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Agenda 11/12/2013 Item #16D11Proposed Agenda Changes Board of County Commissioners Meeting November 12, 2013 Add On Item 11D: Recommendation to approve an emergency declaration extending the hours associated with excavation and hauling activities for Stewart Mine in order to facilitate the expedited completion of the current beach renourishment project. (Staff request) Move Item 16C2 to Item 11E: Recommendation to direct the County Manager or his designee to advertise an ordinance amending Ordinance No. 2001 -73, as amended, the Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to maintain compatibility with the Collier County Consolidated Impact Fee Ordinance, as amended. (Staffs request) Withdraw Item 16D2: Recommendation to approve five (5) releases of Affordable Housing Density Bonus liens due to properties being sold at less than the original purchase price. (Staffs request) Continue Item 16D11 to December 10, 2013 BCC Meeting: Recommendation to approve three (3) Subrecipient Agreements for the U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG) projects previously approved for funding in amended FY2011 -2012 and FY2012 -2013 HUD Annual Action Plans approved by the Board on October 8, 2013. (Staffs request) Move Item 16F1 to Item 11F: Recommendation to approve the selection and contract of Aviareps for tourism representation services in Brazil, authorize the Chair to sign a County Attorney approved contract, and make a finding that this expenditure promotes tourism. (Commissioner Henning's request) Move Item 16K3 to Item 12B: Recommendation that the Board of County Commissioners adopts the attached Resolution to amend the current policy regarding reimbursement of travel and expenses incurred by County Commissioners in the performance of their official duties. (Commissioner Coyle and Commissioner Fiala's separate requests) Move Item 17B to Item 9C: Recommendation to adopt an Ordinance repealing the ordinances which created the Animal Services Advisory Board, the Solid Waste Management Advisory Committee, the Collier County Public Health Unit Advisory Board, the Collier County Council of Economic Advisors, the Marco Island Vision Planning Advisory Committee, and the County Government Productivity Committee. (Commissioner Coyle's request) Move Item 17C to Item 91): Recommendation to adopt an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, providing for modifications directed by the Board of County Commissioners related to a change in the timing of payment of impact fees to issuance of a certificate of occupancy, the inclusion of Water and Wastewater Impact Fees as eligible for the "Impact Fee Program for Existing Commercial Redevelopment" and including additional minor updates or corrections related to "Adult Only Communities," obsolete refund provisions, reimbursement agreements and the "former" Goodland Water District. (Staffs request) Proposed Agenda Changes Board of County Commissioners Meeting November 12, 2013 Page 2 Note: Item 16E4: Page 6 of the Federally Funded Subgrant Agreement, Section 11 Remedies, should read: If an Event of Default occurs, then the Division awy shall, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively. (State's request) Time Certain Items: Item 12A to be heard at 11:00 a.m. Item 11C to be heard at 2:30 p.m. Item 11E to be heard immediately following Item 9D 11 /12/2013 16. D.11. EXECUTIVE SUMMARY Recommendation to approve three (3) Subrecipient Agreements for the U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG) projects previously approved for funding in amended FY2011 -2012 and FY2012 -2013 HUD Annual Action Plans approved by the Board on October 8, 2013. OBJECTIVE: To provide funding to three agencies to better serve those in need in the community. CONSIDERATIONS: In early 2013, Housing, Human and Veteran Services (HHVS) identified unspent CDBG funds from previous funding years. The projects to which some of these funds were recommended for reprogramming were identified and described in the FY2013 -2014 HUD Action Plan approved at an absentia Board of County Commissioners meeting on August 13, 2013 (Item #11A) and ratified at a regular Board meeting on September 10, 2013 (Item #16F1). Substantial amendments to various HUD Annual Action Plans were approved at the Board meeting on October 8, 2013 (Item #16D4) in order to fund the three (3) subrecipients: United Cerebral Palsy of Southwest Florida, Legal Aid Service of Collier County and the Boys & Girls Club of Collier County with the contract period of December 1, 2013 to November 30, 2014. Subrecipient Funding Project Scope Priority Needs Amount Categ o ry United Cerebral Palsy of $24,458 Fund partial salary for staff and drivers Non - Homeless Southwest Florida and fund related operating costs to Special Needs transport persons with disabilities to the UCP Adult Day Education/Training Center Legal Aid Service of $72,552 Fund 1 FT Attorney and 1PT Paralegal Community Collier County to provide legal services for victims of Development domestic violence, sexual assault, dating violence, child abuse and other abuses Boys & Girls Club of $183,236 Fund design and permitting activities Community Collier County such as, but not limited to, civil Development engineering, site plan, architectural services, surveying and permitting fees for the eventual construction of the Immokalee Youth Development Center Total $280,246 Staff has completed a compatibility analysis between the Consolidated Plan, the subrecipients grant application and amendments, the FY2013 -2014 Action Plan, Priority Needs Category (Community Development) and the Subrecipient's scope of work. Staff confirms that the project is compliant with the Consolidated Plan and the FY2013 -2014 HUD Annual Action Plan. Pursuant to the compatibility analysis outlined above, Board approval of the subrecipient agreements confirms the basis upon which payment is to be made. Packet Page -1586- 11 /12/2013 16. D.11. FISCAL IMPACT: There will be no effect on ad valorem or general fund dollars. Funds are available n within the Housing Grant Fund (705). Subreci ient Funding Source Funding Year United Cerebral Palsy of Southwest Housing Fund: CDBG FY2012 -2013 Florida Project: 33236 $24,458 Legal Aid Service of Collier County Housing Fund: CDBG FY2012 -2013 Project: 33236 $72,552 Boys & Girls Club of Collier County Housing Fund: CDBG Project: 33176 ($182,811) FY2011 -2012 Project: 33236 $425 FY2012 -2013 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. - JAB GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approves three (3) Subrecipient Agreements for the HUD CDBG projects previously approved for funding in amended FY2011 -2012 and FY2012 -2013 HUD Annual Action Plans approved by the Board on October 8, 2013. Prepared By: Elly Soto McKuen, Operations Analyst; Housing, Human and Veteran Services Packet Page -1587- 11 /12/2013 16. D.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.11. Item Summary: Recommendation to approve three (3) Subrecipient Agreements for the U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG) projects previously approved for funding in amended FY2011 -2012 and FY2012 -2013 HUD Annual Action Plans approved by the Board on October 8, 2013. Meeting Date: 11/12/2013 Prepared By Name: McKuenElly Title: Grant Support Specialist, Housing, Human & Veteran 10/22/2013 8:58:45 AM Submitted by n Title: Grant Support Specialist, Housing, Human & Veteran Name: McKuenElly 10/22/2013 8:58:46 AM Approved By Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 10/24/2013 1:08:55 PM Name: MesaNancy Title: Accountant,Housing, Human & Veteran Services Date: 10/24/2013 1:12:59 PM Name: GrantKimberley Title: Interim Director Date: 10/24/2013 9:23:17 PM Name: Bendisa Marku Title: Operations Analyst,Wastewater Date: 10/25/2013 12:00:54 PM Packet Page -1588- Name: SonntagKristi Date: 10/28/2013 1:26:17 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 10/29/2013 9:29:59 AM Name: RobinsonErica Date: 10/29/2013 1:51:12 PM Name: Camel]Steve Title: Purchasing/General Services Director Date: 10/29/2013 3:55:31 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 10/31/2013 11:05:56 AM Name: KlatzkowJeff Title: County Attorney Date: 10/31/2013 11:54:05 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/31/2013 4:56:14 PM Name: OchsLeo Title: County Manager Date: 11/3/2013 9:37:07 AM Packet Page -1589- 11/12/2013 16.D.11. 11 /12/2013 16. D.11. Grant # - B- 12 -UC -12 -0016 CFDA/CSFA# - 14.218 Subrecipient — Legal Aid Service of Collier County DUNS # - 844481478 FETI # - 59- 1547191 FY End 12/31 Monitoring Deadline 11/30/2018 AGREEMENT BETWEEN COLLIER COUNTY AND LEGAL AID SERVICE OF COLLIER COUNTY THIS AGREEMENT is made and entered into this 12th day of November, 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 "Legal Aid Service of Broward County, Inc. d/b /a Legal Aid Service of Collier County" a not for profit agency existing under the laws of the State of Florida, having its principal office at 4125 East Tamiami Trail, Naples, FL 34112. WHEREAS, the COUNTY is the recipient of CDBG funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston - Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year the FY2012 -2013 Annual Action Plan on July 24, 2012 and the FY2013 -2014 HUD Annual Action Plan at the August 13, 2013 absentia meeting, ratified at the September 10, 2013 Board of County Commissioners meeting; and WHEREAS, HUD has approved the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on July 14, 2013 with a 30 -day citizen comment period from July 14, 2013 through August 14, 2013; and NOW, THEREFORE, in consideration of the mutual covenants and obligations 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: FY2012- 2013Action Plan identified and approved the project to Legal Aid Service of Collier County for the following: Legal Aid of Collier County �\ (CD13 -10) Public Services Legal Support Page 1 of 30 Packet Page -1590- 11 /12/2013 16. D.11. Project Component One: Funding costs will include but not limited to the following expenses: Fund 1 Full Time (FT) Attorney and 1 (Part Time) PT Paralegal to provide legal services for victims of domestic violence, sexual assault, dating violence, child abuse, and other abuses. Project Component Two: Funding costs will include but not limited to the following expenses: Environmental Review. 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 1st day of December, 2013 and end on the 30th day of November, 2014. 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 SEVENTY TWO THOUSAND FIVE HUNDRED AND FIFTY TWO AND NO CENTS ($72,552.00) 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 "). The budget identified for the Micro - Enterprise Project shall be as follows: Line Item Description CDBG Funds Project Component One: Personnel Costs FT Attorney $ 53,000.00 PT Paralegal $ 18,952.00 Project Component Two: Environmental Expenses $ 600.00 Total Program Expenses: $729552.00 Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with board approval. Legal Aid of Collier County (CD 13 -10) Public Services Legal Support Page 2 of 30 Packet Page -1591- pm-774 11 /12/2013 16. D.11. 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 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. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule: Payment Deliverable Payment Supporting Documents Submission Schedule Project Component One: Funding Submission of supporting Submission of monthly invoices costs will include but not limited to the documents must be provided as following expenses: Fund 1 FT back up as evidenced by i.e. time Attorney and 1 PT Paralegal to provide sheets, payroll registers, banking legal services for victims of domestic documents, and any additional violence, sexual assault, dating documents as needed violence, child abuse and other abuses Final 10% ($7,255.20) released Project Component Two: Funding upon documentation of a costs will include but not limited to the minimum of 200 persons served following expenses: Environmental Review Project Deliverable Project Deliverable Submission Schedule Supporting Documentation Legal Aid of Collier County �. (CD13 -10) Public Services Legal Support Page 3 of 30 Packet Page -1592- 11 /12/2013 16. D.11. Creation and maintenance of income N/A Deliverable: Ongoing and to be eligibility files on clients served reviewed during monitorin This funding will benefit a minimum of N/A Deliverable: Ongoing and 200 low- moderate income individuals evidenced by quarterly report and in Collier County monitoring Quarterly Reports Exhibit D Deliverable: Quarte rl Proof of Insurance Insurance Certificate Deliverable: Annually within 30 days of renewal Affirmative Action Plan Documents Deliverable: Within 30 days of contract execution and as modified Annual Audit Audit Report with Management Deliverable: 6/30 annually Letter and Exhibit E IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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 :RosaMunoza,,Colliergov.net ---� 239 - 252 -5713 SUBRECIPIENT ATTENTION: Jeff Ahren, Director of Development Legal Aid Service of Collier County 4125 Tamiami Trail East Naples, FL 34112 mailtwiahren dlegalaid.org 239 - 298 -8130 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 Legal Aid of Collier County (CD13 -10) Public Services Legal Support Page 4 of 30 cA Packet Page -1593- 11 /12/2013 16. D.11. 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. 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. Legal Aid of Collier County (CDt3 =10) Public Services Legal Support Page 5 of 30 Packet Page -1594- 101 11 /12/2013 16. D.11. 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 arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. F. 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. DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such Legal Aid of Collier County (CD 13 -10) Public Services Legal Support Page 6 of 30 Packet Page -1595- 11 /12/2013 16. D.11. termination, the effective date, and, in the case of partial terminations, the portion to be terminated. n However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. (A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. 5. Submission by the SUBRECIPIENT of any false certification; 6. Failure to materially comply with any terms of this Agreement; and /�. 7. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. (B) In the event of any default by DEVELOPER under this Agreement, the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional property management; 3. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; 4. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no Legal Aid of Collier County (CD13 -10) Public Services Legal support Page 7 Of 30 cq Packet Page -1596- 11 /12/2013 16. D.11. claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. ^ 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 per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. 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 84.53(b), as modified by 24 CFR 570.502(b)(3)(ix) (A) and (B) 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. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. 3. All reports, plans, surveys, information, documents, maps, books, records and other data Legal Aid of Collier County (CD 13 -10) Public Services Legal Support Page 8 of 30 C,q Packet Page -1597- 11 /12/2013 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. 4. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period 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. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. 5. The SUBRECIPIENT shall maintain 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 compliance with the Contract Work Hours and maintain records showing contractor Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. 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. 7. 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, Legal Aid of Collier County ^. (CD13 -10) Public Services Legal Support Page 9 of 30 c9 Packet Page -1598- 11/12/2013 16.D.11. 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. 8. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. "COUNTY agrees that nothing in this Agreement shall be construed as requiring Legal Aid as SUBRECIPIENT to give access to any personal identifying information which is protected by the Attorney- Client privilege or by the provisions of the Rules of Professional Conduct of the Rules Regulating the Florida Bar relating to an attorney's obligation to preserve the confidences or secrets of a client." 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 COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND Legal Aid of Collier County (CD13 -10) Public Services Legal Support Page 10 of 30 �f3C Packet Page -1599- 11/12/2013 16.D.1 1. 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 $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid IFB F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. 11*� 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 570.503(c) and in accordance with an approved program income re -use plan, in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Legal Aid of Collier County (CD13 -10) Public Services Legal Support Page 11 of 30 Packet Page -1600- 11/12/2013 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 (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 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. The Legal Aid of Collier County (CD13 -10) Public Services Legal Support Page 12 of 30 Packet Page -1601- G 11 /12/2013 16. D.11. Affirmative Action/Marketing Plan will need to be updated throughout the four year period and submitted to County within 30 days of update /modification. 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. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 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 Legal Aid of Collier County (CD13 -10) Public Services Legal Support Page 13 of 30 9 Packet Page -1602- 11 /12/2013 16. D.11. 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Legal Aid of Collier County (CD13 -10) Public Services Legal Support Page 14 of 30 G Packet Page -1603- n, n 11 /12/2013 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 the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK, CLERK COUNTY, FLORIDA By Deputy Clerk GEORGIA A. HILLER, ESQ., CHAIRWOMAN Dated: (SEAL) Legal Aid of Collier County (CD13 -10) Public Services Legal Support Legal Aid Service of Broward County, Inc. d/b /a Legal Aid Service of Collier County Anthony J. Karrat, Esq., Executive Director Anthony J. Karrat, Esq., Executive Director Subrecipient Name and Title Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney 01 NX s "b> 4 ,,X Page 15 of 30 Packet Page -1604- 11 /12/2013 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, 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. Legal Aid of Collier County (CD 13 -10) n Public Services Legal Support Page 16 of 30 `Y Packet Page -1605- 11 /12/2013 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: 9. Workers' Compensation as required by Chapter 440, Florida Statutes. 10. 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. 11. 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. 12. Property Insurance coverage on an "All Risk" basis in an amount not less than one 110� 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. 13. 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. Legal Aid of Collier County (CDI3 -]0) Public Services Legal Support Page 17 of 30 CA Packet Page -1606- 11/12/2013 16.D.1 1. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Sub recipient Name: Legal Aid Service of Broward County, Inc. d/b /a Legal Aid Service of Collier County Sub recipient Address: 4125 Tamiami Trail East, Naples. FL 34112 Project Name: Legal Support Project No: CD13 -10 Payment Request # Dollar Amount Requested: $ Date. Period of Availability: 12/1/13 — 11/30/14 Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests k] 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director Legal Aid of Collier County (CD 13 -10) Public Services Legal Support Page 18 of 30 (approval required $15,000 and above) Packet Page -1607- 11 /12/2013 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: Print name and title STATE OF COUNTY OF Legal Aid Service of Collier County ITS: Esa Pro Bono Coord/Dev Services DATE: The foregoing instrument was acknowledged before me this day of 20_, by , as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: Printed) (AFFIX OFFICIAL SEAL) Legal Aid of Collier County /0—N, (CD13 -10) Public Services Legal Support (Signature) Name: (Legibly Notary Public, State of: Commission No.: Page 19 of 30 Packet Page -1608- EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report Agency Name Project Title: Program Contact: Kok /rTHE P f�"V �.Eykl.� i� nl� C IIA RIy��FI�tiYAGJ r. u�iM lc.3nlxd�st �1 Telephone Number: n m.... "REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 11 /12/2013 16. D.11. Date: Alternate Contact: u M " ❑ 02/28/14 t, [105/301141,11,11"[308131/14 ❑ 11/30/14, Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of November 12, 2013. 1 Legal Aid of Collier County (CD13 -10) Public Services Legal Support Page 20 of 30 Packet Page -1609- Cat z. Yes If no, ey 11 /12/2013 16. D.11. 3. a. b. C. 4. tY, YY �1 Y 1 k SLAW' "h 'i F19i� r I�ry l:'" J t � ';q �� 4 '':3�V' s'N�IiA'I�Ik^ @^'kTIT'Tl�ga41 �L � MAP h 'tl�'pXti•,b, ]': r< &i �•x.: :N e r \ �� t'; b. :i'. ESG � HOME Total ��4 .. �, ...now have new access (continuing) to this service or benefit? ... now has improved access to this service or benefit? now receive a service or benefit that is no longer substandard? n Section 108 Loan Guarantee HOPWA Other Consolidated Plan Funds CDBG Other Federal Funds ESG State / Local Funds HOME Total $ Entitlement $ Total Other Funds - Funds - Legal Aid of Collier County �1 (CD13 -10) Public Services Legal Support Page 21 of 30 G Packet Page -1610- 11 /12/2013 16. D.11. EXHIBIT "D" QUARTERLY PROGRESS REPORT 6. [What is the totol�numberof-UNDUP'LlUAlftV C11119111113 SerVOEI'MIN qusirwir, a. Total No. of adult females served: "'u Total No of females served under 18: No b. Total No. of adult males served: Total No, of males served under 18 TOTAL: 0 TOTAL: 0 _6 11 m - 0. Total No. of families served: . . . . . . . . ,'',Total No, of female head of household: 64, di 6. oUUND P,,Lla^T DiWj nti,iiiijiv ncs1i0ctb qir% a. Total number of adult females served :,qq,jk'�",�j' 601W Total number of females served under 18: b. Total number of adult males served: Total number of males served under 18: TOTAL: 0 TOTAL: 0 o. Total No. of families served: A f female h Total No. of ead of household: : 0111 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 08 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 0. iiiiy D*iA I'Mil Indicate the total number of UNDUPLICATED Indicate the total number of MhU21LE=A_TF_D persons persons served since October I who fall into served since October I who fall into each Income each presumed benefit category (the total :Otegory (the total should equal the total in question #6): should equal the total in question 06): Report as: Abused Children Homeless Person Battered Spouses Persons wi HIV /AIDS Elderly Persons Veterans Chronically/ Mentally Ill Physically Disabled Adults Other-Youth Report as: Extremely low income (0-30%) Low Income (31-50%) 1", U Moderate Income (51-80%) Above Moderate Income (>80%) TOTAL: 0 TOTAL: 0 s. Racial le Data: 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 °°`` M.K9 2 Black/African American r 5 &j Asian n- V American Indian/Alaska Native Native Hawaiian/Other Pacific Islander American Indian /Alaskan Native & Whiteiemie Black/African American & White � ­- Am. Indian /Alaska Native & Black/African Am. k�r ill Other MultFracialll TM Other TOTAL: Name: Title: Legal Aid of Collier County (CD13-10) Public Services Legal Support Page 22 of 30 of whom, how many are Hispanic? ;ofwhom, how many are Hispanic? of whom, how many are Hispanic? � Al of whom, how many are Hispanic? I of whom, how many are Hispanic? FMO—W; of whom, how many are Hispanic? V of whom, how many are Hispanic? 0 0 f whom, how many are Hispanic? of whom, how many are Hispanic? 029; of whom, how many are Hispanic? 0- --TOTAL HISPANIC Signature: Your typed name here represents your electronic signature Packet Page -1611- 11 /12/2013 16. D.11. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT 011118 r rl i f ; Local Go ern►nerits µand Non Profif �rgaralzatiDns�c tres,.the Collier, �A,1 unousngj, �lular alc�n S jMue ' rtmrt rriohit+:%rCttt1C� 5feici l +rarle: k Y C �a , d det rain , etl �n ilae� r USE, eta �I; r r �RaJ� N d LI 1, 07� llae tJult a1�egulation glywf� a nng":1 a 1.t]' •3„ '1 e a• �� r ,,'u% �: "�: Fs� �. � �'x.�nx �,` �' �+�. tQtifrlr a .Pfo'd a► a ` doc dent tsnr afdA( ania�tto 'orllplal7�eAl1t U ,I fi.. ,.:1 .•an 1m,, r r! 1 .: n. ,` t +:.- n�. -4:e ,. Y ..b a.:VI:JI « ?ad' ✓i., "T�.....r f 1, =n.« 1111 na 1 M,i.a r 5� !t li 1 Ir d r •i Ju s k a," , k 14 -1.r „.. , ,4 >. s: ,u�' g ref uirE?trleltts '':SI tt ono Ilb111l.�,s�z�* s'tl I4 �. w mac Yr w g • �!� r �� Legal Aid Sevice of BrGGI� Gountj, Inc. d /bIa Legal Aid" flP c P ed � r IIBI; R , Collier CountyVI� r 1 it 99 a. I. 1 a .i.. :? .. 'u .0 .:: , �r RF ,. 't I� '" ^1 ':MI 'Total State Financial Assistance Expended during ` most recently completed Fiscal Year Total Federal Financial Assistance Expended during most ? recentl lcoxr feted Fiscal Check Appropriate Boxes ❑ Vile aaxceeded the $500, 000 fedel s expenditure threshold for our fiscal�year ending a t liue� n.d have col i ete our +,Circular A= 33 audit. A copy of the ;audit report N and madef� der aac#ted.F' :r. We excee M":— $500;1000 fedelwi /&tate expenditure threshold for our fiscal year. tiding as indicated above and expect to complete our�'Circular A-133. audit by Within ❑ 30 days of cohipietion of iM A -133 audit, we will provide a copy ofthe audit report and mane ement Ietter We are not subject to the requirements of OMB Circular A-1 33 because we: . k �., Tt f + w ❑ G*Aot exceed the $500,000 fed�ta penditure threshold for the fiscal year -i� " ad M Nf�,ntN kxlbl indicated aboveIl Ii�11 ��r it ❑' Are a for-profit organization F. ❑ Are exempf'16rr other reasons - explain i An audited financial statement is attached and if applicable, the independent auditor's m,anagemen tter ; Ir nnam S were notes, piease enciose a COPY or tine responses ana corrective action Ian. Certification Statement Signature Print Name and Title Legal Aid of Collier County (CD13 -10) Public Services Legal Support Page 23 of 30 Packet Page -1612- Date 11 /12/2013 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, Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq 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 Legal Aid of Collier County (CD13 -10) Public Services Legal Support Page 24 of 30 Packet Page -1613- 11/12/2013 16.D.1 1. 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low - income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs. 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. Legal Aid of Collier County (CD13 -10) Public Services Legal Support Page 25 of 30 Packet Page -1614- 11 /12/2013 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 100430 - 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 Legal Aid of Collier County (CD 13 -10) Public Services Legal Support Page 26 of 30 Packet Page -1615- 11/12/2013 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 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. 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. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20'h Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY Legal Aid of Collier County n (CD13 -10) Public Services Legal Support Page 27 of 30 Packet Page -1616- 11 /12/2013 16. D.11. WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 26. 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. 27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 28. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 29. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. 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. 30. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). 31. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 32. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A -21 for Cost Principles Legal Aid of Collier County (CD 13 -10) Public Services Legal Support Page 28 of 30 Packet Page -1617- 11/12/2013 16.D.11. A -110 for Administrative Requirements Non- Profit Organizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements 33. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 34. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201 -4655) - 49 CFR Part 24 - 24 CFR Part 42 (subpart B) - Section 104(d) "Barney Frank Amendment. 35. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, �^. subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 36. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard 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 Legal Aid of Collier County �\ (CD13 -10) Public Services Legal Support Page 29 of 30 Packet Page -1618- 11 /12/2013 16. D.11. grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 37. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 38. Any rule or regulation determined to be applicable by HUD. 39. Florida Statues 713.20, Part 1, Construction Liens. 40. Florida Statutes 119.021 Records Retention. 41. Florida Statutes, 119.071, Contracts and Public Records Legal Aid of Collier County (CD13 -10) Public Services Legal Support Page 30 of 30 Packet Page -1619- 11 /12/2013 16. D.11. Grant # - B- 12 -UC -12 -0016 i-.. CFDA/CSFA# - 14.218 n Subrecipient — United Cerebral Palsy of Southwest Florida, Inc. (UCP) DUNS # - 078476765 FETI # - 59- 1796622 FY End 06/30 Monitoring Deadline 11/2018 AGREEMENT BETWEEN COLLIER COUNTY AND UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC. THIS AGREEMENT is made and entered into this 12th day of November, 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 "United Cerebral Palsy of Southwest Florida, Inc. ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 9040 Sunset Drive, Miami, FL 33173. WHEREAS, the COUNTY is the recipient of CDBG funds fiom the United States Department of Housing and Urban Development (HUD) as provided by the Cranston - Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year the FY2012 -2013 Annual Action Plan on July 24, 2012 and the FY2013 -2014 HUD Annual Action Plan at the August 13, 2013 absentia meeting, ratified at the September 10, 2013 Board of County Commissioners meeting; and WHEREAS, HUD has approved the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment on July 14, 2013 with a 30 -day citizen comment period from July 14 , 2013 through August 14 , 2013; and approved the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, NOW, THEREFORE, in consideration of the mutual covenants and obligations 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: FY2012 -2013 Action Plan identified and approved the Public Services Project to United United Cerebral Palsy of SW Florida, Inc. Transportation Services (CDI3 -11) Page 1 of 30 Packet Page -1620- 11/12/2013 16.D.11. Cerebral Palsy project as follows: Project Component One: Funding costs will include but not limited to the following expenses: Fund partial salary for Staff & Drivers and fund related operating costs to transport persons with disabilities to the UCP Adult Day Education/Training Center (ADT). 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 1st day of December, 2013 and end on the 30th day of November, 2014. 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 TWENTY FOUR THOUSAND FOUR HUNDRED FIFTY EIGHT DOLLARS AND NO CENTS ($24,458.00) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). The budget identified for the Transportation Project shall be as follows: Line Item Description CDBG Funds Project Component One: Funding costs will include but not limited to the following expenses: Fund partial salary for Staff & Drivers and fund related operating costs to transport persons with disabilities to the UCP Adult Day Education/Training Center (ADT). Director $ 7,807.55 Supervisor $ 5,546.80 Drivers $ 11,103.65 Total Personnel Expenses $24,458.00 United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -11) Page 2 of 30 CA Packet Page -1621- 11 /12/2013 16. D.11. Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item 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. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The following table details the project deliverables and payment schedule: PAYMENT DELIVERABLES Deliverable Payment -Supporting Documents Submission Schedule Project Component One: Funding Submission of supporting documents Submission of monthly invoices costs will include but not limited must be provided as back up as to the following expenses: Fund evidenced by i.e. time sheets, payroll partial salary for Staff & Drivers registers, banking documents, vehicle and fund related operating costs logs, and any additional documents as to transport persons with needed disabilities to the UCP Adult Day Final 10% ($2,445.80) released upon Education/Training Center documentation of a minimum of 8 (ADT). persons served PROGRAM DELIVERABLES Deliverable Program — Deliverable Supporting Submission Schedule United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -11) Page 3 of 30 Packet Page - 1622 - '�� 11/12/2013 16.D.11. 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 mailtwRosal \Junoz` ,ol1ierpv.rzct 239 - 252 -5713 SUBRECIPIENT ATTENTION: Kirk Zaremba and Ellie VanderMeuse United Cerebral Palsy of Southwest Florida, Inc. 9040 Sunset Drive Miami, FL 33173 nailtip:l zarembait?sunrisegroup..r rg el1ievtinderrneuseLti org 305 -273 -3055 & 239- 643 -5338 Ext 101 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 United Cerebral Palsy of SW Florida, Inc. �1 Transportation Services (CD13 -11) Page 4 of 30 Packet Page -1623- -,� Documents Creation and maintenance of N/A Deliverable: Ongoing and to income eligibility files on clients be reviewed during served monitoring This funding will benefit a N/A Deliverable: Ongoing and minimum of 8 individuals with evidenced by quarterly report developmental disabilities in and monitoring Collier County Quarterly Reports Exhibit D Deliverable: Quarterly Proof of Insurance Insurance Certificate Deliverable: Annually within 30 days of renewal Affirmative Action Plan Documents Within 30 days of executed agreement and updates submitted annually Annual Audit Audit Report with Management Deliverable: 12/31 annually Letter and Exhibit E 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 mailtwRosal \Junoz` ,ol1ierpv.rzct 239 - 252 -5713 SUBRECIPIENT ATTENTION: Kirk Zaremba and Ellie VanderMeuse United Cerebral Palsy of Southwest Florida, Inc. 9040 Sunset Drive Miami, FL 33173 nailtip:l zarembait?sunrisegroup..r rg el1ievtinderrneuseLti org 305 -273 -3055 & 239- 643 -5338 Ext 101 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 United Cerebral Palsy of SW Florida, Inc. �1 Transportation Services (CD13 -11) Page 4 of 30 Packet Page -1623- -,� 11 /12/2013 16. D.11. 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. 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 and /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. United Cerebral Palsy of SW Florida, Inc. Transportation Serviecs (CID 13-11) Page 5 of 30 Packet Page -1624- N 11 /12/2013 16. D.11. 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 arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. F. 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. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -11) Page 6 of 30 Packet Page -1625- 11 /12/2013 16. D.11. G. DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However„ if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. (A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. n 5. Submission.by the SUBRECIPIENT of any false certification; 6. Failure to materially comply with any terms of this Agreement; and 7. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. (B) In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional property management; 3. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; 4. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -11) Page 7 of 30 Packet Page -1626- 11/12/2013 16.D.11. 6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 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 expiation) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of ternnation shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. 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 84.53(b), as modified by 24 CFR 570.502(b)(3)(ix) (A) and (B), 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. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. United Cerebral Palsy of SW Florida, Inc. ^ Transportation Services (CO13 -11) Page 8 of 30 iNJ Packet Page -1627- 11 /12/2013 16.D.11. n 3. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 4. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the 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. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. 5. The SUBRECIPIENT shall maintain 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 shalt maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. 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. 7. 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, United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -11) Page 9 of 30 Packet Page -1628- 11/12/2013 16.D.11. 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. 8. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 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 15t" 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 COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. 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. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD 13-11) Page 10 of 30 (C. 0. Packet Page -1629- 11 /12/2013 16. D.11. n 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 $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the 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 n from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and infonnation that complies with Section 215.97, Florida Single Audit Act. X. OTHER PROGRAM REQUIREMENTS 11—IN United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -11) Page 11 of 30 Packet Page -1630- 11 /12/2013 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 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. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. D. AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval within 30 days of the award of funds. The Affirmative Action will need to be updated throughout the four year period and submitted to County within 30 days of update /modification. Unitcd Ccrebral Palsy of SW Florida, Inc. Transportation Services (CD 13 -11) Page 12 of 30 Packet Page - 1631 - f" �, n 11/12/2013 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. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 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 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not he 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 11—N United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -11) Page 13 of 30 Packet Page -1632- 11/12/2013 16.D.11. 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 r� 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW United Cercbral Palsy of SW Florida, Inc. Transportation Services (CD13 -1 t) Page 14 of 30 C:t� CJ Packet Page -1633- I 11/12/2013 16. D.11. IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Dated: n By: Deputy Clerk GEORGIA A. HILLER, ESQ., CHAIRWOMAN (SEAL) /—IN, United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD 13 -11) UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC. By: Subrecipient Signature James G. Weeks, PhD /Chief Financial Officer Subrecipient Name and Title Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Page 15 of 30 Packet Page -1634- J; ►3 � d A I LIKYJ 11/12/2013 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, Certificates) 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: I.—I 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. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -11) Page 16 of 30 Packet Page -1635- G 11 /12/2013 16.D.11. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 n 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 "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. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -11) Page 17 of 30 C' Packet Page -1636- 11 /12/2013 16. D.11. EXHIBIT `B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: United Cerebral Palsy of Southwest Florida, Inc. (UCP) Sub recipient Mailing Address: 9040 Sunset Drive Miami, FL 33173 Project Name: United Cerebral Palsy Transportation Services Project No: CD13- Payment Request # Dollar Amount Requested: Date Period of Availabilitv: 12/1/13 — 11/30/14 Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Date Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -1 l) Page 18 of 30 Packet Page -1637- n 11 /12/2013 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: Print name and title n STATE OF COUNTY OF United Cerebral Palsy of Southwest Florida, Inc. I ITS: Corporate Director of Grants and 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 me OR has produced as identification and who did (did not) take an oath. My Commission Expires: Printed) (AFFIX OFFICIAL SEAL) Unitcd Cerebral Palsy of SW Florida, Inc. "transportation Services (CD 13 -11) (Signature) Name: (Legibly Notary Public, State of: Commission No.: Page 19 of 30 6 Packet Page -1638- EXHIBIT " W QUARTERLY PROGRESS REPORT Sub - recipients: Please flit In the following shaded areas of the report Agency Name: Lohlte_'' erib41,P siousouthwestFlorida , inC.,,,a ,.,,r,... Project TI tie: 11/12/2013 16.D.11. b h A Date: , ' c'p x� C , v �" r Ytry p ­W­ llAlternate ?#d0 .t1 Program Contact: eUS x Contact Are��e0t 4 Telephone Number: i, {05j;2i33Q55, �z -,s .u, "REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 002/28/14 005/30/14 0114 ] .11130/14 Please take note: Each quarterly renort naeris to inch irto mmi iinti"o rinh hcninninn imm #hn aF —f of fh. ­.—f 4.+e . f ni....e. k— 10 Oni l 7. Please list the outcome goal(s) from your approved application sub - recipient agreement and indicate your progress In meeting those goals since September 24, 2013. B. Goal Progress: Indicate the progress to date in meeting each outcome goal. United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -11) Page 20 of 30 yif E Packet Page -1639- . ¢S 2. 3. 11 /12/2013 16. D.11. Is .this project stun In compliance with the original, project schedule? If more than 2`months behind schedule, must submit a new timeline for approval. Yes �,.� ... No If no, explain: Since October 1, 2012, of the persons assisted, how many.... United Cerebral Palsy orSW Florida, Inc. 'transportation Services (CDI3 -I I) Page 21 of 30 Packet Page - 1640 - ;4 a. ...now have new access (continuing) to this service or benefit b. ...now has improved access to this service or benefit? s Q C. ...now receive a service or benefit that is no longer substandard ?07 TOTAL: 0 �1 4. What funding sources are applied for this period I program ear? n ` Section 108 Loan Guarantee � HOPWA � yy Other Consolidated Plan Funds CDBG x 4 3*rs Other Federal Funds 5° ESG State l Local Funds `.y :.: HOME ,, Total $ Entitlement $ Total Other Funds - Funds - United Cerebral Palsy orSW Florida, Inc. 'transportation Services (CDI3 -I I) Page 21 of 30 Packet Page - 1640 - 11 /12/2013 16. D.11. EXHIBIT "D" n 6. What Is the total number of UNDUPLICATED chants served this quarter, if- applicable? , a. Total No. of adult females served: p Total No. of females served under 18: D r b. Total No. of adult males served: € O, " -; Total No. of males served under 18: ~ f r3 TOTAL: 0 TOTAL: 0 c. Total No. of families served: { 0 ':_ '` Total No. of female head of household: f+ d 6. What Is the total number of UNDUPLICATED clients served since October. If applicable? a. Total number of adult females served: ', D Total number of females served under 18. U ,; b. Total number of adult males served: Ci" ' ,;:Total number of males served under 18:6 TOTAL: 0 TOTAL: 0 ,, C. Total No. of families served: fi 0, y' Total No. of female head of household: . Complete EITHER question #7 OR #8. Complete question #7 if your program only serves clients In one or more of the listed HUD Presumed Benefit categories. Complete question 08 If any client in your program does not fall Into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND a. r 7. 1PRESUMEDIFIENEFICIARY DATA:, S. OTHER.ZEIN'EFICIARY DATA: INCOME RANGE Indicate the total number of UNQUIVI t .AY D persons served since October 1 who fall Into indicate the total number of 11NQIjPl l AT 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 06): Report as: Report as: kxb� Abused Children n p Homeless Person �0 a Extremely low Income (0 -30 %) S f ' ( : S 'Low Income (31 -50 %) ? D Battered Spouses ;p �iModerate Income (51 -50 %) D i Persons w/ HN/AIDS Elderly Persons r'^ p %;Above Moderate Income ( >80%) :.Veterans Chronically/ Mentally ill . Physically Disabled Adults Other -Youth TOTAL: 0 TOTAL: 0 9. 6ta0a1 & 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`s ; of whom, how many are Hispanic? Black/African Amencan. - O D . "; ofwhom, how many are Hispanic? Asian ofwhom, how many are Hispanic? American indian/Alaska Native,; O 0 ; of whom, how many are Hispanic? Native Hawaiian/Other Pacific Islanders 0 ' p 'i; ofwhom, how many are Hispanic? American Indian /Alaskan Native & White D - 0 '; of whom, how many are Hispanic? Black/African American & White; - 0 O ; of whom, how many are Hispanic? Am. Indian /Alaska Native & Black/African Am,, j, 0 , ; of whom, how many are Hispanic? Other Multi - racial D 0, ; of whom, how many are Hispanic? Other 0 0 of whom, how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Title: United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -11) Signature: Your typed name here represents your electro n�c signature Page 22 of 30 Packet Page -1641- r;° 11/12/2013 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 United Cerebral Palsy of Southwest Fiscal Year Name Florida, Inc. Period Total State Financial Assistance Expended during $ most recently corn leted Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A -133 audit by . Within ❑ 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: p 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 Tlnaings were nova, lease enclose a E;0PY V1 &"a rt:5 VII,C.7 anu t4VIIW4.lavc C11.1.1VII JJ OR 1-1 Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD 13 -11) Page 23 of 30 Packet Page -1642- 11 /12/2013 16. D.11. EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 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(6) 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, Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq 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 IIousing 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 United Cerebral Palsy of SW Florida. Inc. --. Transportation Services (CD13 -11) Page 24 of 30 Packet Page -1643- ,c 11 /12/2013 16. D.11. 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest n extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low - income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low - income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low - income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low - income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists n 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 135.1l(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 101"%11 United Cerebral Palsy of SW Florida, Inc. Transportation Services (CDI3 -11) Page 25 of 30 Packet Page -1644- 11 /12/2013 16. D.11. 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 7945 - 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: • 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 United Cerebral Palsy of SW Florida, Inc. Transportation Scrviccs (CD13 -11) Page 26 of 30 Packet Page -1645- +'> 11/12/2013 16.D.11. which the specific activity is reported on for the final time rather than from n 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 • 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 subrecipients that are governmental entities. 21. Inunigration Reform and Control Act of 1986 as located at 8 U SC 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. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed - upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20"' Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD13 -11) Page 27 of 30 Packet Page -1646- ` 11/12/2013 16.D.11. TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 26. 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. 27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 28. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 29. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence fiom the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 30. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). 31. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 32. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A -21 for Cost Principles United Cerebral Palsy of SW Florida, Inc, Transportation Services (CD13 -11) Page 28 of 30 Packet Page -1647- sCC 11 /12/2013 16. D.11. • A -110 for Administrative Requirements Non -Profit Organizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements 33. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 34. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201 -4655) • 49 CFR Part 24 - 24 CFR Part 42 (subpart B) - Section 104(d) "Barney Frank Amendment. 35. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, n 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. 36. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard 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 11—IN, United Cerebral Palsy of SW Florida, Inc. Transportation Services (CD 13-11) Page 29 of 30 Packet Page -1648- -J 11/12/2013 16.D.11. grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 37. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 38. Any rule or regulation determined to be applicable by HUD. 39. Florida Statutes 713.20, Part 1, Construction Liens. 40. Florida Statutes 119.021 Records Retention. 41. Florida Statutes, 119.071, Contracts and Public Records. United Cerebral Paisy of SW Florida, Inc. n Transportation Services (CD13 -11) Page 30 of 30 Packet Page -1649- n 11/12/2013 16.D.11. Grant # - B- 11 -UC -12 -0016 B- 12 -UC -12 -0016 CFDA/CSFA# - 14.218 Subrecipient — Boys & Girls Club of Collier County, Florida, Inc. DUNS # - 018696208 FETI # - 65-0279110 Fiscal Year End: 5/31 Monitor End: 11/30/2018 AGREEMENT BETWEEN COLLIER COUNTY AND BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. CDBG Site Design, Plan, and Permitting THIS AGREEMENT is made and entered into this 12th day of November, 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 `BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. ( "Boys & Girls Club" or "Subrecipient ") a private not- for -profit corporation existing under the laws of the State of Florida, having its principal office at 7500 DAVIS BOULEVARD NAPLES, FLORIDA 34104. 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 n COUNTY's housing and community development activities; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plans for Federal Fiscal Year 2011 -2012 on November 8, 2011, Fiscal Year 2012 -2013 on July 24, 2012, and Fiscal Year 2013 -2014 for the CDBG Program at the August 13, 2013 absentia meeting- Agenda Item IIA, ratified at the September 10, 2013 Board of County Commissioners meeting; the County Advertised a substantial amendment on July 14, 2013 with a 30 day citizen comment period from July 14, 2013 through August 14, 2013; and WHEREAS, HUD has approved the County's Consolidated Plan, and the County prepared a One -Year Action Plan for Federal Year 2011 -2012, 2012 -2013 and FY2013 -2014, 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, on October 8, 2013 the COUNTY approved substantial amendments to various year's Annual Action Plans providing CDBG funds in the amount of $183,236 to Boys & Girls Club of Collier Coan11,, Florida, Inc for the CDBG Site Design, Plan, and Permitting located at Imrnokalee, FL; and NOW, THEREFORE, in consideration of the mutual covenants and obligations herein, the Parties agree as follows: Boys & Girls Club of Collier County, Florida, Inc. 2611 -2012 CDBG (CD 12-03) Pagel of 33 Packet Page -1650- WIN 11 /12/2013 16.D.11. I. SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards ^ required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), and the FY2011 -2012 and 2012 -2013 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: HHVS, as an administrator of the CDBG program, will make available CDBG funds up to the gross amount of $183,236 to the Boys & Girls Club to fund design and permitting activities such as, but not limited to, civil engineering, site plan, architectural services, surveying and permitting fees for the eventual construction of the Immokalee Youth Development Center. A. SPECIAL GRANT CONDITIONS 1. Within 60 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the design and permitting activities. 2. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the incurrence of Costs on activities that would limit the choice of reasonable alternatives. 3. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds. a. Affirmative Fair Housing Policy b. Procurement Policy including Code of Conduct c. Affirmative Fair Housing Marketing Plan .-. d. Conflict of Interest Policy e. Equal Opportunity Policy f. Residential Anti - displacement and Relocation Policy g. Sexual Harassment Policy h. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) i. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) B. PROTECT DETAILS Project Component 1: Design and Permitting Fees The Subrecipient will engage in developing design and pennitting activities such as, but not limited to, civil engineering, site plan, architectural services, surveying and permitting fees for the eventual construction of the Immokaiee Youth Development Center, The Boys & Girls Club will receive an amount up to $183,236 through an allocation of funds to perform the following CDBG activities: Boys & Girls Club of Collier County, Florida, Inc. 2011 -2012 CDBG (CC) 12-03) Page 2 of 33 Packet Page -1651- Noz, 11 /12/2013 16. D.11. Im rovements Federal Funds Project Component 1: Fund design and permitting activities such $183,236 as, but not limited to, civil engineering, site plan, architectural services, surveying and permitting fees for the eventual construction of the Immokalee Youth Development Center. Crand Total $183,236 1. Project Tasks a. Maintain documentation on all households using the facility in compliance with 24CFR 85.42 b. Provide quarterly reports on meeting a CDBG National Objective. c. Obtain Necessary Permits and Approvals d. Procure Engineering and Design services e. Prepare Bid Specifications and Engineer's Cost Estimate f. Submit invoices to HHVS for permitting/design/planning costs g. Provide for a lien the property in the amount of CDBG assistance until the project has completed construction. 2. National Objective The grant funds to the Boys & Girls Club will benefit at least 51 % Low to Moderate Income individuals. As such the Subrecipient shall be responsible for ensuring that at least 51% A0_1% percent of the beneficiaries meet the definition of Limited Clientele Activities at 24 CFR 570.208(a)(2). II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 1st day of December, 2013 and end on the 30th day of November, 2014. 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 EIGHTY THREE THOUSAND TWO HUNDRED THIRTY -SIX DOLLARS ($183,236) 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"), Boys & Girls Chub of Collier County, Florida, Inc. 2011 -2012 CDBG (CD 12 -03) � Page 3 of 33 FARK Packet Page -1652- 11/12/2013 16.D.1 1. Modifications to the `Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a. project component shall only be made with board approval. All improvements specified in Section I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written 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 Payment Schedule Payment Deliverable Payment Schedule Submission Schedule Permi&Design Submission of monthly • Monthly Plans/Engineering Specs invoices on AIA G702 -1992 /Surveying Costs form (attached as Exhibit "G") or equivalent document per contractor's Schedule of Values, check stubs, bank statements and any other additional documentation as requested. Boys & Girls Club of Collier County, Florida, Inc. 2411 -2012 CDBG (CD 12 -03) • Final 10% ($18,323) released upon delivered Final Delivery completed Design and Engineering Specs, Surveys, and proof of proper permits. Page 4 of 33 Packet Page -1653- 0 11/12/2013 16.D.11. The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Documentation Submission Schedule Special Grant Condition Policies Section I.A.3 Policies as stated in this agreement Prior to the disbursement of fiords Insurance Exhibit A Prior to the disbursement of funds Detailed Project Schedule Project Schedule Within 60 days of Agreement Execution Submission of Exhibit D Exhibit D Quarterly and Annually thereafter until 11/2018 Audit Exhibit E Annually 180 days after FY end Continued Use Continued Use Affidavit Annually until 2018 Program Income Reuse Plan Plan approved by the County Annually until 2018 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 n 239 -252 -2336 geoffreymagon@colliergov.net SUBRECIPIENT ATTENTION: Theresa J. Shaw President/CEO Boys & Girls Club of Collier County, Florida, Inc. P.O. Box 8896 Naples, FL 34101 239 -325 -1765 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant fiends 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. Boys & Girls Club of Collier County, Florida, Inc. 2011 -2012 CDBG (CD 12-03) Page 5 of 33 0 Packet Page -1654- 11 /12/2013 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 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. 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 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 subject to CDBG regulations, 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 Boys & Girls Club of Collier County, Florida, Inc. 2411- 2012 CDBG (CD 12 -03) Page 6 of 33 0 Packet Page -1655- 11 /12/2013 16. D.11. 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 Stahrtes. This Section shall survive the expiration of termination of this agreement. 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. DEFAULTS, REMEDIES AND TERMINATION In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determined that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. (A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under tlus Agreement Boys & Girls Club of Collier Camty, Florida, Inc. 2011 -2012 CDBG (CD 12 -03) Page 7 of 33 Packet Page -1656- 11 /12/2013 16. D.11. 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. 5. Submission by the SUBRECIPIENT of any false certification; 6. Failure to materially comply with any terms of this Agreement; and 7. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the use of or change in professional property management; 3. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds SUBRECIPIENT has received under this Agreement; 4. Apply sanctions set forth in 24 CFR 42, if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 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 per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Boys & Girls Club of Collier County, Florida, Inc. 2011 -2012 CDBG (CD 12 -03) Page 8 of 33 Packet Page -1657- `ly 11 /12/2013 16. D.11. 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. VIIL 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. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. n 3. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHV S. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 4. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520 with the following exception: if any litigation, claim or audit is started before the expiration date of the 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. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the Bovs & Girls Club of Collier County, Florida, Inc. /0—\ 201 i -2012 CDBG (CD 12 -03) Page 9 of 33 Packet Page -1658- 11 /12/2013 16. D.11. contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. 5. The SUBRECIPIENT shall maintain 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. 6. 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. 7. 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. 8. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 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 foam 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 COUNTY will conduct an Boys & Girls Club of Collier County, Florida, Inc. 2011-2012 CDBG (CD 12 -03) Page 10 of 33 Packet Page -1659- to 11/12/2013 16.D.1 1. annual fmancial and programmatic review. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. 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 the Collier County Purchasing Policy Purchasing Threshold Policy Dollar Range $ Quotes Under $3K 1 Written Quote Above $3K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the 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 tern is defined under applicable Federal regulations) gained from any activity of the SUBRECiPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.13.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law Boys & Girls Club of Collier County, Florida, Inc. 2011-2012 CDBG (CD 12-03) Page 11 of 33 Z Packet Page -1660- 11 /12/2013 16. D.11. records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall ^ also produce records and information that complies with Section 215.97, Florida Single Audit Act. 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. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. D. AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to Boys $ Girls Club of Collier County, Florida, Inc. 2011 -2012 CDBG (CD 12 -03) Page 12 of 33 Packet Page -1661- 11 /12/2013 16. D.11. the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the five year period and submitted to County within 30 days of update /modification. 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. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents n 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. Boys & Girls Club orCollier County, Florida, Inc. 11—N 2011 -2012 CDBG (CD 12 -03) Page 13 of 33 r' Z Packet Page -1662- 11 /12/2013 16. D.11. 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. Boys & Girls Club of Collier County, Florida, Inc. 2011 -2012 CDBG (CD 12 -03) (Signature Page to Follow) Page 14 of 33 Packet Page -1663- 11/12/2013 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 the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Dated: (SEAL) Boys & Girls Club of Collier County, Florida, Inc. 2011-20 t2CDBG (CD 12 -03) GEORGIA A. HILLER ESQ, CHAIRWOMAN BOYS & GIRLS CLUB OF COLLIER COUNTY, INC. Theresa J. Shaw President /CEO Boys &`Girls Club of Collier County, Florida, Inc. Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney Page 15 of 33 Packet Page -1664- \© p 11 /12/2013 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: I. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1 ,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 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). Boys & Girls Club of Collier County, Florida, Inc. 2011 -2012 CDBG (CD 12 -03) Page 16 of 33 Packet Page -1665- 11 /12/2013 16. D.11. OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept n in force throughout the duration of the loan and /or contract: 9. Workers' Compensation as required by Chapter 440, Florida Statules. 10. 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. 11. 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. 12. 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. 13. 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. Boys & Girls Club of Collier County, Florida, Inc. 2011 -2012 CDBG (CD 12 -03) Page 17 of 33 Packet Page -1666- 11/12/2013 16.D.11. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Sub recipient Name: Boys & Girls Club of Collier County Florida. Inc Sub recipient Address: Project Name: Permits and Design Project N Payment Request # Dollar Amount Requested: $ Date Period of Availability: 12/1/13 — 11/30/14 Period for which Agency has incurred indebtedness: SECTION 11: STATUS OF FUNDS 1. Grant Amount Awarded $ $183,236 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. Signature Title Authorizing Grant Coordinator Supervisor. Dept Director Boys & Girls Club of Collier County, Florida, Inc. 2011 -2012 CDBG (CD 12 -03) Date (approval authority under $14,999) (approval required $15,000 and above) Page 18 of 33 Packet Page -1667- n 11 /12/2013 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 a lien 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. BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. Witness: BY: Print name and title STATE OF �. COUNTY OF ITS: DATE: The foregoing instrument was acknowledged before me this day of , 20l, by , as of A Choose Not- Far - Profit, or Corporation or Municipality on behalf of Choose Not - For - Profit, Corporation or Municipality . He /She is personalty 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: Boys & Girls Club of Collier County, Florida, Inc. 2011 -2012 CD13G (CD 12 -03) Commission No.: Page 19 of 33 Packet Page -1668- { _i 11 /12/2013 16. D.11. EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients: Please Till in the following shaded areas of the report Agency Name: t Sbys °:& Gins Club oftCoiher County Florida ]ric , r;, ,k ,,; Date: � - Project Title: Pertmits fEnglrigefinglAr6ited'ure Alternate x °` Program Contact: Contact: Telephone Number: . "REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): k 1 A' Y 06/30113 r E59130113 U2/31/13 �Q!131114 Please take note: The CDHG/HOME /ESG Program year begins October 1, 2013 - September 30, 2014. Each quarterly report needs to include cumulative data beginning from the start of the program year October 1, 2013. 1 Please list the outcome goal(s),from your approved application &.sub- recipi "ent agreement and indicate your progress in meeting those goals =since April 23, 2013. A. Outcome Goals: list the outcome goal(s) from Your approved application &sub - recipient agreement. 11—N Packet Page -1669- 2. I s this project still in compliance with the original project schedule? if more than 2 months behind schedule, must submits newtimeline appir . oval. 3. Since April 23, 2013, of the persons assisted, how many.... a. ...now have new access (continuing) to this service or benefit? b. ...now has improved access to this service or benefit? C. ...now receive a service or benefit that is no longer substandard? is ,.0.,' TOTAL: 0 A. I What funding`sources`are appii Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds Total Other Funds Boys & Girls Club of Collier County, Florida. Inc. 2011-2012 CDBG (CD 12 -03) S Page 21 of 33 Packet Page -1670- Total Entitlement 5 Funds 11 /12/2013 16. D.11. EXHIBIT "D" QUARTERLY PROGRESS REPORT 1. 1111that is the totalnumbarol'UNIOUPLICATED clionisservied this quarlor,11applicable? a. Total No of atkilt females solved 0 Total No of females served under 18. b. Total No of a" males served Tolal No. of males served eider 18, TOTAL: 0 TOTAL: 0 C. Total No of families served Total No. of female head of household a. lWhat is the total numb I or of UNDUPLICATED cilonts'served since October, 11 applicabie? a. Total frumbivroloduh females served. 0, 0 Total number of females solved under W b. Trial number of a" males served Total number of males served under IS: 1 0 TOTAL: 0 TOTAL: 0 C. Total NO or famines served: O� 7cAsIND offernaldheadothouseh.0A Complete EITHER question #7 OR #11. Complete question ff if your Program only serves cberAs in one or more of the fisted HUD Presumed Benefit categories. Complain question 08 1 any diem in your program does not fail into a Presumed Benefit category DO NOT COMPLETE BOTH QUESTION 7 AND & 7. 1PRESUMED BENEFICIARY DATA. L r a. OTHER BENEFICIARY DATA. INCOME Indicate the total number of YBDIL&ACAIM persons served since October 1 who fall into Indicate the total number of VIVDIJeLCAMD persons each presumed benefit category (the total served since October I who fall into each income should equal the tolisfin question, 106). category (ire talai should equal ft fatal in questbri, 1118): Report an: Report as: Abused Child 0 Extremely low Income (0.3D%) 0 Homeless Pelson 0 Low income (31.50 %) Q_` - Battered SWUSas I O ivbdavajQkXoMe(5j_S^) Persons w/ FWAIDS i D :Above Moderate Income (-RD%) Elderly Persons Chroniteallyl ribintally 0 4. Physically Disabled Adults Other-yotish TOTAL: 0 TOTAL: 0 9. Racial & Ethnic Data: 1(ifoullpficable) Please indicate how triany, 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 thermelvers Hispanic (Total Race colurm should equal the total cA. RACE ETHNICITY Win ft, J,:­ ot whom, Crow mart' are haspal nic? Boys & Girls Club ol'C.()jlitl cotultv, Florida. Inc. 2011-2012 CDBG (CD 12-03) Page 22 of 33 Packet Page -1671- of whom, how many are Hisparrr? Asian, of whom, ho* many are Hispanic? American indiarVAlaske Nolive,, 0 ' of whom, how maw are Hispan ic? Native HawaiianfOlher Pacific Islander —6, of whom. how many are Hispanic? American tridiarVAInkan Native 8 While D 0 of whom, how marry are Hispanic? BlacV4 man American 8 White 0 of wtiom, how marry are Hispanic 7 Am inclianfAlaskaNalivog8lack/Airr ari Am, 0 of wham, how many are Hrsporkl? Other I" facial 0 0 of whom, how many are Hispanic? Dow 0 0 of whom, how many live Ksparvr? TOTAL; 0 0 TOTAL HISPANIC Name Signature. Title Your typed name here flipfesenis you @W_*onj-c signattire Boys & Girls Club ol'C.()jlitl cotultv, Florida. Inc. 2011-2012 CDBG (CD 12-03) Page 22 of 33 Packet Page -1671- n 11 /12/2013 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 fecipients of federal awards and determine;whe.ther.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 Boys & Girls Club of Collier County, Fiscal Year. Name Florida, inc. Period Total State Financial Assistance Expended during 'completed $ . most recently Fiscal.Year. Total Federal Financial Assistance .Expended during: ost recent! y 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 rnnam s were notes, pieabe enuiose d L;upy vi UIC iw3pvn'C, a,lu a uvn VI-11.1 Certification Statement hereby certify that the above information is true and accurate. Signature I Date Print Name and Boys & Girls Club of Collier County, Florida, Inc. 2011 -2012 CDBG (CD 12 -03) Page 23 of 33 Packet Page -1672- D 11/12/2013 16.D.1 1. 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 VI1 of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or 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 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." Boys & Girls Club of Collier County, Florida, Inc. 2011 -2012 CDBG (CD 12 -03) Page 24 of 33 Packet Page -1673- 11 /12/2013 16.D.11. 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 110^,, 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 Iow- income residents within the service area or the neighborhood in which the project is located, and to tow- and very low - income participants in other HUD programs. n 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 l 1375, 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 1 990 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. 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. Boys & Girls Club of Collier County, Florida, Inc. 2011 -2012 CDBG (CD 12-03) Page 25 of 33 Packet Page -1674- x 11 /12/2013 16. D.11. 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 84.7 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. 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 11.1, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. Bo)-. & Girls Club of Collier County, Florida, Inc. 2011-2012 CDBG (CD 12 -03) Page 26 of 33 Packet Page -1675- 11 /12/2013 16. D.11. 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 /'1 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 LI'T'IGATION 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. 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). Boys & Girls Club of Collier County. Florida, Inc. 2011 -2012 CDBG (CD 12 -03) Page 27 of 33 Packet Page -1676- J 11/12/2013 16.D.11. 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 1370 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 Boys & Girls Club of Collier County, Florida, Inc. 2011 -2012 CDBG (CD 12 -03) Page 28 of 33 Packet Page -1677- 11 /12/2013 16. D.11. 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 rei nbursement 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 40. Florida Statutes, 119.071, Contracts and Public Records Boys & Girls Club of Collier County, Florida, Inc. 2011-2012 CDBG (Cl) 12 -03) n Page 29 of 33 Packet Page - 1678 -�� 11/12/2013 16.D.1 1. EXHIBIT "G" AIA G702 -1992 Form +o i AIA Document G7021a --1992 Instructions act ns Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents ALA 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 ALA Document A201. General Conditions of the Contract for Construction. Use of Current Documents Prior to using any ALA Contract Document, users should consult www.aia.org or a local ATA component to verify the most recent edition. BeProdtletions Thts dacaltx m is a copyrighted work and may not be reproduced or excerpted from wiLhout 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 at limited license to reproduce a maximum often copies of a completed G702, but only for use in connection with a particular project. The AIA will not permit reproduction ouLside of the limited license for reproduction granted ahove, except upon written "ucsi and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of ALA software. Licensed ALA software users should consult the End User License Agreement fUULA). To report copyright violations of ALA Contract Documents, e-mail The American liutitute of Architects' Legal counsel, copyrightQPaia.urg. COMPLETING THE G702 FORM After the Contractor hub completed AIA Document G703. Continuation Sheet, summary information should be transferred to AIA Document 0702, Application and Certificate for Payment. The Contractor should sign 0702, have it notarized, and submit it, together with C703, to the Architect. Tile 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 amount than that applied fur, pursuant ro Sections 9.5 and 9.6 of A201. The Architect should then initial all figures on G702 and 0703 that have been changed to conform to the amount certified and attach an explanation. The completed 0702 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 ALA Document 0702, Application and Certificate for Payment. The completed form contains the native and address of the Contra etur. Payment should not be made to any other pane 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 nuthoriring the individual to act on behalf of the firm or entity should be attached. AIA Document G702w — 1992. Copyright a 1953, 1989, 1965, 1971. /978, 1963 sod 1992 by The American tnstitute of Arehitecls. All rights reserved. WARNING: This AIA °DOeument Is protected by U.D. Copyright Law and hrxenutionel Trestles. onsutttorlxad reproduetlen or dlslribuUon of this AIA- Doeurnent, or any portion of it- mey result in severe 0lv9 and vlmhall poneltlss, and will be prosecuted to the medmum extent poselblir under the Less. Pumiresers are permitted to reproduce ton (to) coprea of this document when rmmplsted. To report copyright violations of AIA Contract Documents. b -mall The Ameacan Institute of Arct*eow legal counsel, copWlahtQsla.org. Boys & Girls Club of Collier County, Florida, Inc. 2011-2012 CDBG (CD 12 -03) Page 30 of'33 Packet Page -1679- 11 /12/2013 16. D.11. tt � 111-AIA Document G702 - 1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATIQN NQ: Distdbtdion to: PERIOD TO: OWNER 0 CONTRACT FOR: ARCHITECT 0 FROM CONTRACTOR: WA ARCHITECT: CONTRACT DATE: CONTRACTOR 0 PROJECT NOS: t FIELD 0 OTHER 0 CONTRACTOR'S APPLICATION FOR PAYMENT ADDITIONS The undersigned Unmoor certifies that to the h %t of dic Conuarun's knowledgc, inrnrmation Applimlion is made for paya nt, as Minim Wow, in connection with the Corunict. and belief the Work awered by this APplicalitar (or Payment has hivo completed in accordance Continuation Sleet. AIA [lretrnrent 137113, is attached. Total approved this Month uith the Coraraci Documents. that all anxtunls have been paid by the Contractor for Work far S TOTAIS which previous Crrlifieales for Payment were issaed and pays ents moved From the Owner, and 1. ORIGINAL CONTRACT SUM ......................... ............................... # that current payarenl shtren herrin is nom due. 2. Nel change by Change Orders ................. ............................... S CONTRACTOR: 3, CONTRACT SUN TO DATE (Line 112 1 .......... ............................... S By: Date: d, TOTAL COMPLETED b STORED TO DATE 1Colunm G on G703i ............. S state of: S. RETAINAGE: Coumv of: a crt of Completeyl Work Subscribed mull maim ur before IColunut D + f: tan 6703) S nw this daa• of It. _ A of Stared Material (Calunsn h on 6703) 5 Notary Public: My Ccnnrnission expires: Total Rtxainage (Litres 5a + 3b w loial in Cullum I of 6703)....... S 6. TOTAL EARNED LESS RETAINAGE ... ............................... (Litre 4 Less line S Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT ..................... ll.ioc 6 front fuiorCerii6catci 8. CURRENT PAYMENT DUE . ............................... 9. BALANCE TO FIOSH, INCLUDING RETAINAGE Wife 3 less line 6) s CHANGE ORD1JtSUtlMARV ADDITIONS DIDUC'I'IONS Total changes approved in Previous tmmtbs by Owner S $ Total approved this Month S S TOTAIS S 5 �^ _ NETCHANGES bs C'lwnsrolder - s �- -- ARCHITECT'S CERTIFICATE FOR PAYMENT In accimlaaw with the Ctadract Ducurnenls, based mi un•sitc obsrrvatiom and the data cunquising this application. the Architect certifies to the Owner that to the Ik- 4 of the Architeel's knowledge. infonnatitm and Mier the Nark has prrrremed as indicated, the quality of tho Work is in accordance uidi the Comrxl Docurrterts, and the Cnntrachv is entitled hr payment of the AAIOUNI' CERTIFIED. AMOUNT CERTIFIED --- ............. _ ..................... .......... ........- .... ....... - S (Aittich rt1danatim if unuwur eeaifrrd differs fitrrn zhe utattom olgrfied, laiturt ill jtcxrrr tut drit Applitcation anti cur At, (tvrtinnurimi.Shro that err rinnaked ru ronfim with the anrounr rert #ird.) ARCHITECT: 12 Date: This Certificate ii no negotiable. The AMOLNT CGR11FIED is payable only to the Contractor naoard herrio. lssuart z, payment and aceeptanre of paynx -at arc u it)xxu prejudice to any rights of the I mien or Crntcrcloramdei this Conirml AIA Documeat 6702a' -1432. Copyright 0 1953.1983, t 9Gy. 1971,19'8,1433 ai'd 1592 of Irk American LwIrw of k6ulKts. All rights reserved. L. tat -a. [i. l., A;, tN ce r I,..,..i'r+ ri a1i;T.,r._.it bn[,( 2 G L ' pirl't we.s are Norraaed to :¢produce 19n 111CFt cre `es of this dwucxnm Y.tltr, ix)n�erod to report copysip t Yioiatiora o` AW Caitrw Dcaxae 'o a r o' fix, toxmCan Ir timute d k :cro pis ^le# counsel, co<imgMpa a txg Bops & Girls Club of Collier County. Florida, Inc. 2011 -2012 CDB(3 (CI) 12 -03) Page 31 or 33 Packet Page -1680- 11 /12/2013 16. D.11. CONTINUATION SHEET AIA DOCUMENT G70' dmirmiions on merse side) WE Or PAGES .kLA Documcm G:02, 3PPL1CATION M-D CERTIFIWE FOR PAS' ►fE \T. APPLICATIN NO.: containing Concracror's s ped Certiflado% is imched. APPLICATION DATE: In mbulndons below, amount; an stated to the neared doh( PERIOD TO: Use Column I on Contracts ;►her, ;usable retainage for line imms mat- apply: MITECY`S PROTECT AO.: N+t iuuasori urw •1.17. \tLItLin!!\ ).'itZl PUL u•U: • M-1 twslv.N • u;, ,lqY_' ST.E. :L\ iCtC LL,'nnM Cf .iR�.ii;1T i �)1':T lDRX VFXLT.Na US4MGTOX, De u� }'4? � uaixnwd photaoopyirr4 vidates t!S oop�ghtiaesrtd wm sr�jeci uk v+s>� � legal �oara,eon. G703.1992 CADTION: You should use an original AIA do=ent which has this caution printed In red. An original assures that changes will not be Obscured as may occur when dotxmaents are mpmduced. Boys & Girls Club of Collier County, Florida Inc. 2011-2012 CDBG (CD 12 -03) Page 32 of 33 Packet Page -1681- ;C 11 /12/2013 16. D.11. Boys & girls Club of Collier County, Florida, Inc. �1 2011 -2012 CDBG (CD 12-03) Page 33 of 33 c._at Packet Page -1682-