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Agenda 11/13/2012 Item #16D 311/13/2012 Item 16.D.3. EXECUTIVE SUMMARY Recommendation to approve four (4) Subrecipient Agreements for the Community Development Block Grant (CDBG) projects previously approved for U.S. Department of Housing and Urban Development (HUD) funding in the 2012 -2013 Action Plan approved by the Board on July 24, 2012 (Agenda Item No. I LE) OBJECTIVE: To begin expenditure of the FY 12 -13 HUD allocations, per the Annual Action Plan approved by the Board. CONSIDERATIONS: On July 26, 2011, the Board of County Commissioners approved the County's Five -Year Consolidated Plan for fiscal years 2011 -2016 (Agenda Item No 10H, fonnerly 16D14). The purpose of the Consolidated Plan is to provide the County with a planning strategy outlining community -based goals and objectives that will allow for eligible projects utilizing federal funding. In addition to furthering the County's goals and objectives, the Consolidated Plan also complies with HUD national objectives. Each year, the County completes an annual Action Plan that is meant to further the Consolidated Plan's goals and objectives. Each Action Plan identifies a list of community based projects that is acquired through an application submittal process. Among other criteria, during the review process, grant applications are evaluated specifically against the goals and objectives of the Consolidated Plan and the Annual Action Plan. In addition to the evaluation criteria, each proposed project is evaluated as to whether the project meets the HUD national objectives. HUD's National Objectives are: elimination of slum and blight, direct benefit to low and moderate income persons and /or has been designated to meet community development needs having a particular urgency. On July 24, 2012, the Board of County Commissioners adopted Resolution No. 2012 -137 approving a One -Year (FY2012 -2013) HUD Action Plan (Agenda Item No. 1 LE). The approved Action Plan contained a description of each proposed project and amount of funding for each project. The projects below are incorporated in the 2012 -2013 One Year Action Plan. Approval of the subreceipient agreements will allow Housing, Human and Veteran Services (HHVS) to administer, implement and monitor the projects outlined in the Annual Action Plan. The subrecipient agreements for the remaining projects contained in the 2012 -2013 One Year Action Plan will be presented to the Board for consideration at a future meeting. The Action Plan identifies the funding year as October 1, 2012 to September 30, 2013. The following contracts are effective from November 13, 2012 (Board meeting date) to November 13, 2013. This is an acceptable grant practice and allowed by the funding source. The following Subreceipient Agreements are being presented for the Board's approval: Youth Haven, Inc., The Shelter for Abused Women and Children, David Lawrence Mental Health Center and the City of Naples. Packet Page -2084- 11/13/2012 Item 16.D.3. Youth Haven. Inc. — Safe and Secure Home for Collier Youth — ($956,000) The project description, as outlined in the FY2012 -2013 Annual Action Plan is as follows: The project will allow Youth Haven to renovate and expand to provide a Basic Shelter Center for homeless /runaway youth, ages 14 -18, upgrade campus security and additional lighting and security fencing, as well as upgrade two other cottages onsite for transitional housing for emancipated youth and youth transitioning out of foster care. Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's grant application and amendments, the FY2012 -2013 Annual Action Plan, Priority Needs Category (Public Facilities) and the Scope of Work. Staff confines that the project is compliant with the Consolidated Plan and FY2012 -2013 Action Plan. Since the initial grant application was received, HHVS has worked with the Subreceipient to detennine that additional work can be included within the original allocation and is defined in the budget detail of the Subreceipient Agreement. The number of bathrooms within the Basic Shelter Center increased from eight to eleven and the barbed wire strands on the perimeter fence has been removed. All other improvements remain as identified in the original application. The Shelter for Abused Women and Children — Leval Services Expansion — ($144,500) The project description, as outlined in the FY2012 -2013 Annual Action Plan is as follows: The expansion of the Legal Services Program will continue assisting low /no income emergency shelter and outreach participants in Immokalee and Naples. These services will provide orders of protection, divorce or separation and spousal or child support. Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's grant application and amendments, the FY2012 -2013 Annual Action Plan, Priority Needs Category (Public Services) and the Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and FY2012 -2013 Action Plan. The amendment proposed constitutes only administrative changes to staff classifications and the addition of a portion of the time for a Director of Programs at The Shelter. The administrative changes do not affect the grant funding amount or the clients to be served. David Lawrence Mental Health Center — Access 2 Wellness — ($180,000) The project description, as outlined in the FY2012 -2013 Annual Action Plan is as follows: The Access 2 Wellness project provides access to intensive, residential care for adults with significant substance abuse problems. The project enhances traditional residential care by adding access to on -site wellness services and facilities. Packet Page -2085- 11/13/2012 Item 16.D.3. Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's grant application and amendments, the FY2012 -2013 Annual Action Plan, Priority Needs Category (Public Facilities) and the Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and FY2012 -2013 Action Plan. The grant award was less than the Subrecipient's request. The project, as presented, reflects the hiring of a Licensed. Practical Nurse rather than a Registered Nurse and the elimination of a Physical Trainer contracted position. Even with a reduction in funding, the Subreceipient will maintain the same level of service identified in the application. City of Naples — Land Acquisition — ($105,835) The project description, as outlined in the FY2012 -2013 Annual Action Plan is as follows: The acquisition of a vacant parcel of property within the City's Community Redevelopment Area (CRA) near the River Park Community Center on 5`h Avenue North at the entrance to the FPL Substation Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's grant application, the FY2012 -2013 Annual Action Plan, Priority Needs Category (Public Facilities) and the Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and FY2012 -2013 Action Plan. Pursuant to the consistency analysis outlined above, Board approval of the Subreceipient Agreements confirms basis upon which payment is to be made; only to change thereafter by Board approved substantial amendment and /or contract amendment, if needed. FISCAL IMPACT: Funds in the amount of $1,386,335 are available within the Housing Grants Fund (705) for FY2012/2013 CDBG Project (33236). LEGAL CONSIDERATIONS: Each subrecipient agreement authorizes the County Manager to grant a cumulative extension of the project completion date of no more than 180 days and modify the project work plans to reflect the extension. Requests for extension must be submitted no later than 90 days prior to the end date of the subrecipient agreement. This item is legally sufficient and requires a majority vote.- JBW GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will further certain Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: To approve and authorize the Chairman to execute four (4) Subrecipient Agreements for the CDBG projects previously approved for HUD funding in the 2012 -2013 Action Plan approved by the Board of July 24, 2012 (Item No. I LE) Prepared By: Elly Soto McKuen; Grant Support Specialist; Housing, Human and Veteran Services Department Margo Castorena, Manager, Federal and State Grants, Housing, Human and Veteran Services Department Packet Page -2086- 11/13/2012 Item 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3. Item Summary: Recommendation to approve four (4) Subrecipient Agreements for the Community Development Block Grant (CDBG) projects previously approved for U.S. Department of Housing and Urban Development (HUD) funding in the 2012 -2013 Action Plan approved by the Board on July 24, 2012 (Agenda Item No. 11.E) Meeting Date: 11/13/2012 Prepared By Name: McKuenElly Title: Grant Support Specialist, Housing, Human & Veteran 10/ 17/2012 12:22:40 PM Submitted by Title: Grant Support Specialist, Housing, Human & Veteran Name: McKuenElly 10/ 17/2012 12:22:42 PM Approved By Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 10/23/2012 1:40:36 PM Name: MesaNancy Title: Accountant,Housing, Human & Veteran Services Date: 10/23/2012 2:02:25 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 10/23/2012 3:41:12 PM Name: K1opfWendy Title: Operations Coordinator,Housing, Human & Veteran Se Date: 10/24/2012 10:42:00 AM Packet Page -2087- Name: AckermanMaria Title: Senior Accountant, Grants Date: 10/24/2012 4:21:24 PM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 10/25/2012 10:23:14 AM Name: WhiteJennifer Title: Assistant County Attomey,County Attorney Date: 11/2/2012 9:10:35 AM Name: KlatzkowJeff Title: County Attorney Date: 11/2/2012 11:56:17 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/2/2012 3:17:46 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Manag Date: 11/2/2012 3:51:32 PM Name: OchsLeo Title: County Manager Date: 11/4/2012 12:34:32 PM Packet Page -2088- 11/13/2012 Item 16.D.3. 11/13/2012 Item 16.D.3. Grant # - B- 12 -UC -12 -0016 CFDA/CSFA# - 14.218 Subreci ient — Youth Haven, Inc DUNS # - 077283349 FETI # - 23- 70655187 AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC SAFE AND SECURE HOME FOR COLLIER YOUTH THIS AGREEMENT is made and entered into this 13th day of November, 2012, 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 "Youth Haven, Inc ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 5867 Whitaker Road, Naples, FL 34112. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood /community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate- income residents; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FY12 -13 for the CDBG Program for July 24, 2012, Agenda Item #1 I.E.; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of the One -Year Action Plan, the County held public meetings, receiving citizens' comment and advertised a 30 -day citizen comment period from May 22, 2012 through June 21, 2012 ; and WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012 -137 approving the One -Year Action Plan for Federal Funds for FY12 -13 providing CDBG funds in the amount of $956,000 to YOUTH HAVEN, INC. for the Safe and Secure home for Collier Youth located at 5867 Whitaker Road, Naples, FL 34112; and Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 1 of 30 Packet Page -2089- no 11/13/2012 Item 16.D.3. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: The FY2012 -2013 Action Plan identified and approved the project to allow Youth Haven to renovate and expand to provide a Basic Center Shelter for homeless /runaway youth, ages 14 -18, upgrade campus security and additional lighting and security fencing, as well as upgrade two other cottages on site for transitional housing for emancipated youth and youth transitioning out of foster care. Specifically, improvements identified for funding are outlined in the budget in Section III. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project's construction contract will include details sufficient to document the number, amount and costs associated with all activities for payment. All activities funded with CDBG fluids 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 13th day of November, 2012 and end on the 13th day of November, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available NINE HUNDRED FIFTY SIX THOUSAND DOLLARS ($956,000) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. Youth Havcn, Inc. 2012 CDBG (CD I2 -03) Safe and Securc Home for Collier Youth Page 2 of 30 Packet Page -2090- 11/13/2012 Item 16.D.3. The budget identified for all improvements is as follows: Improvements Federal Funds NOTE* Activities /items /services may include but not be limited to: Basic Center Shelter Cottage All costs associated to remove /replace /install $ 735,000 commercial kitchen, I 1 bathrooms and reconfigure living space from cottage to residence; energy efficient/hurricane impact glass windows; install generators industrial grade, automatic, on platform and according to Collier County Building Code; transport and disposal of construction debris Subtotal $ 735,000 Transitional Cottage — Jeanette Cottage All costs associated to remove /replace /install new roof; $ 70,500 energy efficient windows with hurricane impact glass ; install generators industrial grade, automatic, on platform and according to Collier County Building Code; transport and disposal of construction debris Transitional Cottage — Ja i Cottage All costs associated to remove /replace /install new roof; $ 70,500 energy efficient/hurricane impact glass windows; install generators industrial grade, automatic, on platform and according to Collier County Building Code; transport and disposal of construction debris Subtotal Both Cottages $ 141,000 Security Lighting Ligbting and Fencing All costs associated to install galvanized eight (8) foot $ 80,000 fencing around the perimeter of the facility. Install two (2) electric access gates and all electrical work associated with installation; install directional flood lights, light poles and other electrical apparatus needed for securing lighting; landscaping Subtotal $ 80,000 Grand Total — AlI Construction $ 956,000 The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. Youth Haven, Inc. 2012 CD3G (CD 12 -03) Safe and Secure Home for Collier Youth Page 3 of 30 Packet Page -2091- 11/13/2012 Item 16.D.3. The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Construction activities for Basic Center Submission of monthly invoices on AIA Shelter G702 -1992 form (attached as Exhibit "G ") or equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up. Final 10% ($73,00) released upon Certificate of Completion, final waiver of lien from general contractor and documentation of 369 children served. Construction activities for Jeanette Cottage Submission of monthly invoices on AIA G702 -1992 form (attached as Exhibit "G ") or equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up. Final 10% ($7,050) released upon Certificate of Completion, final waiver of lien from general contractor and documentation of 144 children served. Construction activities for Jay Cottage Submission of monthly invoices on AIA G702 -1992 form (attached as Exhibit "G ") or equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up. Final 10% ($7,050) released upon Certificate of Completion, final waiver of lien from general contractor and documentation of 144 children served. Construction activities for security lighting, Submission of monthly invoices on AIA fencing and landscape G702 -1992 form (attached as Exhibit "G ") or equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up. Final 10% ($8,000) released upon Certificate of Completion and final waiver of lien from general contractor. 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. Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 4 of 30 Packet Page -2092- COLLIER COUNTY SUBRECIPIENT 11/13/2012 Item 16.D.3. ATTENTION: Sandra Marerro, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 ATTENTION: Rosanne Youth Haven, Inc. 5867 Whitaker Road Naples, FL 34112 Winter, Executive Director 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 fiends pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 5 of 30 Packet Page -2093- 11/13/2012 Item 16.D.3. 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 grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnifi cation obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. F. GRANTEE RECOGNITION /SPONSORSHIPS Youth haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Horne for Collier Youth Page 6 of 30 Packet Page -2094- 11/13/2012 Item 16.D.3. The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with an), of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 7 of 30 Packet Page -2095- 11/13/2012 Item 16.D.3. a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be Youth Haven, Inc. 2012 CD13G (CD 12 -03) Safe and Secure Home for Collier Youth Page 8 of 30 Packet Page -2096- 11/13/2012 item 16.D.3. kept as outlined in 24 CFR 85.42. 4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15`h day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities and expenditures and including, but not Iimited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and /or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 9 of 30 Packet Page -2097- 11/13/2012 Item 16.D.3. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range ($) Quotes Under $3K No Quote Required Above $3K to $1 OK 3 Written Quotes Above $1 OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 10 of 30 Packet Page -2098- 11/13/2012 Item 16.D.3. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of << 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking, Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 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 Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 11 of 30 Packet Page -2099- 11/13/2012 Item 16.D.3. be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. (This page intentionally left blank) 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. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 13th day of November, 2012. Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Flo ne for Collier Youth Page 12 of 30 Packet Page -2100- ATTEST: DWIGHT E. BROCIC, CLERIC Dated: (SEAL) I 11/13/2012 Item 16.D.3. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN YOUTH HAVEN, INC. BY: Rosanne Winter, Ph.D. Rosanne Winter, Ph.D., Executive Director Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney Mouth Haven, Inc. 20I2 CDBG (CD 12 -03) Safe and Secure Ilome for Collier Youth Page 13 of 30 Packet Page -2101- 11/13/2012 Item 16.D.3. EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tarniami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: I . Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 - 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) 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). Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 14 of 30 Packet Page -2102- 11/13/2012 Item 16.D.3. 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. Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 15 of 30 Packet Page -2103- 11/13/2012 Item 16.D.3. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Youth Haven, Inc. Sub recipient Address: 5867 Whitaker Road, Naples, FL 34112 Project Name: Safe and Secure Home for Collier Youth Project No: CD 12 -03 Payment Request 4 Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account $ $956,000 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) Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 16 of 30 Packet Page -2104- 11/13/2012 Item 16.D.3. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. YOUTH HAVEN, INC. Witness: BY: BY: ITS: Executive Director 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.: Youth Haven, Inc. AW 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 17 of 30 Packet Page -2105- EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report Agency Name: Project Title: Program Contact: Telephone Number; {23.x} 213 -7.101 *REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 11/13/2012 Item 16.D.3. Date 11!13!2012 ? Alternate Contact: .'___. ...........:.!: ;: Please take note: The CDBGlHOMEIESG Program year begins October 1, 2012 - September 30, 2013. Each quarterly report needs to include cumulative data beginning from the start of the program year November 13, 2012. Please list the outcome goals) from your approved application 8 sub- recipient agreement and indicate your progress in meeting those 9. goals since :November 13, 2012. Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 18 of 30 Packet Page -2106- 12/31/12 03/31/13 06/30713 09!30!13 Please take note: The CDBGlHOMEIESG Program year begins October 1, 2012 - September 30, 2013. Each quarterly report needs to include cumulative data beginning from the start of the program year November 13, 2012. Please list the outcome goals) from your approved application 8 sub- recipient agreement and indicate your progress in meeting those 9. goals since :November 13, 2012. Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 18 of 30 Packet Page -2106- Yes If no. exolain: No ` . ... _.;.._ ..s 3. Since October 1, 2012, of the persons assisted, how many.... a. ...now have new access (continuing) to this service or benefit? 0 '! b. ... now has improved access to this service or benefit? 0 C. ... now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What funding sources are applied for this rind I pro6rain ear? Section 108 Loan Guarantee - HOPWA Other Consolidated Plan Funds CDBG Other Federal Funds ESG State I Local Funds - HOME Total $ Entitlement $ Total Other Funds Funds - Youth Maven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 19 of' 0 Packet Page -2107- 11/13/2012 Item 16.D.3. EXHIBIT "D" a. Total number of adult females served: D %: Total number of females served under 18: b. Total number of adult males served: 0 iTotal number of males served under 18: 0 ': TOTAL: 0 TOTAL: 0 C. Total No, of families served: i) ;; Total No. of female head of household: Al Cormlefe EITHER question N7 OR Ns. Complete queslion #7 if your program only serves clients in one or more of the fisted HUD Presumed Benefit categories. Complete question g i( any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PRESUMED t3ENEFICIARY DATA-• " 8, DTHER.BENEFICIARYUATA:INCOME RANGE Indicate the total number of UNn 1P.� t ti GATED Indicate the total number of UNnnar 1CATED 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: 0 Abused Children 0 = Extremely low Income (0-30%) p Homeless Person 0 liLow Income (3t -50°A) D - Battered Spouses D ' Woderate income (51.80%) D% Persons wl HN /AIDS 0 ' Above Moderate Income ( >801/6) 0 'I Elderly Persons -0 Veterans Chronically/ Mentally ill 0 jPhysicaAy Disabled Adults ..: ..:: fl:...:..:': Qlher -Youth TOTAL: 0 TOTAL: 0 1 9. Racist 8 Ethnic Data: " (Ifappficable) 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 of whom, how many are Hispanic? Fuien 0 Q �; of whom, how many are Hispanic? American Indian/Alaske, Native of whom, how many are His panic? Native HawaharilOther Pacific Istander 0 D : of whom, how many are Hispanic? American Indiarilkeskan Native & White 0 Q '_; of whom, how marry are Hisparic? Black/African American & White of wham, how many are Hispanic? Am. Indian/Alaske Native 8 Black/African Am. 0 0 :i; of whom, how many are Hispanic? Other Multi- racial A 0 `; of whom, how many are Hispanic? Other ' D 0 =.; of wham, how marry are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Title: Signature: Your typed narrie ere represents your a ec omit signature EXHIBIT "E" Youth Haven, lne. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 20 of 30 Packet Page -2108- 11/13/2012 Item 16.D.3. 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 the y. 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 carnpliance with the audit requirements, sign d date this form. Sub recipient Name Youth Haven, Inc. Fiscal Year Period July 2011 Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance, Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as X indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above ❑ Are a for- profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter, pi rnnuin s were noreu, pease enclose a copy or the responses ana corrective action Ian. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 21 of 30 Packet Page -2109- 11/13/2012 Item 16.D.3. EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub- recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project Youth Haven, Inc, 2012 CDBG, (CD 12 -03) Safe and Secure Home for Collier Youth Page 22 of 30 Packet Page -2110- 11/13/2012 Item 16.D.3. 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 1 1375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 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 135.1 l(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 lays, 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. Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 23 of 30 Packet Page -2111- 11/13/2012 Item 16.D.3. 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 19. 24 CPR 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. 122, 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; • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; • Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and Subpart D — After - the -Award Requirements — except for 84.71, Closeout Procedures 20, 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 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 Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 24 of 30 Packet Page -2112- 11/13/2012 Item 16.D.3. Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5' :)11. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20`h Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBREECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K.), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. Youth Haven, Inc. Aft 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 25 of 30 Packet Page -2113- 11/13/2012 Item 16.D.3. 29. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government ) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non - Profit Organizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 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. Youth Haven, Inc. '012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 26 of 30 Packet Page -2114- 11/13/2012 Item 16.D.3. If an}, funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit,*"**, Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021, Records Retention. EXHIBIT "G" AIA G702 -1992 Form Youth Haven. Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 27 of 30 Packet Page - 2115 - 11/13/2012 Item 16.D.3. A—FRAIADocument G702"- 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose anti Related Documents AIA Document G702, Application and Certificate for Payment, is to be used in conjunction with AlA Docurnent 0;703, Continuation Sheet. These d wurncnis are designed to be used on a Project where a Contractor has a direct Agreement with the (')tuner. Proccdurea for their use tare covered fit AI.A DOCLIment A201, General Conditions of the Contract for Construction. [)se of Current f)caeuments Prior to tllirig uny AIA Contract. L)oc't1171e1t, user+ shoulel consult www.aia.org or a local AIA component to verify the most recent edilion. Reproductions This document is it copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA.'i'herc is no implied Permission to reproduce this document, nor does ntentbership in The American institute of Architects confer any further ril hts to reProCluee this clocuntent. Tile AiA hereby grants the purchase- a lirt bed licensc it.) reproduce it maxintttnt often copies iof a completed (3702, but only for use in connection with it particular project. The AiA will not permit reproduction outside of the limited license for reproduction gran(ed above, except Upon written requcsi and receipt of written permission from the At A. Rights (o reproduce the docuttlenl nuty vtu'y for users of AIA software. 1- ic•.ensed AIA Software users should consult the End User License Agreement (EULA). To report copyright violations ofATA Contract Docunnents, e-mail The American institute of Architects' lc,_Ial counsel, copyright Cd,aia.tn-g. COMPLETING THE G702 FORM After (lie Contractor has completed AIA L)tcuntcnt C3703, Continuation Sheet, sunultary information should he lrantferred to AIA Ducuntrnt C3702, r \pplicutian and Ccrtilicutc for Payment. The C'ontractlu should sign 0702, have. it notari'rod, and Submit it, together with G703. to the Architect. Thc. Architect should review G702 and 0703 and, if they are acceptable, complete the. Architect's Cerlificate for Payment on 6702. The Architect may certify a different amount than 111A applied for, ptusuanf to Suctions 9.5 and 9.6 of A201.'I'he Architect should then initial alt fil;ures on 0702 and G703 that have been changed to conform to the amount certified and attach an explanation. The completed 0702 and 0703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment clirectly to the Coll tractof- bused on the amount certified by the Architect on AIA Docurnent 0,702; Application and Certificate. for Payntc•nt. The completed form contains the name and address of the Contractor. Payment should not be made to any other patty unless specifically indicated on G702. EXECUTION OF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) and file authcirity wider which they are executing the tlocuntertt. Where appropriate, a copy of the resolution authorizing the individual to act un behalf of the firm or entity should he attached. AIA Document G702T. - •1992. Copyright * 1953, 1963, 1965, 1971, 1978, 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA`Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AWc 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 t 10) copies of Inc dormnn.nl when completed. To report copyright violations of AIA Contract Documents. e-malf The American Inslituto of Archilects' legal counsel, cupyrighlkpara.org, Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Home for Collier Youth Page 28 of 30 Packet Page -2116- 11/13/2012 Item 16.D.3. 1-, Document G702" _ 1992 Jigti;e Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution to: PERIOD TO: OAfNER ❑ FROM CONTRACTOR: VIA ARCHITECT: CONTRACT FOR: CONTRACT DATE: PROJECT NOS: ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ CONTRACTOR'S APPLICATION FOR PAYMENT Tile undersigned Contractor certifies that to the hest of the Ctintiaclor's knowledge, infornialion Application is trade for paylneN, m Ah06'll helot;% Ill Connection will] flu 0111traCL alul Iviief the Work cm-ered by Ihls Application for Paynilew has been completed In aCtn.11'danc'e with the. Contract Dacto ienls, that all amounts have been paid by the C:ontrlctor for Work for Contiuu;uion Sheet, :11:1 Uorunuut G1il ;, is attached. which previms Certificates for Payment were issued and paynunts nxr ived fmni the Owner, and 1. ORIGINAL CONTRACT SUM ......................... ............................... $ that current payflient shown herein is now due. 2. Net change by Change Orders ................................................. $ CONTRACTOR: 3. CONTRACT SUM TO DATE (t.hne i ±2) ........... ............................... $ Ui': Date: 4, TOTAL COMPLETED & STORED TO DATE (Column G on G1103) ............. S - State of.. - 5. RETAINAGE: County or: a, _,I of Completed Will 1, Subscribed and sworn to before Woh]rltn D + E on 6703) nhe thus day of b. ;i ol'slorrd \•lawli:a ;Column hull G703) C ;Votary Puhlic: My Cununission expires: fatal Rctainata (l,incs 5;; 4 51) ur'I'oial ill C'olanllh i of G/Wi...... R 6. TOTAL EARNED LESS RETAINAGE ..... ............................... 1 (Line 4 Less Line 51'olal) 7, LESS PREVIOUS CERTIFICATES FOR PAYMENT ...................... T 0.ino 6 from prior Cmii icate) 9. CURRENT PAYMENT DUE .............. ............................... 9. BALANCE TO FINISH, INCLUDING RETAINAGE — (I ;lie 3 less f.iae ti} S FCHANGE01tl)LiR,I'i ?t11fl4ARY ' ADDITibth'S DEDUCTIONS Total cimuLes approved in previous months by Owner 5 S [real aj)lnoVcd this MOntil S 5 10TAI.,S S S NEF( IIANGBSb ) 'C'han1: ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Docitnientz, based on on -site ohsewaliom and file daub comprising this application. tau. Architect certifies io the Owner that to the lies; of the. Architect's knowledge, information and belief the 14rorit has progressed as indicaletl, file duality ul the Work is -in ;accordance with the Contract Ductntuuts, ;Ind the Contractor is entiilecl to payment of the ANIOIW CERTIFIED. AMOUNT CERTIFIED ............................................... ............................... S fAllrrrlt r.fplauathul i% onraron rerrijicrl iliyi rxJionl rhr,aalowif flpphi(l. Irlifial all.(igrnexall fill.I Aplrhrarion and on the Confirwation Shed ]fiat arr rhanrrd fu con(anu with flit, anumnl cofried.) ARCHITECT: By: ])life: Ibis C'eilificate is Illn neeoliable. The AMOUNT CGRIIPIED is payable. only Ill the Conhactor Ironed lwrein, Minince, paynlent and acceptance of Ixnnnent are, witunrt prcjuJice Ili any rights of the Owner or Cont actor wider this Contract AIA Document G702lu -1992. Copyright (J 1053, 1963. 1985, 1971, 1978 1983 and 1991 by Thu Amebcan h:stilulo of Architects. Ail rights reserved. WARNING; fl his AfA' Document is plolp.00 by U.S. Copyright Law amt In ,diounl '1 cal s, Ilrcadl lot imil repanipct4m m dlil,ir,ufion of has A[ A' tirvminrtnt, ,x any pok ion o, it way rfsulI in ;, varrt civet and C rninai 11i11 RN e;, Ind Will L:c pra.x.CLANII to the ri;xiiilum e;L rot po,.siLh- und:-r Ihr, I:. w. Purchaser are Pori rlied to reproduce ten i 10? copies of ib s doci nenl erllen corngif, I( . I refaort copyright viofelions of AIA Conlraci Documents, e maR T he American Institute of Architects' legal counsel: oopyriyh!(iiaia org. Youth Haven, Inc. 2012 CD13G (CD 12 -03) Safe and Secure Home for Collier Youth Page 29 of 30 Packet Page -2117- 11/13/2012 Item 16.D.3. CONTINUATION SHEET IA DOCUMENT G 70 (Instructions (, reverse side) RGE OF YIi, S ALA Document G ?ti?, APPLICATION AND CERTIFICATE FOR P.kYMEIT. APPLICATION; NO.: containing Cont:actnr's signets Certincation, is attached. APPLICATION ATE: In tabulations bclon•, amounts arc stated to the nearest dollar. PERIOD TO: t:se Column I on Contracts where tariable retainage for line items ma}' ap pli.. A.RCHITKI'S PROJECT �0.: A 1 C ( D E F G ( H I I I iTE13 . DE:CiYT10� OF WORK i I SCHEDULED :�! L'E I WORK COMPLETED SIATENIALS PREiE \TLS' c D TCRE :, t. f \OT lti ; D OR E) TOTAL Ct)1!PLETED l AND STORED f0 DATE (DTEaF) �,. it, = C, BAL.4t;CF. TO itXi H IC - Gl RPTAI \AGE �, i,. sir" laR,. A_�t arc � "`I FR0�1 Prr ".Ei'i0l'S SPPLiCnfin \' (D Ei THIS PERIOD 1 I � i I j l I iI � ff I I . i i 1 1 ' I AlA DOCUMENT G703 ' CON- PNUATF :N SHEET F'31: G%02 + T« EDITION * .4.i=' I at92 - T:iE AMERICO L\71 ITUTE 'DF ARCHI.T:CTS, i i S-N, TMR T INGTO;�, D.C. _' KK • ?S2 • WARNING: Mimed photocopying violates U.S. copyright laws and A sub ect the violator to legal prosecution, G703-1992 �IN1\ 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, Youth Haven, Inc. 2012 CDBG (CD 12 -03) Safe and Secure Horne for Collier Youth Page 30 of 30 Packet Page -2118- 11/13/2012 Item 16.D.3. I Grant # - B- 12 -UC -12 -0016 I CFDA/CSFA# - 14.218 Subrecipient — The Shelter for Abused Women and Children DUNS # - 836680769 FETI # - 59- 2752895 AGREEMENT BFTWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN LEGAL SERVICES PROGRAM EXPANSION THIS AGREEMENT is made and entered into this 13th day of November, 2012, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "The Shelter for Abused Women & Children ", a private not- for - profit corporation existing under the laws of the State of Florida, having its principal office at P.O. Box 10102, Naples, FL 34101. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood /conununity improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FY12 -13 for the CDBG Program for July 24, 2012, Agenda Item #11.E.; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of the One -Year Action Plan, the County held public meetings, receiving citizens' comment and advertised a 30 -day citizen comment period from May 22, 2012 through June 21, 2012 ; and The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 1 of 26 Packet Page -2119- 11/13/2012 Item 16.D.3. WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012 -137 approving the One -Year Action Plan for Federal Funds for FY12 -13 providing CDBG funds in the amount of $144,500 to THE SHELTER FOR ABUSED WOMEN & CHILDREN for the LEGAL SERVICES PROGRAM EXPANSION located at P.O. Box 10102, Naples, FL 34101; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: The FY2012 -2013 Action Plan identified and approved expansion of the Legal Services Program to continue assisting low -no income emergency shelter and outreach participants in Immokalee and Naples. These services will provide orders of protection, divorce or separation and spousal or child support. The Shelter for Abused Women & Children is partnering with Legal Aid, the State's Attorney's Office, and Court Administration to provide more readily accessible legal services to victims of domestic violence in Collier County. The program is designed to both assist victims by providing direct legal services, as well as increase justice and safety for victims and the community by monitoring the perpetrators' compliance with all court orders. 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 13th day of November, 2012 and end on the 13th day of November 13, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED FORTY -FOUR THOUSAND FIVE HUNDRED DOLLARS ($144,500) for the use by the SUBRECIPIENT during the Tetra 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 Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 2 of 26 Packet Page -2120- 11/13/2012 Item 16.D.3. The budget identified for the legal services expansion shall be as follows: Line Item Description Payment Schedule CDBG — Attorney, Legal Funds Full Time Attorney from Legal Aid Office (contract) Upon monthly invoicing and allowable Legal Services Supervisor and Contract Salary $ 55,000 Taxes $ 4,208 Full Time Legal Advocate /Compliance Officer (100 %) Shelter employee Salary $ 33,333 Benefits $ 4,000 Taxes $ 2,550 Legal Services Supervisor (75 %) Shelter employee Salary $ 33,750 Benefits $ 5,415 Taxes $ 2,580 Director of Programs (5 %) Shelter employee Salary $ 3,664 TOTAL $144,500 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 monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Florida Statutes., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. The following table details the project deliverables and payment schedule: Deliverable Payment Schedule Employment of legal services staff — Attorney, Legal Advocate /Compliance Officer, Upon monthly invoicing and allowable Legal Services Supervisor and expenses Director of Programs Minimum of 1,250 tow income Final 10% ($14,450) released upon participants will be served documentation of 1,250 participants served The Shelter for Abused women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 3 of 26 Packet Page -2121- 11/13/2012 Item 16.D.3. 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 electroiuc means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Sandra Marerro, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 SUBRECIPIENT ATTENTION: Nicole Muley, Development & Grants Officer The Shelter for Abused Women & Children P.O. Box 10102 Naples, FL 34101 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look -to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable The Shcher for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 4 of 26 Packet Page -2122- 11/13/2012 Item 16.D.3. Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indeirmihed 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 The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 5 of 26 Packet Page -2123- 11/13/2012 Item 16.D.3. arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the Iimits set forth in Section 768.28, Florida Statutes. F. GRANTEE RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement: °FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which 'include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The Shelter for Abused Women and Children. 2012 CDBCj (CD 12 -05) Legal Services Program Expansion Page 6 of 26 Packet Page -2124- 11/13/2012 Item 16.D.3. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING All records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, books, records and other data 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 The Shelter for Abused Womcn and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 7 of 26 Packet Page -2125- 11/13/2012 Item 16.D.3. shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 3. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR-85.42,.. 4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15`" 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 The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 8 of 26 Packet Page -2126- 11/13/2012 Item 16.D.3. termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range $ Quotes Under $3K No Quote Required Above $3K to $10K 3 Written Quotes Above $1 OK to $5OK 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid QFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 9 of 26 Packet Page -2127- 11/13/2012 Item 16.D.3. 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: malting final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECCPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (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 "A" of this Agreement. The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 10 of 26 Packet Page -2128- 11/13/2012 Item 16.D.3. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966, The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page I 1 of 26 Packet Page -2129= 11/13/2012 Item 16.D.3. 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. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an. authorized person or agent, hereunder set their hands and seals on this 13th day of November, 2012, ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Dated: (SEAL) By- FRED W. COYLE, CHAIRMAN THE SHELTER FOR ABUSED WOMEN & CHILDREN LINDA OBERHAUS Linda Oberhaus, Executive Director Approved as to form and legal sufficiency: Jennifer B. White`` Assistant County Attorney The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 12 of 26 Packet Page -2130- 11/13/2012 Item 16.D.3. EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEENT 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). The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 13 of 26 Packet Page -2131- 11/13/2012 Item 16.D.3. 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 Iess 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. The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 14 of 26 Packet Page -2132- 11/13/2012 Item 16.D.3. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: The Shelter for Abused Women & Children Sub recipient Address: P.O. Box 10102, Naples, FL 34101 Project Name: Legal Services Program Expansion Project No: CD 12 -05 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1, Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant. Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ $144,500 $ $ 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 Dept Director The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 15 of 26 (approval authority under $14,999) (approval required $15,000 and above) Packet Page -2133- 11/13/2012 Item 16.D.3. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part I — Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. Witness: BY: Print name and title STATE OF COUNTY OF The Shelter for Abused Women & Children BY: ITS: Executive Director DATE: The foregoing instrument was acknowledged before me this day of , 20_, by as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: The Shelter for Abused Women and Children. ?012 CDBG (CD 12 -05) Legal Sen ices Program Expansion Page 16 of 26 Packet Page - 2134 - Project Title: Alternate Program Contact: INICOWIM uley Contact:iVlar�i Sanders Telephone Number: (2*178 -3862 The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 17 of 26 Packet Page -2135- 11/13/2012 Item 16.D.3. Yes No If no, explain: 3. Since October 1, 2012, of the persons assisted, how many.... a. ...now have new access (continuing) to this service or benefit? q .; b. ... now has improved access to this service or benefit? 0 ;° C. ...now receive a service or benefit that is no longer substandard? 0 TOTAL: 0 4. What funding sources are applied forahis periodl program .. ear ?. Section 108 Loan Guarantee HOPWA Other Consolidated Plan Funds CDBG wo Other Federal Funds ESG State / Local Funds _ HOME Total $ Entitlement $ Total Other Funds - Funds The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 18 of 26 Packet Page -2136- 11/13/2012 Item 16.D.3. EXHIBIT "D" r Benefit categories. Complete question #8 if any client in your program does not fall into a Presumed Benefit category. ., 7. JPRESUMEDBENEFICIARY DATA S: . OTHER.BENEFiC1ARY'DATA: NCOME 'RANGE 6. What is the total number of UNDUPLICATED clients served this uarter, if a ilcabie? - a. Total No. of adult females served: D .. Total No. of females served under 18: b. Total No. of adult males served: 0 =[ 'Total No. of males served under 18: 502. 0 Homeless Person TOTAL: 0 TOTAL: 0 C. Total No, of families served: D : Total No. of female head of household: 0 6. What is the total number of UNDUP.LICIATED clients served:oince October, If a iicable? 0 Chronically/ Mentally ill a. Total number of adult females served D ;; Total number of females served under 18: 0 b. Total number of adult males served: ..._,,., D..;,,.,,..,;'Total number of males served under 18: S. Racial & Ethnic 'Data. `- (if.a p {icable) TOTAL: 0 TOTAL: 0 C. Total No. of families served: Q, Total No, of female head of household: ETHNICITY Complete EITHER question #7 OR #e. Complete question #7 if your program oniv 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. JPRESUMEDBENEFICIARY DATA S: . OTHER.BENEFiC1ARY'DATA: NCOME 'RANGE Indicate the total number of UNDUPLICATED Indicate the total number of persons persons served since October 1 who fall Into served since October 7 who fall into each income who Into each 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: D Abused Children 0 .. Extremely low Income (0-30%) 0 Homeless Person D - Low Income (31 -50 %) 0 Battered Spouses 0 Moderate Income (51 -80 %) 0 Persons w/ HIV /AIDS ;:. 0 ,':Above Moderate Income ( >80 %) 0 Elderly Persons 0 4i Veterans.4. 0 Chronically/ Mentally ill D .....: Physically Disabled Adults 0 Other -Youth TOTAL: 0 TOTAL: 0 S. Racial & Ethnic 'Data. `- (if.a p {icable) 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 O 0 ; of whom, how many are Hispanic? Asian 0 ... 0 ; of whom, how many are Hispanic? American Indian /Alaska Native D ;' 0 ';; of whom, how many are Hispanic? Native Hawaiian /Other Pacific Islander 0.; - 0 `; of whom, how many are Hispanic? American Indian /Alaskan Native & White 0 0 ".; of whom, how many are Hispanic? _ Black/African American & White P, : ' D `; of whom, how many are Hispanic? Am. Indian /Alaska Native & Black/African Am t} ` D '; of whom, how many are Hispanic? Other Multi- racial 0 D ,' : of whom, how many are Hispanic? Other 0 :! 0 ; of whom, how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Title: The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 19 of 26 Signature: Your typed name here represents your electronic signature Packet Page -2137- 11/13/2012 Item 16.D.3. 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 The Shelter for Abused Women & Fiscal Year July 2011 Name Children 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 X 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above ❑ Are a for- profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. IT TMUM S Weft: 11VLVU, IGSiAG Gfllllu*0 a %,VFY vi Inc Ica vua�a c.u.. vv••.....•... »...•. •• • »••• Certification Statement I hereby certify that the above information is true and accurate. [Signature 1 Date Print Name and Title The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 20 of 26 Packet Page -2138- 11/13/2012 Item 16.D.3. 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 VIl 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 e, of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub - recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 21 of 26 Packet Page -2139- 11/13/2012 Item 16.D.3. 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. 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable. The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 22 of 26 Packet Page -2140- 11/13/2012 Item 16.D.3. 18, Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: • Subpart A — General; • Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; • Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; • Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D — After -the -Award Requirements —except for 84.71, Closeout Procedures 20.24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal services Program Expansion Page 23 of 26 Packet Page -2141- 11/13/2012 Item 16.D.3. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20�' Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. The Shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 24 of 26 Packet Page -2142- 11/13/2012 Item 16.D.3. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 29. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local uovernments, and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non - Profit Organizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of The shelter for Abused Women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 25 of 26 Packet Page -2143- 11/13/2012 Item 16.D.3. Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or, attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021 Records Retention The Shelter for Abused women and Children. 2012 CDBG (CD 12 -05) Legal Services Program Expansion Page 26 of 26 Packet Page -2144- 11/13/2012 Item 16.D.3. Grant # - B- 12 -UC -12 -0016 CFDA/CSFA# - 14.218 Subreci ient — City of Naples DUNS # - 084130293 FETI # - 59- 60000382 AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES LAND ACQUISITION THIS AGREEMENT is made and entered into this 13th day of November 2012, 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 "City of Naples ", a municipality existing under the laws of the State of Florida, having its principal office at 735 8th Street South, Naples, FL 34102 -1401. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood /community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate - income residents; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FYI 2-13 for the CDBG Program for July 24, 2012, Agenda Item 411.E.; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of the One -Year Action Plan, the County held public meetings, receiving citizens' comment and advertised a 30 -day citizen comment period from May 22, 2012 through June 21, 2012 ; and WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012 -137 approving the One -Year Action Plan for Federal Funds for FY12 -13 providing CDBG funds in the amount of $105,835 to CITY OF NAPLES, a municipality, for land acquisition of a parcel of land located at 1202 5th Avenue North, Naples, FL 34102, Naples, FL 34112; and City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 1 of 26 Packet Page -2145- 11/13/2012 Item 16.D.3. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program outlined as follows: The FY2012 -2013 Action Plan identifies and approves this project as the acquisition of a vacant parcel of property within the City's Community Redevelopment Area (CRA) near the River Park Community Center on 5t" Avenue North at the entrance to the FPL Substation. The project is to acquire an undeveloped and vacant urban parcel of property, Parcel Number 19060560005 according to the Collier County Property Appraiser's records. The parcel is physically located at 1202 5th Avenue North, Naples, FL 34102. Once acquired, the property will be used as open space preservation, overflow parking and landscaping enhancements. The parcel is located within Naples SMSA — Census Tract 7, Block Group 1. The residents within the Block Group are identified as low and moderate income and the area is considered a Low /Moderate Area (LMA). CDBG funds awarded will cover associated costs in connection with the land acquisition. Additional costs above the award amount, if any, will be at the City's expense. 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 13'h day of November, 2012 and end on the 13th day of November, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED FIVE THOUSAND EIGHT HUNDRED THIRTY FIVE DOLLARS ($105,835) for the use by the SUBRECIPIENT for land acquisition during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). The SUBRECIPIENT project budget shall be as follows: City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 2 of 26 Packet Page -2146- 11/13/2012 Item 16.D.3. Line Item Description CDBG Funds Land Acquisition and associated costs $ 105,835 TOTAL S 105,835 All improvements specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Florida Statutes., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Land Acquisition of a Upon invoicing will reimburse parcel allowable expenses supported by documentation including but not limited to HUD Settlement Statement IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Sandra Marerro, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 SUBRECIPIENT ATTENTION: Greg Givens, Grant Coordinator City of Naples 735 8th Street South Naples, FL 34102 -6796 City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 3 of 26 Packet Page -2147- 11/13/2012 Item 16.D.3. V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. 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 City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 4 of 26 Packet Page -2148- 11/13/2012 Item 16.D.3. obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of this agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall A survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. F. GRANTEE RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 5 of 26 Packet Page -2149- 11/13/2012 Item 16.D.3. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 6 of 26 Packet Page -2150- 11/13/2012 Item 16.D.3. VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 3. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42. 4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. City of Naples 20 i2 CDBG (CD 12 -01) Vacant Land Acquisition Page 7 of 26 Packet Page -2151- 11/13/2012 Item 16.D.3. 5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15"' day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D ". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and /or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as detennined 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. City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 8 of 26 Packet Page -2152- 11/13/2012 Item 16.D.3. E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown` below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range $ Quotes Under $3K No Quote Required Above $3K to $1OK 3 Written Quotes Above $1 OK to $5OK 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. H. GRANT CLOSEOUT PROCEDURES - k, SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any 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. City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 9 of 26 Packet Page -2153- 11/13/2012 Item 16.D.3. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking, Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low - and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY'S specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966, The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 10 of 26 Packet Page -2154- 11/13/2012 Item 16.D.3. 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 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition (This page intentionally left blank) Page 11 of 26 Packet Page -2155- 11/13/2012 Item 16.D.3. 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. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 13th day of November, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Dated: (SEAL) ATTEST: PATRICIA L. RAMBOSK, CLERK Dated: (SEAL) City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition CITY OF NAPLES, A MUNICIPALITY Bv: Honorable John Sorey, III John Sorey, III; Mayor Approved as to form and legal sufficiency: �r- Jennifer B. White, Assistant County Attorney Page 12 of 26 Packet Page -2156- 11/13/2012 Item 16.D.3. 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 arnount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 13 of 26 Packet Page -2157- 11/13/2012 Item 16.D.3. 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. City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 14 of 26 Packet Page -2158- 11/13/2012 Item 16.D.3. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Sub recipient Name: CihJ of Naples Sub recipient Address: 735 8t1' Street, Naples, FL 341.03 Project Name: Land Acquisition Project No: CD 12 -01 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ $105,835 $ 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 Dept Director City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition (approval authority under $14,999) (approval required $15,000 and above) Page 15 of 26 Packet Page -2159- 11/13/2012 Item 16.D.3. 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 (montl-dy/final) Request for Payment. Witness: Print name and title STATE OF COUNTY OF CITY OF NAPLES I ITS: Executive Director DATE: The foregoing instrument was acknowledged before me this day of , 20 —, by as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: _ (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Notary Public, State of. Commission No.: Page 16 of 26 Packet Page -2160- EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub - recipients: Please fill in the following shaded areas of the report Agency Name: Project Title: Program Contact: Telephone Number: 11/13/2012 Item 16.D.3. Date: Alternate Contact: 1 e 2. Yes 13 City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition No 17 Page 17 of 26 Packet Page -2161- 11/13/2012 Item 16.D.3. If no 3. Since October 1, 2012, of the persons assisted how many.... - -- - Section 108 Loan Guarantee Other Consolidated Plan Funds Other Federal Funds State / Local Funds Total Other Funds Cite of Naples 2012 CDBG (CD 12 -01) Vacant t,and Acquisition S Page 18 of 26 Packet Page -2162- HOPWA CDBG ESG HOME Total Entitlement $ Funds - UARTE: 5. )What is the total number of UNDUPLtCI A. Total No, of adult females served 0 b. Total No. of adult males served TOTAL: 0 C. Total No of families 8, iti tis the total EXHIBIT "D" No. of females served under 18: No. of males served under 18: TOTAL: 0 household: =�.0 11/13/2012 Item 16.D.3. t Total number of adult females served Y fl Total number of females served under 18. b b. Total number of adult males served :,. Q Total number of males served under 18' TOTAL: 0 TOTAL: 0 C, Total No. of families served = -0 Total No. X iamah head of household: 0 Complete EITHER question N7 OR #a. Complete question N7 lt your program onIv serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question #0 if any chant in your program does not fail into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND S. • 7. PRESUMED BENEFICIARY DATA 8. OTHER'. BENEFICIARY DATA.INCOME RANGE "r Indicate the total number of UNDUPi ICAT n Indicate the total number of rrND rp_ L f1Fn persons persons served since October 1 who fell 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 #8) : Report as: Report as: Q :Abused CNdren U =Extremely low Intone (0 -301/6) 0 Homeless Person fl ':Low Income (31 -50°h) 0 :Battered Spouses Q .Moderate Income (51 -501%) D `Persons wt I-9V/AIDS ' t1 ;Above Moderate Income ( >8D%) EI ary Persons i! 0tVeterans -.Q ....,F, Ctuonicely/ Mentaly ip Physically Disabled Adults 0..: 01her -Youth TOTAL: 0 TOTAL: 0 9. RaeialBEfhnieData:: ?:(ifa plicatide)- ' Please indicate how many U- Nit UIPLICATED clients served since October fall into each race category. In addition to each race category, please indicate how marry persons in each race category consider themselves Hispanic (Total Race column should equal the total cell). RACE ETHNICITY of whom, how many are Hispanic? 81--k/African of whom, how many we Hispanic? Asian Q_ ..- '�' Q ; of whom, how many are Hispanic? American IndiarVAlaske Native " Q z� <; of whom, haw many are Hispanic? Native HawaharVOther Pacific Islander; r p `; fl a; of whom, how many are Hispanic? American Indian/Alaskan Native & WMfe � d `: 0 - ; of whom, how many are Hispanic? BlacktAfrican American & While `Q -: 0 z; of whom, how marry are Hispanic? Am, Indian/Alaska Native & Black/African Am ' ° 1) 0 ; of whom, how many are Hispanic? Other Mull�racral _ -�,D -;of whom, how many are Hispanic? Other 'j, A, 0 �(; of whom, how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Title: City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Signature: Your typed name here represents your a ronr- signature Page 19 of 26 Packet Page -2163- 11/13/2012 Item 16.D.3. EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as X indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above ❑ Are a for - profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. if findings were noted, please enclose a copy of the responses and corrective action an. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 20 of 26 Packet Page -2164- 11/13/2012 Item 16.D.3. 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 lore- income residents of the project area, and that contracts for work in connection with the project City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 21 of 26 Packet Page -2165- 11/13/2012 Item 16.D.3. be awarded to business concerns that provide economic opportunities for low- and very low - income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low - income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low - income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low - income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low - income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 13 5,11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable. City of Naples 20I2 CDBG (CD 12 -01) Vacant Land Acquisition Page 22 of 26 Packet Page -2166- 11/13/2012 Item 16.D.3. 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: A. Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; • Section 84.34(8), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • Section 84.51(b), (c), (d), (e), (i) and (h), Monitoring and Reporting Program Performance; aSection 84 52, Financial Re o i g; • Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; • Section 84.6I, 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 City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 23 of 26 Packet Page -2167- 11/13/2012 Item 16.D.3. Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20t1i Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. 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. City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 24 of 26 Packet Page -2168- 11/13/2012 Item 16.D.3. 29. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non - Profit Organizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 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. City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 25 of 26 Packet Page -2169- 11/13/2012 Item 16.D.3. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, `Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 39, Florida Statutes, 119.021 Records Retention City of Naples 2012 CDBG (CD 12 -01) Vacant Land Acquisition Page 26 of 26 Packet Page -2170- 11/13/2012 Item 16.D.3. Grant # - B- 12 -UC -12 -0016 CFDA /CSFA# - 14.218 Subreci ient — David Lawrence Center DUNS # - 096580782 FETI # - 59- 2206025 AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE CENTER ACCESS 2 WELLNESS THIS AGREEMENT is made and entered into this 13th day of November, 2012, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee" having its principal address as 3339 E, Tamiami Trail, Naples FL 34112, and the "David Lawrence Mental Health Center, Inc., d /b /a David Lawrence Center ", a private not - far -profit corporation existing under the laws of the State of Florida, having its principal office at 6075 Bathey Lane, Naples, FL 34116 WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) grant program Community Development Block Grant Program funds and the COUNTY expects to continue to receive entitlement funds from these grant programs to operate the COUNTY's housing and community development activities; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood /community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate- income residents; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 12 -13 for the CDBG Program for July 24, 2012 Agenda Item #11.E; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of the One -Year Action Plan, the County held public meetings, receiving citizens' comments and advertised a 30 -day citizen comment period from May 22, 2012 through June 21, 2012 ; and WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012 -137 approving the One -Year Action Plan for Federal Funds for FY 12 -13 providing CDBG funds in the amount of $180,000 to David Lawrence Center to provide health and mental services to be located at 6025 Bathey Lane; and David Lawrence Center 2012 CDBG (CD 12-02) Access 2 wellness Page I of 29 Packet Page -2171- 11/13/2012 Item 16.D.3. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program outlined as follows: Access 2 Wellness Project The FY2012 -2013 Action Plan identifies and approves an Access 2 Wellness project that provides access to intensive, residential care for adults with significant substance abuse problems. The project enhances traditional residential care by adding access to on -site wellness services and facilities. The program will support hiring a Clinician and Licensed Practical Nurse to provide intensive, residential care for adults. The Program will expand the level of professional services to support an expansion of the bed capacity to thirty (30) low and moderate income individuals during the funding year. Outdoor Recreation Center In addition, the David Lawrence Center (DLC) will construct an Outdoor Recreation Center for patients to help facilitate optimal wellness in addition to the clinical rehabilitation. One hundred ninety -eight (198) participants will be served once the recreation center is complete. The detailed project scope will be contained in the schedule of values awarded in the project's construction contract. The project construction contract will include details sufficient to document the number, amount and costs associated with all activities. 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 13th day of November, 2012 and end on the 13th day of November, 2013. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). The SUBRECIPIENT project budget shall be as follows: David Lawrence Center 2012 CDBG (CD 12-02) Access 2 Wellness Page 2 of 29 Packet Page -2172- 11/13/2012 Item 16.D.3. Line Item Description CDBG Funds Salaries (No benefit or taxes): Licensed Clinician Licensed Practical Nurse $ 40,000 $ 37,500 Construction — Outdoor recreation center for court games $100,000 Exercise Supplies or Equipment $ 2,500 TOTAL $180,000 All improvements 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 monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Florida Statutes., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Upon monthly invoicing of allowable expenses. Final 10% ($7,750) released Employment of Licensed Clinician and upon documentation of 30 participants in Licensed Practical Nurse the treatment program and 198 participants in the Access 2 Wellness Program Submission of monthly invoices on AIA G702 -1992 form (attached as Exhibit "H ") or equivalent document per contractor's Recreation Center Construction Schedule of Values. Supporting documents must be provided as back up. Final 10% ($10,000) released upon Certificate of Completion and final waiver of lien from general contractor. Purchase of Exercise Supplies or Upon invoices of allowable expenses after Equipment I purchase David Lawrence Center 2012 CDBG (CD 12-02) Access 2 Wellness Page 3 of 29 Packet Page -2173- 11/13/2012 Item 16.D.3. 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 SUBRECIPIENT ATTENTION; Scott Geltemeyer, Chief Financial Officer David Lawrence Center 6025 Bathey Lane Naples, FL 34116 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from CDBG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable David Lawrence Center 2012 CDBG (CD 12-02) Access 2 Wellness Page 4 of 29 Packet Page -2174- 11/13/2012 Item 16.D.3. Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to the end date of this agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident David Lawrence Center ` 2012 CDBG (CD12 -02) Access 2 Wellness Page 5 of 29 Packet Page -2175- 11/13/2012 Item 16.D.3. arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, F. GRANTEE RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. G. TERMINATION In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. David Lawrence Center 2012 CDBG (CD 12 -02) Access 2 Wellness Page 6 of 29 Packet Page -2176- 11/13/2012 Item 16.D.3. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of $25,000 as outlined in 24 CFR 570.505 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING All records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, books, records and other data 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 David Lawrence Center 2012 CDBG (CD 12 -02) Access 2 Wellness Page 7 of 29 Packet Page -2177- 11/13/2012 Item 16.D.3. 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. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 85.42, 4. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 5. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 6. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries, where applicable. C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15`l' day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in 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 David Lawrence Center 2012 CDBG (CDt2 -02) Access 2 Wellness Page 8 of 29 Packet Page -2178- 11/13/2012 Item 16.D.3. 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 theloW COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. l,., _,,�` 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 compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range Quotes Under $3K No Quote Required Above $3K to $10K 3 Written Quotes Above $I OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) F. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR 570.504(c) in the operation of the Program. David Lawrence Center 2012 CDBG (CD12 -02) Access 2 Wellness Page 9 of 29 Packet Page -2179- 11/13/2012 Item 16.D.3. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. 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 perfonmance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking, Spanish surnamed or Spanish - heritage Americans, Asian- Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period in this Agreement. David Lawrence Center 2012 CDBG (CD 12 -02) Access 2 Wellness Page 10 of 29 Packet Page -2180- 11/13/2012 Item 16.D.3. D. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate - income residents of the project target area. XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. David Lawrence Center 2012 CDBG (CD 12-02) Access 2 Wellness Page I 1 of 29 Packet Page -2181- 11/13/2012 Item 16.D.3. 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. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 13th day of November, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK, CLERK COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Dated: (SEAL) DAVID LAWRENCE MENTAL HEALTH CENTER, INC., d/b /a DAVID LAWRENCE CENTER Rv: David Schimmel David Schimmel CEO Type /print SUBRECIPIENT name and title Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney David Lawrence Center 2012 CDBG (CD 12 -02) Access 2 Wellness page 12 of 29 Packet Page -2182- 11/13/2012 Item 16.D.3. EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificates) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 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 SUBRECIPEENT 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). David Lawrence Center 2012 CDBG (CDI2 -02) Access 2 wellness Page 13 of 29 Packet Page -2183- 11/13/2012 Item 16.D.3. 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. David Lawrence Center 2012 CDBG (CD 12-02) Access 2 Wellness Page 14 of 29 Packet Page -2184- 11/13/2012 Item 16.D.3. EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: David Lawrence Center Sub recipient Address: 6025 Bathey Lane Project Name: Access 2 Wellness Project No: CD 12-05 Payment. Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $180,000 2. Sum of Past Claims Paid on this Account �. 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 $15,000 and above) David Lawrence Center 2012 CDBG (CD12 -02) Access 2 Wellness Page 15 of 29 Packet Page -2185- 11/13/2012 Item 16.D.3. EXHIBIT "C" RELEASE AND AFFIDAVIT FORM CONSTRUCTION ONLY The SUBRECIPIENT certifies for itself and its contractors that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This document is in compliance with Florida Statutes Chapter 713.02 Part 1 — Waiver or Release of Liens. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final) Request for Payment. DAVID LAWRENCE CENTER Witness: Print name and title STATE OF COUNTY OF BY: ITS: CEO DATE: The foregoing instrument was acknowledged before me this day of , 20_, by as of A Choose Not - For - Profit, or Corporation or Municipality on behalf of Choose Not - Far - Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: _ (Signature) (AFFIX OFFICIAL SEAL) David Lawrence Center 2012 CDBG (CD 12-02) Access 2 Wellness Name: _ (Legibly Printed) Notary Public, State of: Commission No.: Page 16 of 29 Packet Page -2186- Project Title: Program Contact: Pamela Baker Telephone Number: (239 };455.1350D 11/13/2012 Item 16.D.3. Date: Alternate Contact: "REPORT FOR QUARTER ENDING: (check one that applies to the ❑ corresponding grant period): 12131112 03/31!13 06130/13 09/30/13 Please take note: The CDBG /HOME /ESG Program year begins October 1, 2012 - September 30, 2013. Each quarterly report needs to include cumulative data beginninq from the start of the proqram year November 13, 2012. 1 Please.list the outcome goal($} from your approved,appllcation & sub- recipient agreement and indicate your progress in meeting those oaks since November 13,'2012. David Lawrence Center 2012 CDBG (CD12 -02) Access 2 Wellness Page 17 of 29 Packet Page -2187- too 3. 11/13/2012 Item 16.D.3. Is this project still in compliance with the original .project schedule? If more than 2 months behind schedule, must submit a new timeline for approval. Yes No If no, explain: Since October 1, 2012, of the persons assisted, how many... ` Total Other Funds David Lawrence Center 2012 CDBG (CD12 -02) Access 2 Wellness $ Page 18 of 29 Packet Page -2188- Total Entitlement $ Funds C. Total No. of families served. 0 :::Tout No. of female head of household: 0 8. What is the total number of UNDUPLICATED clients served since October, If applicable? Indicate the total number of rINDPI ICA TED a. Totai number of adult females served :`. 0 Total nun bar of females served under 18: D b. Total runber of adult males served. 0 ,�; Total number of males served under 18 Report as: TOTAL: 0 TOTAL: 0 C. Total No of families served. .,. 0 ,:Total No. of female head of household: '; ..O Nbderate Income (51.801A) Complete EITHER question s7 OR #8. Complete question #7 it your program oniv, serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question q#§ if any client in your program does not fail into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. 1PRESUMED BENEFICIARYDATA: `:. a. OTHERlBENEFICIARY DATA. INCOME: RANGE Indicate the total number of rINDPI ICA TED persons indicate the total number of Jofall persons served since October 1 who fall into into eac 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: r A :'AtwsedChildren .: 0 ExtremeyiowIncome(0 -30%) 0 ..Homeless Person .'0 Low lncoma(31 -50%) 0 Battered Spouses '; ..O Nbderate Income (51.801A) 0 ' Persons wl HNIAIDS D ;Above Nbderate Income ( >80"/ ) D Eklery Persons D z Veterans b . 'Chronicaliyt Mentally ill 0,;,,;Physically Disabled Adults 10 Other -Youth TOTAL: 0 TOTAL: 0 s, Racial & Ethnic Data: pfapplicable) 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 wham, how many are Hispanic? BlacWAfrican American .= 0 >`: D : ; of whom, haw many are Hispanic? Asian ;.i , 0 D }; of whom, how many are Hispanic? American Ltd aNWaska Native A 0 : ; of whom, how marry are Hispanic? Native Hawai aNOlher Pacific Islander 3. of whom, how many are Hispanic? American IndiaNAlaskan Native & White �. 0 ``' 0 ; of whom, how many are Hispanic? BIacWAfrican American &White 0 - 0-,; of whom, how many are Hispanic? Am. Indian /Alaska Native & BbackfAfrican Ann— -0 "': V.. of wham, how marry are Hispanic? Other tit rectal? .0 - 0 i; of whom, taw many are Hispanic? Other : 0 0 ; of wham, how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name, Signature: Your typed name here represents your electronic Title: signature David Lawrence Centel- 2012 CD13G (CD 12-02) Access 2 Wellness Page 19 of 29 Packet Page -2199- 11/13/2012 Item 16.D.3. 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 David Lawrence Center Fiscal Year Reriod July 2011 Name Total State Financial Assistance Expended during :: ` $ most recently. com leted Fiscal Year. Total Federal Financial Assistance Expended; during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federalfstate expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A -133 audit by . Within X 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above • Are a for - profit organization • Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. it rinam s were notea, iease encwse a C;UIJY vt LIM rna vnsca c119u Li Y1FU%1LI VG QLILiV II Ifil 1. Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title David Lawrence Center 2012 CDBG (CD 12-02) Access 2 Wellness Page 20 of 29 Packet Page -2190- 11/13/2012 Item 16.D.3. 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 David Lawrence Center 2012 CDBG (CD 12 -02) Access 2 Wellness Page 21 of 29 Packet Page -2191- 11/13/2012 Item 16.D.3. 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. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 13 5.11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non- discrimination provisions in Section 109 of the HCDA are still applicable. David Lawrence Center 2012 CDBG (CD12 -02) Access 2 Wellness Page 22 of 29 Packet Page -2192- 11/13/2012 Item 16.D.3. 18. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 19.24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.23, Cost Sharing and Matching; • Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 570.504; • Section 84.25, Revision of Budget and Program Plans; • Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; • Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; • Section 84.51(b), (c), (d), (e), (0 and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual. CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; • Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and Subpart D =- After- the -Award Requirements — except for 84.7 1, Closeout Procedures 20. 24 CFR 8.5 - 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. David Lawrence Center 2012 CDBG (CD 12-02) Access 2 Wellness Page 23 of 29 Packet Page -2193- 11/13/2012 Item 16.D.3. 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 arnended, 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 cinder the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision- making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 201h Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY .JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. David Lawrence Center 2012 CDBG (CD12 -02) Access 2 Wellness Page 24 of 29 Packet Page -2194- 11/13/2012 Item 16.D.3. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 29. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 USC 701). 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 3 1. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments. and Indian Tribes follow: • A -87 for Cost Principles • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non-Profit Organizations follow: • A -122 for Cost Principles • A -110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the""' requirements and standards of OMB A -133, Audits of States, Local Governments, and Non -Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of David Lawrence Center 2012 CDBG (CD 12 -02) Access 2 Weliness Page 25 of 29 Packet Page -2195- ELM 11/13/2012 Item 16.D.3. Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.02, Part I, Construction Liens 39. Florida Statutes 119.021 Records Retention David Lawrence Center 2012 CDBG (CD12 -02) Access 2 Wellness Page 26 of 29 Packet Page -2196- 11/13/2012 Item 16.D.3. EXHIBIT "G "AIA G702 -1992 'AIA Document G702 T"_ 1992 Instructions , Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA i)ocurnew G702, Application and C:'el-Lilleate for Pa)mlent, is to he used in conjunction with AIA Document 6703, Continuation Sheet. These dUC'llrilelltS are designed to he trwd nn a Project where a Contractor has a direct Agreement with the Owner, Procedures fur their use arc covered in AIA Document A201. Cieneral Conditions of the Contract tier Construction. Use orCnt•renl Doctuntents Prior• to using any AIA Conu-act DUCLIIItei1L, users should consult www.ailt.org or a local AiA component u1 verify the most recent edition. Reproductions This docurnent is a copyrighted work and frilly not be reproduced or excerpted front without the express written permission of the AIA. There is no implied permission to reproduce this document., nor does nlcnlber :sh.ip in The American Institute of Architects confer .illy further riOLS to reproduce this docuinent. The AIA herehy grants the purchaser a limited license to reproduce a maximum of ten copies of-'it completed G702, but only for use in connection with a particular project. The AiA Will not permit reproduction outside of the Limited license for reproduction y± antetl above, excerpt upon written request. tend receipt of written permission from the AIA. Rights to reproduce, the ducurnent army vary for users of ATA sofiwarc. Licensed A.IA software users should consult the F_nd User License. Agreement To reporl Copyright Violations of AiA Contract r)ocuillents. e-nmil The American Institute of Architects' ieLal counsel, copyright 0 :6ili, .ore. COMPLETING THE G702 FORM After the Contraculr has completed AIA DUCtnlle'nl G703, Continuation Sheet, nuttuTtary inikirnullion ShOtild tic transferred to AIA Document 0702, Application and Ccriifirale R1r Payment. The Contractor should sign 0702, have it notarized. and submit it, together with G701, to the Architect. The Architect should review G702 and 6703 tend, if they are accepttible, complete the Architect's Certificate for Payment on 6702 The Architect muy certify it different amount than that applied for, pursuant to Sections 9.5 and 9.6 of A201 . The Architect should then initial all figures on G702 and G703 that have been changed to ctnlfurm to [lie amount certificcl and attach an explanation. The completed G702 and G703 should he forwarded to the Owner. MAKING PAYMENT The Owner should matte pttynlent directly to the Contractor based oil the amount certified by the Architect un A.IA Dt:lcument 6702, Application Lind Certifftmte. for Payment.. The completed form contains the name and address of the Contractor. Payment should not he mode to any other party unless specifically incheated on G702. EXECUTION OF THE DOCUMENT PCI'F611R executing the doCulnent should indicate the capacity in which they are acting 0 -e., president, secretary, partner, etc.) aild the. authority under which they are exectuine the document. Where appropriate, a copy ol'the resolution authorizin_+ the individual to act on behalf ol'the firm or entity should bc+ attached. AtA Document 0702— – 1992. Copyright P 1953. 1.983, 1985, 1971, 1978. 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING; This AfA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA' 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. Purchnsers are permitted to reproduce ton 710) copies of this documeni when completed. To report copyright violations of ASA Contract Documents, e-mail Tile American Institute of Architects' legal counsel, copyright (paia.org. David Lawrence Center 2012 CDBG (CD 12 -02) Access 2 Wellness Page 27 of 29 Packet Page -2197- 11/13/2012 Item 16.D.3. 1-2 Al A") Document 702 -W 1992 Application and Certificate for payment r- 100- 1TIO \St)1:Dt!C. TO OWNER: PROJECT: APPLICATION NO: Distribution to. i S PERIOD TO: OWNER D I'Tolalappioved this Month CONTRACT FOR ARCHITECT D FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR D �? PROJECT NOS: 1 FIELD D xu C HANGF:.S by ChanrC Order OTHER D CONTRACTOR'S APPLICATION FOR PAYMENT 'File undersigned Contactor certifies (hat to the best of the Conhacu,r s knowledge. information and helief dw 1Vod; covered by this Application for Payna�nl has heel compleled in accordance Application is nwdee for payment, as shown below, in ronntC(ion whit die Contract. tai(h the Contrao Documents, that all amorous have been paid by the Cnntraet)r Ior WOTI: fitr Continuation Sheet, AIA Docvnrem G701, is 31WIled. which previous Cenificates for Paamen tyere issued and payntewl received from the Ouster, and 1. ORIGINAL CONTRACT SUM ......................... ............................... h— - -- that Current payment shown herein is now due. 2. Net change by Change Orders .................. ............................... S CONTRACTOR: 3, CONTRACT SUM TO DATE (Line I i I .. .... .................................. 4 Ily: - Date: 4, TOTAL COMPLETED & STORED TO DATE (Colwun G on G70, ............. — State of.. - -- S. RETAINAGE, Counly of: of C:ontpleted Work Subscribed and sworn to before (Crduntrt D +1 -, on (17111) S _ _ _ me this day of b. of Stored A- tatcrial _9r (C olwmt F oil W03) 'votary Public: My Commission expires: Total Rctailmt.c (Lines lit; 511 or'1'olal in C Oh nttl I of 0703i,...... 6. TOTAL EARNED LESS RETAINAGE .......................... (Lim, 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT ............ (Line 0 From prior Certificate) B, CURRENT PAYMENT DUE 9, BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Liu fit ti CI 1NGL ORDER SU11\I1RY r- 100- 1TIO \St)1:Dt!C. f {O�5 _ _ Total chat yes a move +l m nrymus nurths by Owner i S ' 9 I'Tolalappioved this Month iS S -- TOTALS �? - xu C HANGF:.S by ChanrC Order ARCHITECT'S CERTIFICATE FOR PAYMENT In uccordatwe with the Contract Documents, hased nn on -site ohsenations and the data Comprisin, this application, the Architect certifies 16 the Owner that to the hest of the An!hitect's knowledge. it11'ormation and hclie(' the Work has progressed as indicated, the quality of the Work is in accordance with (he Contract Documents, and the Contractor is enlillctl to paynlenl of the ANIOU 11' CERTIFIED, AMOUNTCERTIFIED .................................... ...... ................ - , ........ ........ S (Alla(h e.eplawilion if auburn) certified (Lifji -rs from rhr rauown appliett htivai aR f gwres on Ibis ppli,rrrion (urri (in file conlitr+rrrtion Shcei that twe r'ltnrrgrrl w vanronn myth the aorawu (,ertifrerL) ARCHITECT; 'I his Cenificole is not negotiable. The ANIOUN'T CISRT111FI) is payablk only to the Contractor named herein. ksuance, payment and acceptance of payment are withott prepulrce to any rights of Ilic Owner or Contractor under this contract AIA Document Gie2'o -1992, Copyright iJ 1953,1903,1965,1971,1978, 1983 and 1932 by The American Icstilolo of Af,.Nle.cts. All rights reserved. WARNING': f hr AIA Do umr at is p,olecl d h t U.S. t nfajrlgnt Lair ani3 brt:rna!i�ro.ai Gt alt i;. U sulbon-e +i rr trodrr_iio,t u. di,lohuiioa of tots AIA` D l'almonl, or trip pukioll of ii, may r loll in ;era s. 6,111 and criminal I;rnru!'e:,, anti will b, tao.;reuied ti. lhi rout m�mi - r.krt r I os. ibis ni:dr + tae,. Furarzers are poi lilted to ruproduce ten it 0', copes of this der anent when completed. To repot capyrighi vroi:arans of AIA Contract Dit uments, email The Amerieaa Inslih, =,e of Arcluteci. legal counsel, cnpyrighlb�aia.org. David Lawrence Center 2012 CDBG (CD12 -02) /Access 2 Wellness Page 28 of 29 Packet Page -2198- 11/13/2012 Item 16.D.3. CONTINUATION SHEET MA DOCUMENT U-03 iinstructior:s on revefseside) R AIA Document G "J2, APPLIC4TIOJNI AND CERTIFICATE FOR 1?kYME;NT APPLICATION AO.: cnntainit:g Contractor's signed Certification, is attmhed. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar. PERIOD TO: t:se Column I on Contracts vdierevariable retainage for line items may apply. ARCHITECT'S PROJECT N0.: FA I $ C i D E ! F ! G H I 1 I I %WORK CO „ {PLETED r s 1,ti4TERI:�.., TOTaL :TE�i �C ^�EDI!L '• �w I EJ DESI,:iPT1O\ OF %LORI; I r.- PF_a:: \TLl' r -� ST.�Rct, COPLETED AND STORED q: B,L41�CE TO -- ,r.:91 \3GE I r ilr' 1:4R AB.._ FROM PREI'iOUS I 1 ti 0. 1'.�l'E j I Af PL1C -,TfO\ I T r';� ?E ? ?OD i (' \OT IN TO DATE It; = C) FL \liH P�TEI 1 l D + F.i I D OR E; (U -E =F) iC - Gl I i I ( 1 I I � i iI 1 I { I l , I i ( j l I I I I i I � i I i i I AIA DOCUMENT GM3 - CONTINUATION SHTET °OY G "02 !r`;: EDMAN 1.;• " > T >.,i T,IC,\ T17i;TF DF kPLH:T; f - +5:;E1T' PORK ';v” <<;`•:;i U rub, G.0 _ rk r>39' WARNING: Unlicensed photocopying violates U.S. copyright fans and will subject the violator to legal prosecution. G703 -1992 ZI 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. David Lawrence Center 2012 CDBG (CID 12-02) Access 2 Wellness Page 29 of 29 Packet Page -2199-