sue. CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. Habitat for Humanity of Collier County, Inc. 2012 CDBG (CD 12 -03) Page 30 of 30 ca Packet Page -3200- 5/14/2013 16.D.11. Grant # - B-11-UC-12-0016 CFDA/CSFA# - 14.218 Subrecipient — The Shelter for Abused Women & Children, Inc. DUNS # - 836680769 FETI # - 59-2752895 FY END -6 -30 Monitoring Deadline 9-30-18 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. SHELTER IMPROVEMENTS AND UPGRADES THIS AGREEMENT is made and entered into this 14th day of May 2013, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") 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 Florida, having its principal office at 2635 Weeks Avenue, Naples, FL 34112. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community 6evelopment Block- Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; 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 low and moderate-income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 ) with a 30 -day citizen comment period from March 1. 4. 2013 through April 15, 2013, and WHEREAS, on May 14, 2013 the COUNTY approved substantial amendments to various year's he Shelter for Abused Women & Children. Inc. CDBG (CDS 13-06) Shelter Improvements and Upgrades Page I of 28 /—IA6 Packet Page -3201- 5/14/2013 16. D.11. Annual Action Plans providing CDBG funds in the amount of 5174,990 to The Shelter for Abused Women & Children, Inc. for Shelter Improvements and Upgrades at 2635 Weeks Ave, Naples, FL 34142; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by thtr 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 CDBG fiends, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program outlined as follows: The FY 2011 -2012 Annual Action Plan identified and approved this project to The Shelter for Abused Women & Children, Inc. for the following: Shelter Improvements and Upgrades: Project Component 41: To include all costs associated with the purchase, installation, removal, and disposal of flooring to the residential, counseling, security and administrative areas which may include carpeting or vinyl flooring. Project Component 42: To include all costs associated with the purchase, installation, removal, and disposal of equipment in the security office to include the following: Two 24 -inch televisions for use as camera monitors- to be secured to the building. • Two 39 -inch televisions for use as camera monitors- to be secured to the building. One air conditioning unit to be wall mounted and secured to building to include installation and wiring Proiect Component #3: To include all costs associated with the upgrade of the existing HVAC Air Flow system to bring it up to NADCA standards to include purchase, installation, removal, and disposal including: Fogging with oxine fungicide Sealing with robotic encapsulate • Adding Ultra Violet light system to all 26 air handlers Proiect Component #4: To include all costs associated with upgrading the existing Security System at the emergency shelter to include but not limited to: • Nine cameras- to be secured to the project site Project Component 45: To include all costs associated with the purchase and installation of a security camera system for the transitional housing cottages to be The Shelter for Abused women & Children. Inc. CDBG (CDS 13 -06) Shelter Improvements and upgrades Page 2 of 28 Packet Page -3202- 5/14/2013 16. D.11. secured to the site. Project Component #6: Environmental review and/or assessment related activities Specifically, improvements identified for funding are outlined in the budget in Section Ill. The detailed project scope will be contained in the schedule of values awarded. The project's invoices will include details sufficient to document the number, and costs associated with all activities for payment. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 11. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14'b day of May, 2013 and end on the 31st day of October 2013. 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 CDBG funds or other CDBG assets, including program income. 111. AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED NINETY DOLLARS and 00/100 (5174,990) for the use by 7 the SUBRECIPIENT for SHELTER IMPROVEMENTS AND UPGRADES during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). The SUBRECIPIENT project budget shall be as follows: Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund Z1- 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% of a cost category and activity shall be made with board approval. All improvements specified in Section 1. 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 The Shelter for Abused Women & Children. Inc. CDBG WDS 13-06) Shelter Improvements and Upgrades Page 3 of 28 Packet Page -3203- Line Item Description CDBG Funds Project Component #I-Flooring f $116,225 Project Component #2-Equipment Security- Office $ 8,015 i Project Component-#3 -HVAC $ 32,000 1 Project Component #4-Security system at Shelter $ 16,000 Project Component #5-Security System Cottages $ 2,000 Project Component #6-Environmental $ 750 TOTAL $174,990 Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund Z1- 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% of a cost category and activity shall be made with board approval. All improvements specified in Section 1. 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 The Shelter for Abused Women & Children. Inc. CDBG WDS 13-06) Shelter Improvements and Upgrades Page 3 of 28 Packet Page -3203- 5/14/2013 16.D.11. 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 pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. 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. 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. 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. Deliverable Payment Schedule Project Component # 1- Submission of monthly invoices on AIA Flooring G702 -1992 form or equivalent document. Final 10% ($11,622.50) released upon documentation of Flooring complete. Supporting proof of payment documents must be provided as backup, Project Component #2- Submission of monthly invoices on AIA Equipment Security Office G702 -1992 form or equivalent document. Final 10% ($801.50) released upon documentation of Equipment purchased and installed. Supporting proof of payment documents must be provided as backup. Project Component #3- Submission of monthly invoices on AIA HVAC G702 -1.992 form or equivalent document. Final 10% ($3,200) released upon documentation of HVAC system upgrades complete. Supporting proof of payment documents must be provided as back up. t Project Component 94 Submission of monthly invoices on AIA Security System at the Shelter G702 -1992 form or equivalent document. ! Final 10% ($1,600) released upon documentation of Security system upgrades complete. Supporting proof of payment documents must be provided as back up. Project Component m5 j Submission of monthly invoices on AIA Security System at Cottages G702 -1992 form or equivalent document. 1 Final 10% ($200) released upon 1 documentation of Security system upgrades complete. Supporting proof of payment documents must be provided as back up. The Shelter for Abused women & Children. Inc. C:DBG (CDs 13 -06) Shelter Improvements and Upgrades Page 4 of 28 Packet Page -3204- CO-9 5/14/2013 16. D.11. Project Component #G Proof of approved environmental clearance Environmental j Individuals Served N/A Proof of a minimum that 1000 persons are served via exhibit D submitted quarieriv j Inventory Submittal of asset N/A inventory for equipment I purchased — submitted annually IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Sandra Marrero, Grants Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 (239)252 -2399 sandramarrero ),colliergov.net SUBRECIPIENT ATTENTION: Marci Sanders, Director of Operations The Shelter for Abused Women & Children. Inc. 2449 Weeks Ave Naples, FL 34142 (239)280 -1350 msanders @naplesshelter.org V. ADDITIONAL CONDITIONS AND COMPENSATION 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. The Shelter for Abused Women & Children. Inc. CDBG (CDS 13 -06) Shelter Improvements and Upgrades Page 5 of 28 Packet Page -3205- 5/14/2013 16. D.11. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLI.ANCE 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. 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 aerees4to 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. Unless otherwise provided by the Scope of Services, 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. 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 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. 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 COL7NITY 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 this agreement. The Shelter for Abused Women & Children. Inc. CDBG (CDS 13 -06) Shelter Improvements and Upgrades Page 6 of 28 ,--4 Packet Page -3206- 5/14/2013 16. D.11. 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, 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 Statutes. F. 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. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 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 funds provided under this Agreement; or The Shelter for .Abused women & Children, Inc. CD3G (CDs 13 -06) Shelter Improvements and Upgrades Page 7 of 28 Packet Page -3207- 5/14/2013 16. D.11. 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Am* 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 termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaininc., ' portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. 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 CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT"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 CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570208 (formerly section 570.901) 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-CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 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 Shelter for Abused Women & Children, Inc. CDBG (CDS 13-06) Shelter Improvements and Upgrades Page 8 of 28 Packet Page -3208- k5) 5/14/2013 16. D.11. 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: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG. 2. 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. 3. 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 four (4) years after expiration of this Agreement with the following exception: if any litigation.. claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COLNITY 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. 4. 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. 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. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) .'he Shelter for Abused women & Children. Inc. CDBG (CDS 13 -06) Shelter Improvements and Upgrades Page 9 of 28 Packet Page -3209- �` 5/14/2013 16. D.11. Reimbursement may be contingent on the timely receipt of complete and accurate reports required bye this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessan by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th 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 .'D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program 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. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) 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 (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. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy, Purchasing Threshold Policy Dollar Range (S Quotes Under $3K 1 Written Quote Above $3K to SIOK 3 Written Quotes Above $1 OK to $50K 3 Written Quotes Above S50K ; Request for Proposal (RFP) Invitation for Bid (IFB) The Shelter for Abused women & Children, Inc. CDBG (CDS 13 -06) Shelter Improvements and Upgrades Page 10 of 28 Packet Page -3210- G:_�*A 5/14/2013 16. D.11. F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. 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, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) 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, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. 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 activit-y- carried out by the performance of this Agreement on the basis of race, color, disability, national origim 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. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN - OWNED BUSINESS ENTERPRISES The SUBRECIPIENT "gill 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 i'he Shelter for Abused N omen & Children, Inc. CUBG (CDS 13 -06) Shelter Improvements and Upgrades Page l I of 28 Packet Page - 3211 - ,,t _ 5/14/2013 16.D.11. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) 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. D. 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 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. E. 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. XI. CONDITIONS FOR 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 cam, 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 Amok The Shelter for Abused Women R Children Inc. . CDBG (CDs 13 -06) Shelter Improvements and Upgrades Page 12 of 28 Packet Page -3212- 3 -` 5/14/2013 16. D.11. 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. 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. (Signature Page to follow) ]'he Shelter for Abused women & Children. Inc. CDBG (CDS 13 -06) Shelter Improvements and Upgrades Page 13 of 28 Packet Page -3213- 5/14/2013 16. D.11. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized personow or agent, hereunder set their hands and seals on this 14th day of May, 20I 3. ATTEST: DWIGHT E. BROCK, CLERK Dated: (SEAL) The Shelter for Abused Women & Children. Inc. CDBG (CDS 13 -06) Shelter Improvements and Upgrades BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ., CHAIRWOMAN THE SHELTER FOR ABUSED WOMEN & CHILDREN. INC. By: Linda Oberhaus Linda Oberhaus, Executive Director Approved as to form and legal sufficiency: Jennifer B. White, Assistant County Attorney Page 14 of 28 Packet Page -3214- v 5/14/2013 16. D.11. EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Hurnan 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 b), 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 SUBRECIPEINT 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) 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). The Shelter for Abused Women & Children. Inca CDBG (CDS 13 -06) Shelter Improvements and upgrades Page 15 of 28 Packet Page -3215- 9-1-A 5/14/2013 16. D.11. OPERATION/MANAGEMENT PHASE (IF APPLICABLE) Awl 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 Count} 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 that $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 0 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 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. Inc. CUBG (CDS 13 -06) Shelter Improvements and Upgrades Page 16 of 28 Packet Page -3216 - 5/14/2013 16. D.11. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Sub recipient Name: The Shelter for Abused Women& Children. Inc. Sub recipient Address: 2635 Weeks Ave. Naples. FL 34112 Project Name: Shelter Improvements & Upgrades Project No: CDS 13-06 Payment Request # Dollar Amount Requested: 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 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ $174,990 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. I also certif3, that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor_ Dept Director Date (approval authority under $14,999) (approval required $15,000 and above) f'he Shelter for Abused women & Children. Inc. CDBG (CDS 13-06) Shelter Improvements and Upgrades Page 17 of 28 Packet Page -3217- 5/14/2013 16. D.11. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBR£CIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, Licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part i — Waiver or Release of Liens This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. Witness: Print name and title STATE OF COUNTY OF The Shelter for Abused Women & Children, Inc. ITS: Executive Director �is The foregoing instrument was acknowledged before me this day of , 20_. by as of A Choose Not - Far - Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality . Be /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) The Shelter for Abused Women &Children. Inc. CDBG (CDS 13 -06) Shelter Improvements and Upgrades (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Page 18 of 28 Packet Page -3218- 5/14/2013 16. D.11. EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub- recipients: Please fill in the following shaded areas of the report Telephone Number: (239)280 -1350 'REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): W31J13 10/31/13 Agency Name: The Shelter for Abused Women i Children, Inc. Date: Project Title: Shelter "improv entr,A�ratles= Program Contact. - � e Alternate � p,Nlar,G{ ere, � , . � •� � * _ Contact: x � Telephone Number: (239)280 -1350 'REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of May 14, 2013. Please list the- outcome goal(s) from your approved application & sub.recipient agreement and indicate your progress in meeting those 1. goals since May 14, 2013. A. Outcome Goals: list the outcome goal(s) from your approved application & sub - recipient agreement. Outcome 1 Flooring Upgrades Outcomel: Equipment Security office Outcoi fiVA0_5vstemt oared � me 4: The Shelter for Abused Women & Children, Inc. C:D13G (CDS 13 -06) Shelter Improvements and Upgrades Page 19 of 28 Packet Page -3219- r' (CAA) W31J13 10/31/13 Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of May 14, 2013. Please list the- outcome goal(s) from your approved application & sub.recipient agreement and indicate your progress in meeting those 1. goals since May 14, 2013. A. Outcome Goals: list the outcome goal(s) from your approved application & sub - recipient agreement. Outcome 1 Flooring Upgrades Outcomel: Equipment Security office Outcoi fiVA0_5vstemt oared � me 4: The Shelter for Abused Women & Children, Inc. C:D13G (CDS 13 -06) Shelter Improvements and Upgrades Page 19 of 28 Packet Page -3219- r' (CAA) 5/14/2013 16. D.11. 3. a. b. C. 4. now have new access (continuing) to this service or benefit? 0 The Shelter for Abused Women &, Children. Inc. CDBG (CDS 13-06) Shelter Improvements and Upgrades Pan 20 of 28 Packet Page -3220- M 5/14/2013 16. D.11. EXHIBIT "D" UARTERLY PROGRESS REPORT 5. lWhat Is the total number of UNDUPLICATED clients served this quarter; If applicable? a. Total No of adult females served .'T.Ial No ftlarnislas served under 16 b. Total No of adult males served :.'D 2;! Total No at males served under 18 TOTAL: 0 TOTAL: 0 C. Total No of tam Ilies served. 0 Total No of female head of household. C lWhat isthertolail numberof UNDUPLICATED clients servs&lsinc'e October, if applicable? , a. Total number of adult females served 0 Total hum bar of tamales served under 18 TV tl. Total number o" adult maim served 0 Total number of males served under 18 - 10 TOTAL: 0 TOTAL: 0 C. Total No of families served Total No, of female rielact of rwus&x)td Complete EITHER question 97 OR N& Complete question #7 K your program only serves clients in one or more of the listed HUD Presumed Benefit categories Complete question a# 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. OTHER BENEFICIARYMATA- INCOME RANGE Indicate the total number of UNDLIP-Lr-ATED persons served since October I who fall into Indicate the total number of UNDUPLICA persons each presumed benefit category (the total served since October I who fall into each Income should equal the total in question #6): category (the total s"outo equal the total in question #6) ; Report as: Report as: 0 Axsed Children -,"0' Extremely owmome(C-30M) Homeless Person D Low Income (31.509/6) Battered Spouses 0 r Moderate Income (51-80% 0 Persons w/ HIVIAIDS 0 < ;A.bove Moderate Income (>80%) Elderly Persons veterans Chronicalip' Mentally ill 0 Physically Disabled Adults "-0 Other -Youth TOTAL: 0 TOTAL: 0 9. Racial & Ethnic Data: (if applicable) Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY White of whom, now many are Hispanic? BlacklAtrican American, "-o 0. V whom now many ore Hispanic') Aslant� '::4�: V: 0 of whom, now many are Hispanic? American Indiari/Ataska Native, D of whom, mm, many are Hispanic? Net" Hawaiturvother Pacffic isiander .Q.:': whom, now many are Hispanic? American Indian /AlasKan Native & While of whom, how many are Hispancl Black/African American & While t) 0 of whom, how many are Hispanic? Am irroianlAlaska Native & BlacklAincer, Am 0 Or of whom, how many are Hispanic? Other Multi- racial' 0, 0 of whom, how many are Hispanic? Other t 0 0 of whom, how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name Signature Your tyPeo name hem represents your eiectron—ic Title. signature fhe Shelter for Abused Women & Children. Inc. CDBG (CDS 13-06) Shelter Improvements and Upgrades Page 21 of 28 Packet Page -3221- 5/14/2013 16. D. 11. EXHIBIT "E" 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. Sub recipient Name The Shelter for Abused Women & 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 repo rt - — 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 I. ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. I hereby certify that the above Signature Print Name and Title The Shelter for Abused Women &: Children. Inc. CDBG (CDS 13-063 Shelter Improvements and Upgrades wl— woo a %:vpy vi t"v responses ana corrective action Certification Statement ton is true and accurate, I Date Page 22 of 28 Packet Page -3222- M M ro 5/14/2013 16. D.11. EXHIBIT `4F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Tithe VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. 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 advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 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 ,'he Shelter for Abused Women & Children. Inc. CDBG (CDS I3 -06) Shelter Improvements and Upgrades Page 2' ) of 28 Packet Page - 3223 - !� 5/14/2013 16. D.11. 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 is „ 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. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 11, Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. I2. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14.29 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)). 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. The Shelter for Abused Women & Children, Inc. CDBG (CDS 13 -06) Shelter Improvements and Upgrades Rage 24 Of 28 Packet Page -3224- (` ." 5/14/2013 16. D.11. 18. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 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: 0 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; o Section 84.34(8), 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 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 84.35. Sumlies and other Expendable Property • Section 84.5 1 (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 four 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, Tennination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7). and Subpart D — After-the-Award Requirements — except for 84.7 1, 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. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 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. The Shelter for Abused Women & Children. Inc. CDBG (ClJS 13-06) Shelter Improvements and Upgrades Page 25 of 28 Packet Page -3225- 5/14/2013 16.D.11. 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. 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, 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. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 197' ) (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. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 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.G. 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. The Shelter for Abused Women &Children, Inc. CDBG (CDs 13 -06) Shelter Improvements and Upgrades Page 26 of 28 Packet Page -3226- a;. 5/14/2013 16.D. 11. 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 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 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 32. 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. 33. 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 525,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it. its affIiates. 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. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with fhe Shelter for Abused Women & Children. Inc. CDBG(CDS 13 -06) Shelter improvements and Upgrades Page 27 of 28 Packet Page -3227- 5/14/2013 16. D.11. 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 SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per them rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes, 119.021 Records Retention The Shelter for Abused women R Children, Inc. CDBG (CDS 13 -06) Shelter Improvements and Upgrades Page 28 of 28 Packet Page -3228- 5/14/2013 16. D.11. Grant # - B- 12 -UC -12 -00196 CFDA/CSFA# .14.218 Subrecipient— Naples Equestrian Challenge, Inc. DUNS # - 029483800 FETI # - 20- 3571795 FY END- 1 -31 -13 Monitoring End -9 -30 -2033 AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES EQUESTRIAN CHALLENGE THIS AGREEMENT is made And entered into this 14th day of May 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "Naples Equestrian Challenge ", a private not -for- profit corporation existing under the laws of the State of Florida, having its principal office at 206 Ridge Drive, Naples, FL 34108. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the duality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood /community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current eondidons and planning long range improvement programs as described in the Consolidated Plan submission; 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 low and moderate- income residents, and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14, 2013 through April 15, 2013; and WHEREAS, on May 14, 20I3 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $520,000 to the Naples Equestrian Challenge, Inc. for Property Acquisition located at 182 Ridge Drive, Naples, FL 34108; and Naples Lquestrian Challenge, fnc. CDBG (CDS 13 -08) Properly Acquisition Page 1 of 26 CA Packet Page -3229- 5/14/2013 16. D.11. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Oft Parties as follows: 1. SCOPE, OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program outlined as follows: The FY 2012 -2013 Annual Action Plan identified and approved this project to Naples Equestrian Challenge, Inc. for the following: Project Component: Acquire property located at 182 Ridge Drive, Naples FL, Parcel #07185040009. Specifically, improvements identified for funding are outlined in the budget in Section III. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate- income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 H. TIME OF PERFORMANCE Services of the SUBRECIPIEN'T' shall start on the 14th day of May, 2013 and end on the 31st day of October, 2013. The term of this Agreement and the provisions herein maybe extended by amendment to cover anv additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. Ill. AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED AND TWENTY THOUSAND DOLLARS (5520,000) for the use by the SUBRECIPIENT for PROPERTY ACQUISITION during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendments) to the Agreement, shall be referred to as the "hunds "). The SUBRECIPIENT project budget shall be as follows: Line Item Description CDBG Funds -Property Acc uisitioll located at 182 Ridge Drive, Naples FL $520,000 TOTAL 5520,000 Modifications to the "Budget and Scope" may only be made if approved in advance, 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% of a cost category and activity shall be made with board approval. Napics Gqucstrian C`hallcngc. Inc, ('I)BG WDS 13.08) Property Acquisition Page 2 of'26 CA Packet Page -3230- 5/14/2013 16. D.11. All improvements specified in Section 1. 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 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 Counly shall reimburse the SUBRI3CIPIE.NT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by I•HVS pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. 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. 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. No payment will be made until approved by HT - -IVS 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. Deliver able _ Property Acquisition Payment Schedule Reimburse for allowable expenses for property acquisition. Supporting f documentation including but not limited to closing documents,appraisal,survey and HUD settlement statement must be submitted for reimbursement A minimum of 200 low and N/A moderate income persons per year as evidenced by submission of the Exhibit U c t.tarterly until 2033 Income qualification N/A activities for participants who will be LMI persons; 51 %of persons served must fal l at or below 80% of AMI Inventory: As evidenced by N/A annual property appraiser f records and property f insurance Napics Lquesti ian C hal lengt:, Inc. ('1)13t; (('I)s 13 -08) Propcny acquisition Page 3 ol'26 Packet Page -3231- CA o 5/14/2013 16. D.11. 1V, NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), " AWW 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: Sandra Marrero, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 (239)252 -2399 sandramarrero(iIcolliergov.net SIJBRLCIPIENT ATTENTION: Kim Minarich, Executive Director Naples Equestrian Challenge 206 Ridge Drive Naples, FL34108 (239)596 -2988 kminarieh c naplesequestriancliallenge.org V. ADDITIONAL CONDITIONS AND COMPENSATION 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 HUI) 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 efTective 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 S1tB11RCIPIEW" 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. V1. GENERAL CONDITIONS A. SUIBCONTRACTS 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 COUN'1-Y's sole discretion and judgment. 11. GF..NF..RAI.., COMPLIANCE The SUBREC'IPIENT 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 \apfes E(Itiestria n Challenge, Inc. (A)BG (C DS 13-08) Prupcm Acquisition Page 4 of 26 CA= Packet Page -3232- 5/14/2013 16. D.11. Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRI?CIPIINT does not assume the recipient's environmental responsibilities described in 24 C1 =R 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process wider the provisions of 24 C17R Part 52. The SUBRECMENT 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 Hands available; tinder this Agreement to supplement rather than supplant funds otherwise available. C. fNDI PENDENT 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. Unless otherw-ise provided by the Scope of Services, the Grantee shall be exempt from payment of all Unemployment Compensation, PICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRI CiP1ENT 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 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. 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 SUBRI,.CIJ1IENT. 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 this agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold Inal- ]nICSS 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 tine 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 Mipies Iiquestrian Challclip, Inc. C'DB6 (CDS 13 -08) ►'ropertY Acgtiisitiim Page 5 of 26 Packet Page -3233- 6711 ) 5/14/2013 16. D.11. any nature %vIiatsoever 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, J loridu Statutes. F'. GRANTEE RKOGNITiON /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 SURRECIPIIENT 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, RUIYIAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT, This design concept is intcnded to disseminate key information regarding the development team as well as Equal Housing Opportunity to the gcncral public. Construction signs shall comply with applicable COUN'T'Y codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUI3IZECIPIENT materially fails to comply with any terms of this Agreement, which include (hut are not limited to), the following; 1, I- ailure 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, l lie ffeutive or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be tenninated for convenience by either the Grantee or the SUBRECIPIIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award � -Nlas made, the Grantee may terminate the award in its entirety. Naples Equestrian Challenge, Inc, CDt3G (C'f )S 13 -08) Properly Acquisition Page C of 26 Packet Page -3234- \` J�C a 5/14/2013 16.D. 11. V11. 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 transl'er to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG hands. The COUNTY's receipt of any funds on hand at the time oftermination shall not waive the COUNTY's right (nor excuse SUBRECEIP.IENT'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 CDBG funds (including CDBG finds provided to the SUBRII,CIPIENT in the form of a loan) in excess of 525,000 as outlined in 24 CFR 570.505 must either: a. I3c used to meet one of' the national objectives in 24 CFR 570.208 (formerly section 570.901) 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-CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT subject to the conditions outlined in 24 CFR 84.34. "Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subiect to the conditions outlined in 24 CFR 84.35. 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. EXA1t1INATION OF RECORDS The SIJBRECIPiI.NT 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: B. DOCUMENTATION AND RECORDKEEPING All records required by CDT3G. All reports, plans, surveys, information, documents, maps, books, records and other data ti'aplcs Equestrian Chalionge. Inc. CDBG(C)S 13 -08) Propem Acquisiuun Page 7 of 26 C.� Packet Page -3235- 5/14/2013 16. D.11. procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of lhis Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or I -IHVS. 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 tinder the provisions of this Agreement. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to F IVS 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 four (4) years after expiration of this Agreement With the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) 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, 4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including tiles 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. 5. The SUBRLCIPILNT will be responsible for the creation and maintenance of income eligible files oil clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HIIVS shall be the final arbiter on the SUBRI CIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CPR 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 570.1-09, income certification, and written Agreements with beneficiaries, where applicable. 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 to the COUNTY on the 15 "' day of January, April, July and October respectively for the prior quarter period end. As pant 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 Naples Equestrian C'htdiengc, inc. CDW; (CDS 13-08) x ., Property Acquisition Page 8 of 26 Packet Page -3236- t "A 5/14/2013 16.D.11. on client leedback with respect to the goals and objectives set forth in Exhibit "D ", Exhibit "D" contains an example reporting forni to he 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. During, the term, SUBRECIPIENI' shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIi NT 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 nnaN, be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisl".tctory evaluations. The SUBRECIPIENI- shall, upon the request of HHVS, submit information and status reports required by HIIVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRE,CIPIENT 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. ADDI'T'IONAL HOUSING, I -1UMAN AND VETERAN SERVICES, COUNTY, AND I -IUD R EQU iREMENTS The SUBRECIPIENT agrees to utilize fiords available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Dollar Range ($ ) Quotes r Under $3K 1 Written Quote Above $3K to $I OK 3 Written Quotes Above $ l OK to $50K 3 Written Quotes Above $SOK Request for Proposal (RFP) Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBR)•✓CIP1ENf shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM- GENEMATED INCOME Any "Program Income" (as such term is defined tinder applicable Federal regulations) gained from any activity of the SUBRI,CIPIENT Funded by CDBG funds shall be reported to the COUNTY, utilized by the SI�BR.ECIPIENT and shall be in compliance with 24 CFR 570,504(c) in the operation of the Program. :Naples tiquestrian Challenge, Inc, CDBG (CDS 13 -08) Properl.v Acduisidon Page 4 of 26 Packet Page -3237- 5/14/2013 16.D. 11. 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, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention, X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGiITS COMPLIANCE The SUBRECiPILNf 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 tenninate 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. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES - The SU13R.ECIPIENf will use its best efforts to afford small businesses, minority business enterprises, and \vomen's business enterprises the maximum practicable opportunity to participate in the perfonnance 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. nifty -ogle (51)percent owned and controlled by minority group members or NVomcn. 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. 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. Naplc fictucsa fan Ch<tllengc, Inc. Ci IG {COS 13 -08} Property Acquisition Page 10 of'26 Packet Page -3238- 5/14/2013 16. D.11. D. AFFIRMATIVE ACTION PLAN 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 SUBRL'•CIPTENT shall submit a plan for an Affirmative Action Program far approval prior to the award of funds. L. CONFLICT OF INT17,UST The SUBRECtmEN`f 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 HI4VS 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. X1. CONDITIONS FOR 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 Cf'R 570.2006). The SUBRECIPIENT shall comply with First Amendment Churcli/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 shalt 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, 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. N4tples Fquestrian Challenge, hrc. UDBG (CDS 13 -08) Proper(,- Acquisition Page 1 I of 26 nc� Packet Page -3239- 5/14/2013 16. D.11. IN WITNESS WHEREOF. the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 2013. ATTEST: DWIGHT E. BROCK, CLERK Dated: (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ., CHAIRWOMAN Naples Equestrian Challenge, Inc. BV: Kim Minarich Kim Minarich. Executive Director Subrecipient Name and Title Approved as to form and legal sufficiency: Jennifer B. White, Assistant County Attorney I Z'� -� o Naples Liquestrian Challcnge. Inc. (A)BO (C DS 13 -08) 111-opetly ;acquisition Page 12 of 26 1 Packet Page -3240- 5/14/2013 16.D. 11. 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, Floriclu 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 SUBRECIPIENTr in an amount not less than $1,000,000 per oceurrence51,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for• claims arising out of the services performed by the SUBRECIPI[?N1' or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION. PHASE (11= APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. b. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National flood Insurance Program is obtained and maintained as a condition of financial assistance tier acquisition or construction purposes (including rehabilitation). 'aptes Ecloc"16111 Challenge. Inc. C'U136ICUS 13 -0$} IIropert At;gnlsltion Page 13 of 26 (C Packet Page -3241- t, 5/14/2013 16. D.11. C)PLRA'I'ION' /MANAGE' ,knILN'I' PHASE (IF APPLICAi31-E) 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, Floritici Statutes. b. 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 that $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. H. flood insurance coverage for those properties found to be within a flood hazard zone f'or the full replacement values of the structure(s) or the maximum amount of coverage available through. the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T,I.M.A. Naples 1 questrian Ch1jilenge. Inc. C'lll3(, (C'l)s 13 -U,1') Propeny Acquisition Page 14 of'26 Packet Page - 3242 - `� 5/14/2013 16.D.1 1. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: REULIEST FOR PAYMENT Sub recipient Name: Naples Equestrian Challenge. Inc. Sub recipient Address: 206 Ridge Drive, Naples, FL 34108 Project Name: — Properiy Acquisition Project No: CDS13 -08 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS I . Grant Amount Awarded $ $520,000 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less.Su.m Ot' Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Skim 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 C( }UNI "Y and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator Supervisor — Dept Director \aplcs 1 {c(uc Armin Cha)lengc, 114. C'1)13(i (('1)S 13 -08) Property AVquisition Signature Date Title (approval authority under $14,999) (approval required $15,000 and above) Page 15 of'26 Packet Page -3243- 5/14/2013 16. D.11. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBREC III IfiN'i' certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 71 3,02 Part 1 Waiver or Release of Liens This Release and Affidavit is given in connection Nvith the SUBRECIPIENT's (monthly /final) Request for Payment. Witness: 13Y: Print name and title S'I':1'1'l: OF COUNTY OF Naples Equestrian Challenge, Inc. BY: ITS: Executive Director DATE: The foregoing instrument was acknowledged before me this day of 20_, by as of A Choose Nat -For- Profit, or Corporation or Municipality on behalf of Choose Not -For- Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Naples Equestrian Challenge, Inc. CDBG (CDS 13 -08) Propertyncquisitii >„ Page 1. 6of'26 Packet Page -3244- 5/14/2013 16. D.11. EXHIBIT `°D" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report Telephono Number: 239 - 596 =2988 '. TN oo 0 `REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 7131/13 10131113 Please take note: Each quarterly report needs to Include cumulative data beginning from the start of the agreement date of May 14, 2013 Please list the outcome goal(s) from your approved application & sub - recipient agreement and indicate your progress in meeting those 1. goals since May 14, 2013. Is this project still in compliance with the original project schedule? If more than 2 months behind schedule; must submit a new tirnel 2. ( for approval. Xapics Equestrian Challenge, Inc. CImci (( -I)S I 1 - {)g) Property Acquisition Page 17 of'26 Packet Page -3245- 5/14/2013 16. D.11. 3. 1 Since May 14, 2013, of the persons assisted, how manv.,.. a. ...now have new access (continuing) to this service or benefit? r0:: b. ...now has improved access to this service or benefit? C. ...now receive a service or benefit that is no longer substandard? A :'. TOTAL: 0 4. What funding sources area plied for this period ( program ear??.: Section 108 Loan Guarantee = HOPWA Other Consolidated Plan Funds CDBG $ 1 Other Federal Funds - ESG State / Local Funds HOME Total $ Entitlement $ Total Other Funds Funds Naples Equestrian Challenge. Inc. (DBG (CDS 13 -08) Property Acquisition Page 18 of'26 Packet Page -3246- v 5/14/2013 16. D.11. EXHIBIT "D" 5. IMM is the tots number of UNDUPLICATED clients served this quarter, If applicable? a. Total No N adult ferules served 0 -- Total No of females served under 18 D :" b. Total No ol adult hales served "�0 Total No d males served under 18 0 D -'- Veterans TOTAL: p TOTAL: 0 c. Toqu No cd lamflros served 0 Total F6 d temaW head of household '' 0 6. What is the tout number of UNDUPLICATED clients served since October It applicable? A. Total numtor of adult females served 0 .: Total number of females served under Is D -" b. Total number of ads% males surveil 0 Total number of males served under 18 0 RACE TOTAL: 0 TOTAL: 0 C. Total No of lamdbes served p Total No of inmate load of household. '0 Complete EITHER question M7 OR a8, Complete question 1f7 A your program onto servos Gems in one or more of the fisled HUD Presumed Benelit categories. Complete question a9 d a1y chart in yaw program does not fall No a Presumed Beneft category . DO NOT COMPLETE BOTH OUESTION 7 AND 8. 7. PRESUMEDSENERCIARYDATA: r a. OTHER: BENERCIARYDATAINCOME !i'ANGE Indicate the Iota) number of t rN0 rPr rear o persons served since October i who fall Into Indicate the total number of UMDUP f _9 O persons each presumed benefit category (!he lofaf served since October 1 who fell Into each income should equal the rota) at Question q8); category fire idaf should equal the Iota! in question Ke)! Re part as: Reoort as: .0 Abused Children A., Extreme!y low Income (D-3^) 0 Homeless Person Income (31 -50%) 0 Ballarad Spouses D:: Moderate incoroo Persons wl HNlN05 0 `- :Above Nioderata Income ( >80 %) 0 Elderly Persons D -'- Veterans 0.. Crvmicolyl Manlaty ill 0 Physt:,ally Dlsao'.eo Aduhs 0 01he, -Ydu1h TOTAL: 0 _ TOTAL: 0 v. lRacial & Ethnic Data: Of epp6caUW) Please indicate how many UNDUPLICATIE a 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 1Nnta of wham. rxM many are Hispanic? Btack/African Amercan 0 0 :`; of whom, rxw many we Hisptvdc? Asian .0 .. 0 of whom, how many are Hispanic7 American hdlaNAleska Native of whom, how many are Hispamc7 Native HawalaNOther Padre Islander of whom. how many are Hispanic? American 1ndaNAlaskan Native 8 White of whom, hen many ere Hispanic? 81eck/q!rrcan Mlerncan 3 Whue of whom, how many a e Hispanic? Am. tndaNAleska Native 8 BiacklAirican Am, Q 0. ,; of whom, hrnv many are Hispartic? U1ner Multi•racta4 of whom. how many we Hispa .49 Other 0 : of whom. has many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name Signature 'i t le our typed name re reaesel s you a ec ronic signature Naples F: iesirian Challenge. Inc. CDRG (C7DS I3 -08) Properly 'Acquisition Page 19 of 26 Packet Page -3247- col 5/14/2013 16. D.11. EXHIBIT `°E" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Governments, and Non - Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Fiscal Year Name I Naples Equestrian Challenge, Inc Period Total State Financial Assistance Expended during most recent) 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 n 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 n I 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. i I _ We are not subject to the requirements of OMB Circular A -133 because we; O Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above i ❑ 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. II i2nU111 J YYGIC. 11VLUU1 IUO*V, U1161V4C d UVPY V1 Une res onses ano corrective action Ian. Certification Statement I hereby certify that the above information is true and accurate. 1 Signature Date Print Name and Title Naplcs Fqucstrian Challenge. Inc. C'DBG (C1)s 13 -08) Property Acquishion Page 20 of'26 CO-` Packet Page -3248- 5/14/2013 16. D.11. EXHIBIT "F" LOCAL AND FEI)ERAL RULES, REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 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, Title V111 of" the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart 1< - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women oil projects assisted with federal funds and as supplemented in Department of'Labor regulations. 7. 'Title V11 of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 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 is an Equal Opportunity or Affimiative Action employer. 8. 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 SUBRE:CIPIENI "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 folloNving 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 Naples Equestrian Challenge. Inc. CI)13G (CDS }3 -08) Property Acqukition Page 21 of 26 Packet Page -3249- �• ~ 5/14/2013 16.D.11. 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 SUBRI:CIPIEN'T further agrees to ensure that opportunities for training and employment arising in connection vvith 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 veil! 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 HID programs. The SUBRE.,CiI'IENC certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Fxecutivc Orders 11375, 1.1478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.61.4 Subpart K. 12. The Americans with Disabilities Act of 1990 13, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 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 CPR 135.1 1(c)), 15. I`xeUltiVe Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 16. E,xecUL]Ve Order 11625 and U.S, Department of (-lousing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development (Block Grant Contracts. IT The SUBREC1PIl;NT 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. Naplcs Equestrian Challenge, Inc. CDBG (CDS 13 -08) ProperlyAequisiiion Page 22 of'26 Packet Page -3250- 5/14/2013 16. D.11. 18. Public L.a", 100-430 - the hair Housing Amendments Act of] 988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with institutions of Higher Education, Hospitals and Other Non - Profit Oroanir..ations 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 — I'ost -Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23. Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; o Section 84,25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECLPIENTs shall follow 570.505; Q Section 84,34(8), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: R 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 (lie equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.35. Supplies and other Expendable Property 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(6) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four 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 SUBRECIPIENTs shall comply with 570.503(b)(7); and Suhpart 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. 21. Immigration Reform and Control Act of 1986 as located at 8 tJSC 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. Naples EC1ueSLrian Challenge, inc. CNIG (C -DS 13 -08) Propem Aequisiliurt Page 23 of 26 Packet Page -3251- '` 5/14/2013 16. D.11. 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. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, tile 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 1'011 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 commencemcat 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 flail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44,102, f"korida SIafufes. 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 13Y 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 USC 7401, et seq. b. Federal water Pollution Control Act, 3' ) USC 1251, el seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570,605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is Obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of'said flood insurance. 27, The SUBRECIPIENT agrees that any constriction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act Bound at 24 C: FR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National I ] istoric Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 C17R Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they, apply to the performance of this agreement. Naples f;questrian C ludimpe. Inc, (DWi (CDS 13 -08) Property Acquisilion Page 24 of 26 Packet Page -3252- 5/14/2013 16.D.11. 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 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments. and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Fducational Institutions (even if mart of a State or local government) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non - Profit Organizations f61)ou: • A -122 for Cost Principles • A -110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBREC[PIENT'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. 33. 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 525,000, must adhere to the CDBG Regulations at 24 CFR 570,505. 34. As provided in § 287,133, Florida Sialules by entering into this Agreement or perfonning any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants v,,ho 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 Sialittes. 35, No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with Naples liqueslrian Challenge, Inc. ('F)t3Ci (C'DS 1:3 -08) Propeny Acquisition Page 25 of 26 i�l�� Packet Page -3253- 5/14/2013 16. D.11. 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 lunds 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 -L I-L,, "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. 36. Trawl reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by I-IUD. 35. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes, 119.021 Records Retention Naples liyucstrian Challenge, lnc. CDBG (CDS 13 -08) Property Acquisition Page 26 of 26 Packet Page -3254- 5/14/2013 16.D. 11. Grant # - B- 04 -UC-12 -0016 Grant # - B- 09 -UC -12 -0016 CFDA/CSFA# - 14.218 Subreci Tent — ABLE Academy DUNS # - 029483800 FETI # - 20- 3571795 FY End 12/31 AGREEMENT BETWEEN COLLIER COUNTY AND ABLE ACADEMY, INC. THIS AGREEMENT is made and entered into this 14th day of May, 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "ABLE Academy, Inc. ", a private not - for -profit corporation existing under the laws of the State of Florida, having its principal office at 5860 Golden Gate Parkway, Naples, Fl, 34116. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (IIUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood /community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; 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 low and moderate- income residents; 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 low and moderate- income residents; and WHEREAS, the Board of County Commissioners of Collier County approved various Collier County Consolidated Plans and Annual Action Plans for the CDBG Program; and WHEREAS, in accordance with IIUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on March 14, 2013 with a 30 -day citizen comment period from March 14; 2013 through April 15, 2013; and kBLE Academy (CDS13 -01) Building & Land Acquisition Page 1 of 26 Packet Page -3255- S 5/14/2013 16. D.11. WHEREAS, on April 23, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $515,000 to ABLE Academy — Land ,ak Acquisition and acquisition of its current leased facility located at 5860 Golden Gate Parkway, Naples, FL , 34116; 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 CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: FY2004 -2005 and FY2009 -2010 Amended Action Plans identified and approved the project to ABLE Academy for the following: Project Component One: Land Acquisition and purchase of existing building. Items identified for funding are outlined in the budget in Section III. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate - income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31th day of October, 2013. 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 CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDERED AND FIFTEEN THOUSAND DOLLARS ($515,000) 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 "). The budget identified for the Property Acquisition Project shall be as follows: Line Item Description CDBG Funds Land Acquisition and purchase of existing ABLE Academy building located at 5860 Golden Gate Parkway $ 515,000.00 ABLE Academy (CDS13 -01) Property Acquisition -Deed Transfer Page 2 of 26 Packet Page -3256- 5/14/2013 16. D.11. Modifications to the `Budget and Scope" may only be made if approved in advance. Buageted rund shirts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with board approval. All services 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 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 HI-IVS, 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 pursuant to the submittal of quarterly progress reports. Invoices for work performed are required every month. 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. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the terns of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by 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: Deliverable Payment Schedule Building and Land Acquisition; ABLE Upon invoicing using Exhibit B will Academy located at 5860 Golden Gate reimburse allowable expenses with Parkway documentation including but not limited to HUD Settlement Statement(s), appraisal(s), closing documents, and deed, with supporting documentation. 76 -80 children will benefit fiom this N/A funding and will be low- and moderate - income (LMI) persons; 51 % of the persons served must fall at or below 80% of Medium Family Income Quarterly Submission of Exhibit D N/A Income qualification Activities Inventory N/A Submission annually on 9/30 (Insurance Certificate/Property Appraiser Documents) IV. NOTICES `.BLE Academy CDS13 -01) Building & Land Acquisition Page 3 of 26 Packet Page - 3257 - 5/14/2013 16. D.11. Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:Rc54Murioz4ir C° llierp— ov.net 239- 252 -5713 SUBRECIPIENT ATTENTION: Dr. Colleen Cornwall, Executive Director ABLE Academy 5860 Golden Gate Parkway Naples, FL 34116 mails : alleen` ttheable-agpdem ors 239 - 352 -7600 V. ADDITIONAL CONDITIONS AND COMPENSATION 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 fiu-ther liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. 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 ABLE Academy N (CDS 13 -01) Building & Land Acquisition Page 4 of 26 Packet Page -3258- 'J 5/14/2013 16.D.1 1. and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating we review process under the provisions of 24 CFR Part 52. 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 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. 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 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. 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, 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 kBLE Academy (CDS13 -01) Building & Land Acquisition Page 5 of 26 Packet Page -3259- 5/14/2013 16. D.11. survive the termination and /or expiration of this Agreement. This section does not pertain to any inciaent 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. F. 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. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: I. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, 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 termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 6 of 26 Packet Page -3260- r 5/14/2013 16. D.11. 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 CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT'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 CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as detennined 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 -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the conditions outlined in 24 CFR 84.34. Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition subject to the conditions outlined in 24 CFR 84.35. 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 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: B. DOCUMENTATION AND RECORDKEEPING All records required by CDBG. 'ABLE Academy CDS 13 -01) Building & Land Acquisition Page 7 of 26 Packet Page -3261- 5/14/2013 16.D.1 1. 2. 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. 3. 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 four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) 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. 4. 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. 5. 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. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. 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 to the COUNTY on the 151" 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 ABLE Academy (CDS l 3 -01) ,n Building & Land Acquisition Page 8 of 26 Packet Page -3262 - 5/14/2013 16.D.11. agreed -upon Program objectives, activities and expenditures and including, but not limiiea to, perrormance aata on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program 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. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) 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 (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. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy, Purchasing Threshold Policy Dollar Range $ Quotes Under$3K 1 Written Quote Above $3K to $1 OK 3 Written Quotes Above $10K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. 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, utilized by the 1BLE Academy ,CDS I3 -01) Building & Land Acquisition Page 9 of 26 Packet Page - 3263 -' 5/14/2013 16.D. 11. SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of ttie 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 1X.B.3, the SUBRECCPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. 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. 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. 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 (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. C. PROGRAM BENEFICIARIES At least fifty -one percent (5l %) 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 "D" of this Agreement. ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 10 of 26 Packet Page -3264- 5/14/2013 16.D.11. D. 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 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. E. 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. XI. CONDITIONS FOR 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. 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 pail thereof. ABLE Academy (CDS 13 -0I) Building & Land Acquisition Page I 1 of 26 Packet Page -3265- 5/14/2013 16.D. 11. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 14th day of May, 2013. ATTEST: DWIGHT E. BROCK, CLERK Dated: (SEAL) ABLE Academy (CDS13 -01) Building & Land Acquisition BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ., CHAIRWOMAN ABLE Academy, Inc. By: Dr. Colleen Cornwall Dr. Colleen Cornwall Executive Director Subrecipient Name and Title Approved as to form and legal sufficiency: Jernuler B. White Assistant County Attorney Page 12 of 26 Packet Page -3266- -� ANk 5/14/2013 16.D.11. EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H 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 occurTence /$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: Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100°/x) 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. 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). 'ABLE Academy MS13 -01) 13uilding & Land Acquisition Page 13 of 26 Packet Page - 3267 -�' 5/14/2013 16.D. 11. 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 that $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. ABLE Academy (CDS13 -01) Building & Land Acquisition Page 14 of 26 Packet Page -3268- 5/14/2013 16.D.11. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: ABLE Academy _ Sub recipient Address: 5860 Golden Gate Parkway, Naples, FL 34116 Project Name: Building and Land Acquisition Project No: CDS13 - -01 Payment Request # Dollar Amount Requested: $ 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, Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ $515,000 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Authorizing Grant Coordinator Supervisor_ Dept Director �13LE Academy (CDS 13 -01) Building & Land Acquisition Signature Title Page 1.5 of 26 Date (approval authority under $14,999) (approval required $15,000 and above) Packet Page -3269- 5/14/2013 16. D.11. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 — Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. Witness: C Print name and title STATE OF COUNTY OF ABLE Academy, Inc. ITS: Executive Director DATE: The foregoing instrument was acknowledged before me this day of , 20`, by , as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not - For- Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: AISLE Academy (CDS 13 -01) Building & Land Acquisition Page 16 of 26 Packet Page -3270- 5/14/2013 16. D.11. EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of April 23, 2013. 1 Please llst'the outcome goals) from your approved application & sub - recipient agreement and indicate your progress in meeting those goals since - November 13 ,2012. B, Goal Progress. Indicate the progress to date in meeting each outcome 6,BLE Academy (CDS 13 -01) Building & Land Acquisition Page 17 of 26 Packet Page -3271- 2. R/1 di ')n-I � 19Z n 11 his project still in compliance with the original project tscheduleTl more han 2 months Wbind schedule, must submit ant :line for approval. 3. Since October 1, 2012, of the persons assisted, how many.... ABLE Academy {CDS13 -01} Building & Land Acquisition Page 18 of 26 Packet Page -3272- MAW Yes No 3. Since October 1, 2012, of the persons assisted, how many.... ABLE Academy {CDS13 -01} Building & Land Acquisition Page 18 of 26 Packet Page -3272- MAW No 3. Since October 1, 2012, of the persons assisted, how many.... ABLE Academy {CDS13 -01} Building & Land Acquisition Page 18 of 26 Packet Page -3272- MAW 5/14/2013 16. D.11. EXHIBIT "D" r S. I What is the total number of UNDUPLICATED clients served this quarter, if applicable? Complete EITHER question #7 OR #8. Complete question a. Total No. of adult females served: '01 Total No. of females served under 18: 0- b. Total No. of adult males served: 0 Total No. of males served under 18: 0` persons served since October f who fall into TOTAL: 0 TOTAL: 0 C. Total No. of families served: 0[ Total No, of female head of household: 0 ' 6. What isthe total number of UNDUPLICATED clients served since': October, ifappiicable? - a. Total number of adult females served i 0 Total number of females served under 18: 0 b. Total number of adult males served: 0" Total number of males served under 18: 0 0— 'Veterans TOTAL, 0 TOTAL: 0 C. Total No. of families served: 0 Total No. of female head of household: 0 Complete EITHER question #7 OR #8. Complete question #7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question #8 if any client In your program does not fall Into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PREsuNfED BENEFICIARY DATA: a. OTHER BENEFICIARY' DATA. )KOOME RANGE Indicate the total number ofMNP_UP_LKATED Indicate the total number of UNDUPLCATED persons persons served since October f 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) : Other Multi- racial Re port as: Report as: 0 'Abused Children 0 Extremely low Income (0 -30 %) 0 Homeless Person 0 Low Income (31 -50 %) 0 Battered Spouses 0 Moderate Income (S1 -80 %) 0 Persons w/ HIV/A[DS 0 Above Moderate Income ( }80 %) 0 Elderly Persons 0— 'Veterans 0 :Chronically/ Mentally ill 0 Physically Disabled Adults 0 'Other -Youth TOTAL: 0 TOTAL: 0 r 9. Racial& Ethnic. Data: ifa plicable} 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? Slack/African American 0' Asian :: of whom, how many are Hispanic? American Indian /Alaska Native O ; Native HawaliantOther Pacific Islander O American Indian /Alaskan Native & White 0 Black/African American & White 0' Am. Indian /Alaska Native & Black/African Am. 0 Other Multi- racial O Other 0" TOTAL: 0 Nam e: Title: ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 19 of 26 Signature: Your typed name here represents your a ec ronic signature Packet Page -3273- of whom, how many are Hispanic? 0 ; of whom, how many are Hispanic? O :: of whom, how many are Hispanic? 0 ; of whom, how many are Hispanic? O ; of whom, how many are Hispanic? 0 -; of whom, how many are Hispanic? O of whom, how many are Hispanic? 0 ; of whom, how many are Hispanic? D "' ; of whom, how many are Hispanic? 0 ;of whom, how many are Hispanic? 0 TOTAL HISPANIC Signature: Your typed name here represents your a ec ronic signature Packet Page -3273- 5/14/2013 16.D.11. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Governments, and Non -Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Name ABLE A Academy, Inc. Fiscal Year Period Total State Financial Assistance Expended during most recent) y 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 X 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. • .� ..cv ■� 11W 1W , li-.C1.76 G11%, VOW Q %,VIJY v1 ulC trb unseS anu corrective action Ian. Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title ABLE Academy (CDS 13 -01) Building & Land Acquisition Page 20 of 26 Packet Page -3274- 5/14/2013 16. D.11. EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block- Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 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, Title VIII of the Civil Rights Act of 1968 as amended 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. 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 advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 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 fiom 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 k.13LE Academy ,CDS 13 -01) Building & Land Acquisition Page 21 of 26 Packet Page -3275- �~ 5/14/2013 16. D.11. 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 IIUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14.29 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)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted proj ects. 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. ABLE Acadenry (CDS 13 -01) Building & Land Acquisition Page 22 of 26 Packet Page -3276- 5/14/2013 16.D.1 1. 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 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 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(8), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: ■ In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and ■ Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • 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 CDBG activities shall be four 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 lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and Subpart D — After- the -Award Requirements — except for 84.7 1, 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. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 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. 'ILE Academy - 'D513 -0 1) Building & Land Acquisition Page 23 of 26 Packet Page -3277- 1 5/14/2013 16. D.11. 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. 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, 20`h 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 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 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. ABLE Acadcmy (CDS13 -01) Building & Land Acquisition Page 24 of 26 Packet Page - 3278 - 5/14/2013 16. D.11. 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 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart R. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever agrees to adhere to the accounting principles and procedures required therein, utilize controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Tndian 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 is applicable, and adequate internal 32. 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. 33. 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. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with IBLF Academy (CDS 13 -01) Buiidiug & Land Acquisition Page 25 of 26 Packet Page -3279- �`� 5/14/2013 16. D.11. 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 SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any iule or regulation determined to be applicable by HUD. 38, Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021 Records Retention ABLE Academy (C1)s13 -01) Building & Land Acquisition Page 26 of 26 Packet Page - 3280 - r.