Agenda 12/10/2013 Item #16D15 12/10/2013 16.D.15.
EXECUTIVE SUMMARY
Recommendation to approve substantial amendments to FY2013-2014 Annual Action Plan
amending project scopes and funding for various projects utilizing U.S.Department of Housing and
Urban Development (HUD) Community Development Block Grant (CDBG) and HOME
Partnership Investment (HOME) funds and approve four subrecipient agreements funded with
HUD CDBG funds.
OBJECTIVE: Implement the HUD Action Plan to expend the County's entitlement allocation.
CONSIDERATIONS: This item was originally for subrecipient agreements and was continued from the
November 12, 2013 Board of County Commissioners meeting. Since then one subrecipient agreement
and substantial amendments to FY2013-2014 Annual Action Plan were added to provide the basis for the
subrecipient agreement development.
As is required by HUD regulations and the Five Year HUD Consolidated Plan, Citizen Participation Plan,
substantial amendments are proposed to amend the current funding year. The required advertisement
notice was published in the Naples Daily News on October 18, 2013. The advertisement identified a 30-
day public comment period from October 18, 2013 to November 17, 2013. No comments regarding the
substantial amendments were received.
The substantial amendments contained multiple components. The first component is with respect to the
FY2013-2014 substantial amendment allocating $35,000 each of Project Delivery funds for CDBG and
HOME to specific projects as noted in the attached substantial amendment documents. In the published
Action Plan there were lump sums approved for Project Delivery; this simply makes project level
assignments.
The next component includes the following changes made for FY 2013-2014 Annual Action Plan:
*Big Cypress Housing Corporation—CDBG —Reduce funding amount by $144,000 to $74,718
and revise project scope to read "Fund site improvements for a multi-family project consisting of
single family rental units at the Hatchers Preserve Development in Immokalee in order to
construct affordable single family rental homes". Also make a technical correction amending the
matrix code from 01 —Acquisition to 14J—Housing Services
*United Cerebral Palsy (UCP) of Southwest Florida — CDBG - Reduce number of participants
served from 28 to 8 LMI persons.
City of Naples project - CDBG — The Action Plan identified a project would be identified at a
later date. Project Scope is"Fund intersection improvements and environmental review at Central
Avenue and Goodlette-Frank Road in order to improve pedestrian safety."
*Legal Aid Service of Collier County — CDBG — Reduce funding amount from $73,202 to
$72,552.
Big Cypress Housing Corporation — HOME — Increase funding from $1,000,000 to $1,144,000
and revise project scope to read "Fund a multi-family project consisting of single family home
construction and associated site improvement costs to include, but not be limited to, engineering
services, soils testing, utility installation and connection fees, drainage maintenance and repairs,
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project signage, liability insurance, architectural services,building permits, permit processing and
project delivery of construction at Hatchers Preserve in order to provide affordable single family
rental homes in Immokalee."
Habitat for Humanity—HOME—Reduce funding amount by $144,000 to$209,440.
*=This agenda item also covers subrecipient agreements for these three projects.
Four subrecipient agreements are proposed, three of which require the acceptance of the above outlined
proposed substantial amendments. The other subrecipient agreement requires no changes from the
approved Action Plan.
The following is an outline of the project scope for each subrecipient agreement:
Subrecipient Funding Project Title* Priority Needs
Amount Category
United Cerebral Palsy of $24,458 Transportation and Operating Non-Homeless Special
Southwest Florida(UCP) Costs Needs
Legal Aid Service of $72,552 Legal Services Community
Collier County Development
Big Cypress Housing $74,718 Site Improvements Housing Services
Corporation
Boys & Girls Club of $183,236 Design and Permitting for Community
Collier County Immokalee Youth Development
Development Center
* A more specific project description is outlined in the subrecipient agreements - Section I. Scope of
Services.
Staff has completed a compatibility analysis for the attached subrecipient agreements between the
Consolidated Plan, the subrecipients grant application and amendments, the FY2013-2014 Action Plan,
Priority Needs Category and the Subrecipient's scope of work for the development of the subrecipient
agreements. With respect to the UCP project, the application budget included operating expenditures, as
did the project scope description. The scope language including operating expenditures was approved in
the Action Plan, and is also outlined in the subrecipient agreement. However, since publication of the
Action Plan, it has been determined that the entire allocation—which has not changed—will be applied to
salaries. Board approval of the subrecipient agreements confirms the basis upon which payment is to be
made; only to change thereafter by Board approved substantial amendment and/or contract amendment, if
needed. For the other agreements, staff confirms that the project is consistent with the Consolidated Plan
and the FY2013-2014 HUD Annual Action Plan.
There are additional subrecipient agreements funded in the FY2013-2014 HUD Annual Plan that will be
brought forward at a later date for Board approval.
FISCAL IMPACT: There will be no effect on ad valorem or general fund dollars. Funds are available
within the Urban Improvement Grant Fund (121) and the Housing Grant Fund (705). Project funding for
the subrecipient agreements are outlined below:
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Subrecipient Funding Source Funding Year Funding Amount
United Cerebral Palsy of Housing Fund: CDBG FY2012-2013 $24,458
Southwest Florida Project: 33236
Legal Aid Service of Collier Housing Fund: CDBG FY2012-2013 $72,552
County Project: 33236
Big Cypress Housing Corporation Housing Fund: CDBG FY2004-2005 $74,718
Project: 34510
Boys & Girls Club of Collier Housing Fund: CDBG FY2011-2012 $183,236
County Project: 33176 FY2012-2013
Project: 33236
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. -JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact by this action.
RECOMMENDATION: Approve substantial amendments to the FY2013-2014 Annual Action Plan
amending project scopes and funding amounts for various projects utilizing CDBG and HOME funds and
approve four subrecipient agreements funded with HUD CDBG funds.
Prepared By: Elly Soto McKuen, Operations Analyst;Housing,Human and Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.15.
Item Summary: Recommendation to approve substantial amendments to Annual Action
Plans for three funding years amending project scopes and funding for various projects utilizing
U.S. Department of Housing and Urban Development (HUD) Community Development Block
Grant(CDBG) and HOME Partnership Investment(HOME)funds and approve four subrecipient
agreements funded with HUD CDBG funds
Meeting Date: 12/10/2013
Prepared By
Name: McKuenElly
Title: Grant Support Specialist,Housing, Human&Veteran
11/13/2013 5:36:30 PM
Submitted by
Title: Grant Support Specialist, Housing,Human&Veteran
Name: McKuenElly
11/13/2013 5:36:31 PM
Approved By
Name:MesaNancy
Title: Accountant,Housing,Human&Veteran Services
Date: 11/14/2013 4:32:29 PM
Name: GrantKimberley
Title: Interim Director
Date: 11/14/2013 4:32:38 PM
Name: Bendisa Marku
Title: Operations Analyst,Wastewater
Date: 11/14/2013 5:47:15 PM
Name:AlonsoHailey
Title: Operations Analyst, Public Service Division
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Date: 11/15/2013 9:21:29 AM
Name: CarnellSteve
Title: Purchasing/General Services Director
Date: 11/15/2013 2:40:17 PM
Name: RobinsonErica
Date: 11/20/2013 8:44:52 AM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 11/20/2013 11:19:41 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/20/2013 4:55:32 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 12/2/2013 5:20:35 PM
Name: StanleyTherese
Title:Management/Budget Analyst, Senior,Office of Manage
Date: 12/3/2013 3:45:47 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/3/2013 4:03:31 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 12/3/2013 4:14:15 PM
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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 10th day of December, 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:
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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.
hems 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 shalt start on the 10th day of December, 2013 and end on the
31st day of January,2015. 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: $72,552.00
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.
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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 Submission Schedule
Documents
Project Component One: Fundinj Submission of supporting Submission of monthly invoices
costs will include but not limited to the documents must be provided as
following expenses: Fund I 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
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Creation and maintenance of income N/A Deliverable: Ongoing and to be
eligibility Files on clients served reviewed during monitoring
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: Quarterly
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:RosaMunoz ar,Colliergov.net
239-252-5713
SUBRECIPIENT ATTENTION: Jeff Ahren,Director of Development
Legal Aid Service of Collier County
4125 Tamiarni Trail East.
Naples, FL 34112
mailto:iahren cz.legalaid.orn
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. En 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
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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
(I) 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.
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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
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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,
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 SUBRECIPI.ENT 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, SUBRECI.PIENT shall have no
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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 SUBREC[PIENT'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
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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 SUBR.ECIPIENT 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
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,
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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 1-H- VS, 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 f-IHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND
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HUD REQUIREMENTS
The SUBRECIP[ENT 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 I Written Quote
$3K to $50K 3 Written Quotes
Request for Proposal (RFP)
Above $50K Invitation for Bid (IFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit.
G. PROGRAM-GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained
from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY,
utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.503(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.
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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 SUB RECIPIENT 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 SUBRECI.PIENT 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
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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 570.200(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 firom 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
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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
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mss.
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 SERVICE OF COLLIER COUNTY A
{ DIVISION OF LEGAL AID SERVICE OF
BROWJA$D COUNTY
s
1/PlarA tn(1
Anthony J. xi' sq., Executive Director
Anthony J. Karrat,Estt., Executive Directoj
Subrecipient Name and Title
Approved as to form and legality:
SLe.
Jennifer A. Belpedio
Assistant County Attorney
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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:
t. 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.
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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 S2,000,000 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.
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EXHIBIT "B"
COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Legal Aid County, Inc, dfb/a Le al Aid Service of
Collier County.
Sub recipient Address: 4125 Tamiami Trail East,Naples, FL 34112
Project Name: Legal Support
Project No: CD 13-10 _ Payment Request #
Dollar Amount Requested: $ Date
Period of Availabilit : 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 Date
Title
Authorizing Grant Coordinator _
Supervisor _ (approval authority under$14,999)
Dept Director (approval required $15,000 and above)
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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.
Legal Aid Service of Collier County
Witness: BY:
BY: ITS: Esq. Pro Bono CoordlDev
Services
DATE: _
Print name and title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by , as of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly
Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub-recipients:Please fill in the following shaded areas of the report
,fix �"v ss- �`' � ;.Y w§ ,,' ,t t' '�A '-'T'+.,; €�� ,F'',
. a1 1 erf rff8roua�li .n e I Aid S �, � ! R .
Agency Name: _Couun ,F t i ru '„'°Y '.„,,-4,- x� ,,„r g �. : Date: � 0 f
a Y tjt emu. •
m
r T'f et..f 1 L�`Y ` t k. 4 Y.'fl ”"^'..J .. ri, rt� i, €
Project Title: :Support 4 . -- , : � e x4 ,e, . ,w w°< e. ..
sa r�- 'act a e i - `7Psus t4�a ,; _ S„ a i
�� ,, �-. � .��� �,� �- sn�s �d �c'� �c r �'° Alternate .�`a5 : .�` �,
Program Contact: e f Ahr`ni�il r e eopi'net t Z.'. � , migt .,.—.. Contact: x 2f :.
Tell>, hone Number: 7.7 65 ' ,�
'REPORT FOR QUARTER ENDING:(check one that applies to the 4, r
corresponding grant period): 0 02/28/14 [:',:t 005/30/14 .r 008/31/14 ,; 011/30/14 '.0-....,X ,
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of November 12.2013.
Please fist3he outcome.gaal(s)f irr►your approved appli cation,&sub-reoipfent�agreement�and Indicate„your progress iii meeting•
1. those.goals since September 24,1013.
o : -r e n a ement
'j r' fi
� 2 ,
x
r 11 2
.A.O utcome Goals list the outcome Ba from a your approved applicato &sub
Outcome Envu ron me ta -ms.1 re i � � � �om a �z;�`i � ,ate .t �It. ` a m n i 1. 'ral d _ a r � V'Outcome 2"Exason ® vL ! e ro s�V� uff s a s � tc m� -�, x:u t� , � 'Outcome' � �.L� r od'�e e n 1�� m ; ® ,h-0, 1,c" t ct l ®a a,e ® ec� �r^� � t
viLen ce a ch id ab 'r� ,e bus � � �; re � r�.
,' l
y ' ' 5 � � F �ar : ` ; N . l ?d4
� 4x y Y ry : h ,a p :
e r 4 y
r . : w n C t? h; as . 3 s : r u g �+ �a w C z r e 4 v ak 7¢ q f i Out ome 7 e. et l - u " , , ,44:u ` . -4 ,4 wt 0 " t r ` t s :1 , „r",pO f 44- � 'g x t N R , 4 "�k °4 P4f4 �. � 4�; � r-, �s � � s54,-V L44-l 4''i
-,9■■Mi�♦PPm ,,,+V kv r1 ¢ + � v s w sf r 4 ��x , �a a
.
c< 'rs r`xo-L. � �' `$ d ��4 , u- a rP€ 1 } °
= E sr - � # , : / +r� C.;�s.� 3,.t N .'sa!'' ., s :s . � .... a.. w..e ,h ,,,,,,E. s� ....�.. . .,.,4,,_ „ w
B.Goal Progress indicate the progress to date in meeting each outcome goal
} 'ih�''�"� S;r+`r tc, / i,,: . ,' -t. k ` `a mil' -� u, 7,r• iR i -
c'ome 1 r:;iw "s 3 :# t r i jai. s.,� . kc,t. "`�' t� ",-*�,�.Y ""sue' . �e. -� t e``'.,- o°o p� °'��a '
t� z—s,C'" 7° ` � 3. �.3 ,r w -a.�;, nr.:n ciY �. „ +.s : -r�` �`��^r r` 'xx � �t s2��n'�� e ��� A§
o f q , `i a s "'# i a , a ,,h ! � ,4 '' d'`
Cutcr�rrte 2 ; � ``r ���� :�� � '�`� � � �� . '� � ° � .,�, 4 �,.
fi 8 i-4= x 11 *''Et " '` .. `'s ''',t,'..*'3 "},"�i' x a Y i r* c� i' r'�it ,'k..t
�*s r ,, t „ � I t '" r y 5 " �"° �' '� c 'rr rt a i;7°t i`r d. Lip
,fi. s�t `41:4 ., e t6 ys J 4 d 1 tisv x",,,,, �S,YW .`', r'
�{tE
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is this project still fin corttipiiartce tivltln'the o
li.Qi tna1 ,sect sciaedul®7it,more ttiarr 7 atioiltifS behlnd 1;dhadbie,mu&tsttbtxtlt4trw,
2. tlrne ne-for:apprcwal �;
{`� 4
Yes � f ..�
No ;:
If no.explain:
� ; t � ��`,rl*'��'� ° x� � ��. '�t -,^ 1 z* #.�v"3`z3` .' .'� � r .- sx.^ .,"°r"^rau= ✓ t"
3. S ince September 24,2013,of'the persons assisted,howmarty,...
a. ,..now have new access(continuing)to this service or benefit?
b. ...now has improved access to this service or benefit? . '
c. ...now receive a service or benefit that is no longer substandard?
TOTAL: 0
•
4. _What fui►dingsources.mreappl3ad Far:#hlspeiiiaii4iprsu,}rariiiiead ,, , -
AtallOkk
Section 108 Loan Guarantee t ;? HOPWA
Other Consolidated Plan Funds CDBG '
Other Federal Funds 1
State I Local Funds �� HOME ..
Total
$ Entitlement $
Total Other Funds Funds -
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
b. 1 What la=fheiotet.numlberel UNDUPLICATED clients Serail ls4uait er,4: POcsrtile7
a. Total No of adult females served: ' Total No of females served under 18: �r
b. Total No of adult males served: D `'Total No.of males served under 18:
TOTAL: 0 TOTAL: 0
c. Total No.of families served: -0, .,., Total No.of female head of household; '
e. What JsAtte totalnumber of ti NDUPLJCATEDciletntsss served.*lncseectober,ffaptsllea ble?
a. Total number of adult females served;E,T• A Total number of females served under 18: .,
b, Total number of adult mates served: ft' "Total number of males served under 18:
TOTAL: 0 TOTAL: 0
c. Total No of tamilies served. • 000:;Total No,of female head of household: /WA at'
Complete EITHER ouestion#7 OR#8.Complete question#7 if your program only serves clients In one or more of the listed HUD Presumed
Benefit categories. Complete question#8 it any client In your program does not fall Into a Presumed Benefit Category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. IPRESUMED$ENER1CIARY'DATA: 8. JOTHER<EENBPICIARY1)ATA:1NCDME"!RANGE I
Indicate the total number of UND(fpL1CAIED Indicate the total number of ;IyDUPI(CAJED persons
persons served since October 1 who fall into
each presumed benefit category (the total Served since October 1 who fall Into each income
should equal the total in question 06): category(the total should equal the total in question tt6):
Report as: Report as:
x D;, :-Abused Children fi77 r Extremely low Income(0-30%)
1:Al,'''Homeless Person 1.Low Income{31- 50%)
Battered Spouses0 Moderate income(51-80%)
;f} /` :Persons w7 HIV/AIDS D Above Moderate Income(.80%)
A. Elderly Persons
0'
.Veterans
r 0„ Chronically/Mentally ill
f3' ` Physicauy Disabled Adults
0- ;-Other-Youth
TOTAL: 0 TOTAL: 0
9. "Rae'tat&.EthriioData; 1(if:appllcable)
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
Whiles r of whOm,how many are Hispanic?
BIacWAfncan American• „0, Cl Of whore,how many are Hispanic?
As ran 'of ig D) e.s;of whom,how many are Hispanic?
r � t tc2"
American Indian/Aiaska Natives 4 . � (5 .:,.,of whom,how many are Hispanic?
Native Hawaiian/Other Pacific islander x �`a3'j`, ,of whom,how many are Hispanic?
American lndienVAlasken Native&White 0 t ;of whom,how many are Hispanic?
Black/African American&While)fA, of whom,how many are Hispanic?
Am.IndlantAlaska Native&Black/African Am F a i of whom,how many are Hispanic?
Other Multi-ratted ": 43 of whom,how many are HispaMC7
Other 1 di'W4` )7„`;of whom,how many are Hispanic?
TOTAL: 0 0 TOTAL.HISPANIC
Name Signature:
Your typed name here represents your electronic
Title' signature
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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 requirement
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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
1 972, 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
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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
l3. 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.
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16. Executive Order 1 1625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as
revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of
the HCDA are still applicable.
18. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following
subsections:
• Subpart A — General;
• Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal
Assistance;
• Subpart C -- Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall
follow 570.504;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall
follow 570.505;
o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the
following applies:
• In all cases in which equipment is sold, the proceeds shall be program
income (pro-rated to reflect the extent to which CDBG funds were used to
acquire the equipment); and
■ Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
o Section 84.35, Supplies and other Expendable Property;
o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
o Section 84.52, Financial Reporting;
o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b)
applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual CDBG
activities shall be four years; and
■ The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
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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 11I, 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, 20th Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY
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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
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• 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 alt sub-awards at all tiers (including subcontracts, sub-grants, contracts under
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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
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Grant#-B-04-UC-12-0016
CFDA/CSFA#- 14.218 .
DEVELOPER—Big Cypress
Housing Corporation (BCHC)
DUNS #- 0647232520
FETI #-65-1067124
FY End 12/31
Monitoring Deadline 11/2018
AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this 10th day of December, 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 Big Cypress Housing
Corporation", a private not-for-profit corporation existing under the laws of the State of Florida, having
its principal office at 19308 SW 380°' Street, Florida City, Florida 33034.
VVHEREAS, the COUNTY is the recipient of CDBG funds from US 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 2004-2005 Annual Action Plan on
April 13, 2004; 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 DEVELOPER 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 (IIHVS), perform the tasks necessary to conduct the program as follows:
FY2004-2005 Amended Action Plan identified and approved the project to Big Cypress Housing
Corporation for the following:
Project Component One: Site improvements for the Matchers Preserve Development in
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Immokalee in order to construct affordable single family rental homes.
Items identified for funding are outlined in the budget in Section III.
The detailed project scope will be contained in the schedule of values awarded. The
project's invoices will include details sufficient to document the number, amount and costs
associated with all activities for payment.
All activities funded with CDBG funds must meet one of the CDBG program's National
Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or
blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208
II. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the.10th day of December, 2013 and end on the 31st
day of December, 2014. The term of this Agreement and the provisions herein may be extended by
amendment to cover any additional time period during which the DEVELOPER remains in control of
CDBG funds or other CDBG assets, including program income.
III. AGREEMENT AMOUNT
The COUNTY agrees to make available SEVENTY FOUR THOUSAND, SEVEN HUNDRED
AND EIGHTEEN DOLLARS AND NO CENTS ($74,718) for the use by the DEVELOPER during the
Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional
amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to
as the"Funds").
The budget identified for the Property Acquisition Project shall be as follows:
Line Item Description CDBG Funds
Project Component One: Site improvements for the Hatchers $ 74,718
Preserve Development in Immokalee in order to construct
affordable single family rental homes
Funding costs may include but not limited to the following site
improvement expenses per schedule of values:
Infrastructure, sidewalks, landscaping, professional engineering
services, soil &other testing, utility installation, utility
connection, and fees,preserve and drainage maintenance, and
project sign, liability insurance, and permits
TOTAL $ 74,718
Modifications to the "Budget and Scope" may only be made if approved in advance by the
COUNTY. Budgeted fund shifts between project components shall not be more than 10% and does not
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signify a change in scope. Fund shifts that exceed 10% of a project component shall only be made with
board approval,
All services specified in Section 1. Scope of Services shall be performed by DEVELOPER
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and
Federal requirements. The DEVELOPER shall enter into contract for improvements with the lowest,
responsive and qualified bidder. Contract administration shall be handled by the DEVELOPER and
monitored by HHVS, which shall have access to all records and documents related to the project.
The County shall reimburse the DEVELOPER 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. DEVELOPER 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. DEVELOPER 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 DEVELOPER is not yet prepared to send the
required oackup, 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 DEVELOPER when requested as work
progresses but, not more frequently than once per month. Reimbursement will not occur if DEVELOPER
fails to perform the minimum level of service required by this Agreement. Final invoices are due no later
than 90 clays 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: Site Upon invoicing using Exhibit B will Submission of Monthly
Improvements Costs reimburse allowable expenses on A1A Invoices
Funding costs may include but not G702-I992 form or equivalent document
limited to the following site per contractor's schedule of values.
improvement expenses per schedule of Supporting documents must be provided
values: as back up.
Infrastructure,sidewalks, landscaping,
engineering, soil&other testing, utility Final 10% ($7,471.80) released upon
installation, utility connection,and fees, documentation completion of activities.
preserve and drainage maintenance, Supporting proof of payment documents
survey and project sign, liability must be provided as back up.
insurance, and permits
Project Deliverables
Deliverable Project-Deliverable Supporting Submission Schedule
Documents
Quarterly Reports Exhibit D Deliverable: Quarterly and
Annually thereafter until
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11/2018
Proof of Insurance Insurance Certificate Deliverable: Annually
within 30 days of renewal
Affirmative Action/Marketing Plan Plan Documents Deliverable: Within 30
days of contract execution
and as modified
Annual Audit Audit Report with Management Letter Deliverable: 6/30 annually
and Exhibit E
Affidavit of Continued Use Certification Document _ Annually through 11/2018
Program Income Re-Use Plan Program Income Plan Document Annually through 11/2018
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: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto:RosaMunoz@,Collie gov.net
239-252-5713
DEVELOPER ATTENTION: Steve Kirk, President
Big Cypress Housing Corporation
P.O. Box 343529
Florida City, FL 33034
mailto:mailtokirknet@yahoo.com
305-242-2142
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 DEVELOPER
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 DEVELOPER 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 DEVELOPER under the terms of this Agreement.
VI. GENERAL CONDITIONS
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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 DEVELOPER 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
DEVELOPER does not assume the recipient's environmental responsibilities described in 24 CFR
570.604 and (2) the DEVELOPER does not assume the recipient's responsibility for initiating the review
process under the provisions of 24 CFR Part 52. The DEVELOPER also agrees to comply with all other
applicable Federal, state and local laws, regulations, and policies governing the funds provided under this
contract. The DEVELOPER 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 DEVELOPER
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 DEVELOPER is Amok
an independent contractor.
D. AMENDMENTS
The COUNTY or DEVELOPER 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 DEVELOPER 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 DEVELOPER
Expiration of Agreement: if the DEVELOPER does not complete the project within the time
period, the COUNTY Manager or designee may subject to CDBG requirements, 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.
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E. INDEMNIFICATION
To the maximum extent permitted by Florida law, the DEVELOPER 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 DEVELOPER 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 DEVELOPER 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
DEVELOPER 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 DEVELOPER 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 DEVELOPER 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 DEVELOPER. 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 DEVELOPER, 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 DEVELOPER shall constitute a Default under this
Agreement
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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 DEVELOPER 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 DEVELOPER to the Grantee reports that are incorrect or
incomplete in any material respect;
5. Submission by the DEVELOPER 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 DEVELOPER 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 DEVELOPER to the County of all CDBG funds
DEVELOPER has received under this Agreement;
4. Apply sanctions set forth in 24 CFR 85.44, 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 DEVELOPER of such
termination and specifying the effective date of such termination. If the Agreement is
terminated by the County as provided herein, DEVELOPER 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 DEVELOPER 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).
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The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's
right (nor excuse DEVELOPER's obligation) to recoup all or any portion of the funds, as the COUNTY
may deem necessary.
Title to equipment acquired by DEVELOPER shall vest with the DEVELOPER, subject to the
conditions outlined in 24 CFR 84.34.
Title to supplies and other expendable property shall vest with the DEVELOPER upon acquisition
subject to the conditions outlined in 24 CFR 84.35.
VIII. INSURANCE
DEVELOPER 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 DEVELOPER 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. DEVELOPER shall keep and maintain public records that ordinarily and necessarily would
be required by COUNTY in order to perform the service.
3. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the DEVELOPER for the
purpose of this Agreement shall be made available to the COUNTY by the DEVELOPER
at any time upon request by the COUNTY or FIHVS. 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
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and records relating to this Agreement shall be surrendered to I-IHVS if requested. In any
event the DEVELOPER shall keep all documents and records in an orderly fashion in a
readily accessible, permanent and secured location for four(4) years after expiration of this
Agreement with the following exception: if any litigation, claim or audit is started before
the expiration date of the four (4) year period, the records will be maintained until all
litigation, claim or audit findings involving these records are resolved. The COUNTY shall
be informed in writing if an agency ceases to exist after closeout of this Agreement of the
address where the records are to be kept as outlined in 24 CFR 85.42. Meet all
requirements for retaining public records and transfer, at no cost, to COUNTY all public
records in possession of the DEVELOPER 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 DEVELOPER 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. DEVELOPER shall maintain records showing
contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the
DEVELOPER shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
6. The DEVELOPER 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 DEVELOPER shall ensure all tenant files comply with income
determination as specified in 24 CFR 92.203 and 92.253. The DEVELOPER agrees that
HHVS shall be the final arbiter on the DEVELOPER's compliance.
7. The DEVELOPER 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. 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. 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, DEVELOPER shall submit quarterly progress reports to the COUNTY on the
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15th day of January, April, July and October respectively for the prior quarter period end. As part of the
report submitted in October, the DEVELOPER 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, DEVELOPER shall submit an annual audit monitoring report (Exhibit E) to the
COUNTY no later than 180 days after the DEVELOPER's fiscal year end. The COUNTY will conduct an
annual financial and programmatic review.
The DEVELOPER agrees that HIIVS will carry out no Less than one (1) annual on-site monitoring
visit and evaluation activities as determined necessary. Also, at the COUNTY's discretion, a desk top
review of the activities may be conducted in Iieu of an on-site visit. The continuation of this Agreement is
dependent upon satisfactory evaluations. The DEVELOPER 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 DEVELOPER shall allow HHVS or HUD to monitor the
DEVELOPER 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 DEVELOPER 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
Request for Proposal(RFP)
Above $50K invitation for Bid (IFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the DEVELOPER shall make available all records, documentation
and any other data relating to all matters covered by the Agreement for review, inspection or audit.
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G. PROGRAM-GENERATED INCOME
Any"Program Income"(as such term is defined under applicable Federal regulations) gained from
any activity of the DEVELOPER funded by CDBG funds shall be reported to the COUNTY annually in a
program income re-use plan, utilized by the DEVELOPER and shall be in compliance with 24 CFR
570.504(c) in the operation of the Program.
H. GRANT CLOSEOUT PROCEDURES
DEVELOPER's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment, program
income balances, and receivable accounts to the COUNTY), and determining the custodianship of
records. In addition to the records retention outlined in Section IX.B.3, the DEVELOPER shall comply
with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. 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 DEVELOPER is entitled under the terms and conditions
of this Agreement must be refunded to the COUNTY. In addition to the records retention outlined in
Section 1X.B.3, the DEVELOPER shall comply with Section 119.021 Florida Statutes regarding records
maintenance, preservation and retention. DEVELOPER 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 DEVELOPER 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 DEVELOPER 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 DEVELOPER 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,
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Asian-Americans, and American Indians. The DEVELOPER 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
This is an Area Benefit Activity, where 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 DEVELOPER 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 DEVELOPER to assist in the formulation of such program. The DEVELOPER shall
submit a plan for an Affirmative Action Program for approval prior to the award of funds. The
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 DEVELOPER 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 DEVELOPER. The DEVELOPER 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
DEVELOPER 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 DEVELOPER 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 DEVELOPER. 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 DEVELOPER's ability
to self-manage the projects using its own employees. Any possible conflict of interest on the part of the
DEVELOPER 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
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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 DEVELOPER
shall comply with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis of religion
b. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion
c. It will retain its independence from Federal, State and local governments and may continue to
carry out its mission, including the definition, practice and expression of its religious beliefs,
provided that it does not use direct CDBG funds to support any inherently religious activities,
such as worship, religious instruction or proselytizing
d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to
the extent that those structures are used for inherently religious activities. Where a structure is
used for both eligible and inherently religious activities, CDBG funds may not exceed the cost
of those portions of the acquisition, construction or rehabilitation that are attributable to
eligible activities in accordance with the cost accounting requirements applicable to CDBG
funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious
congregation uses as its principal place of worship, however, are ineligible for CDBG funded
improvements.
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Aostiok
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IN WITNESS WHEREOF, the DEVELOPER and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date first written above.
ATI EST: BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHT E. BROCK, CLERK COUNTY, FLORIDA
By:
, Deputy Clerk GEORGIA A. HILLER, ESQ., CHAIRWOMAN
Dated:
(SEAL)
Big Cypress Housing Corporation
By:
DEVELOPER Signature
Steve Kirk,President
DEVELOPER Name and Title
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney `::
cr •
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The DEVELOPER shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in
the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County shall be named as an
additional insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the DEVELOPER or the licensed design Ank
professional employed by the DEVELOPER in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the DEVELOPER and/or
the design professional shall become legally obligated to pay as damages for claims arising
out of the services performed by the DEVELOPER or any person employed by the
DEVELOPER 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 DEVELOPER 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 DEVELOPER.
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
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a condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in
the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $I,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.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Big Cypress Housing Corporation(BCHC)
Sub recipient Address: P.O. Box 343529, Florida City,FL 33034
Project Name: Site Improvements
Project No: CD13-05 Payment Request#
Dollar Amount Requested: $ Date
Period of Availability: 11/12/13 — 11/11/14
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 Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under$14,999)
Dept Director (approval required $15,000 and above)
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EXHIBIT"C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The DEVELOPER 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 DEVELOPER's (monthly/final)
Request for Payment.
Big Cypress Housing Corporation
Witness: BY:
BY: ITS: President
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20_,
by , as of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did (did not)take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub-recipients:Please fill in the following shaded areas of the report
Agency Name: Big Cypress Housing Corporation' Date:
Project Title: Site improvements •
Alternate
Program Contact ;Steve irk,President Contact:•••,-.:
Telephone Number .; 30x5)242 2142
*REPORT FOR QUARTER ENDING:(check one that applies to the
corresponding grant period): ❑03/31/14 06/30/14 O9l31114 ? ❑ 12/31/14 El',::::,-,-„.
`
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of November 12, 2013.
Please list the outcome goal(s)from your approved application a sub-recipient agreement and indicate your progress in meeting
1. those goals since November 12,2013.
A.O Goals: list the o goals)from your approved application&sub-recipient agreement.
Outs Outcome o e I .Envstonrneut outcome
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Outcome$ 0ontractor S&ectitiri
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\
f
B.Goal Progress: Indicate the progress to date in meeting each outcome goal.
Out me 1
Outcome 2.
r
t
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Is this project.still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new
2. timeline for approval.
Yes No
If no,explain:
3. Since September 24 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? ;D'
c. ...now receive a service or benefit that is no longer substandard?
TOTAL: 0
4. What funding sources are applied for this period!program year?
Section 108 Loan Guarantee ¢¢ HOPWAAW
Other Consolidated Plan Funds CDBG ;
Other Federal Funds = ESG y`.,.
£ k tq.1 S C-' .... .
State/Local Funds HOME
Total
$ Entitlement $
Total Other Funds - Funds -
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
s. 'What is the total number of UNDUPLICATED clients served this quarter,if applicable? •
a. Total No of adult females served: •27'1)-H7' Total No of females served under 18: p. •
b. Total No.of adult males served: =t 07 Total No.of males served under 18:
TOTAL: 0 TOTAL: 0
c. Total No of families served: ..`'0 •.Total No.of female head of household: p`i
6. What Is the total number of UNDUPLICATED clients served since October,if applicable?
a. Total number of adult females served. 0 - Total number of females served under 18: )3
b. Total number of adult males served: 0 Total number of males served under 18:
TOTAL: 0 TOTAL: 0
c. Total No of families served: ` -0 _ Total No of female head of household: 0
Complete EITHER question#7 OR#8.Complete question#7 If your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND a.
7. 'PRESUMED BENEFICIARY DATA: r 8. (OTHER BENEFICIARY DATA:INCOME RANGE
Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED
persons served since October 1 who fall Into persons
each presumed benefit category (the total served since October 1 who fall Into each Income
should aqual the total in question ti6): category(the total should equal the total in question#6):
Report as: Report as:
'Abused Children 0`w Extremely low Income(0-30%)
0'. Homeless Person 0 _-Low Income(31-50°f)
Oak
0.-, ;Battered Spouses 0.::;' Moderate Income(51-80%)
R Persons w!HIV/AIDS q'':"Above Moderate Income(>80%)
_3;' .'Elderly Persons
0< .. Veterans
p} "-`,Chronically/Mentally III
p= Physically Disabled Adults
A' ..•Other-Youth
TOTAL: 0 TOTAL: 0
9. 'Racial&Ethnic Data: I(if applicable)
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
White ;of whom,how many are Hispanic?
Black/African American _v0 :.•>,, 0;1_';of whom,how many are Hispanic?
Asian Ji U ;of whom,how many are Hispanic?
American Indian/Alaska Native ;of whom,how many are Hispanic?
Native Hawaiian/Other Pacific Islander ". ] 0 of whom,how many are Hispanic?
American Indian/Alaskan Native&White 0, 04:;of whom,how many are Hispanic?
Black/African American&White ;3 0 ";of whom,how many are Hispanic?
Am. Indian/Alaska Native&Black/African Am ? 0 .1:;0::;'.:1;: of whom,how many are Hispanic?
Other Multi-racial p 0 _.;of whom,how many are Hispanic?
Other t7 : _.0 '_;of whom,how many are Hispanic?
TOTAL: 0 0 TOTAL HISPANIC
Name: Signature:
Your typed name here represents your electronic
Title: signature
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•
EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Sub recipient Fiscal Year
Name Big Cypress Housing Corporation period
Total State Financial Assistance Expended during $
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
❑ indicated above and expect to complete our Circular A-133 audit by . Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A-133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
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EXHIBIT "F"
LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development
Block Grant(CDBG)funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375
and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal
funds and as supplemented in Department of Labor regulations.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC § 2000e, et. seq. The DEVELOPER will, in all solicitations or advertisements for
employees placed by or on behalf of the DEVELOPER, 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 DEVELOPER and any of the DEVELOPER's Sub-recipients and subcontractors.
Failure to fulfill these requirements shall subject the COUNTY, the DEVELOPER and any of the
DEVELOPER's Sub-recipients and subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is provided. The DEVELOPER certifies
and agrees that no contractual or other disability exists that would prevent compliance with these
requirements.
The DEVELOPER 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
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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 DEVELOPER 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 DEVELOPER 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.
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.
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17. The DEVELOPER 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 I988.
19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following
subsections:
• Subpart A—General;
• Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal
Assistance;
• Subpart C—Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to DEVELOPERs;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84.24 CDBG DEVELOPERs shall follow
570.504;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.32, Real Property — In lieu of 84.32, CDBG DEVELOPERs shall follow
570.505;
o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the
following applies:
• In all cases in which equipment is sold, the proceeds shall be program income
(pro-rated to reflect the extent to which CDBG funds were used to acquire the
equipment); and
• Equipment not needed by the DEVELOPER for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
o Section 84.35, Supplies and other Expendable Property
o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
o Section 84.52, Financial Reporting;
o Section 84.53, Retention and Access Requirements for Records.
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG DEVELOPERs
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 DEVELOPER 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.
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22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee,
as set forth in Chapter 112,Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as
amended, and County Administrative Procedure 5311.
23. Order of Precedence- In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by
application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by
imposing the more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
24. Dispute Resolution- Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be
attended by representatives of DEVELOPER with full decision-making authority and by COUNTY'S
staff person who would make the presentation of any settlement reached during negotiations to
COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of
Florida. Should either party fail to submit to mediation as required hereunder, the other party may
obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of
this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th
Judicial Court of Florida, if in federal court.
25. The DEVELOPER 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 DEVELOPER 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 DEVELOPER 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 DEVELOPER 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.
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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 DEVELOPER must certify that it will provide drug-free workplaces in accordance with the Drug-
Free Workplace Act of 1988 (41 USC 701).
30. The DEVELOPER 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 DEVELOPER 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 DEVELOPER 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 DEVELOPER's fiscal year. The DEVELOPER 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.
Clarification of Eligible Audit Costs
The amendment to §92.206(d)(3) clarifies that eligible costs of a project audit include the cost
certification of costs performed by a certified public accountant. This has always been an eligible cost;
the amendment clarifies and codifies this.
33. Any real property acquired by the DEVELOPER 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 DEVELOPER 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 DEVELOPER certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained
isotok
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by the State of Florida Department of Management Services within the 36 months immediately
preceding the date hereof. This notice is required by § 287.133 (3) (a),Florida Statutes.
35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
if any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard 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 DEVELOPERS shall certify and disclose
accordingly.
36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38. Florida Statutes 713.20,Part 1, Construction Liens
39. Florida Statutes 119.021 Records Retention
40. Florida Statutes, 119.071, Contracts and Public Records.
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EXHIBIT"G"AIA G702-1992
'At AIA Document G702TM— e
1992 Instructions
Application and Certificate for Payment
GENERAL INFORMATION
Purpose and Related Documents
AIA Document 07(12,Application and Certificate for Payment,is to be used in conjunction with AiA focumew 0703.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 irk AiA Document A201,General Conditions or the Contract for Com:tr action.
Use of Current Documents
Prior to using any ALA Contract Document, uscri should consult www.aia.org or a local AiA component to verify the most recent
edition.
Reproductions
This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the
AIA.There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer
any further rights to reproduce this document.
The ALA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed 0702,but only for use in
connection with a particular project.The AlA will not permit reproduction outside or the limited license for reproduction granted
above,except upon written request and receipt of written permission from the ATA,
Rights to reproduce the document may vary 1'or users of A1.A software. Licensed AMA software users should consult the End User
License Agrcement(13tiLA).
To report copyright violations of AlA Contract Documents,e-mail.The American Institute of Architects'legal counsel,
copyright @tt ii,org,
COMPLETING THE G702 FORM
After the Contractor has completed AlA Document 0703,Continuation Sheet.summary information should be transferred to AiA
Document 0702. Application and Certificate for Payment.
The Contractor should sign G702,have it notarized,and submit it,together with G703,to the Architect.
The Architect should review 0702 and 0703 and, if they arc acceptable,complete the Architect's Certificate for Payment on 07(12.
The Architect may certify a different amount than that applied for,pursuant to Scclions 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,'Tire
completed G702 and G703 should be forwarded to the Owner.
MAKING PAYMENT
The Owner should make payment directly to the Contractor based on the amount certified by the Architect on ALA Document 0702.
Application and Certificate for Payment.The completed form contains the name and address of the Contractor. Payment should not be
made to any other party unless specifically indicated on G702.
EXECUTION OF THE DOCUMENT
Persons executing the document should indicate the capacity in which they are acting(i.e.,president,secretary,partner,etc.)arid the
authority under which they are executing the document. Where appropriate.a copy of the resolution authorizing the individual to act
on behalf of the firm m or entity should be attached.
AlA Document 0702'4—1992,Copyright SP 1953,1963, 1965, 1971, 1978, 1903 and 1992 by The American Institute el Archrtecls.All rights reserved.WARNING:This
Ale Document Is protected by U.S.Copyright Low and Intematonal Treaties.Unauthorized reproduction or distribution of this AIA`Document,or any portion of
It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum ezienl possible under the law.Purchasers are permitted to reproduce ton
(10)copies of this document when completed.To report copyright Violations nt AIA Coni reef Documents,a-mall The Amender'Instiutrt of Architects legal counsel,
copyrtgh+,kboi a.erg
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A IA Document G702' - 1992
Application and Certificate for Payment
TO OWNER: PROJECT: APPLICATION NO: Distribution to:
PERIOD TO: OWNER 0
•
CONTRACT FOR: ARCHITECT 0
FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR 0
PROJECT NOS: 1 1 FIELD D
OTHER 0
CONTRACTOR'S APPLICATION FOR PAYMENT the undersigned Contractor certifies Ilan to the best of the Contractor's knowledge,information
Application is made lirrpa±rrmrrl,as shown below,In l�rilriCY'lii)11 with the Emmet.
and heliel the Work covered be this Application for Payment has hen completed in accordance
will the Contract Uxuments,that all amounts have heel'paid by the Contractor for Work for
Continuation Shell.MA Document G703,is attached, which previous Certificates for Payment were issued and payments received froni the Owner,and
1.ORIGINAL CONTRACT SUM S That current payment shown herein is now due.
2,Net change by Change Orders 5 CONTRACTOR:
3.CONTRACT SUM TO DAME(Lira 1 4 2) 'l 13y: Date;
4.TOTAL COMPLETED&STORED TO DATE(Column 0 on G7331 $ State of:
5,RETAINAGE: County of;
a, '.of Complced Work Subscribed and swum to before
(Column b+F::oi(17(13) 4 ox'this thryof
b. 'r of Stored Material
(Column)'on G703) S Nnhuy Public:
4y Conniissioa expires:
Total Rclninagn(Lines Sa+5b or Total in Column I of 07(t3)..,..,. $ _
6.TOTAL EARNED LESS RETAINAGE ARCHITECT'S CERTIFICATE FOR PAYMENT
(Line 41tax Litre 5'Total) in accordance with the Contract Documents,based on on-site ohm ations and the data comprising
7.LESS PREVIOUS CERTIFICATES FOR PAYMENT g this application,the Archite;t ceniGes to the Owner that to the best of the Architect's knowledge,
(Line 6 from prior Certilirale} inlbnnation and belief the Work has pmgres;ed as indicated, the quality of the Work.is in
accorvruttx with the Contract Documents, raid the Contractor entitled to payment of the
8.CURRENT PAYMENT DUE AMOUNT CERTIFIED,
9.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED S
(Line 3 less Line 6) S (Attach erpitttairm if tumult certified differs porn tkc-uurr'unl applied,hritiuiailfigru•cs on this
Application WOE Orr the C ortiinu:rltOri Sheet that are ciiriug&In('(:!(fain with the anmwit certified)
CHANGE ORDER SUMMARY 1 ADDITIONS DEDUCTIONS ARCHITECT:
(Total change;appo med in previous months by Owner S I$ By:
'Total approved Ibis.Month 5 $
_ TOTALS $ iS his Certificate is nut negotiable.The AMOUNT CERTIFED is payable only to the Contractor
named herein.Issuan).:C,payment and acceptance of payment are without pmjntlico to any rights of
NET CHANGES by Cltan:e Order S the(Miter or Commemr under this Contract
AIA Document G70210-1992,Copyright 5: 953,1963,1985,1971,1978,1983 and 1992 by Thar Amnrirmu irsliato el Architects.All rights reserved,t'WAPNING:This AIA'Document is protected by U.B.Copyright tsars
and tntr:mntlonrl Treaties.Unauthorized reuroduebun or distribution al lilts AlA"Doeumera,or spy portion of it,may result in severe civil and criminal penaiiies,and rftli be prosecuted to the maximum extent
poenrbto under the tax.Pi:rchase,rs are permitted to reproduce don(IC)rapids at this iiccalrnnnl when completed,To report copyright if:deters of AIA Conhact Daurienls,email The Amniean Inshore of Architects legal
counsel,copyrioaia erg.
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CONTINUATION SHEET MA DOCI?ZIENT (,;703 (Instructions on rcvcrseside) PAGE O,r. p.{07,
AIA Doc'U:non!G1(12,APPLICATION AND CERTIFICATE,FOR PAYMENT, APPLICATION NO.
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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 10th day of December, 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
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 11A, 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
County,Florida,Inc. for the CDBG Site Design,Plan, and Permitting located at Immokalee, FL; and
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein, the Parties
agree as follows:
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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 '''4°-
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
Amok
b. Procurement Policy including Code of Conduct
c. Affirmative Action 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. PROJECT DETAILS
Project Component 1: Design and Permitting Fees
The Subrecipient will engage in developing 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. The Boys &Girls Club will receive
an amount up to$183,236 through an allocation of funds to perform the following CDBG activities:
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Improvements 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.
Grand Total $ 183,236
I. 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%
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 10th 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").
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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, a
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." ANN
The Following Table Details the Payment Schedule
Payment Deliverable Payment Schedule Submission Schedule
Permit/Design • Submission of monthly • Monthly
Plans/Engineering Specs invoices on AIA G702-1992
/Surveying Costs form (attached as Exhibit
or equivalent
document per contractor's
Schedule of Values, check
stubs, bank statements and
any other additional
documentation as requested.
• Final 10% ($18,323)
released upon delivered • Final Delivery
completed Design and
Engineering Specs, Surveys,
and proof of proper permits.
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The Following Table Details the Project Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this agreement Prior to the disbursement of funds
JSection I.A.3)
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
Audit 11/2018
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
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 funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY
and. HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production
of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions
of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination
shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole
discretion and judgment, that the funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and /or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
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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 t ° reflect the extension. The request must be
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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 Iimited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors,
patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of
the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination and/or expiration of this Agreement. This section does not pertain to any incident
arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes. This Section shall survive
the expiration of termination of this agreement.
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 this
Agreement
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1. Failure to comply with any of the rules, regulations or provisions referreu LU ncrcm, ur �uuu
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 A,
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 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 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.
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Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENOT, subject O t D e 5.
o 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.
I.X. 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.
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
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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 156
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 Iegislative 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
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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.
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 term is defined under applicable Federal regulations) gained from any
activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR
570.503(c) in the operation of the Program.
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
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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 (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°/0 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 I1246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to
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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
-f the project target area.
XL 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 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.
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Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal
place of worship, however, are ineligible for CDBG funded improvements.
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
(Signature Page to Follow)
Astak
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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
By:
GEORGIA A. HILLER ESQ, CHAIRWOMAN
Dated:
(SEAL)
BOYS & GIRLS CLUB OF COLLIER
COUNTY, INC.
By:
Theresa J. Shaw
President/CEO Boys& Girls Club of Collier County,
Florida, Inc.
Approved as to form and legality: ,47
(D`
Jennifer A. Belpedio
Assistant County Attorney
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, do Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the Alsti
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).
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OPERATION/MANAGEMENT PHASE(IF APPLICABLE) 12/10/2013 16.D.15.
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 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.
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EXHIBIT`B"
COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
Amok
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Boys& Girls Club of Collier Countl,Florida Inc.
Sub recipient Address:
Project Name: Permits and Design
Project No: Payment Request#
Dollar Amount Requested: $ Date
Period of Availability: 12/10/13 — 11/30/14
Period for which Agency has incurred indebtedness:
SECTION II: 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 Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under$14,999)
Dept Director (approval required$15,000 and above)
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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/fmal) Request
for Payment.
BOYS & GIRLS CLUB OF COLLIER COUNTY,
FLORIDA, INC.
Witness:
BY:
BY:
ITS:
Print name and title DATE:
STATE OF
TOUNTY OF
The foregoing instrument was acknowledged before me this day of 20 by
as of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did (did not)take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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EXHIBIT"D"
QUARTERLY PROGRESS REPORT
Sub-recipients:Please fill in the following shaded areas of the report
Agency Name:
Project Title:
Alternate
Program Contact: Contact: r
Telephone Number: ,.. ,
"REPORT FOR QUARTER ENDING:(check one that applies to the cor responding grant period): 06/30/13 X9/30/13 2131!13 IE:11/31/14
Please take note: The CDBG/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.
4yrt i '4^"--ssi 4rt�`°• +t ?a �c;; + jep,.m a "e „i r '�k
m
d �
$�
or,-„ x '.7 ° d ' '
1. [5J x„�C I � �wL dP ���x;€ � � r F
A.Outcome Goals: list the outcome•oal(s from our a••roved a••lication&sub-reci•ient a•reement'
i
1 I
m 4 r r —
a
R
„
Zj
B.Goal Progress: Indicate the progress to date in meeting each outcome goal.
v
L �
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2013-2014 CDBG(CDBG13-04)
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S 9 d 'w i
^,
.�T 12 1il 2 0 tll 1
.D
"1
5.
f sl a 1; F rP]P a X i IF s 1 as ,s t4C1fl . l h,l 1':, a Y ° 7 '...1.''':''i ' 1„ a) Y J , i V , P ua 3P s o-+l A ^ry � w ok 9 ° �f y a w Id li .. , +- j14 s ��*" v *14i 1 f "jS,� i ' r v 6s ., . .' �I �� l r 4� r I,. s l;.F .£;11�' d 1� �`'w'7 € Y h 7� i. S a lu tl 2. . -4
r
Yes 'a No
If no,ex•lain:
''''''''''''''1:: Th y 'I
i #�'� •al I t yth,'' t IN1i'r .r V
�;+# � ��I I�t.,� fSi..i'�J Mk I rd`I `P.Y .,k,cY G ,«
4 N•F a��J'�'"- ,Pt °if R ull fa F e.k,�.,�k.�, 1X S,)I��il( •.;fig b a'1�.., I .':YT 3§nry •r •.'"?. 5 +,S+I'- ^. .,ry d�,,,11'.14�dM41 la i�1:: ri IIA�n11 .;45
�':.. it e li J rl aw yul�Il��� � �r uee li,l It :_'„ ro��tF 5.: d �l s w,:; 41 C .. I�!'• d�.J '4 '� tn� 1 1 e :.4 5 ^n 1Y,.'i a 'I �t3 II1,,I.,.�tt a.
;.t„A P lff�7"� 4 ��;u.::a la y F:.o �"� Y'dr .Vi�uj ak u r,[k4uk4; %0�� f^d ,.:�Gi "I" ,!d d .r'..•d" a fi,s'r_�gM k + �, 5 t d7�,. ,'.;n �`a ,t.l',' s
f. 9 ., ,,A 1fKhA VY M.o..:..,4:.,._ n$•.:"� ♦w _uFr!r dY go- 4 lPy�" qr xn'9q 4 _:.x ��j 11 or, •rc f ••PSG ='c �+'13`mN y aM'�P,y y'2�'tf'ri IICwJb 4 fI P Nii'1ld ;:a l��ll "�F�I�
}� '.�` "�y, p y �y , z. •, `�3* s 4 u�,. �, �r F°i �" III I'a 3 'L
3. '411100+WeC�l1 UMi 7dY1 i.+� fS! 18t13� k n7 �i ° .. R Nw �i? a 1.�_ �a la5N4 ,in ,i 1141 iP lllfl y
aid
a. ...now have new access(continuing)to this service or benefit?
b. now has improved access to this service or benefit?
c.
...now receive a service or benefit that is no longer substandard? -
TOTAL: 0
„,; ,y� jd #,d y.A .5 T^ �fiP I�^ ,rF "-�'Nniu*" arc s'M 4R 'rx"r A"m' �+,irE�rFI°Mia'�' " I�'�, II,..
"7 � 1 r .•� u ,77- ,€ T'a� r _ s'w+ks. W r r d
a..LL a lfl��+J� r r 4 x e W+ +J�" re Ise �. a. �' { '�'�' wt ,Y .Ik �R I iia eril,"+'" k, 413 Y-i'-,, .aa a o-.A I 4
+�.+ IYw, �a ,,, + 5,474 . Maas +• r~ •• ,1.1 rah .,-. ill a>�"fitl T' ka y �f`r' fi
4. "k. .�. 'r, lr •' « s � 'e �� :"1md `�`W °[ i't.. pwi • a,Y �,� r�.W.d a• s'�a � A^� �p�paltw 3;�
. � ,,.-/ +i��l'w S �f . t ?uT +4°,. a ...J'crd �_[ iw.r� x+-�Y rta
��t � 4
Section 108 Loan Guarantee HOPWA
IS
Other Consolidated Plan Funds CDBG
Other Federal Funds ESG
State I Local Funds HOME
Total
$ Entitlement $
Total Other Funds - Funds -
'goys&Girls Club of Collier County,Florida,Inc.
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-2014 CDBG(CDBG13-04)
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EXHIBIT"D"
1 UARTERLY PROGRESS REPORT
i
a. Total No.of adult females served: - 'L Total No.of females served under 18:
b, Total No.of adult males served. . Total No.of males served under 18:
TOTAL: 0 TOTAL: 0
c. Total No of families served " Total No of female head of household:
6.
a. Total number of adult females served:
-'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
c. Total No.of families served: Total No.of female head of household:
Complete EITHER question s7 OR#a.Complete question 1711f your Program oily serves clients In one or more of the listed HUD Presumed
Benefit categories. Complete question NSW any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
• 7• ffIll..x i 1,.1 dL...` ,'`k; If Rxr$ i°._ "F'` "f11/4.-'.41P"" x'.z.,m y 5
Indicate the total number of UNDUPLICATED
persons served since October 1 who fall into indicate the total number of_ib m rA r persons•
each presumed benefit category (the total served since October 1 who fall Into each income
should equal the tote/in question#eJ: oat•gory(the total should equal the total in question#6):
Report as: Report as:
'`Abused Children
x_ Extremely low Income(0-30%)
Homeless Person Low Income(31-50%)
Battered Spouses bbderate Income(51.80%)
Persons w/MV/AIDS Above hbderate Income(>80%)
Elderly Persons
• Veterans
Chronically/Mentally it
Physically Disabled Adults
Other-Youth
TOTAL: 0 TOTAL: 0
8 �rc
Please indicate how many UNDUPLICATED served d
since October fall Into each race category.
to each race category,please Indicate how many mse In is addition
rry penotts In each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
White of whom.how many are Hispanic?
BIack/Nrican American ,a r =:;of whom,how many Hispanic?
�� airy are His �
Asian ,
r�; ,•.. • ,{:of whom,how miry are Hispanic?
American Indian/Alaska Native �i'r of whom,how many are Hispanic?
Native Hawaiian/Other Pacific Islander :of when,how many are Hispanic?
•
American kndianfNaskan Native&Where .q ,.=: ;of whom,how m
i many are Hispanic?
Black/African American&White• } !I � ''.;of whom,how many are Hispanic?
c?
Am.Indian/Alaska Native&Black/African Mi h, " ;of whom,how many are Hispanic?
Other Mild-racial f r ' F`
:of whom,how many are Hispanic?
Other r f" : •6`;of whom,how many are Hispanic?
TOTAL: 0 0 TOTAL HISPANIC
Name: Slue
TRIe: Your typed name°Here represents your electronic
signature
Boys&Girls Club of Collier County,Florida,Inc.
2013-2014 CDBG(CDBG13-04)
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EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
Co unt cular A 133 d f s,L le`s and `� / a
�C�It11B C1r � a
Tr5 1..�F^c/9 Ye.r o�a�ti tr��4'"4 a lu�1 l°Y t r i'eS'1 t1n y le/t�mle.`.�r�p Hf l;te�,.;a i.:.:".;,�.I e nS w f I n�/r u'��°+'7!t jf,�e vi':•FW„n”t§'"rtf�i:K i:.s-"��d g t k H N��>{a y+�k 1de f�'N r�Ft sA,�Y�,h Wntv l<,•��S..x:,u E�,r E�t�,z o-I tlta,?J"�'*�dN.r r�$tir b'!�e g ri}x.^'t y�ri"1tl-..;'�:w.k.„,rl•-h�:.d 4 t`.r��r,b k lu ti R�s�4 J b kCi..;"!�'I,r f tuP�.�,�r"P,i�'�1.„L a.,�.,,Y y a�r s'a^tr„.A�N,,�n n Ifi m��t.r k ji m��n d db��f}l�^�d 5J t,�G NF�tA.r*7�y�k�i^.W q�Y�I G It i�g-�,iwn.�g l yw�w:y.3�i'�,o,y�I{;�y u.T e�y;y,r a��;�����y�°I z�la:we."r".�°.�t#��tlrL i c.r N�ous
„, . "x awl determinw ?" 71'1
tq, 4, F A - sYfirat; a5 tr a 1�x`5 �r
�����*�°�.��,u�ie�.az•'d Suw��.d x'tN"e�N'vwtdY�r•kl• e .14a P4 x . �� rr i4Sa iWf Vr 4,4 ?0tl ti .
, 4# r+ ; a l� aR ga rs��ir w
hi,v � Kr uV W M � a kf N gt W s �t I kke s* �r 1 IVSig/Olie �t " e r r � 'kpmi M N . nr y7A0gFh" FIre,a �rek• �t n [ "N i x -n 'r TIn ∎ df lrG d'0 "d a kthlt.;, i i �al 00416 r h d k1h t*as, J . # { N *„' ii" �rf ��y ��
'�'� "'^ di'%kow ; ;y 5"T ”:r
,I, rcilttt -t �r L' t "1 I y�.
f�ru it y��nB2IM}Fb�rfn wN' N r ��Y���� o�"+ �-,L Itl; i v. � �; 'i�FWtnt Y ".>4'�'�,
ederat�'i� rt 4!I I,� 1d 'rF ' b �k as r i �� 1�19NU
T atal _ liti �. L F de l du '; t.:y & tlI
recier>t ,n NN , 7 mow%
Check Appropriate Boxes �lNrr � t0 'ii`
We have exceeded the'$500:000 federal/state expenditure threshold for our fiscal year ending
0 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-1133 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 DIM Circular A 133because we:;
•
❑ Did not exceed the$500,000 federal/state expenditure threshold for°the fiscal year
• indicated above
❑ Are a foryprofit organization
❑ Are exempt for other reasons—explain •
• An audited financial statement is attached and if applicable, the independent-auditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I„�lereb•y o nitre $1,e„
TT ' Date
Signature
Print Name and Title
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EXHIBIT"F"
LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block
Grant(CDBG)funds.
2. 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and
12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and
as supplemented in Department of Labor regulations.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42
USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed
by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer.
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."
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The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
connection with a housing rehabilitation (including reduction and abatement of lead-based arising 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
3. 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.
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19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education,Hospitals and Other Non-Profit Organizations and specified by the following subsections:
• Subpart A—General;
• Subpart B—Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance;
• Subpart C—Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow
570.504;
o Section 84.25,Revision of Budget and Program Plans;
o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow
570.505;
o Section 84.34(g), Equipment—In lieu of the disposition provisions of 84.34(g) the following
applies:
• In all cases in which equipment is sold, the proceeds shall be program income (pro-
rated to reflect the extent to which CDBG funds were used to acquire the equipment);
and
• Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
o Section 84.35, Supplies and other Expendable Property
o Section 84.51(b), (c), (d), (e), (f) and(h), Monitoring and Reporting Program Performance;
o Section 84.52, Financial Reporting;
o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies
with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual CDBG activities
shall be four years; and
• The retention period starts from the date of submission of the annual performance and
evaluation report, as prescribed in 24 CFR 91.520, in 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.
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23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by
representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under §
44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in
state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
25. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
'5. 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).
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30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,suspended, propo ed15.
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 ifpart of a State or local government) follow:
• A-21 for Cost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles
• A-110 for Administrative Requirements
32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days
after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves
the right to recover any disallowed costs identified in an audit after such closeout.
33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG 40'
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
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grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents
for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and
cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in
effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38. Florida Statutes 713.20, Part 1, Construction Liens
39. Florida Statutes 119.021 Records retention
40. Florida Statutes,119.071, Contracts and Public Records
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EXHIBIT "G"
AIA AIA G702-1992 Form
Aovik
Document G702 — 1992 Instructions
Application and Certificate for Payment
GENERAL INFORMATION
Purpose and Related Documents
ALA Document 0702,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 n.using any ALA Contract Document,users should consult www.aia.org or a local AIA component to verify the most recent
edition.
Reproductions
'L'his document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the
AIA.There is no implied permission to reproduce this document,nor does membership in The American Institute of Architects confer
any further rights-to reproduce this document.
The ALA hereby grants the purchaser a:limited license to reproduce a maximum of ten copies of a completed 0702.but only for use in
connection with a Particular project.The AlA will not permit reproduction outside of the limited license for reproduction granted
above,except upon written request and receipt of written permission from the Al A.
Rights to reproduce the document may vary for users of AIA software.Licensed ALA software users should consult the End User
License Agreement(HULA).
To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,
copyright OPaia.org.
COMPLETING THE G702 FORM
After the Contractor has completed AlA Document 0703,Continuation Sheet,summary information should be transferred to AlA
Document 0702, Application and Certificate for Payment.
The Contractor should sign 0702,have it notarized,and submit it,together with 0703,to the Architect.
The Architect should review G702 and G703 and,if they are acceptable,complete the Architect's Certificate fur Payment cm 0702.
The Architect may certify a different amount than that applied for,pursuant to Sections 9.5 and 9.6 of A201.The Architect should
then initial all figures on 0702 and 0703 that have been changed to conform to the amount certified and attach an explanation.The
completed G702 and Cr703 should he 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 name and address of the Contractor.Payment should not be
made to any other party unless specifically indicated on 0702.
EXECUTION OF THE DOCUMENT
Persons executing the document should indicate the capacity in which they are acting(i.e.,president,secretary,partner.etc.)and the
authority under which they are executing the document Where appropriate,a copy of the resolution authorizing the individual to act
on behalf of the firm or entity should be attached.
AlA Document G702s^ 1992.Copyright®1953,1963.1905.1971,1978.1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING):Th ie
AIA Document is protected by U.S.Copyright Law and International Treatise.Unauthorised reproduction or distribution of thtr AIA°Document,or any portion of
it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten
(10)copies of this document when completed.To report copyright violations of AlA Contact Documents,e-mail The American Institute of Architects'legal counsel,
copyright(inia.org.
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Document G702' - 1992
Application and Certificate for Payment
TO OWNER: PROJECT APPLICATION{NO: Dtstroi tit:
PERIOD TO: affliER -0
CON11iritCT DR: " ARCHITECT' D
FROM CONTRACTOR: %%ARCHITECT:
tNTRi41CTDATE CONTW4CTOR
PROJECT NOS: ! ! ,0
OTHER 0
CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractors knowledge.information
Application]s made for payment,as shown below,in connection with the Contract. belief the Work coveted by this Application for Payment has been completed in accordance
Continuation cation Sheet for Document meat.as
0703,is attached. with the Contract Documents,that till amounts have been paid by the Contractor for Work for
which previous Certificates 8sr Payment were issued and payments received from the Owner,and
1.ORIGINAL CONTRACT SUM $ that current payment shown herein is now due.
2,Net change by Change Orders..... ......... ......... CONTRACTOR:
3,CONTRACT SUM TO DATE(Line 1± ) .... $ By: Date:
4,TOTAL COMPLETED&STORED TO DATE(Colrain G on G7031 $ State of:
5.RETAINAGE: County of:
%of Completed Work Subscribed and sworn to before'
(Column D+Eon 0703) $ me this day of '
b. %of Stored Material
(Column F on 0703) $ Notary Public:
My Coninsission expires:
Total Retainage(Lines 5a+5b or Total in Column 1 of G703t.......
6 TOTAL EARNED LESS RETAINAGE.,♦................. ............., $ ARCHITECT'S CERTIFICATE FOR PAYMENT
(Lint 4 Less Line 5 Total) Nn accordance with the Contract Documents,basest on on site observations and the data comprising
LESS PREVIOUS CERTIFICATES FOR PAYMENT $ this application the Architect certifies w the Owner drat to the best of rite Architect's knowledge,
(Line 6 from prior Certificate) infation and belief the Work-has progressed as indicated,the quality of the Work is in
accordance with the Contract Doornails. and the Contractor is entitled to payment of the
0 CURRENT PAYMENT DUE AMOUNT CERTIFIED.
9 BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED.,,,.
(Line 3 less Line 6) $ (Attach e tanationlf amount cenffledd ter;from rite amount applied.Initial all figures on this
Application and on the Continuation Sheet that are dutnged to confonn with the,amnunt certified)
[ .HANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT:
CI._
iota]changes approved in previous months by Owner $ $ E
y:� V By: Dater
-TTotal approved this Month $ $
TOTALS s S This Cenilicatte is not negotiable.The AMOUNT CERTIFIED is payable only to the Contractor
g the named Owner herein.
Contractor sua Issuance,under land acceptance of payment are without prejudice to any rights of
NET CHANGES by Change Order $ Contract "
AIA Document G7020-1992.Copyright m 1953,1963,1965,1971,1978,1983 and 1992 by The American arstiane of Architects.Aft rights reserved:WARNtte0,This AIA5 Document is protected by LS.Copyright taw
and Intemeton al Treaties.Unauthorized reproduction Sr dlstrtbution of this Ale Document,or any portion of ti,may result m severe OA and criminal penalties,and Ma be prosecuted to the maximum extent
possible under the law.Purchasers are permitted to reproduce len(10)tupies of this document when completed,To report copyright violations otAlA Contract Documents,e-mat The American Institute 01 Architects'legal
copyright rg.
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CONTINUATION SHEET AEA DOCUMENT G703 (Insrructions on reverse side)
RAGE OF PeGzi
ALA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT,
ISC1
APPLICATION
containing Contractor's signed Certification,is attached.
,
In tabulations below',amounts are stated to the nearest dollar,
APPLICATION DATE: a+fi
Use Column I on Contracts where variable retainage for lint items may apply PERIOD TO:
ARCHITcCTS PROJECT Na:
A B C D E I F
G N I
I WORK COMPLETED MATERLALS TOTAL I
ITEM PRESENTLY COMPLETED B4LANCE
NO. DESCRIPTION OF WORK SCHEDULED FROM PREVIOUS
tALGE STORED AND STORED m TO REI:ALIAGE
APPLICATION THIS PERIOD ( M 1 F
1 (D ,� gl (NOT 1N TO DATE {G`C) FLNISH I
I D OR E) (DTE+F) IC-G) RATS]
I
I
i
i I
I
{ I
I
I
1 I
_ 1 I I
AIA DOCUMENT G703•CONTINUATION SHEET FOR G1G2,1992 EDMON 0 ALAI',tr:g2,THE_A.MtRICIN NsTnyTE or ARCH1TKTS,135 NM FORA
r ' AVENUE,N.z R:15HLNGTON.D.0 20006-52S2•WARNING:Unlicensed photocopying violates 115,copyright lairs and wilt> feet the violator to
legal prosecution.
L-7G703-ci79)199_21'
CAUTION:You should use an original AIA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced.
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THE CDBG SUBSTANTIAL AMENDMENT
TO THE
FY2013-2014 HUD ACTION PLAN
AMENDMENTS TO BIG CYPRESS HOUSING CORPORATION (CDBG AND
HOME), UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, CITY OF
NAPLES, LEGAL ADI SERVICE OF COLLIER COUNTY, HABITAT FOR
HUMANITY
Jurisdiction(s): Collier County,Naples CDBG Contact Person: Elly Soto McKuen
Lead Agency: Collier County Address: 3339 E. Tamiami Trail, Suite 211,
Jurisdiction Web Address: www.colliergov.net Naples,FL 34112
(URL where CDBG Substantial Amendment Telephone: (239)252-2664
materials are posted) Fax:(239)252-2664
Email: ellymckuen @colliergov.net
The FY2013-2014 HUD Action Plan, approved by the Board of County Commissioners(BCC)on August 13,2013 at an
absentia meeting and ratified on September 10,2013 meeting is hereby amended as follows:
Words '#rough are deleted; Words Underlined are added:
* * *
I' .*"-e qt1 9 1 #1 a v�+st vt 7 d " kin'it. reri4
' jr w� �, � -il�h .MNtw iMF rei�1 1 �,. �'k' �''�. "��+w/"t^�. '�, rp � ,�.�t�rs`ylt �,
'' 1 � Z,W x vA '^n � ! �K�ra; ak`4 41,11 I4 4', -L Ik_°' 'A a 47 .
twat vas� �2B,'?s �� a4 �tipy,
11 p @ ! 71J t qu E , 4 di tllA F K 1 i i},t a a�7�J
ht ! (! ° f IF iS�IEF°I l
p
r ryl�,a p� a E�^�A,v
r or ,,
Fund
intersection
improvements and
environmental review at
City of Naples Naples Goodlette-Frank Road $ 30,959 CDBG
and 5th Avenue North in
order to improve
pedestrian safety.
City of Naples Naples Project Delivery $1,500 CDBG
Fund intersection
improvements and
environmental review at
City of Naples Naples Central Avenue and $ 49,500 CDBG
Goodlette-Frank Road in
order to improvement
pedestrian safety
City of Naples Naples Project Delivery $1,500 CDBG
Fund design and
Boys&Girls Club of permitting activities such
Immokalee as,but not limited to, $ 183,236* CDBG
Collier County
civil engineering, site
plan,architectural
C.)
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plan,architectural
services, surveying and
permitting fees for the
Afootk
eventual construction of
the Immokalee Youth
Development Center.
Boys&Girls Club of Project Delivery $1,500 CDBG
Collier County
Fund salaries,consultant
(facilitators, coaches or
mentors), and operating
Goodwill Industries Countywide costs to provide four(4) $ 59,569 CDBG
Microenterprise Program
courses in order to assist
students in starting their
own business.
Goodwill Industries Project Delivery $1.000 CDBG
Fund salary for FT
Business Development
Center Manager,partial
salary for an
Administrative Assistant,
Immokalee Community Immokalee and operating costs in $ 115,000 CDBG
Redevelopment Agency
order to assist in the
facilitation and
development of
businesses in the
Immokalee Community.
Immokalee Community
Redevelopment Agency Project Delivery $1,000 CDBG
The Salvation Army Naples Partial funding for land
Command Countywide acquisition of a new $ 480,000 CDBG
Youth Center
The Salvation Army Naples Project Delivery $6,000 CDBG
Command
Fund partial salary for
staff and drivers, and
United Cerebral Palsy of fund related operating
Southwest Florida Countywide costs to transport persons $ 24,458* CDBG
with disabilities to the
UCP Adult Day
Education/Training
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Center
United Cerebral Palsy of Project Delivery $1,000 CDBG
Southwest Florida
Fund 1 FT Attorney and
1 PT Paralegal to
provide legal services for $ 73,202*
Legal Aid Service of Countywide victims of domestic CDBG
Collier County violence, sexual assault, $ 72,552*
dating violence, child
abuse and other abuses
Legal Aid Service of Project Delivery $1,000 CDBG
Collier County
Fund construction of
infrastructure for phase
2C of the Faith Landing
Habitat for Humanity Immokalee Development in $ 500,000 CDBG
Immokalee in order to
construct affordable
single family homes
Habitat for Humanity Project Delivery $8,000 CDBG
Fund-landacguisitien
and-site improvements
for a multi-family project
consisting of single
family rental homes at $ 218,718*
Big Cypress Housing Immokalee the Hatchers Preserve CDBG
Corporation Development in $74,718*
Immokalee in order to
construct affordable
single family rental
homes
Big Cypress Housing Project Delivery $4,500 CDBG
Corporation
Fund design, inspection,
environmental reviews
and permits for electrical
Collier County Housing Immokalee rewiring and $ 385,000 CDBG
Authority replacement for Section
A at Farm Workers
Village.
Project Delivery $8,000 CDBG
Collier County Housing
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Authority
HHVS Planning and N/A CDBG Administrative $ 418,461 CDBG AIN
Administration(20%) Costs
#A $-5,000 CDBG
,,t, k as
Fund a multi-family
project consisting of
single family home
construction,and
associated site
improvement costs to
include, but not be
limited to,engineering
services, soils testing,
utility installation and
connection fees,drainage
maintenance and repairs,
project signage, liability
insurance,architectural
services, building
permits,permit
processing, and project
delivery of construction
at Hatchers Preserve in
order to provide
affordable single family $1-000,000*
Big Cypress Housing rental homes in
Corporation Immokalee Immokalee. $1,144,000* HOME
Big Cypress Housing Project Delivery
Corporation $14,828 HOME
Fund down payment
assistance and associated
project delivery(staff to
qualify individuals and
administer the program) $ 353,110
to improve home
Habitat for Humanity Countywide affordability. $209,440 HOME
Habitat for Humanity Project Delivery $17,672 HOME
Fund building
acquisition of multi-
Community Assisted and family housing to house
Supportive Living Countywide persons with disabilities. $ 405,564* HOME
CII)
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Community Assisted and Project Delivery
Supportive Living $4,000 HOME
HHVS Planning and
Administration (10%) HOME Administrative
Costs $ 47,403 HOME
HHVS Project Delivery , HOME
yy,,m r m gyp^ r ' .m'" : Ir^r i�Srw..
,V,;,17"7:177 F r
k ..f.
-
.;„ wL_ _ Fund.salary.support
of
Security Coordinator and
The Shelter for Abused utilities in order to
Women and Children Countywide operate the Shelter to $ 39,792 ESG
serve abused women and
children.
Fund utilities in order to
St. Matthews House Countywide operate the shelter to $ 39,792 ESG
serve homeless
individuals/families.
Fund short term rental
assistance(up to 3
months) and/or
supportive costs such as,
but not limited to,
utilities,rental
application fees, security
deposits, last month's
rent, utility deposits and
payments,moving costs, $49,227*
Catholic Charities Countywide housing search and ESG
placement, landlord-
tenant mediation,tenant $43,108
legal services and credit
repair,along with
housing stability case
management in order to
keep individuals/families
in housing and prevent
eviction and/or
homelessness.
$ 9,948
HHVS Administration ESG administrative costs ESG
.� +. P'n y, ret'° �„ x ate, _
411 r d L.� r ;r r� a: ,.
s Ib: r
t I
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AMEND PROJECT INFORMATION SHEET(Page 39):
Project# CDBG13-02—City of Naples—Intersection Improvements
Description: TBD Fund intersection improvements and environmental review at Central Avenue and Goodlette-Frank
Road in order to improve pedestrian safety.
Project Level Accomplishments: 1
Proposed Outcome: Safe and secure intersection
Matrix Code: 03K Street Improvements 570.201(c)
***
AMEND PROJECT INFORMATION SHEET(Page 42):
Project#CDBG13-05—Big Cypress Housing Corporation—I 4equisitien-and Site Improvements
Description: Fund site improvements for a multi-family project consisting of single family rental
homes at the Hatchers Preserve Development in Immokalee in order to construct affordable single family rental homes
Project Level Accomplishments: 1
Proposed Outcome: Site improvements
Matrix Code: ! -- •• • = - ' =- -= e. : 14J—Housing Services
Proposed Amt:$2-1-87-7-1-8$74,718
***
AMEND PROJECT INFORMATION SHEET(Page 47):
Project# CDBG13-10—Legal Aid Service of Collier County—Legal Support
Proposed Amt: $7-3402-$72,552
***
AMEND PROJECT INFORMATION SHEET(Page 48):
Project# CDBG 13-11 —United Cerebral Palsy of Southwest Florida—Transportation Services
Project Level Accomplishments:2-S 8
***
ADD PROJECT INFORMATION SHEETS (Page 50a):
Project#CD10-13: Immokalee Community Redevelopment Agency—First Street Plaza/La Placita
Description: Construction activities/items/services to include but not be limited to: closing costs,impact fees,pre-
design/design, earthwork„stormwater,electric, irrigation water lines, permitting, pedestrian walkway sidewalk, roof
structure;the columns, fencing, landscaping and hardscaping(pavers),concrete/stucco art wall,upgraded wall on the
western property line and a large focal point sculpture on the southeast corner of the lot.
Project Level Accomplishments: 1
Proposed Outcome: Public Facility
Matrix Code: 03 Public Facilities and Improvement
Proposed Amt: $6.000 (In conjunction with$144,000 funding from FY2013-2014 and $810,000 funding from FY2010-
2011 for a total amount of$960,000)
***
AMEND PROJECT INFORMATION SHEET(Page 52):
Project# HOME13-01 —Habitat for Humanity-Acquisition
Proposed Amt: $353,410 $209,440
C.)
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AMEND PROJECT INFORMATION SHEET(Page 54):
_project#HOME13-03 —Big Cypress Housing Corporation—Single Family Rental Construction
Description: Fund a multi-family project consisting of single family home construction, and associated site improvement
costs to include,but not be limited to, engineering services,soils testing, utility installation and connection fees,drainage
maintenance and repairs,project signage, liability insurance, architectural services,building permits,permit processing,
and project delivery of construction at Hatchers Preserve in order to provide affordable single family rental homes in
Immokalee.
Proposed Amt:$4-7000,O90$1,144,000
***
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Grant#- B-12-UC-12-0016
CFDA/CSFA#- 14.218
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 10th day of December, 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 from the United States Department
of Housing and Urban Development (HUD) as provided by the Cranston-Gonzalez National
Affordable Housing Act, as amended; and
Allfw
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
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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 10th day of December, 2013 and end on the
31st day of January, 2015. 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).
t r
Dlrec o $ 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
(CDI3-I1) Page 2 of 30
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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 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 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
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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
mailto:RosaMunoz(a:)Collieruov.net
239-252-5713
SUBRECIPIENT ATTENTION: Kirk Zaremba and Ellie VanderMeuse
United Cerebral Palsy of Southwest Florida,Inc.
9040 Sunset Drive
Miami, FL 33173
mai Ito:kzarembat@sunrisearoup.org
ellievandermeuse(i.c rg
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.
Transportation Services
(CDI3-1 I) Page 4 of 30
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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 Services
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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
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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.
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;
Avow
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Transportation Services
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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 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
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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 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,
oink
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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 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
HUD REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available for specified activities.
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Transportation Services
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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
Request for Proposal (RFP)
Above $50K Invitation for Bid (IFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit.
G. PROGRAM-GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained
from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY
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 information that complies with Section 215.97, Florida Single Audit Act.
X. OTHER PROGRAM REQUIREMENTS
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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
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.
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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.
olotv
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 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
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Transportation Services
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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.
XIL 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
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Transportation Services
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IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk GEORGIA A. HILLER, ESQ., CHAIRWOMAN
Dated:
(SEAL)
UNITED CEREBRAL PALSY OF SOUTHWEST
FLORIDA, INC.
:),,,,,,(
By: ,, "C'e6/(C-/Cti 7/—f.
Subrecipi t Signature
James G. Vseeks,PhD/Chief Financial Officer
Subrecipient Name and Title
as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney ?"2
.2-.{ 13
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Transportation Services
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance
in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County
must be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County shall be named
as an additional insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided
as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than
$1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the
SUBRECIPIENT and/or the design professional shall become legally obligated to pay
as damages for claims arising out of the services performed by the SUBRECIPIENT or
any person employed by the SUBRECIPIENT in connection with this contract. This
insurance shall be maintained for a period of two (2) years after the certificate of
Occupancy is issued. Collier County shall be named as an additional insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in I — 4 above, the SUBRECIPEINT shall provide or
cause its Subcontractors to provide original certificates indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100%) percent of the insurable value of the building(s) or
structure(s). The policy shall be in the name of Collier County and the
SUBRECIPIENT.
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6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the Subrecipient shall assure that for activities located in an area
identified by the Federal Emergency Management Agency (FEMA) as having special
flood hazards, flood insurance under the National Flood Insurance Program is obtained
and maintained as a condition of financial assistance for acquisition or construction
purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance
in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County
must be shown as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less that $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County as an additional
insured.
10. Property Insurance coverage on an "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.
Amok
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Transportation Services
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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: CD13-11 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
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 (approval required $15,000 and above)
United Cerebral Palsy of SW Florida, Inc.
Transportation Services
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EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials,
supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a
demand against any payment bond might be filed, have been satisfied and paid. This document is in
compliance with Florida Statutes Chapter 713.02 Part 1 — Waiver or Release of Liens.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final)
Request for Payment.
United Cerebral Palsy of Southwest Florida, Inc.
Witness: BY:
BY: ITS:
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
United Cerebral Palsy of SW Florida, Inc.
Transportation Services
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub-recipients:Please fill in the following shaded areas of the report
.
... `. . ; ,. -:.:.. ..
r
,k
Agency Name: ,. [t :t.:_:.'::,:�_;'...if.::r.,: ; • '... >�,.:�:'•:�: �.:r„ .. : . Date: . .
Project Title: Tif$it.:3 .;A<_..i'-,•'_:,:
Program Contact. •- . • '�:r-• ,,-_,„.,,,-,;1371:).,3•3., - Contact:
Telephone Number:
r r
'REPORT FOR QUARTER ENDING:(check one that applies to the i
corresponding grant period): 0 02/28/14 1__, 005/30114'__.008/31/14 L. 0 11/30/14 kp''
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of November 12,2013.
Please'list the:outcome:gosl(s):;fr.om your..approvedapplication&sub•irecipient.agreement,and.indicate:your progress in meeting
1 those goals since September 24,2013.
A.Outcome Goals: list the outcome .oal(s)from your ap•roved application&sub-recipient aareemen'
i�trtco B •...- . E..._�_ _ . .
�{1} yy .......a..,..:5•. .yl ':l'. :
i.
^er RTM75. C- - C:'=. G�^"7��. Y�, ti 4,_, i > a _•S .':--: „,wT z- ..,- w.=;.„. ..,,... `";L' e.,,,, outca,,me.„..,;.,,,,,„,,..;:,,
, ,,,, ,L..,,,,,... ....,„,,,,,,,...
B Y qe . .. A.,,,;h r k' +�..° ,.i•. $` a,:':!-:'L''',t' t 3e yid,`' r . 9.. . }; -r;C.Y 7 .r ..i.5,1:''',�
x, `,,,, A IP - n` y'.`� `.'4 Rh 7+g r.er t.°'b i' c l s' `y,.
t1 I '• 1: n ''' 4 } r r� L 1`pJ'17, -F:* ; ;r t-' .F y a 'c�7 T {T
��u : t "�`s'^'�, r k�k'�`, �'�`aRh, 1 ''_ t r "` w.:rs'. 7�.y.,��`i�l'`' ���' f„f^k� u"'i���fi` ...t ��''.'`i''t}�.1 s� ; p;
0^ ` n 7 -,r""' ^• t.. �_ 4 �7 <k qq a>r , Rio- ,r w7s_. >a-v:,,.7 .. a �3' Jye.thy ,a`
I, Q4s .. if 3'' 0,l„,. �F7 rfiT yrr.n 4„,re, . .,,, ', ,,:4 Yt d ,-,,e,- ,,...,� ,, "F4iy4,,. „,,,. , I..i.4... j`,4 �:-. f ••aSi-k NO'' `',1}'0,146,, ti
Outcom x , r
Outcome,9 - ti4. _` � y -�'•"`. i,•
- '.... .�:. S+ - fit —..,;,,, -,,-.,,-.,1,.--,-,-i:.,,.v. xe: r . ,:,
,I , a 5- �� -. --,'-;.----,-7..--..s„•.-- .
B. Goal Progress: Indicate the progress to date In meetnc each outcome pcal
a , S x J k ^4"'1” $a' } L t -- 1 f, .,4,.-5.. Y �- u ' l -..,•
_.
,
United Cerebral Palsy of SW Florida,Inc.
Transportation Services
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Is this project still in compliance with the original,project schedule?If more than 2,months.behindschedule,must-Submit a new
2. timeline for approval.
Yes , No T,
If no,explain:
y 'x` 4 '%
��
3. Since October 1,2012,of the persons assisted,how many....
a. ...now have new access(continuing)to this service or benefit? e .
b. ...now has improved access to this service or benefit?
c. ...now receive a service or benefit that is no longer substandard? la,'
TOTAL: 0
4. What-fundingsources are applied for.this period/program year?
Section 108 Loan Guarantee ' HOPWA
Other Consolidated Plan Funds ; CDBG �
Other Federal Funds � ESG
State/Local Funds ' HOME ''
Total
$ Entitlement $
Total Other Funds - Funds -
. ..:......:
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Transportation Services
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EXHIBIT "D"
I UARTERLY PROGRESS REPORT
5. What issfhetotal•anumbetorUNDUPLI A' ED llents:eeruesl is^• rttr,Ifa« •ticebe?' ,
ss
a. Total No.of adult females served: s,t ,,Total No.of females served under 18:
-i
b. Total No.of adult males served: '- ,, Total No.of males served under 18:
TOTAL: 0 TOTAL: 0
c. Total No.of families served: l'' ^"4 "=Total No.of female head of household: i 3;,-
6. What ts the:totai:number'of'UNDUP CA D entsse+ved6imce,Oatobet" f> ..pticable?
a. Total number of adult females served: ,Total number of females served under 18:
b. Total number of adult males served' Total number of males served under 18: I
TOTAL: 0 TOTAL: 0
.
l
c. Total No.of families served: ,u =°'a°f I.i'iTotal No.of female head of household:
Complete EITHER question#7 OR#8.Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. J'PRESA INED;BENEFICIPRY:JDATA: T a. 4OTH BENEFJC.IARY DATA:1NCQ111
Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons
persons served since October 1 who fall into served since October 1 who fall into each income
each presumed benefit category (the total category(the total should equal the total in question#6):
should equal the total in question#6):
Report as: Report as:
� � '., Abused Children 1-)Extremely low Income(0-30%)
1
: ' Homeless Person f°-'Low Income(31-50%)
rt.�i,', Battered Spouses Moderate Income(51-80%)
Persons w/HN/AIDS :341 rAbove Moderate Income(>80%)
Elderly Persons
s a Veterans
1` ,, 1:Chronically/Mentally ill
i � s Physically Disabled Adults
i 'Other-Youth
TOTAL: 0 TOTAL: 0
9. Raaial&Ethnic.ata:': I(lappllcable)
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
s
White r i;of whom,how many are Hispanic?
Black/African American ��4&!i!v' of whom,how many are Hispanic?
Asian �g + of whom,how many are Hispanic?
American Indian/Alaska Native r S �;` ..-•of whom,how many are Hispanic?
Native Hawaiian/Other Pacific islander r �.;of whom,how many are Hispanic?
American Indian/Alaskan Native&White"Sze � �. e ;;of whom,how many are Hispanic?
S ..v
Black/African American&White r f;of whom,how many are Hispanic?
Am.Indian/Alaska Native&Black/African Am t' ii-^4`,:,•.;; , of whom,how many are Hispanic?
Other Multi-racial m e !;;of whom, how many are Hispanic?
Other ± ;;;of whom,how many are Hispanic?
TOTAL: 0 0 TOTAL HISPANIC
Name: Signature:
Your typed name here represents your electronic
Title: signature
United Cerebral Palsy of SW Florida,Inc.
Transportation Services
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EXHIBIT"E"
ANNUAL AUDIT MONITORING REPORT
ON/113 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 Taws 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 completed Fiscal Year
Total`Federal Financial Assistance Expended during most
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the$500,000 federal/state expenditure threshold for our fiscal year ending
❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
❑ indicated above and expect to complete our Circular A-133 audit by . Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and Aoirowc
management letter.
We are not subject to the requirements of OMB Circular A-133 because we:
❑ Did not exceed the$500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
Amtk
I �
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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. sey
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
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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.
Ask
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16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 79-45 - which prescribes goal percentages for participation of minority businesses in
Community Development Block Grant Contracts.
17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607,
as revised by Executive Order 13279. The applicable non-discrimination provisions in Section
109 of the HCDA are still applicable.
18. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
19. 24 CFR 84 -Uniform Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the
following subsections:
• Subpart A—General;
• Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal
Assistance;
• Subpart C—Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall
follow 570.504;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall
follow 570.505;
o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the
following applies:
• In all cases in which equipment is sold, the proceeds shall be program
income (pro-rated to reflect the extent to which CDBG funds were used to
acquire the equipment); and
• Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
o Section 84.35, Supplies and other Expendable Property;
o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
o Section 84.52, Financial Reporting;
o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b)
applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual CDBG
activities shall be four years; and
• The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
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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 subrecipients 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, 20th Judicial Court of Florida, if in
federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE
SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
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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
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• 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
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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.
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